Miriam Dyak

Counselor, Teacher, Helping people live beautifully in a difficult world
Seattle, Washington

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Are You A Registered Counselor In Private Practice? How Will New Counselor Regulations Affect You?

The 2008 Washington State legislature eliminated the registered counselor (RC) credential. If you’re an RC in private practice, you may wonder will you be able to continue your work? Will your clients still have the right to choose your services?

Written Jul 09, 2008, read 6517 times since then.

This year the Washington State legislature passed a bill eliminating the registered counselor (RC) credential and establishing several new credentials in its place. When the new credentials go into effect in 2010, RCs will have to fulfill new requirements, including consultation or supervision, and work with a clearly limited scope of practice. If you are an RC in private practice, you may be wondering how the new law will affect you. Will you be able to continue your work? Will your clients still have the right to choose your services?

If you are not an RC but are interested in the controversy over the regulation of counselors, you may wonder what was wrong with the old law? Why did we have both registered and licensed counselors? Why is this issue important to the community at large?

As president of Washington Professional Counselors Association (WaProCA), an organization representing private practice RCs, and as a member of the Department of Health Registered Counselor Work Group, I have been at the epicenter of the effort in our state to reform counselor regulation. I have a different perspective from other Biznik articles on this topic and offer (1) information on how the new law affects RCs, (2) how you can influence the development of rules for the new counselor credentials, and (3) why this issue is important for our community.

When will the new law go into effect? The RC credential is abolished July 1, 2010 and all registered counselors must obtain another health profession credential by that date. Application for new credentials may be made beginning July 1, 2009.

If I am currently registered in WA as a counselor, will I be grandparented into one of the new credentials? If you have 5+ years registration and no unresolved actionable complaints, you will have to take a course in ethics, risk assessment and referral, and WA law regarding counselors and pass a test in these subjects. You will be able to continue counseling under the new limited scope of practice and a consultation agreement with a licensed mental health professional.

What if I was registered as a counselor for more than 5 years and then let my registration lapse? If you renew your registration before the 7/1/09 cut-off date, there is a chance that you may still qualify for the above 5+ year category. It’s well worth the investment because the requirements for starting over are more stringent and expensive.

What about RC’s with less than 5 years experience? Newly trained counselors and/or RCs with less than 5 years experience will be required to have a bachelors degree in counseling or a related field and a supervision agreement with a state-qualified supervisor in order to become a certified counselor. The more limited certified adviser credential requires an AA degree and supervision.

Can I take the test now to become certified? No because the Department of Health (DOH) won’t know what to include in the course or test until after the rules are adopted for implementing the new law.

I have been a registered counselor for a number of years, have a great deal of training in my field and a very positive relationship with my clients, and yet I still read disparaging remarks about how meaningless this credential is. There was a great uproar in the press and in Olympia about the assumption that people were counseling without any training because there are no educational requirements for registration. Until 2007 even the DOH had very little data on RCs. When legislation based on these assumptions failed to pass in 2007, the DOH hired Gilmore Research Group to conduct a statistically valid survey of RCs and evaluate what skills and training they actually have (vs. what they are required to have).

The Gilmore findings show that 46% of registered counselors have a Masters degree, 4% have Doctoral degrees, and 22% have a Bachelors degree in counseling or a closely related field. 66% have had supervised internships and over half are working with other professionals who oversee their counseling – all this without any requirement to do so!

Why originally were there no educational standards set for RCs? (1) Back in 1987 when the RC credential was established, registration was instituted specifically for the protection of clients so that they would have recourse through the DOH in the event their counselor behaved unethically or abusively. Otherwise, as with coaches and other professionals who operate under a business license and are not subject to professional disciplinary action by the DOH, clients would not have any recourse other than a civil suit regarding bad business practices.

(2) The RC credential has included counselors who specialize in many diverse forms of counseling and personal growth not taught in universities and/or not licensed in Washington State. There are RCs who are Jungian analysts, psychoanalysts, and those who have advanced degrees in Human Development, Transpersonal Psychology, Body Centered Psychotherapy. Other RCs specialize in Somatic Experiencing, Hakomi, Voice Dialogue, Bio Energetics, to name just a few modalities not taught in degree programs. There are also RCs who do a great job helping their clients with smoking cessation, diet and exercise programs, stress management, etc. and do not need an advanced degree in treating mental illness in order to qualify for the work they do.

So, how will the new educational requirements be made appropriate for such a diverse group of counselors? RCs may vary greatly in the modalities they use to work with their clients, but all counselors must treat their clients ethically and be able to assess accurately when a client is a danger to themselves or others and/or needs licensed mental health care for problems beyond the counselor’s scope of practice.

How will the new standards benefit RCs? (1) With the new credentials counselors will finally have a way to demonstrate their training to the public. (2) Requirements for consultation and supervision and training in ethics and appropriate referral foster cooperation and heightened accountability at all levels of the counseling professions. (3) The new law will help to eliminate all likelihood that a completely unqualified person could set up business as a counselor.

How will the new standards benefit the public? The public wins with this new law because (1) clients will still have protection through the DOH, (2) there will still be availability of a broad range of services including alternatives to the medical model big pharma approach to dealing with life’s daily challenges and stress, (3) there will be standardization in counselor training in the essential areas of ethics, risk assessment, and referral, and (4) by limiting the scope of practice, we can be sure that counselors will not be diagnosing and treating mental illness unless licensed to do so.

Why do we need both certified and licensed counselors? In a word, choice. (1) A great deal of the brilliance, creativity, and innovation in counseling has traditionally come from sources outside of academia, and typically only years later do these forms of counseling become integrated into academic programs. (2) A troubling national trend is the movement toward pathologizing and increasingly medicating life’s ordinary stresses. We need the expertise of licensed mental health professionals to diagnose and treat the mentally ill, and we also need to preserve access to counseling that is not based on a medical model of disease and treatment and is instead rooted in presence, connection, and honoring each person’s innate wisdom.

I hear that passing a new law is only part of the process. How can I have a say in how the rules are developed to implement the new law? When a new law is passed, the next step in the process is the development of rules to implement the law through the Washington Administrative Code (WACs). The DOH will hold hearings and provide opportunities for public comment so that all the stakeholders can have a say in these rules.

Here are some ways that you can participate:

Go to the DOH website and sign up for the RC listserv at listserv.wa.gov/cgi-bin/wa?A0=REGISTERED-COUNSELORS, and you will receive notification of hearings and public comment periods.
Read the new law so you can better understand its implications and how it may affect you. Go to apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/House%20Passed%20Legislature/2674-S2.PL.pdf.
Participate in the rule-making process – show up for hearings, file your comments, make your voice heard.
Get to know your fellow professionals. RCs came very close to losing our right to practice because we had no organization. Nobody knew who we were, and we didn’t know each other. Washington Professional Counselors Association changed that. We have spent two years (and thousands of unpaid hours) actively working in Olympia, building relationships with lawmakers and creating respect and recognition for private practice RCs. We have a listserv where RCs can keep up to date with each other and with the legal process. We have regular meetings in Seattle, and you are welcome to attend. You can become a member, join the listserv, or get more information at www.waproca.org.

Miriam Dyak has more than 25 years experience as a counselor, Voice Dialogue facilitator and teacher, is a co-founder of The Voice Dialogue Institute in Seattle, and has published four books and a set guided exercises on audio CD.

Helping people live beautifully in a difficult world

Learn more about the author, Miriam Dyak.

Posted by Laurel Vogel, Langley, Washington | Jul 14, 2008

Great post, and timely. Thanks! My concern, as an RC (with a Master's degree), is about finding available coursework to fulfill the requirements in a timely manner. I am taking CEs in assessement, risk management and ethics right now, but will this count? Also, I take other CEs, just for the info. I had supervision in Seattle, but am moving to a different area (north) and am having trouble finding a licensed supervisor--won't this create a shortage in their availability? Does the state have a plan to meet the needs of the flood of RCs looking for supervision and coursework to meet the new credential requirements? Again, thanks for this great post--I'm headed to your website now!
Posted by Miriam Dyak, Seattle, Washington | Jul 14, 2008

Hi Laurel - If you've been an RC for 5 or more years, you will not need supervision once you become certified. The requirement is for a a written consultation agreement. We won't know what the required course will be until after the rules are written - we're hoping it will be an online course to make it widely available. I doubt any classes you take now will count toward that, though it may be possible to take the test without having taken the course. Again, we just won't know till the rules are written.

Helping people live beautifully in a difficult world
Posted by Kate Stewart, Seattle, Washington | Jul 15, 2008

Thanks for the article, Miriam. I recently started my private practice and was concerned about the new laws about credentialing, but you have made it all very clear! Thanks for the peace of mind.

-Kate Stewart, MA
katelstewart.com
Posted by Rachel Whalley, MA, MFA, LMHCA, Seattle, Washington | Jul 16, 2008

Thanks so much for bringing a much-needed Registered Counselor perspective to this forum, Miriam.

I love the FAQ format of your article. So easy to read and get the pertinent info!
Posted by Hilarie Cash, Redmond, Washington | Jul 17, 2008

Thanks for this excellent article, Miriam. I was concerned that the RC's that I know and work with might not be able to continue practicing, so I was relieved to get your clarification and update.
Posted by Kathy Baxter, Seattle, Washington | Jul 18, 2008

Great info, Miriam.

Question: I have a BA degree and will have 4.5 years as an RC by next July. Will I need to be under the higher level of supervision (rather than consultation) forever, or do you eventually work out of that over time? Where can I learn more about what "supervision" consists of?
Posted by Miriam Dyak, Seattle, Washington | Jul 18, 2008

Great question, Kathy.

These are the kinds of things that will get worked out in the rule making process. I'll be involved in that process and will be taking your and other questions with me. I'll get to see the first draft of what the DOH has come up with in about a week or so.

We all hope for rules that are effective but not overly restrictive. RCs need to be aware that the same people who pushed the legislature hard to get rid of us completely will now be pushing to make the rules so difficult that we will be squeezed out that way. This is why it's so important for RCs to speak up and become involved.

Helping people live beautifully in a difficult world
Posted by shannon armitage, Seattle., Washington | Jul 18, 2008

Thanks for helping clarify this confusing issue, Miriam. It is much on therapists' minds. I just attended a WAMFT networking event where this very topic was at the fore of the conversation. I, as of this month, am a newly licensed MFT, so I won't have to track what's happening with this very confusing legal process anymore!
Posted by Jeremy Moss, MA, Seattle, Washington | Jul 18, 2008

Miriam,

Thank you so much for posting this information. I have known about this change for some time and appreciate your concise exposition of the facts.

-Jeremy
Posted by Cynthia Shifrin, Mercer Island, Washington | Oct 04, 2008

Hello Miriam. What an excellent article providing much needed clarity into the confusion that is buzzing around this situation. I did not work for ten years after receiving my doctorate, choosing to be a stay-at-home mom. Eight years ago, a year after my divorce, becoming a R.C. enabled me to open my private practice.

I need to stay on top of what to do in order to protect what we R.C.s have. Thank you for all your commitment to helping us stay informed and keep what we have and value. All your valuable time, effort, and energy is greatly appreciated.
Posted by David Hill, CHt, Battle Ground, Washington | Oct 10, 2008

Hello Miriam, Thanks for the information. Can you tell me about, or direct me to, information regarding the new Hypnotherapist laws? Will the "hypnotherapist" designation be rolled into the counselor laws? Or will it be treated separately? I have Googled for this info, but as yet can't find anything related.

Does your Washington Professional Counselors Association include hypnotherapists, or is there a comparable organization for us? I realize that there are appproximately 17,000 RC's and only about 400 hypnotherapists registered in Washington, but we need love too. Thanks.
Posted by Miriam Dyak, Seattle, Washington | Oct 11, 2008

Hi David,

There is a Washington Hypnotist Guild, and Biznik member, Lauren Archer, would be a great contact for that. Washington Professional Counselors Association also welcomes hypnotherapists. We have a meeting this Sunday on Capitol Hill from 3-5 in the afternoon. You'd be most welcome to attend, don't need to be a member. E-mail me at miriam@waproca.org for directions.

I also recommend that you contact the Department of Health directly regarding details on rules for hypnotherapists. You can find the contact information on their website.

Warmly, Miriam

Helping people live beautifully in a difficult world
Posted by Stefani Quane, Seattle, Washington | Oct 18, 2008

Miriam,

What about those of us who want to get a registered counselor certificate? Is it too late? Is there someway short of getting a masters degree in counseling?

Thanks.

Stefani
Posted by Miriam Dyak, Seattle, Washington | Oct 20, 2008

Stefani,

You're question reminds me just how complex this whole issue is and how difficult it is for people to get the facts when there are so many rumors flying around.

What we succeeded in doing this year is preserving non-licensed counseling. There will be a Certified Counselor credential and a Certified Adviser credential for which the requirements are a bachelor's degree and an AA degree respectively. Neither of these categories require a master's degree.

You can certainly still register as a counselor, however it will not help you become a Certified Counselor. For that you will need to fulfill the requirements for the new credential. These requirements include not only the educational requirement, but also passing a test in ethics, risk assessment and referral and WA law regarding counselors as well as supervision.

The details of all the educational requirements and the supervision requirement are still being worked out in the rule making process. I encourage you and anyone who has a stake in the outcome of this process to attend hearings and post public comments to the rules draft that will come out at the end of this month. Check the Department of Health website to see when that happens. Washington Professional Counselors Association will also post it on our website at (http://www.waproca.org)

Miriam

Helping people live beautifully in a difficult world
Posted by Torrey Lindberg, MA, Redmond, Washington | Oct 21, 2008

Miriam, I'm concerned about Section 13 (2) stating that Associates may not provide therapy for a fee, monetary or otherwise. Is this something that can still be challenged or amended? If not, can an Associate be paid as an employee of an agency while accruing hours toward licensure? Any clarification you could give would be greatly appreciated. Thanks.

Torrey
Posted by Miriam Dyak, Seattle, Washington | Oct 21, 2008

Hi Torrey,

You are not the first person to be concerned about this. If you are a someone who has completed your graduate degree and is going for licensure, then this is a new twist. I think it came about because the professional organizations for LMHCs, LMFTs, Social Workers, etc. just didn't really think it through.

I do believe there is a way around this, though. Once you have a graduate degree in counseling, whether or not you are working toward licensure, you could become a certified counselor until you become licensed. Your scope of practice would be limited, but you could practice and do your supervision hours outside an agency.

I hope this is helpful. And do please contact the professional organization representing your branch of counseling and let them know that you are concerned about this aspect of the bill.

And, BTW, welcome to Biznik! Miriam

Helping people live beautifully in a difficult world
Posted by Rachel Whalley, MA, MFA, LMHCA, Seattle, Washington | Oct 21, 2008

Torrey and Miriam, I took that section to mean that associates must work only under supervision if they are working for a fee. I don't know about the period between those sentences...that could be read a couple ways, I suppose.

I see "associates may not provide independent...counseling" (my emphasis) followed by "associates must work under the supervision, etc." as indicating that we will not be allowed to be associates and getting paid unless we're under supervision.

Other thoughts?
Posted by Miriam Dyak, Seattle, Washington | Oct 21, 2008

Hi Rachel and Torrey,

Thanks for thinking more about this. What this actually means will be determined in the rule-making process, unless the DOH finds themselves hemmed in by the way the law is worded.

I do think this was an oversight on the part of the licensed groups who should have been watching out for their own students rather than spending all their time and energy trying to restrict Certified Counselors as much as possible. I hope that the lack of clarity in the law around this doesn't lead to all graduate program graduates having to do their supervision in agencies whether they want to or not.

Miriam

Helping people live beautifully in a difficult world
Posted by Robert E. Gant, M.A., EMHS, Seattle, Washington | Dec 25, 2008

Hello Miriam,

Thank you as well for the information on this issue. I currently have a Master's degree in Mental Health counseling and I work at a community based agency. I have been with this agency for 10years and during this time I have had the registered couselor credential. I am also receiving supervision in order to get enough hours to sit for the NCC or the LMHC. Im in the process of starting a private practice within the next year. I have applied for LLC status and a busness license. Im wondering will I still be able to bill for private pay with my clients if im only holding a Master's degree amd my supervision that i am receiving at my agency. I realize that I will be able to do so once I get licensed as well as bill insurance, but what about until i get that? Am I making a mistake with trying to get a private practice going without having my license yet? Thank you for your help.

Robert
Posted by Miriam Dyak, Seattle, Washington | Dec 25, 2008

Hi Robert,

Good questions, and fortunately I have some answers. :^)

You are not at all making a mistake in getting your private practice going. Since you have been registered for more than 5 years (and I presume you have no unresolved actionable complaints with DOH), then you will be able to take a class and pass a test to become a Certified Counselor. With this credential you'll be legal to practice, but you will not be able to bill insurance.

If you then go on to qualify for your license as an LMHC, then at that point you can drop the CC credential and continue your practice under your new license. Once you have the license, you will be able to bill insurance.

I hope this answers your questions. Please don't hesitate to write back if you need more clarification.

Miriam

Helping people live beautifully in a difficult world
Posted by Robert E. Gant, M.A., EMHS, Seattle, Washington | Dec 25, 2008

Thank you Miriam, that is very helpful. One other question I have is regarding whether or not I will be able to use the word "Therapy" in the name of my private practice without being licensed. In my application that I sent in for my Limited Liability Company status, the name I chose has the word Therapy in it. Im hoping this isnt a problem, With the Certified Counselor credential, am I still considered a Child & Family therapist, as I am in the community based agency. I read in another post the concern the new law says with not being able to charge a fee for therapy as an associate. Does that also apply to Certified Counselor. I guess my concern is that with the name of my practice having "therapy" in it, will i run into problems until I get licensed. This is so helpful to me, I am just getting started with this process on creating a private practice, so any suggestions to find out more information on the process would be helpful. Again, thank you for your time.

Robert
Posted by Miriam Dyak, Seattle, Washington | Dec 25, 2008

Hi Robert,

This is a more difficult question, and I'm not sure I actually have the right answer for you. I know that you will not be able to use the terms "psychotherapy" or "psychotherapist," and probably you should call yourself a counselor rather than a therapist. I don't think (but don't actually know for sure) that the word "therapy" in your business title will be a problem. You could try asking Bob Nicoloff at the DOH, (Bob.Nicoloff@DOH.WA.GOV) to see if he has an answer on this, though I don't know if he will yet.

As to your other question, my focus has been on registered counselors and the new credential of certified counselor. As I don't have any plans to become licensed, I haven't looked carefully into the requirements for the pre-licensure credentials that were created in the new law. What I can tell you is that there won't be any problem with your becoming a CC and as such you will be able to be in private practice and charge a fee for your work with clients.

One additional note: my impression is that there was so much focus on the part of the licensed counselors on what to do with private practice registered counselors, that they really neglected to clarify some of the requirements for the other new pre-licensure credentials. If I were in one of those new associate categories, I think I would be less than happy with the new law as it applies to these credentials.

Helping people live beautifully in a difficult world
Posted by Jennifer Manlowe, Bainbridge Island, Washington | Jun 13, 2009

Wow, this was so helpful! It's amazing how "hearing" a colleague explain this to me/us makes all the difference in terms of cutting through bureaucratic double-speak to "just the facts, Mam". I love Biznik and am so grateful to you, Miriam.
Posted by Miriam Dyak, Seattle, Washington | Jun 13, 2009

Thanks, Jennifer. It's a very complex issue that is important for the public and for all of us in the counseling field. Thank you for taking the time to read about it and think about it.

Helping people live beautifully in a difficult world