WSR 16-19-088
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed September 20, 2016, 4:05 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-16-013.
Title of Rule and Other Identifying Information: The department is proposing to add new WAC 388-71-0723 What is the adult day center's responsibility in the use of medical devices and restraints?, in chapter 388-71 WAC, Home and community services and programs, specifically related to adult day health and adult day care.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on October 25, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 26, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., October 25, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by October 11, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to add a new section in chapter 388-71 WAC to define client rights regarding restraints, including physical restraints, chemical restraints, involuntary seclusion, and the use of medical devices.
Reasons Supporting Proposal: Refer to purpose statement above.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Statute Being Implemented: RCW 74.39A.400.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Erika Parada, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2450.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
September 16, 2016
Katherine I. Vasquez
Rules Coordinator
NEW SECTION
WAC 388-71-0723 What is the adult day center's responsibility in the use of medical devices and restraints?
(1) Medical devices. Before the adult day center may use a medical device for any client, the adult day center must:
(a) Review the client's assessment to determine the client's need for and use of a medical device;
(b) Ensure the client's negotiated care plan includes the client's use of a medical device or devices;
(c) Provide the client and family with enough information about the significance and level of safety risk associated with the use of the device to enable them to make an informed decision on whether or not to use the device; and
(d) Ensure the medical device will not be used as a physical restraint for discipline or convenience.
(2) Physical restraints. The adult day center must ensure that each client has a right to be free from physical restraints used for discipline or convenience.
(3) Chemical restraints.
(a) For the purposes of this section, "chemical restraint" means the administration of any drug to manage a vulnerable adult's behavior in a way that reduces the safety risk to the vulnerable adult or others, has a temporary effect of restricting the vulnerable adult's freedom, and is not standard treatment for the vulnerable adult's medical or psychiatric condition.
(b) The adult day center must ensure that each resident is free from chemical restraints.
(4) Involuntary seclusion. The adult day center must ensure a resident's right to be free from involuntary seclusion or isolation against his or her will.
(5) Prevention of abuse. The adult day center must:
(a) Meet the requirements of chapter 74.34 RCW;
(b) Ensure each resident's right to be free from abandonment, verbal, sexual, physical, and mental abuse, exploitation, financial exploitation, neglect, and involuntary seclusion;
(c) Protect each resident who is an alleged victim of abandonment, verbal, sexual, physical, and mental abuse, exploitation, financial exploitation, neglect, and involuntary seclusion; and
(d) Prevent future potential abandonment, verbal, sexual, physical, and mental abuse, exploitation, financial exploitation, neglect, and involuntary seclusion.