WSR 03-20-105

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed September 30, 2003, 4:14 p.m. , effective October 1, 2003 ]

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 6, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 6, Amended 1, Repealed 0.
Effective Date of Rule: October 1, 2003.

September 19, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3311.2
AMENDATORY SECTION(Amending WSR 02-10-117, filed 4/30/02, effective 5/31/02)

WAC 388-71-0520   Are there training requirements for an individual provider or a home care agency provider of an adult client?   An individual provider or a home care agency provider for an adult client must meet the training requirements in WAC 388-71-05910 through ((388-71-05952)) 388-71-05958.

[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.]


NEW SECTION
WAC 388-71-05953   What is nurse delegation core training?   Nurse delegation core training is required before a nursing assistant may be delegated a nursing task. DSHS approves instructors for nurse delegation core training.

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NEW SECTION
WAC 388-71-05954   What knowledge and skills must nurse delegation core training include?   Only the curriculum developed by DSHS may be used for nurse delegation core training.

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NEW SECTION
WAC 388-71-05955   Is competency testing required for nurse delegation core training?   Passing the DSHS competency test is required for successful completion of nurse delegation core training, as provided under WAC 388-71-05938 through 388-71-05944.

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NEW SECTION
WAC 388-71-05956   Is there a challenge test for nurse delegation core training?   There is no challenge test for nurse delegation core training.

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NEW SECTION
WAC 388-71-05957   What documentation is required for successful completion of nurse delegation core training?   (1) Nurse delegation core training must be documented by a certificate of successful completion of training, issued by the instructor or training entity, that includes:

(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.

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NEW SECTION
WAC 388-71-05958   Who is required to complete nurse delegation core training, and when   Before performing any delegated nursing task, individual providers and home care agency providers must:

(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.

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