CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2247 Chapter 371, Laws of 2024 68th Legislature 2024 Regular Session BEHAVIORAL HEALTH PROVIDERS—VARIOUS PROVISIONS EFFECTIVE DATE: June 6, 2024—Except for section 1, which takes effect January 1, 2028; sections 2 through 12, 14, and 16, which take effect October 1, 2025; and section 18, which is contingent. Passed by the House March 5, 2024 CERTIFICATE Yeas 93 Nays 0 I, Bernard Dean, Chief Clerk of the House of Representatives of the LAURIE JINKINS State of Washington, do hereby Speaker of the House of certify that the attached is Representatives ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2247 as passed by the House of Representatives and the Senate on the dates hereon set forth. Passed by the Senate February 29, 2024 Yeas 49 Nays 0 BERNARD DEAN Chief Clerk DENNY HECK President of the Senate Approved March 29, 2024 11:11 AM FILED April 1, 2024 Secretary of State JAY INSLEE State of Washington Governor of the State of Washington ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2247 AS AMENDED BY THE SENATE Passed Legislature - 2024 Regular Session State of Washington 68th Legislature 2024 Regular Session By House Appropriations (originally sponsored by Representatives Bateman, Bronoske, Simmons, Duerr, Callan, Reed, Macri, Doglio, Leavitt, and Davis) READ FIRST TIME 02/05/24. 1 AN ACT Relating to addressing behavioral health provider 2 shortages; amending RCW 18.19.020, 18.83.020, 18.83.050, 18.83.080, 3 18.83.105, 18.83.110, 18.83.115, 18.83.135, 18.83.170, 18.83.180, 4 18.83.190, 18.83.210, 18.225.145, and 18.225.180; reenacting and 5 amending RCW 18.205.095, 18.225.090, 71.05.020, and 71.05.020; 6 creating new sections; providing effective dates; providing a 7 contingent effective date; providing an expiration date; and 8 providing a contingent expiration date. 9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 10 Sec. 1. RCW 18.19.020 and 2023 c 425 s 13 are each amended to 11 read as follows: 12 The definitions in this section apply throughout this chapter 13 unless the context clearly requires otherwise. 14 (1) "Agency" means (a) an agency or facility operated, licensed, 15 or certified by the state of Washington; (b) a federally recognized 16 Indian tribe located within the state; ((or)) (c) a county; or (d) a 17 federally qualified health center. 18 (2) "Agency affiliated counselor" means a person registered, 19 certified, or licensed under this chapter who is employed by an 20 agency or is a student intern, as defined by the department. p. 1 E2SHB 2247.SL 1 (3) "Certified adviser" means a person certified under this 2 chapter who is engaged in private practice counseling to the extent 3 authorized in RCW 18.19.200. 4 (4) "Certified agency affiliated counselor" means a person 5 certified under this chapter who is engaging in counseling to the 6 extent authorized in RCW 18.19.215. 7 (5) "Certified counselor" means a person certified under this 8 chapter who is engaged in private practice counseling to the extent 9 authorized in RCW 18.19.200. 10 (6) "Client" means an individual who receives or participates in 11 counseling or group counseling. 12 (7) "Counseling" means employing any therapeutic techniques, 13 including but not limited to social work, mental health counseling, 14 marriage and family therapy, and hypnotherapy, for a fee that offer, 15 assist or attempt to assist an individual or individuals in the 16 amelioration or adjustment of mental, emotional, or behavioral 17 problems, and includes therapeutic techniques to achieve sensitivity 18 and awareness of self and others and the development of human 19 potential. For the purposes of this chapter, nothing may be construed 20 to imply that the practice of hypnotherapy is necessarily limited to 21 counseling. 22 (8) "Counselor" means an individual, practitioner, therapist, or 23 analyst who engages in the practice of counseling to the public for a 24 fee, including for the purposes of this chapter, hypnotherapists. 25 (9) "Department" means the department of health. 26 (10) "Hypnotherapist" means a person registered under this 27 chapter who is practicing hypnosis as a modality. 28 (11) "Licensed agency affiliated counselor" means a person 29 licensed under this chapter who is engaged in counseling to the 30 extent authorized in RCW 18.19.215. 31 (12) "Mental health professional" has the same definition as 32 under RCW 71.05.020. 33 (13) "Private practice counseling" means the practice of 34 counseling by a certified counselor or certified adviser as specified 35 in RCW 18.19.200. 36 (14) "Psychotherapy" means the practice of counseling using 37 diagnosis of mental disorders according to the fourth edition of the 38 diagnostic and statistical manual of mental disorders, published in 39 1994, and the development of treatment plans for counseling based on p. 2 E2SHB 2247.SL 1 diagnosis of mental disorders in accordance with established practice 2 standards. 3 (15) "Registered agency affiliated counselor" means a person 4 registered under this chapter who is engaged in counseling to the 5 extent authorized in RCW 18.19.215. This includes juvenile probation 6 counselors who are employees of the juvenile court under RCW 7 13.04.035 and 13.04.040 and juvenile court employees providing 8 functional family therapy, aggression replacement training, or other 9 evidence-based programs approved by the department of children, 10 youth, and families. A student intern as defined by the department 11 may be a registered agency affiliated counselor. 12 (16) "Secretary" means the secretary of the department or the 13 secretary's designee. 14 Sec. 2. RCW 18.83.020 and 1986 c 27 s 1 are each amended to read 15 as follows: 16 (1) To safeguard the people of the state of Washington from the 17 dangers of unqualified and improper practice of psychology, it is 18 unlawful for any person to whom this chapter applies to represent 19 himself or herself to be a psychologist or a licensed psychological 20 associate without first obtaining a license as provided in this 21 chapter. 22 (2) A person represents himself or herself to be a psychologist 23 or a licensed psychological associate when the person adopts or uses 24 any title or any description of services which incorporates one or 25 more of the following terms: "psychology," "psychological," 26 "psychologist," or any term of like import. 27 (3) A licensed psychological associate shall provide each client 28 or patient, during the first professional contact, with a disclosure 29 form disclosing that the licensed psychological associate is an 30 associate under the supervision of an approved supervisor. 31 Sec. 3. RCW 18.83.050 and 2004 c 262 s 8 are each amended to 32 read as follows: 33 (1) The board shall adopt such rules as it deems necessary to 34 carry out its functions. 35 (2) The board shall examine the qualifications of applicants for 36 licensing under this chapter, to determine which applicants are 37 eligible for licensing under this chapter and shall forward to the 38 secretary the names of applicants so eligible. p. 3 E2SHB 2247.SL 1 (3) The board shall administer examinations to qualified 2 applicants on at least an annual basis. The board shall determine the 3 subject matter and scope of the examination, except as provided in 4 RCW 18.83.170. The board may allow applicants to take the examination 5 upon the granting of their doctoral degree before completion of their 6 internship for supervised experience. 7 (4) The board shall keep a complete record of its own 8 proceedings, of the questions given in examinations, of the names and 9 qualifications of all applicants, and the names and addresses of all 10 licensed psychologists and licensed psychological associates. The 11 examination paper of such applicant shall be kept on file for a 12 period of at least one year after examination. 13 (5) The board shall, by rule, adopt a code of ethics for 14 psychologists and licensed psychological associates which is designed 15 to protect the public interest. 16 (6) The board may require that persons licensed under this 17 chapter as psychologists or licensed psychological associates obtain 18 and maintain professional liability insurance in amounts determined 19 by the board to be practicable and reasonably available. 20 Sec. 4. RCW 18.83.080 and 1996 c 191 s 66 are each amended to 21 read as follows: 22 The board shall forward to the secretary the name of each 23 applicant entitled to a license under this chapter. The secretary 24 shall promptly issue to such applicant a license authorizing such 25 applicant to use the title "psychologist"((.)) or "licensed 26 psychological associate." Each licensed psychologist or licensed 27 psychological associate shall keep his or her license displayed in a 28 conspicuous place in his or her principal place of business. 29 Sec. 5. RCW 18.83.105 and 1996 c 191 s 69 are each amended to 30 read as follows: 31 (1) The board ((may issue certificates of qualification with 32 appropriate title to applicants who meet all the licensing 33 requirements except the possession of the degree of Doctor of 34 Philosophy or its equivalent in psychology from an accredited 35 educational institution. These certificates of qualification certify 36 that the holder has been examined by the board and is deemed 37 competent to perform certain functions within the practice of 38 psychology under the periodic direct supervision of a psychologist p. 4 E2SHB 2247.SL 1 licensed by the board. Such functions will be specified on the 2 certificate issued by the board. Such applicant shall comply with 3 administrative procedures, administrative requirements, and fees 4 determined under RCW 43.70.250 and 43.70.280. Upon petition by a 5 holder the board of examiners may grant authority to function without 6 immediate supervision.)) shall issue a licensed psychological 7 associate license to an applicant who: 8 (a) Is: 9 (i) Currently enrolled in a doctor of philosophy, doctor of 10 psychology program, or its equivalent in psychology at an accredited 11 educational institution; or 12 (ii) Participating in a postdoctoral residency, postdoctoral 13 fellowship, or another supervised postdoctoral experience; 14 (b) Has been deemed competent by the director of clinical 15 training or postdoctoral supervisor to practice psychology under the 16 supervision of a licensed supervisor subject to rules adopted by the 17 board; and 18 (c) Has complied with administrative procedures, administrative 19 requirements, and fees determined under RCW 43.70.250 and 43.70.280. 20 (2)(a) A holder of a licensed psychological associate license may 21 only practice under the supervision of a licensed supervisor pursuant 22 to rules adopted by the board. 23 (b) An applicant for a licensed psychological associate license 24 under this section may practice without a license under the direct 25 supervision of a licensed supervisor for 120 days after the 26 department receives the applicant's completed application or the 27 applicant's license is issued or denied, whichever is sooner. 28 Sec. 6. RCW 18.83.110 and 2020 c 302 s 116 are each amended to 29 read as follows: 30 Confidential communications between a client and a psychologist 31 or licensed psychological associate shall be privileged against 32 compulsory disclosure to the same extent and subject to the same 33 conditions as confidential communications between attorney and 34 client, but this exception is subject to the limitations under RCW 35 71.05.217 (6) and (7). 36 Sec. 7. RCW 18.83.115 and 1986 c 27 s 9 are each amended to read 37 as follows: p. 5 E2SHB 2247.SL 1 (1) Psychologists and licensed psychological associates licensed 2 under this chapter shall provide clients at the commencement of any 3 program of treatment with accurate disclosure information concerning 4 their practice, in accordance with guidelines developed by the board, 5 which will inform clients of the purposes of and resources available 6 under this chapter, including the right of clients to refuse 7 treatment, the responsibility of clients for choosing the provider 8 and treatment modality which best suits their needs, and the extent 9 of confidentiality provided by this chapter. The disclosure 10 information provided by the psychologist or licensed psychological 11 associate, the receipt of which shall be acknowledged in writing by 12 the psychologist or licensed psychological associate and client, 13 shall include any relevant education and training, the therapeutic 14 orientation of the practice, the proposed course of treatment where 15 known, any financial requirements, and such other information as the 16 board may require by rule. 17 (2) In inpatient settings, the health facility shall provide 18 clients with the disclosure statement at the commencement of any 19 program of treatment, and shall post the statement in a conspicuous 20 location accessible to the client. 21 (3) The board shall provide for modification of the guidelines as 22 appropriate in cases where the client has been referred by the court, 23 a state agency, or other governmental body to a particular provider 24 for specified evaluation or treatment. 25 Sec. 8. RCW 18.83.135 and 2000 c 93 s 7 are each amended to read 26 as follows: 27 In addition to the authority prescribed under RCW 18.130.050, the 28 board shall have the following authority: 29 (1) To maintain records of all activities, and to publish and 30 distribute to all psychologists and licensed psychological associates 31 at least once each year abstracts of significant activities of the 32 board; 33 (2) To obtain the written consent of the complaining client or 34 patient or their legal representative, or of any person who may be 35 affected by the complaint, in order to obtain information which 36 otherwise might be confidential or privileged; and 37 (3) To apply the provisions of the uniform disciplinary act, 38 chapter 18.130 RCW, to all persons licensed as psychologists or 39 licensed psychological associates under this chapter. p. 6 E2SHB 2247.SL 1 Sec. 9. RCW 18.83.170 and 2023 c 425 s 1 are each amended to 2 read as follows: 3 (1)(a) Upon compliance with administrative procedures, 4 administrative requirements, and fees determined under RCW 43.70.250 5 and 43.70.280, the board may grant a license, without oral 6 examination, to any applicant who has not previously failed any 7 examination held by the board of psychology of the state of 8 Washington and furnishes evidence satisfactory to the board that the 9 applicant: 10 (((a))) (i) Holds a doctoral degree with primary emphasis on 11 psychology from an accredited college or university; and 12 (((b)(i))) (ii)(A) Is licensed or certified to practice 13 psychology in another state or country in which the requirements for 14 such licensing or certification are, in the judgment of the board, 15 essentially equivalent to those required by this chapter and the 16 rules and regulations of the board. Such individuals must have been 17 licensed or certified in another state for a period of at least two 18 years; or 19 (((ii))) (B) Is a diplomate in good standing of the American 20 Board of Examiners in Professional Psychology; or 21 (((iii))) (C) Is a member of a professional organization and 22 holds a certificate deemed by the board to meet standards equivalent 23 to this chapter. 24 (b) The board may adopt rules waiving any of the requirements of 25 this subsection (1) for an applicant who has continuously held a 26 license to practice psychology in good standing in another state, 27 territory, or country for a period of time that, in the judgment of 28 the board, renders the waived requirements duplicative or 29 unnecessary. 30 (2)(a)(i) The department shall establish a reciprocity program 31 for applicants for licensure as a psychologist in Washington. 32 (ii) The reciprocity program applies to applicants for a license 33 as a psychologist who: 34 (A) Hold or have held within the past twelve months a credential 35 in good standing from another state or territory of the United States 36 which has a scope of practice that is substantially equivalent to or