Washington
State Residents
Hypnotherapy in Washington State is rigidly controlled by the Department
of Health. Our Registration Number is: #020702HP10001071.
Counselors
must provide disclosure information to each client in accordance with
chapter 18.19 RCW prior to implementation of a treatment plan. The
disclosure information must be specific to the type of counseling
service offered, in language that can be easily understood by the
client, and contain sufficient detail to enable the client to make
an informed decision whether or not to accept treatment from the disclosing
counselor. If you have concerns about being dependent upon your counselor
or hypnotherapist, talk to him or her about it. Remember, you are
going to that person to seek assistance that helps you learn bow to
control your own life. You can and should ask questions if you don't
fully understand what your counselor or hypnotherapist is doing or
plans to do.
Requirement
for Registration or Certification
Your
counselor or hypnotherapist must be either registered or certified
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 certified, a person fill 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 certified because they are exempt from the law.
You should ask your counselor or hypnotherapist if he or she is registered
or certified and discuss his or her Qualifications to be your counselor
or hypnotherapist.
Definitions
Counseling.
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 certified counselor
is a person who gets paid for providing counseling services.
Confidentiality.
Your counselor or hypnotherapist cannot disclose any information
you've told them during a counseling session except as authorized
by RCW 18.19.180:
(1)
With the written consent of that person or, in the case of death or
disability, the person's personal representative, other person authorized
to sue, or the beneficiary of an insurance policy on the person's
fife, health, or physical condition;
(2)
That a person registered or certified under this chapter is not required
to treat as confidential a communication that reveals the contemplation
or commission of a crime or harmful act;
(3)
If the person is a minor, and the information acquired by the person
registered or certified under this chapter indicates that the minor
was the victim or subject of a crime, the person registered or certified
may testify upon any examination, trial, or other proceeding in which
the commission of the crime is the subject of the inquiry;
(4) If the person waives the privilege by bringing charges against
the person registered or certified under M chapter;
(5) In response to a subpoena from a court of law or the secretary.
The secretary may subpoena only records related to a complaint or
report under chapter 18.130 RCW; or
(6) As required under chapter 26.44 RCW.
Assurance
of Professional Conduct. Thousands of people in the counseling
or hypnotherapy 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 or hypnotherapist. The following situations
are not identified to alarm you, but are identified so you can be
an informed consumer of counseling or hypnotherapy 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 as defined
in RCW 18.130.180.
(1)
The commission of any act involving moral turpitude, dishonesty, or
corruption relating to the practice of the person's profession, whether
the act constitutes a crime or not. If the act constitutes a crime,
conviction in a criminal proceeding is not a condition precedent to
disciplinary action. Upon such a conviction, however, the judgment
and sentence is conclusive evidence at the ensuing disciplinary hearing
of the guilt of the license holder or applicant of the crime described
in the indictment or information, and of the person's violation of
the statute on which it is based. For the purposes of this section,
conviction includes all instances in which a plea of guilty or nolo
contendere is the basis for the conviction and all proceedings in
which the sentence has been deferred or suspended. Nothing in this
section abrogates rights guaranteed under chapter 9.96A RCW.
(2) Misrepresentation or concealment of a material fact in obtaining
a license or in reinstatement thereof.
(3) Advertising which is false, fraudulent, or misleading.
(4) Incompetence, negligence, or malpractice which results in injury
to a patient or which creates an unreasonable risk that a patient
may be harmed. The use of a nontraditional treatment by itself shall
not constitute unprofessional conduct, provided that it does not result
in injury to a patient or create an unreasonable risk that a patient
may be harmed.
(5) Suspension, relocation, or restriction of the individual's license
to practice any health care profession by competent authority in any
state, federal, or foreign jurisdiction, a certified copy of the order,
stipulation, or agreement being conclusive evidence of the revocation,
suspension, or restriction.
(6) The possession, use, prescription for use, or distribution of
controlled substances or legend drugs in any way other than for legitimate
or therapeutic purposes, diversion of controlled substances or legend
drugs, the violation of any drug law, or prescribing controlled substances
for oneself.
(7) Violation of any state or federal statute or administrative rule
regulating the profession in question, including any statute or rule
defining or establishing standards of patient care or professional
conduct or practice.
(8) Failure to cooperate with the disciplining authority by:
(a) Not furnishing any papers or documents;
(b) Not furnishing in writing a full and complete explanation covering
the matter contained in the complaint filed with the disciplining
authority;
(c) Not responding to subpoenas issued by the disciplining authority,
whether or not the recipient of the subpoena is the accused in the
proceedings; or
(d) Not providing reasonable and timely access for authorized representatives
of the disciplining authority seeking to perform practice reviews
at facilities utilized by the license holder.
(9) Failure to comply with an order issued by the disciplining authority
or a stipulation for informal disposition entered into with the disciplining
authority.
(I0) Aiding or abetting an unlicensed person to practice when a license
is required.
(11) Violations of rules established by any health agency.
(I2) Practice beyond the scope of practice as defined by law or rule.
(I3) Misrepresentation or fraud in any aspect of the conduct of the
business or profession.
(14) Failure to adequately supervise any staff to the extent that
the consumer's health or safety is at risk.
(15) Engaging in a profession involving contact with the public while
suffering from a contagious or infectious disease involving serious
risk to public health.
(16) Promotion for personal gain of any unnecessary or inefficacious
drug, device, treatment procedure, or service.
(I7)
Conviction of any gross misdemeanor or felony relating to the practice
of the person's profession. For the purposes of this subsection, conviction
includes all instances in which a plea of guilty or nolo contenders
is the basis for conviction and all proceedings in which the sentence
has been deferred or suspended. Nothing in this section abrogates
rights guaranteed under chapter 9.96A RCW.
(18) The procuring, or aiding or abetting in procuring, a criminal
abortion.
(19) The offering, undertaking, or agreeing to cure or treat disease
by a secret method, procedure, treatment, or medicine, or the treating,
operating, or prescribing for any health condition by a method, means
or procedure which the licensee refuses to divulge upon demand of
the disciplining authority.
(20) The willful betrayal of a practitioner-patient privilege as recognized
by law.
(21) Violation of chapter 19.68 RCW.
(22) Interference with an investigation or disciplinary proceeding
by willful misrepresentation of facts before the disciplining authority
or its authorized representative, or by the use of threats or harassment
against any patient or witness to prevent them from providing evidence
in a disciplinary proceeding or any other legal action, or by the
use of financial inducements to any patient or witness to prevent
or attempt to prevent him or her from providing evidence in a disciplinary
proceeding.
(23)
Current misuse of:
(a)
Alcohol;
(b) Controlled substances; or
(c) Legend drugs.
(24) Abuse of a client or patient or sexual contact with a client
or patient.
(25) Acceptance of more than a nominal gratuity, hospitality, or subsidy
offered by a representative or vendor of medical or health-related
products or services intended for patients, in contemplation of a
sale or for use In research publishable in professional journals,
where a conflict of interest is presented, as defined by rules of
the disciplining authority, in consultation with the department based
on recognized professional ethical standards.
This
publication should not be considered as the final source of information.
If you want more information about the law regulating counselors and
hypnotherapists or want to file a complaint, please write to:
Department
of Health, Health Professions Quality Assurance Division; PO Box 47869,
Olympia, Washington 98504-7869.
If you want to contact someone by phone to discuss the law or talk
about a possible complaint, call (360) 236-4902 Monday through Friday,
8:00 a.m. to 5:00 p.m.
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