A person licensed under this chapter
must provide clients at the commencement of any program of
treatment with accurate disclosure information concerning the
practice, in accordance with rules adopted by the department,
including the right of clients to refuse treatment, the
responsibility of clients to choose the provider and treatment
modality which best suits their needs, and the extent of
confidentiality provided by this chapter**. The disclosure
information must also include the license holder's
professional education and training, the therapeutic
orientation of the practice, the proposed course of treatment
where known, financial requirements, and such other
information as required by rule. The disclosure must be
acknowledged in writing by the client and license holder.
** See
Exceptions to Confidentiality
WAC 246-809-700
Client Disclosure Information.
Licensees must provide disclosure
information to each client in accordance with chapter 18.225
RCW prior to implementation of a treatment plan. The
disclosure information must be specific to the type of
treatment service offered; in a 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 licensee.
Firms, agencies, or businesses having
more than one licensee involved in a client’s treatment, may
provide disclosure information general to that agency. In
these cases, the licensee would not be required to duplicate
the information disclosed by the agency.
The disclosure information may be
printed in a format of the licensee’s choosing, but must
include all required disclosure information per WAC
246-809-710.
WAC 246-809-710
Required Disclosure Information.
(1) The following information shall
be provided to each client 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) Signatures are required of both
the licensee providing the disclosure information and the
client following a statement that the client has been provided
a copy of the required disclosure information and 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.
WAC 246-809-720
Failure to Provide Client Disclosure Information.
Failure to provide the client
disclosure information required under WAC 246-809-700 and
246-809-710, and required under RCW 18.225.100, constitutes
an act of unprofessional conduct as defined in RCW
18.130.180(7).
Masters-Level Licensed Counselors
- Exceptions to Confidentiality
RCW 18.225.105
A person licensed under this
chapter shall not disclose the written acknowledgment of the
disclosure statement pursuant to RCW 18.225.100, nor any
information acquired from persons consulting the individual
in a professional capacity when the information was
necessary to enable the individual to render professional
services to those persons except:
(1) with the written authorization
of that person or, in the case of death or disability, the
person’s personal representative;
(2) If the person waives the
privilege by bringing charges against the person licensed
under this chapter;
(3) In response to a subpoena from
the secretary. The secretary may subpoena only records
related to a complaint or report under RCW 18.130.050;
[regulatory investigation]
(4) As required under chapter 26.44
or 74.34 RCW or RCW 71.05.250; or [ abuse / neglect, harm to
self/others ]
(5) To any individual if the person
licensed under this chapter reasonably believes that
disclosure will avoid or minimize an imminent danger to the
health or safety of the individual or any other individual;
however, there is no obligation on the part of the provider
to so disclose.
