COUNSELING CLIENTS

(Reprinted from State of Washington State Dept. of Health with references to hypnotherapy excluded, and with additional material added)

Requirement for Registration or Licensure

Your counselor must be either registered or licensed through the Washington State Department of Health unless otherwise exempt. To be registered, a person fills out an application and pays a fee. To become licensed, a person fills out an application form and pays a fee, but he or she must also show proof of appropriate education and training. There are some people who do not need to be either registered or licensed because they are exempt from the law. You should ask your counselor if he or she is registered or licensed and discuss his or her qualifications to be your counselor. Counselors practicing counseling for a fee must be registered or licensed with the Department of Licensing for the protection of the public health and safety. Registration of an individual with the department does not include a recognition of any practice standards, nor necessarily implies the effectiveness of any treatment. The purpose of the law regulating counselors (Counselor Credentialing Act) is: (A) To provide protection for public health and safety; and (B) to empower the citizens of the state of Washington by providing a complaint process against those counselors who would commit acts of unprofessional conduct.

Definitions

Counseling means using therapeutic techniques to help another person deal with mental, emotional and behavioral problems or to develop human awareness and potential. A registered or licensed counselor is a person who gets paid for providing counseling services.

Client and Counselor Responsibilities and Rights

You and your counselor should discuss the type of counseling you will get; the methods or techniques that might be used; the therapist’s education, training and experience; and the cost of counseling sessions. You have the right to choose counselors who best suit your needs and purposes. The counselor must give you written information that explains these topics, let you read the information, and have you sign a statement that you’ve read the information.

If you have concerns about being dependent upon your counselor, talk to him or her about it. Remember, you are going to that person to seek assistance that helps you learn how to control your own life. You can and should ask questions if you don’t fully understand what your counselor is doing or plans to do.

Confidentiality

Your counselor cannot disclose any information you’ve told them during a counseling session unless:

• You give written consent;
• The information concerns certain crimes or harmful acts;
• The client is a minor and the information acquired by the counselor indicates the minor was the victim or subject of a crime, then the counselor may testify at any proceeding wherein the commission of the crime is the subject of inquiry;
• You bring charges against the person registered or licensed under the law;
• The counselor receives a subpoena to provide the information;
• The counselor has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect. Therapists are required to report such incidents to authorities.

Assurance of Professional Conduct

Thousands of people in the counseling professions practice their skills with competence and treat their clients in a professional manner. If you and the counselor agree to the course of treatment and the counselor deviates from the agreed treatment, you have the right to question the change and to end the counseling if that seems appropriate to you.

We want you to know that there are acts that would be considered unprofessional conduct. If any of the following situations occur during your course of treatment, you are encouraged to contact the Department of Health at the address or phone number in this publication to find out how to file a complaint against the offending counselor. The following situations are not identified to alarm you, but are identified so you can be an informed consumer of counseling services. The conduct, acts or conditions listed below give you a general idea of the kinds of behavior that could be considered a violation of law.

• Abuse of a client or sexual contact with a client.
• Incompetence, negligence or malpractice that harms a client or creates an unreasonable risk of harm to a client.
• Willful betrayal of a practitioner – client privilege as recognized by law.
• The commission of any act involving moral turpitude, dishonesty or corruption relating to the practice of counseling. The act does not have to be a crime in order to be a violation of the law regulating counselors.
• Practicing counseling while suffering from a contagious or infectious disease in a way that would pose a serious risk to public health.
• Aiding a client to obtain an abortion through illegal means.
• Possession, use or distribution of drugs except for a legitimate purpose, addiction to drugs or violation of any drug law.
• Habitual use or impairment from the use of alcohol.
• Misrepresentation or fraud in any aspect of the conduct of the profession.
• Advertising that is false, fraudulent or misleading.
• Offering to treat clients by a secret method, procedure or treatment.
• Promotion for personal gain of any drug, device, treatment, procedure or service that is unnecessary or has no acceptable benefit to the client.
• Conviction of any gross misdemeanor or felony relating to the practice of counseling.
• Violation of a state or federal statute or rule that regulates counselors, including rules defining standards of practice for licensed counselors.
• Suspension, revocation or restriction on the registration or licensure to practice the profession.
• Aiding an unregistered or unlicensed person to practice counseling when that person is required to be registered or licensed.
• Violation of the rebating laws which includes payment for referral of clients.
• Interference with an investigation by use of threats or harassment against a client or witness to prevent them from providing evidence in a disciplinary proceeding or other legal action.

This publication should not be considered as the final source of information.
If you want more information about the law regulating counselors or want to file a complaint, please write to:

Department of Health

Health Professions Quality Assurance Division

Counselor Registration/Licensure

PO Box 47869

Olympia, WA 98504-7869

If you want to contact someone by phone to discuss the law or talk about a possible complaint, call (360) 753-1761 Monday through Friday, 8:00 a.m. to 5:00 p.m.

Additional copies of this publication may be obtained by letter or phone.

(PUB 670-001 [8/93])