WSR 11-14-014

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 23, 2011, 12:12 p.m. , effective June 23, 2011, 12:12 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The department is amending or repealing the boarding home rules to comply with ESHB 1548, Long-term care worker requirements, which was recently signed by the governor. ESHB 1548 postpones long-term care worker training and certification requirements and fingerprint background check requirements until January 1, 2014. This bill becomes effective immediately. This does not allow the department enough time to adopt rules through the regular rule adoption process.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-78A-2463; and amending WAC 388-78A-2461, 388-78A-2467, and 388-78A-2474.

Statutory Authority for Adoption: Chapter 18.20 RCW.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: The legislature has passed ESHB 1548 which postpones long-term care worker training and certification requirements and fingerprint background check requirements until January 1, 2014. This bill becomes effective immediately. This does not allow the department enough time to adopt rules through the regular rule adoption process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 1.

Date Adopted: June 17, 2011.

Katherine I. Vasquez

Rules Coordinator

4304.2
AMENDATORY SECTION(Amending WSR 10-16-085, filed 7/30/10, effective 1/1/11)

WAC 388-78A-2461   Background check--General.   Background checks conducted by the department and required in this chapter include but are not limited to:

(1) Washington state background checks including:

(a) Department and department of health findings;

(b) Criminal background check information from the Washington state patrol and the Washington state courts;

(2) ((After January 1, 2012, a national fingerprint-based check in accordance with RCW 74.39A.055.

(3))) Nothing in this chapter should be interpreted as requiring the employment of a person against the better judgment of the boarding home.

(((4))) (3) In addition to chapter 18.20 RCW, these rules are authorized by RCW 43.20A.710, RCW 43.43.830 through 43.43.842 and RCW 74.39A.050(8).

[Statutory Authority: Chapters 18.20 and 74.39A RCW. 10-16-085, 388-78A-2461, filed 7/30/10, effective 1/1/11.]


AMENDATORY SECTION(Amending WSR 10-16-085, filed 7/30/10, effective 1/1/11)

WAC 388-78A-2467   Background check--Sharing by health care facilities.   In accordance with RCW 43.43.832 a health care facility may share Washington state background check results with other health care facilities under certain circumstances. ((Results of the national fingerprint checks may not be shared.)) For the purposes of this section health care facility means a nursing home licensed under chapter 18.51 RCW, a boarding home license under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.

(1) The health care facility may, upon request from another health care facility, share completed Washington state background check results only if:

(a) The health care facility sharing the background check information is reasonably known to be the person's most recent employer;

(b) No more than twelve months has elapsed between the date the individual was last employed at a licensed health care facility and the date of the individual's current employment application;

(c) The background check is no more than two years old; and

(d) The boarding home has no reason to believe the individual has or may have a disqualifying conviction or finding as described in WAC 388-78A-2470.

(2) The boarding home may also establish, maintain and follow a written agreement with home health, hospice, or home care agencies licensed under chapter 70.127 RCW or nursing pools registered under chapter 18.52C RCW in order to ensure that the agency or pool staff meet the requirements of WAC 388-78A-2470.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. 10-16-085, 388-78A-2467, filed 7/30/10, effective 1/1/11.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 10-16-085, filed 7/30/10, effective 1/1/11)

WAC 388-78A-2474   Training ((and home care aide certification)) requirements.   (1) The boarding home must ensure staff persons ((hired before January 1, 2011)) meet training requirements in effect on the date hired, including requirements in chapter 388-112 WAC.

(2) The boarding home must ensure all boarding home administrators, or their designees, and caregivers ((hired on or after January 1, 2011)) meet the ((long-term care worker)) training requirements of chapter 388-112 WAC, including but not limited to:

(a) Orientation and safety;

(b) Basic;

(c) Specialty for dementia, mental illness and/or developmental disabilities when serving residents with any of those primary special needs;

(d) Cardiopulmonary resuscitation and first aid; and

(e) Continuing education.

(3) The boarding home must ensure ((all persons listed in subsection (2) of this section, obtain the home-care aide certification required by chapter 246-980 WAC.

(4) Under RCW 18.88B.040 and chapter 246-980 WAC, certain persons including registered nurses, licensed practical nurses, certified nursing assistants, or persons who are in an approved certified nursing assistant program are exempt from long-term care worker training requirements.

(5) For the purpose of this section, the term "caregiver" has the same meaning as the term "long-term care worker" as defined in RCW 74.39A.009)) that all staff receive appropriate training and orientation for their specific duties and responsibilities.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. 10-16-085, 388-78A-2474, filed 7/30/10, effective 1/1/11.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-78A-2463 Background check--National fingerprint checks--Who is required to have.

Washington State Code Reviser's Office