WSR 17-07-110
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed March 21, 2017, 11:37 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-16-097.
Title of Rule and Other Identifying Information: Chapter 246-809 WAC, Licensure for mental health counselors, marriage and family therapists, and social workers, the department is proposing to update requirements regarding continuing education, training in suicide assessment, and other licensing standards. The proposal also makes clarifications and technical changes accordingly.
Hearing Location(s): Department of Health, Town Center Building #2, Room 145, 111 Israel Road S.E., Tumwater, WA 98501, on April 27, 2017, at 1:00 p.m.
Date of Intended Adoption: May 4, 2017.
Submit Written Comments to: Brad Burnham, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax (360) 236-2901, by April 27, 2017.
Assistance for Persons with Disabilities: Contact Brad Burnham by April 21, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal would establish requirements implementing recent changes to chapter 18.225 RCW and RCW 43.70.442. It would reiterate the statutory requirement of social workers at the associate level to receive training and continuing education in suicide prevention, as well as the statutory requirement that, by July 2017, any continuing education in suicide for any profession must be selected from the model list developed by the department. Continuing education hours required for a "retired-active" credential would be reduced from thirty-six hours to eighteen hours. The proposal also clarifies existing terms and conditions, and makes general housekeeping changes as needed.
Reasons Supporting Proposal: State statute and this proposal are in response to the serious public health issue of suicide. Suicide is the second leading cause of death in our youth and young adults (ages ten to thirty-four). There are nearly twice as many suicides as homicides of youth ages ten to twenty-four. Two of the strongest predictors of suicide are mental illness and substance abuse. Other changes would make the rules consistent with chapter 18.225 RCW and provide greater clarity for licensees regarding existing requirements.
Statutory Authority for Adoption: RCW 18.225.040.
Statute Being Implemented: Chapter 18.225 RCW and RCW 43.70.442.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brad Burnham, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4912.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Brad Burnham, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4912, fax (360) 236-2901, email brad.burnham@doh.wa.gov.
March 21, 2017
John Wiesman Dr. PH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Associate" means a prelicensure candidate who is working towards full licensure in their profession, has a graduate degree in a mental health field under RCW 18.225.090 and is gaining the supervision and supervised experience necessary to become a licensed independent clinical social worker, a licensed advanced social worker, a licensed mental health counselor, or a licensed marriage and family therapist. Associates may not independently provide social work, mental health counseling, or marriage and family therapy for a fee, monetary or otherwise. Associates must work under the supervision of an approved supervisor.
(2) "Independent social work, mental health counseling, or marriage and family therapy" means the practice of these disciplines without being under the supervision of an approved supervisor.
(3) "Licensed counselor" means a licensed marriage and family therapist, licensed mental health counselor, licensed advanced social worker, or licensed independent clinical social worker regulated under chapter 18.225 RCW.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-035 Recordkeeping and retention.
(1) The licensed counselor or associate providing professional services to a client or providing services billed to a third-party payor, must document services, except as provided in subsection (2) of this section. The documentation includes:
(a) The following business information:
(i) Client name;
(((b))) (ii) The fee arrangement and record of payments;
(((c))) (iii) Dates counseling was received;
(((d))) (iv) Disclosure ((form)) statement, signed and dated by licensed counselor and client or associate and client((;
(e))) on or before the initial session.
(b) The following treatment information:
(i) The presenting problem(s), purpose or diagnosis;
(((f))) (ii) Notation and results of formal consults, including information obtained from other persons or agencies through a release of information;
(((g))) (iii) Progress notes sufficient to support responsible clinical practice for the type of theoretical orientation/therapy the licensed counselor or associate uses((.)); and
(iv) The associate must also provide ((adequate)) all relevant information about their clinical work to the approved supervisor. This ((can be in the form of progress)) includes session notes, case discussions/analysis, or reports from collaborating professionals. The approved supervisor must have ((an)) a thorough understanding of the clinical work that the associate is doing.
(2) If a client being treated by the licensed counselor requests in writing that no treatment records be kept, and the licensed counselor ((or associate)) agrees to the request, ((the request must be in writing and)) then the licensed counselor ((or associate)) must retain only the following documentation:
(a) The following business information:
(i) Client name;
(((b))) (ii) The fee arrangement and record of payments;
(((c))) (iii) Dates counseling was received; and
(((d))) (iv) Disclosure ((form)) statement, signed and dated by licensed counselor or associate and client((;
(e) Written request that no records be kept)).
(b) The client's written request that no treatment records be kept.
(3) The licensed counselor ((or associate may)) shall not agree to the request if maintaining client records is required by other state or federal law.
(4) The licensed counselor or associate or the associate's supervisor must keep all client records for a period of five years following the last visit. Within this five-year period, all records must be maintained safely, with properly limited access.
(5) The licensed counselor or associate or the associate's supervisor ((must)) shall make provisions for retaining or transferring records in the event of going out of business, death or incapacitation. These provisions may be made in the practitioner's will, an office policy, or by ensuring another licensed counselor is available to review records with a client and recommend a course of action; or other appropriate means as determined by the licensed counselor or associate.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-040 Reporting of suspected abuse or neglect of a child or vulnerable adult.
As required by chapter 26.44 RCW, all licensed counselors and associates ((must)) shall immediately report abuse or neglect of a child if the counselor has reasonable cause to believe that an incident has occurred.
As required by chapter 74.34 RCW, all licensed counselors and associates must report suspected abandonment, abuse, neglect, or financial exploitation of a vulnerable adult, when there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect has occurred.
((The counselor or associate shall report to the local law enforcement agency or to the department of social and health services at the first opportunity, but no longer than twenty-four hours after deciding there is reasonable cause to believe that the child or vulnerable adult has suffered abandonment, abuse, neglect, or financial exploitation.))
The associate will inform their approved supervisor of their filing any report made ((by the associate)) pursuant to this section.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-049 Sexual misconduct.
(1) The definitions and prohibitions on sexual misconduct described in ((chapter 246-16)) WAC 246-16-100 apply to licensed counselors and associates ((except WAC 246-16-100 (3) and (4))).
(2) A licensed counselor or associate shall never engage, or attempt to engage, in the activities listed in WAC 246-16-100 (1) ((with a former patient, former client or former key party)) and (2).
AMENDATORY SECTION (Amending WSR 06-09-032, filed 4/12/06, effective 5/13/06)
WAC 246-809-060 Mandatory reporting.
(((1))) All reports required by this chapter shall be submitted to the department as ((soon as possible)) required by chapter 246-16 WAC, but no later than twenty days after a determination is made.
(((2) Reports made in accordance with WAC 246-809-061, 246-809-062, 246-809-063, and 246-809-064 should contain the following information if known:
(a) The name, address, and telephone number of the person making the report.
(b) The name, address, and telephone number of the licensed counselor being reported.
(c) The case number of any client or patient whose treatment is a subject of the report.
(d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.
(e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.
(f) Any further information which would aid in the evaluation of the report.
(3) Mandatory reports are exempt from public inspection and copying to the extent permitted under chapter 42.17 RCW.
(4) A person is immune from civil liability, whether direct or derivative, for providing information to the department under RCW 18.130.070.))
AMENDATORY SECTION (Amending WSR 01-17-113, filed 8/22/01, effective 9/22/01)
WAC 246-809-080 AIDS prevention and information education requirements.
Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8. Training courses may be taken any time prior to initial licensure as an associate or a licensed counselor.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-110 Definitions.
The following terms apply to the licensure of marriage and family therapists and marriage and family therapist associates.
(1) "Approved educational program" means:
(a) Any college or university accredited by a national or regional accrediting body recognized by the Commission on Recognition of Postsecondary Accreditation or its successor; or
(b) A program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE), at the time the applicant completed the required education.
(2) "Approved supervisor" means a licensed marriage and family therapist, or an equally qualified licensed mental health practitioner.
(3) "Equally qualified licensed mental health practitioner" means a licensed mental health counselor, licensed clinical social worker, licensed psychologist, licensed physician practicing as a psychiatrist, or licensed psychiatric nurse practitioner, who has completed:
(a) Three hundred clock hours in graduate or postgraduate marriage and family education, or continuing education in marriage and family therapy or supervision by an approved marriage and family therapist supervisor in marriage and family therapy or any combination of these; and
(b) Five years of clinical practice that includes the equivalent of one year of clinical practice working with couples and families.
(4) "Group supervision" means face-to-face supervision with an approved supervisor, involving one supervisor and no more than six licensure candidates.
(5) "Licensure candidate" means an individual that is accruing supervised clinical experience required for licensure.
(6) "One-on-one supervision" means face-to-face supervision with an approved supervisor, involving one supervisor and no more than two licensure candidates.
(7) "Peer" means a co-worker who is not the licensure candidate's employer or supervisor.
(8) "Supervised experience requirement" means experience that is obtained under an approved supervisor who meets the requirements described in WAC 246-809-134.
(((8))) (9) "Supervision of supervision" means supervision by an approved supervisor for the purpose of training and qualifying a license holder to act as an approved supervisor for purposes of chapter 18.225 RCW and WAC 246-809-134.
(((9) "Peer" means a co-worker who is not the licensure candidate's employer or supervisor.))
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-121 Program equivalency.
(1) To meet the program equivalency requirement, an applicant must have course work equivalent to a master's or doctoral degree in ((marriage and family therapy must include graduate level courses in marital and family systems, marital and family therapy, individual development psychopathology, human sexuality, research, professional ethics and law, and supervised clinical practice and electives)) each area of study described in subsection (2) of this section.
(2) A total of forty-five semester credits ((and)) or sixty quarter credits are required in ((all)) the nine areas of study as described in this subsection. A minimum of twenty-seven semester credits or thirty-six quarter credits are required in the first five areas of study: Marital and family systems, marital and family therapy, individual development psychopathology, human sexuality, and research. Distribution of the course work is as follows:
(((1))) (a) Marital and family systems. (((a))) An applicant must have taken ((at least two courses)) a minimum of six semester or eight quarter credits in marital and family systems. ((Course work required is a minimum of six semester credits or eight quarter credits.
(b))) Marital and family systems is a fundamental introduction to the systems approach to intervention. The student should learn to think in systems terms on a number of levels across a wide variety of family structures, and regarding a diverse range of presenting problems. While the most intense focus may be on the nuclear family (in both its traditional and alternative forms), models should be taught which integrate information regarding the marital, sibling, and individual subsystems, as well as the family of origin and external societal influences. Developmental aspects of family functioning should also be considered of the family system; it also provides a theoretical basis for treatment strategy. Some material may be drawn from familiar sources such as family sociology, but it should be integrated with recent clinically oriented systems concepts. Supplemental studies may include family simulation, the observation of well families, and study of the student's family of origin.
(((2))) (b) Marital and family therapy. (((a))) An applicant must have taken ((at least two courses)) a minimum of six semester or eight quarter credits in marital and family therapy. ((Course work required is a minimum of six semester credits or eight quarter credits.
(b))) Marital and family therapy is intended to provide a substantive understanding of the major theories of systems change and the applied practices evolving from each orientation. Major theoretical approaches to be surveyed might include strategic, structural, experiential, neoanalytical (e.g., object relations), communications, and behavioral. Applied studies should consider the range of technique associated with each orientation, as well as a variety of treatment structures, including individual, concurrent, collaborative, conjoint marital, marital group, transgenerational, and network therapies.
(((3))) (c) Individual development. (((a))) An applicant must have taken ((at least one course)) a minimum of two semester credits or three quarter credits in individual development. ((Course work required is a minimum of two semester credits or three quarter credits.
(b))) A course in this area is intended to provide a knowledge of individual personality development and its normal and abnormal manifestations. The student should have relevant course work in human development across the life span, and in personality theory. An attempt should be made to integrate this material with systems concepts. Several of the courses in this category may be required as prerequisites for some degree programs.
(((4))) (d) Psychopathology. (((a))) An applicant must have taken at least one course in psychopathology. Course work required is a minimum of two semester credits or three quarter credits.
(((b))) Psychopathology is the assessment and diagnosis including familiarity with current diagnostic nomenclature, diagnostic categories and the development of treatment strategies.
(((5))) (e) Human sexuality. (((a))) An applicant must have taken at least one course in human sexuality. Course work required is a minimum of two semester credits or three quarter credits.
(((b))) Human sexuality includes normal psycho-sexual development, sexual functioning ((and its)), physiological aspects ((and)), sexual dysfunction and its treatment.
(((6))) (f) Research. (((a))) An applicant must have taken at least one course in research methods. Course work required is a minimum of three semester credits or four quarter credits.
(((b))) The research area is intended to provide assistance to students in becoming informed consumers of research in the marital and family therapy field. Familiarity with substantive findings, together with the ability to make critical judgments as to the adequacy of research reports, is expected.
(((7))) (g) Professional ethics and law. (((a))) An applicant must have taken at least one course in professional ethics and law. Course work required is a minimum of three semester credits or four quarter credits.
(((b))) This area is intended to contribute to the development of a professional attitude and identity. Areas of study will include professional socialization ((and)), the role of the professional organization, licensure or certification legislation, legal responsibilities ((and)), legal liabilities, ethics and family law, confidentiality, independent practice and interprofessional cooperation.
(((8))) (h) Electives. (((a))) An individual must take one course in an elective area. Course work required is a minimum of three semester credits ((and)) or four quarter credits.
(((b))) This area will vary with different institutions but is intended to provide supplemental and/or specialized supporting areas.
(((9))) (i) Supervised clinical practice. (((a))) An applicant may acquire up to nine semester credits or twelve quarter credits through supervised clinical practice in marriage and family therapy under the supervision of a qualified marriage and family therapist as determined by the school.
(((b) If an)) Applicants who completed a master's or doctoral degree program in marriage and family therapy, or a behavioral science master's or doctoral degree with equivalent course work, ((prior to)) before January 1, 1997((; and if that degree did not include a supervised clinical practice component, the applicant may substitute the clinical practice component with proof of a minimum of three years postgraduate experience in marriage and family therapy,)), may substitute the supervised clinical practice educational component by documenting a minimum of three years of postgraduate experience in marriage and family therapy. These hours are in addition to the two years supervised postgraduate experience required under ((section 9(1), chapter 251, Laws of 2001)) RCW 18.225.090.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-130 Supervised postgraduate experience.
The experience requirements for the marriage and family therapist applicant's practice area include successful completion of a supervised experience requirement. The experience requirement consists of a minimum of two calendar years of full-time marriage and family therapy. ((Of the total supervision, one hundred hours must be with a licensed marriage and family therapist with at least five years' clinical experience; the other one hundred hours may be with an equally qualified licensed mental health practitioner.)) Total experience requirements include:
(1) A minimum of three thousand hours of experience((,)) that includes one thousand hours of ((which must be)) direct client contact((;)) with at least five hundred hours ((must be)) gained in diagnosing and treating couples and families; ((plus))
(2) At least two hundred hours of qualified supervision with an approved supervisor.
(a) Of the two hundred hours, one hundred hours must be with a licensed marriage and family therapist with at least five years of clinical experience; the other one hundred hours may be with an equally qualified licensed mental health practitioner;
(b) At least one hundred of the two hundred hours must be one-on-one supervision((,)); and
(c) The remaining hours may be in one-on-one or group supervision.
(3) Applicants who have completed a master's program accredited by the Commission on Accreditation for Marriage and Family Therapy Education of the American Association for Marriage and Family Therapy ((may)) boards will be credited with five hundred hours of direct client contact and one hundred hours of ((formal meetings)) qualified supervision with an approved supervisor((.));
(4) Licensed marriage and family therapist associate applicants are not required to have supervised postgraduate experience prior to becoming an associate((.));
(5) Licensed marriage and family therapist associate applicants must declare they are working towards full licensure.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-134 Approved supervisor.
(1) The approved supervisor must hold a license as defined per WAC 246-809-110. The license must be without restrictions ((that has)) and have been in good standing for ((at least)) the previous two years.
(2) The approved supervisor must not be a blood or legal relative or cohabitant of the licensure candidate, licensure candidate's peer, or someone who has ((acted as)) provided psychological services to the licensure ((candidate's therapist)) candidate within the past two years.
(3) Before beginning supervision, the approved supervisor((, prior to the commencement of any supervision,)) must provide the licensure candidate with a declaration((,)) stating that the supervisor has met the requirements of this section and qualifies as an approved supervisor. The declaration will be on a form provided by the department((, that the supervisor has met the requirements of WAC 246-809-134 and qualify as an approved supervisor)).
(4) The approved supervisor must have completed the following:
(a) A minimum of fifteen clock hours of training in clinical supervision obtained through:
(i) A supervision course; or
(ii) Continuing education credits on supervision; or
(iii) Supervision of supervision; or
(iv) Any combination of these; and
(b) Twenty-five hours of experience in supervision of clinical practice; or
(c) An American Association for Marriage and Family Therapy (AAMFT) approved supervisor meets the qualifications ((above)) of this subsection.
(5) The approved supervisor must attest to having thorough knowledge of the ((supervisee's)) licensure candidate's practice activities including:
(a) Practice setting;
(b) Recordkeeping, as outlined in WAC 246-809-035;
(c) Financial management;
(d) Ethics of clinical practice; and
(e) ((A)) The licensure candidate's backup plan for coverage in times when the licensure candidate is not available to their clients.
(6) Applicants whose supervised postgraduate experience began before September 30, 2006, are exempt from the requirements of subsection (4) of this section.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-140 Examination.
((Examination required.)) Applicants for full licensure must take and pass the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) examination. The passing score on the examination is established by the testing company in conjunction with the AMFTRB.
AMENDATORY SECTION (Amending WSR 17-02-005, filed 12/22/16, effective 1/22/17)
WAC 246-809-210 Definitions.
The following definitions apply to the licensure of mental health counselors and mental health counselor associates.
(1) "Approved educational program" means any college or university accredited by an accreditation body recognized by the Council for Higher Education Accreditation (CHEA) or United States Department of Education.
(2) "Approved setting" includes facilities, agencies or private practice where an applicant works with individuals, families, couples or groups under the supervision of an approved supervisor.
(3) "Approved supervisor" means a qualified licensed mental health counselor or equally qualified licensed mental health practitioner who has been licensed without restrictions for at least two years.
(4) "Equally qualified licensed mental health practitioner" means a licensed marriage and family therapist, licensed clinical social worker, licensed psychologist, licensed physician practicing as a psychiatrist, or licensed psychiatric nurse practitioner.
(5) "Group supervision" means face-to-face supervision with an approved supervisor, involving one supervisor and no more than six licensure candidates.
(6) "Immediate supervision" means a meeting with an approved supervisor, involving one supervisor and no more than two licensure candidates.
(7) "Licensure candidate" means an individual that is accruing supervised clinical experience required for licensure.
(8) "Peer" means a co-worker who is not the licensure candidate's employer or supervisor.
(9) "Supervision of supervision" means supervision by an approved supervisor for the purpose of training and qualifying a licensee to act as an approved supervisor for purposes of chapter 18.225 RCW and WAC 246-809-234.
(((9) "Peer" means a co-worker who is not the licensure candidate's employer or supervisor.))
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-220 Education requirements.
(1) To meet the education requirement for licensure as a mental health counselor or mental health counselor associate, an applicant must have a master's or doctoral degree in mental health counseling or a master's or doctoral degree in a behavioral science ((master's or doctoral degree in a)) field relating to mental health counseling from an approved school. Fields recognized as relating to mental health counseling include counseling, psychology, social work, nursing, education, pastoral counseling, rehabilitation counseling, or social sciences. Any field of study qualifying as related to mental health counseling must satisfy course work equivalency requirements included in WAC 246-809-221. An official transcript must be provided as evidence of fulfillment of the course work required.
(2) Any supplemental course work ((required)) must be from an approved school.
(3) Applicants who ((held)) hold a behavioral science master's or doctoral degree ((and are completing)) in a related field may complete supplemental course work through an approved ((school)) educational program to satisfy any missing program equivalencies ((may count any)). Postgraduate experience hours acquired concurrently with the additional course work counts toward the supervised postgraduate experience under WAC 246-809-230.
(4) A person who is a Nationally Certified Counselor (NCC) or a Certified Clinical Mental Health Counselor (CCMHC) through the National Board of Certified Counselors (NBCC) is considered to have met the education requirements of this chapter. Verification must be ((sent directly to)) received by the department directly from NBCC.
AMENDATORY SECTION (Amending WSR 01-17-113, filed 8/22/01, effective 9/22/01)
WAC 246-809-221 Behavioral sciencesProgram equivalency.
(1) Behavioral science in a field relating to mental health counseling includes a core of study relating to counseling theory and counseling philosophy.
(2) Either a counseling practicum, or a counseling internship, or both, must be included in the core of study. Exclusive use of an internship or practicum used for qualification must have incorporated supervised direct client contact.
(3) This core of study must include seven of the content areas ((from the entire list in subsections (1) through (17) of this section, five of which)) listed in (a) through (q) of this subsection. Five of the content areas must be from ((content areas in subsections (1) through (8))) (a) through (h) of this subsection:
(((1))) (a) Assessment/diagnosis.
(((2))) (b) Ethics/law.
(((3))) (c) Counseling individuals.
(((4))) (d) Counseling groups.
(((5))) (e) Counseling couples and families.
(((6))) (f) Developmental psychology (may be child, adolescent, adult or life span).
(((7))) (g) Psychopathology/abnormal psychology.
(((8))) (h) Research and evaluation.
(((9))) (i) Career development counseling.
(((10))) (j) Multicultural concerns.
(((11))) (k) Substance/chemical abuse.
(((12))) (l) Physiological psychology.
(((13))) (m) Organizational psychology.
(((14))) (n) Mental health consultation.
(((15))) (o) Developmentally disabled persons.
(((16))) (p) Abusive relationships.
(((17))) (q) Chronically mentally ill.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-230 Supervised postgraduate experience.
(1) The experience requirements for the mental health counselor applicant's practice area include successful completion of a supervised experience requirement. The experience requirement consists of a minimum of thirty-six months full-time counseling or three thousand hours of postgraduate mental health counseling under the supervision of a qualified licensed mental health counselor or equally qualified licensed mental health practitioner in an approved setting. Of the three thousand hours ((of required experience includes a minimum of)):
(a) One hundred hours spent in immediate supervision with the qualified licensed mental health counselor or equally qualified licensed mental health practitioner((, and includes a minimum of)); and
(b) At least one thousand two hundred hours ((of)) must be direct counseling with individuals, couples, families, or groups.
(2) Applicants who have completed a master's or doctoral program accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) will be credited with fifty hours of postgraduate supervision and five hundred hours of postgraduate experience.
(3) Applicants for licensed mental health counselor associate are not required to have supervised postgraduate experience prior to becoming an associate.
(4) Licensed mental health counselor associate applicants must declare they are working toward full licensure.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-234 Approved supervisor.
(1) The approved supervisor must hold a license as defined in WAC 246-809-210. The supervisor must be licensed without restrictions ((that has)) and have been in good standing for ((at least)) the previous two years.
(2) The approved supervisor must not be a blood or legal relative or cohabitant of the licensure candidate, licensure candidate's peer, or someone who has ((acted as)) provided psychological services to the licensure ((candidate's therapist)) candidate within the past two years.
(3) Before beginning supervision, the approved supervisor((, prior to the commencement of any supervision,)) must provide the licensure candidate a declaration((, on a form provided by the department,)) stating that the supervisor has met the requirements of WAC 246-809-234 and ((qualify)) qualifies as an approved supervisor. The declaration must be on a form provided by the department.
(4) The approved supervisor must have completed the following:
(a) A minimum of fifteen clock hours of training in clinical supervision obtained through:
(i) A supervision course; or
(ii) Continuing education credits on supervision; or
(iii) Supervision of supervision; and
(b) Twenty-five hours of experience in supervision of clinical practice.
(5) The approved supervisor shall ((have full)) attest to having thorough knowledge of the licensure candidate's practice activities including:
(a) Recordkeeping, as outlined in WAC 246-809-035;
(b) Financial management;
(c) Ethics of clinical practice;
(d) Practice setting; and
(((d))) (e) The licensure candidate's backup plan for coverage in times when the licensure candidate is not available to their clients.
(6) Applicants whose supervised postgraduate experience began before September 30, 2006, are exempt from the requirements of subsection (4) of this section.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-240 Examination for licensed mental health counselors.
(1) Applicants for licensure as a mental health counselor must pass an examination administered by the National Board of Certified Counselors (NBCC). Applicants who pass the National Certification Examination (NCE) or the National Clinical Mental Health Counselor Examination (NCMHCE), as administered by the NBCC, meet the examination requirements to be licensed as mental health counselors. ((Each applicant must cause the NBCC to send verification of the applicant's examination passage directly to)) The department of health must receive passing exam results directly from NBCC before licensure can be granted.
(2) The department of health shall accept the passing score established by the NBCC for licensed mental health counselor examinations.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-310 Definitions.
The following definitions apply to the licensure of independent clinical and advanced social workers and independent clinical and advanced social work associates.
(1) "Approved educational program" means a master's or doctoral educational program in social work accredited by the Council on Social Work Education.
(2) "Approved supervisor" means a licensed independent clinical social worker (LICSW), licensed advanced social worker (LASW) (for LASWs only), or an equally qualified licensed mental health practitioner.
(3) "Equally qualified licensed mental health practitioner" means a licensed mental health counselor, licensed marriage and family therapist, licensed psychologist, licensed physician practicing as a psychiatrist, or licensed psychiatric nurse practitioner.
(4) "Group supervision" means face-to-face supervision with an approved supervisor, involving one supervisor and no more than six licensure candidates.
(5) "Licensure candidate" means an individual that is accruing supervised clinical experience required for licensure.
(6) "Nationally recognized standards" means the Educational Policy and Accreditation Standards, revised October 2004 published by the Council on Social Work Education revised October 2004 or any future revisions.
(7) "One-on-one supervision" means face-to-face supervision with an approved supervisor, involving one supervisor and one licensure candidate.
(8) "Peer" means a co-worker who is not the licensure candidate's employer or supervisor.
(9) "Supervision of supervision" means supervision by an approved supervisor for the purpose of training and qualifying a licensee to become an approved supervisor for purposes of chapter 18.225 RCW and WAC 246-809-334.
(((9) "Peer" means a co-worker who is not the licensure candidate's employer or supervisor.))
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-320 Education requirements ((and supervised postgraduate experience)).
(((1))) The following are the education requirements for the social worker applicant's practice area:
(((a))) (1) Licensed advanced social worker or licensed social worker associate-advanced((. Graduation)) must have graduated from a master's or doctoral social work educational program accredited by the Council on Social Work Education ((and approved by the secretary based upon nationally recognized standards)).
(((b))) (2) Licensed independent clinical social worker or licensed social worker associate-independent clinical((. Graduation)) must have graduated from a master's or doctorate level social work educational program accredited by the Council on Social Work Education ((and approved by the secretary based upon nationally recognized standards.
(2) The following are the supervised postgraduate experience requirements for the social worker applicant's practice area:
(a) Licensed advanced social worker. Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of three thousand two hundred hours with ninety hours of supervision by a licensed independent clinical social worker or a licensed advanced social worker who has been licensed or certified for at least two years. Of those hours, fifty hours must include direct supervision by a licensed advanced social worker or licensed independent clinical social worker; the other forty hours may be with an equally qualified licensed mental health practitioner. Forty hours must be in one-to-one supervision and fifty hours may be in one-to-one supervision or group supervision. Distance supervision is limited to forty supervision hours. Eight hundred hours must be in direct client contact.
(b) Licensed independent clinical social worker. Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of four thousand hours of experience, of which one thousand hours must be direct client contact, over a three-year period supervised by a licensed independent clinical social worker, with supervision of at least one hundred thirty hours by a licensed mental health practitioner. Of the total supervision, seventy hours must be with an independent clinical social worker; the other sixty hours may be with an equally qualified licensed mental health practitioner. Sixty hours must be in one-to-one supervision and seventy hours may be in one-to-one supervision or group supervision. Distance supervision is limited to sixty supervision hours.
(3) Licensed social worker associate-advanced and licensed social worker associate-independent clinical applicants are not required to have supervised postgraduate experience prior to becoming an associate.
(4) Licensed social worker associate-advanced and licensed social worker associate-independent clinical applicants must declare they are working toward full licensure)).
NEW SECTION
WAC 246-809-330 Supervised postgraduate experience requirements.
(1) Licensed advanced social worker. The supervised experience requirement consists of a minimum of three thousand two hundred hours with ninety hours of supervision by a licensed independent clinical social worker or a licensed advanced social worker who has been licensed or certified for at least two years. Of those hours:
(a) Eight hundred hours must be in direct client contact;
(b) Ninety hours must be in direct supervision as follows:
(i) Fifty hours must include direct supervision by a licensed advanced social worker or licensed independent clinical social worker; these hours may be in one-to-one supervision or group supervision;
(ii) Forty hours may be with an equally qualified licensed mental health practitioner as defined in WAC 246-809-310(3). These hours must be in one-to-one supervision.
(c) Distance supervision is limited to forty supervision hours.
(2) Licensed independent clinical social worker: The experience requirement consists of a minimum of four thousand hours of experience, over a period of not less than three years. Of those four thousand hours:
(a) One thousand hours must be direct client contact supervised by a licensed independent clinical social worker;
(b) One hundred thirty hours of direct supervision as follows:
(i) Seventy hours must be with an independent clinical social worker;
(ii) Sixty hours may be with an equally qualified licensed mental health practitioner as defined in WAC 246-809-310(3);
(iii) Sixty hours of the one hundred thirty hours of direct supervision must be in one-to-one supervision. The remaining seventy hours may be in one-to-one supervision or group supervision; and
(iv) Distance supervision is limited to sixty supervision hours.
(3) Licensed social worker associate-advanced and licensed social worker associate-independent clinical applicants are not required to have supervised postgraduate experience prior to becoming an associate.
(4) Licensed social worker associate-advanced and licensed social worker associate-independent clinical applicants must declare they are working toward full licensure.
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-334 Approved supervisor standards and responsibilities.
(1) The approved supervisor must hold a license as defined in WAC 246-809-310. The license is without restrictions ((that)) and has been active and in good standing for ((at least)) the previous two years.
(2) The approved supervisor must not be a blood or legal relative or cohabitant of the licensure candidate, licensure candidate's peer, or someone who has acted as the licensure candidate's therapist within the past two years.
(3) Before beginning supervision, the approved supervisor((, prior to the commencement of any supervision,)) must provide the licensure candidate with a declaration((, on a form provided by the department,)) that the supervisor has met the requirements of WAC 246-809-334 and ((qualify)) qualifies as an approved supervisor. The declaration must be on a form provided by the department.
(4) The approved supervisor must have completed the following:
(a) A minimum of fifteen clock hours of training in clinical supervision obtained through:
(i) A supervision course; or
(ii) Continuing education credits on supervision; ((or))
(iii) Supervision of supervision; and
(b) Twenty-five hours of experience in supervision of clinical practice; and
(c) Has had two years of clinical experience postlicensure.
(5) The approved supervisor must attest to having thorough knowledge of the licensure candidate's practice activities including:
(a) Specific practice setting;
(b) Recordkeeping, as outlined in WAC 246-809-035;
(c) Financial management;
(d) Ethics of clinical practice; and
(e) The licensure candidate's backup plan for coverage in times when ((he/she)) the licensure candidate is not available to their clients.
(6) Licensure candidates whose supervised postgraduate experience began before September 30, 2006, are exempt from the requirements of subsection (4) of this section.
AMENDATORY SECTION (Amending WSR 01-17-113, filed 8/22/01, effective 9/22/01)
WAC 246-809-340 Examination required.
(1) Either the American Association of State Social Work Board's advanced or clinical examination is approved for use as the state examination for licensure of social workers.
(2) The ((passing score established by the testing company is the passing score accepted by the department of health)) department accepts the passing scores established by the testing company.
AMENDATORY SECTION (Amending WSR 14-09-102, filed 4/22/14, effective 4/22/14)
WAC 246-809-600 Professions required to ((have)) complete continuing education.
Licensed ((marriage and family therapists, licensed mental health counselors, and licensed social workers are required to have)) counselors must complete continuing education as required in WAC 246-809-630 and 246-809-632.
AMENDATORY SECTION (Amending WSR 14-09-102, filed 4/22/14, effective 4/22/14)
WAC 246-809-610 Eligible continuing education activities.
(1) The continuing education (CE) program or course for licensed counselors and associates must:
(a) Be relevant to ((licensed marriage and family therapists, licensed mental health counselors and licensed social workers and must)) the profession; and
(b) Contribute to the advancement, extension and enhancement of ((the)) their professional competence ((of the licensed marriage and family therapist, licensed mental health counselor, and licensed social worker)).
(2) Courses or workshops primarily designed to increase practice income or office efficiency are not eligible for CE credit.
(((1))) (3) Acceptable CE courses (including distance learning), seminars, workshops and postgraduate institutes are those which are:
(a) Programs having a featured instructor, speaker(s) or panel approved by an industry-recognized local, state, national, international organization or institution of higher learning; or
(b) Distance learning programs, approved by an industry-recognized local, state, national or international organization or institution of higher learning. These programs must require tests of comprehension upon completion. Distance learning programs are limited to twenty-six hours per reporting period.
(((2))) (4) Training programs sponsored by the agency where a licensed counselor or associate is employed are acceptable ((if:
(a) The experience can be shown to contribute to the advancement, extension and enhancement of the professional competence of the licensed marriage and family therapist, licensed mental health counselor and/or the licensed social worker; and
(b) The training programs)) but are limited to twenty-six hours per reporting period.
(((3))) (5) Other learning experience, such as serving on a panel, board or council, community service, research, peer consultation, or publishing articles for professional publications are acceptable ((if:
(a) The experience can be shown to contribute to the advancement, extension and enhancement of the professional competence of the licensed marriage and family therapist, licensed mental health counselor and/or the licensed social worker; and
(b) The experience is)) but are limited to six hours per reporting period.
AMENDATORY SECTION (Amending WSR 14-09-102, filed 4/22/14, effective 4/22/14)
WAC 246-809-615 Suicide training standards.
(1) ((An approved)) A licensed counselor must complete training in suicide assessment, treatment, and management ((must:)). The training must be provided by a single provider and must be at least six hours in length, which may be provided in one or more sessions.
(a) Until July 1, 2017, the training must be approved by an industry-recognized local, state, national, international organizations or institutions of higher learning listed in WAC 246-809-620 or an equivalent organization, educational institution or association which approves training based on observation and experience or best available practices;
(b) ((Cover training in suicide assessment, treatment, and management; and
(c) Be provided by a single provider and must be at least six hours in length, which may be provided in one or more sessions.)) Beginning July 1, 2017, the training must be on the department's model list of training programs in suicide assessment, treatment and management. The model list is developed in accordance with rules adopted by the department that establish minimum standards for training programs. The establishment of the model list does not affect the validity of training completed prior to July 1, 2017; and
(c) An associate applying for initial licensure may delay completion of the first training required by this section for six years after initial licensure if he or she can demonstrate successful completion of the training required in (a) or (b) of this subsection no more than six years prior to the application for initial licensure.
(2) A licensed marriage and family therapist, licensed mental health counselor, ((or)) licensed social worker, or licensed social worker associate who is a state or local government employee is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six-hour block or may be spread among shorter training sessions at the employer's discretion.
(3) A licensed marriage and family therapist, licensed mental health counselor, ((or)) licensed social worker, or licensed social worker associate who is an employee of a community mental health agency licensed under chapter 71.24 RCW or a chemical dependency program certified under chapter 70.96A RCW is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six-hour block or may be spread among shorter training sessions at the employer's discretion.
AMENDATORY SECTION (Amending WSR 14-09-102, filed 4/22/14, effective 4/22/14)
WAC 246-809-630 Continuing education requirements.
(1) An associate must complete eighteen hours of continuing education as required in WAC 246-809-632.
(2) Licensed social worker associate advanced and licensed social worker associate independent clinical must complete six hours of suicide assessment, treatment, and management CE as required in WAC 246-809-632.
(3) A licensed ((marriage and family therapist, licensed mental health counselor and licensed social worker)) counselor must complete thirty-six hours of continuing education (CE) every two years.
(((2))) (a) At least six of the thirty-six hours must be in professional ethics and law, which may include topics under RCW 18.130.180.
(((3))) (b) Beginning January 1, 2014, at least once every six years a licensed marriage and family therapist, licensed mental health counselor, and licensed social worker must complete at least six hours of training in suicide assessment, treatment, and management.
(((a))) (i) The first training must be completed during the first full CE reporting period after January 1, 2014, or the first full CE period after initial licensure, whichever occurs later.
(((b))) (ii) Beginning July 1, 2017, the training must be selected from the department's model list, as required in WAC 246-809-615.
(iii) The hours spent completing training in suicide assessment, treatment, and management count toward the total thirty-six hours of CE.
(((c))) (iv) An individual applying for initial licensure as a licensed marriage and family therapist, licensed mental health counselor, or licensed social worker on or after January 1, 2014, may delay completion of the first training required for six years after initial licensure if he or she can demonstrate completion of six hours of training in suicide assessment, treatment, and management that:
(((i))) (A) Was completed no more than six years prior to the application for initial licensure; and
(((ii))) (B) Meets the qualifications listed in WAC 246-809-615.
NEW SECTION
WAC 246-809-632 Licensed associate continuing education.
(1) All licensed associates must complete a total of eighteen hours of continuing education (CE) every year in order to renew their license. The CEs must be completed in accordance with this chapter. An associate must attest to completing the CE every year during the renewal.
(2) Professional ethics and law CE for all licensed associates. All licensed associates must include six hours of CE in professional ethics and law every two years. The associates must attest to completing the CE during the second renewal, fourth renewal, and sixth renewal. These six CE hours maybe completed anytime within the two-year period before each of these renewals. The six hours may contribute to the total eighteen hours of CE for the year in which the CE was completed.
(3) Suicide assessment, treatment, and management CE only for licensed social worker associate advanced and licensed social worker associate independent clinical. Licensed social worker associate advanced and licensed social worker associate independent clinical must complete six hours of suicide assessment, treatment, and management CE after initial licensure and before the first renewal in accordance with WAC 246-809-615 and 246-809-630.
(a) The licensed social worker associate advanced and licensed social worker associate independent clinical may delay completing the first training if he or she can demonstrate completion of the training no more than six years before gaining their initial license.
(b) The hours spent completing training in suicide assessment, treatment, and management count toward the total eighteen hours of CE.
Table 1
Continuing Education Requirements by Licensure Renewal Dates
License Type
• Marriage and Family Therapist Associate
• Social Worker Associate Advanced
 
• Mental Health Counselor Associate
• Social Worker Associate Independent Clinical
At Initial Licensure
Not applicable for initial licensure
Not applicable for initial licensure
Between Initial Licensure and First Renewal
 
18 Hours Total
18 Hours Total
 
 
 
• 6 hours in suicide assessment, treatment, and management unless obtained 6 years prior to initial licensure
Between First and Second Renewal
18 Hours Total
18 Hours Total
 
 
• 6 of which must be in professional ethics and law which may be obtained anytime within 2 years before the CE due date
 
• 6 of which must be in professional ethics and law which may be obtained anytime within 2 years before the CE due date
Between Second and Third Renewal
18 Hours Total
18 Hours Total
Between Third and Fourth Renewal
18 Hours Total
18 Hours Total
 
 
• 6 of which must be in professional ethics and law which may be obtained anytime within 2 years before the CE due date
 
• 6 of which must be in professional ethics and law which may be obtained anytime within 2 years before the CE due date
Between Fourth and Fifth Renewal
18 Hours Total
18 Hours Total
Between Fifth and Sixth Renewal
18 Hours Total
18 Hours Total
 
 
• 6 of which must be in professional ethics and law which may be obtained anytime within 2 years before the CE due date
 
• 6 of which must be in professional ethics and law which may be obtained anytime within 2 years before the CE due date
AMENDATORY SECTION (Amending WSR 09-15-039, filed 7/8/09, effective 7/8/09)
WAC 246-809-710 Required disclosure information.
(1) The following information shall be provided to each client or patient at the commencement of any program of treatment:
(a) Name of firm, agency, business, or licensee's practice;
(b) Licensee's business address and telephone number;
(c) Washington state license number;
(d) The licensee's name;
(e) The methods or treatment modality and therapeutic orientation the licensee uses;
(f) The licensee's education, and training;
(g) The course of treatment, when known;
(h) Billing information, including:
(i) Client's cost per each treatment session; and
(ii) Billing practices, including any advance payments and refunds;
(i) Clients are to be informed that they as individuals have the right to refuse treatment and the right to choose a practitioner and treatment modality which best suits their needs;
(j) This subsection does not grant (clients) new rights and is not intended to supersede state or federal laws and regulations, or professional standards;
(k) The licensee must provide department of health contact information to the client so the client may obtain a list of or copy of the acts of unprofessional conduct listed under RCW 18.130.180. Department of health contact information must include the name, address, and telephone number for the health professions complaint process.
(2) Associates must provide each client or patient, during the first professional contact, with a disclosure form disclosing that he or she is an associate under the supervision of an approved supervisor. Associates may not independently provide clinical social work, mental health counseling, or marriage and family therapy for a fee, monetary or otherwise.
(3) Signatures are required of both the licensee providing the disclosure ((information)) and the client following a statement that the client ((had)) has been provided a copy of the required disclosure information and that the client has read and understands the information provided. The date of signature by each party is to be included at the time of signing.
AMENDATORY SECTION (Amending WSR 13-16-034, filed 7/29/13, effective 8/29/13)
WAC 246-809-730 Retired active credential.
(1) To obtain a retired active license a licensed counselor must comply with chapter 246-12 WAC, Part 5.
(2) A licensed counselor with a retired active license may practice no more than ninety days each year in Washington, or practice only in emergency circumstances such as earthquakes, floods, time of declared war or other states of emergency; and
(3) A licensed counselor with a retired active license must renew yearly on their birthday, and must report ((thirty-six)) eighteen hours of continuing education including six hours in professional ethics and law as required under WAC 246-809-630 every two years.