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.
