SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Date of Adoption: September 19, 2003.
Purpose: The department is incorporating nurse delegation core training in in-home settings as required by HB 1753 (chapter 140, Laws of 2003).
A CR-101 preproposal notice has also been filed as WSR 03-19-117 to adopt the emergency rule as permanent.
Citation of Existing Rules Affected by this Order: Amending WAC 388-71-0520.
Statutory Authority for Adoption: RCW 74.39A.050.
Other Authority: Chapter 140, Laws of 2003, chapters 18.79 and 18.88A RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: This emergency rule is necessary to comply with HB 1753 (chapter 140, Laws of 2003), emergency legislation. The rule is also needed to preserve public health and safety by assuring that home care providers for the elderly and vulnerable adults receive adequate training and competency testing before performing delegated nursing tasks authorized by HB 1753.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 6, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: October 1, 2003.
September 19, 2003
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit3311.2
[Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-0520, filed 4/30/02, effective 5/31/02. Statutory Authority: RCW 74.08.090, 74.09.520, 43.20A.050, 43.43.842, 74.39A.090, 43.20A.710, 74.39.050, 43.43.830. 00-03-043, § 388-71-0520, filed 1/13/00, effective 2/13/00.]
(a) The name of the trainee;
(b) The name of the training;
(c) The name of the training entity giving the training;
(d) The instructor's name and signature; and
(e) The date(s) of training.
(2) The trainee must be given an original certificate. Home care agencies must keep a copy of the certificate on file.
(1) Successfully complete DSHS-designated nurse delegation core training;
(2) Be a nursing assistant registered or certified under chapter 18.88A RCW; and
(3) If a nursing assistant registered, successfully complete basic training.