Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of the new language in WAC 388-112-0020, 388-112-0060, 388-112-0090, 388-112-0210, 388-112-0245, 388-112-0260, and 388-112-0315 is to clarify standards and expectations regarding the integration of safe food handling training into the required training and continuing education, as required by SHB 1591, chapter 505, Laws of 2005. The statute requires that:

•	The department's curricula meet the standards established by the state board of health pursuant to chapter 69.06 RCW. This includes the addition of a separate section of safe food handing questions be a part of the basic and modified training competency testing.
•	Caregivers working in adult family homes receive information on safe food handling practices from the employer before providing food handling service for clients.
•	The addition of .5 hours per year of safe food handling continuing education for adult family home caregivers in order to maintain food handling and safety training.

     The purpose of new language in WAC 388-112-0255 is to add content requirements for first-aid training.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-112-0020, 388-112-0060, 388-112-0090, 388-112-0210, 388-112-0245, 388-112-0255, 388-112-0260, and 388-112-0315.

     Statutory Authority for Adoption: RCW 18.20.090, 70.128.040, 70.128.230.

     Other Authority: Chapter 505, Laws of 2005.

      Adopted under notice filed as WSR 05-21-099 on October 18, 2005.

     Changes Other than Editing from Proposed to Adopted Version:

•	WAC 388-112-0210(13) and 388-112-0245(3): Language was amended to specify that these items pertain to adult family homes.
•	WAC 388-112-0255: Language was added to state "Successful completion of First Aid training, following the OSHA guidelines, also serves as proof of CPR training."

     A final cost-benefit analysis is available by contacting Tiffany Sevruk, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2538, fax (360) 407-7582, e-mail sevruta@dshs.wa.gov. There are no changes to the preliminary cost-benefit analysis.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 7, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 1, 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 8, Repealed 0.

     Date Adopted: December 12, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

     (1) The care setting;

     (2) The characteristics and special needs of the population served;

     (3) Fire and life safety, including:

     (a) Emergency communication (including phone system if one exists);

     (b) Evacuation planning (including fire alarms and fire extinguishers where they exist);

     (c) Ways to handle resident injuries and falls or other accidents;

     (d) Potential risks to residents or staff (for instance, aggressive resident behaviors and how to handle them); and

     (e) The location of home policies and procedures.

     (4) Communication skills and information, including:

     (a) Methods for supporting effective communication among the resident/guardian, staff, and family members;

     (b) Use of verbal and nonverbal communication;

     (c) Review of written communications and/or documentation required for the job, including the resident's service plan;

     (d) Expectations about communication with other home staff; and

     (e) Whom to contact about problems and concerns.

     (5) Universal precautions and infection control, including:

     (a) Proper hand washing techniques;

     (b) Protection from exposure to blood and other body fluids;

     (c) Appropriate disposal of contaminated/hazardous articles;

     (d) Reporting exposure to contaminated articles, blood, or other body fluids; and

     (e) What staff should do if they are ill.

     (6) Resident rights, including:

     (a) The resident's right to confidentiality of information about the resident;

     (b) The resident's right to participate in making decisions about the resident's care, and to refuse care;

     (c) Staff's duty to protect and promote the rights of each resident, and assist the resident to exercise his or her rights;

     (d) How and to whom staff should report any concerns they may have about a resident's decision concerning the resident's care;

     (e) Staff's duty to report any suspected abuse, abandonment, neglect, or exploitation of a resident;

     (f) Advocates that are available to help residents (LTC ombudsmen, organizations); and

     (g) Complaint lines, hot lines, and resident grievance procedures.

     (7) In Adult Family Homes, safe food handling information must be provided to all staff, prior to handling food for residents.

[Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-065, § 388-112-0020, filed 7/11/02, effective 8/11/02.]

     For licensed adult family home providers and employees, successfully completing basic training includes passing the safe food handling section or obtaining a valid food handler permit.

[Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-065, § 388-112-0060, filed 7/11/02, effective 8/11/02.]

     For licensed adult family home providers and employees, successfully completing modified basic training includes passing the safe food handling section or obtaining a valid food handler permit.

[Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-065, § 388-112-0090, filed 7/11/02, effective 8/11/02.]

     (1) Resident rights;

     (2) Personal care (such as transfers or skin care);

     (3) Mental illness;

     (4) Dementia;

     (5) Developmental disabilities;

     (6) Depression;

     (7) Medication assistance;

     (8) Communication skills;

     (9) Positive resident behavior support;

     (10) Developing or improving resident centered activities;

     (11) Dealing with wandering or aggressive resident behaviors; ((and))

     (12) Medical conditions; and

     (13) In adult family homes, safe food handling.

[Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-066, § 388-112-0210, filed 7/11/02, effective 8/11/02.]

     (1) Adult family home providers (including entity representatives as defined under chapter 388-76 WAC), resident managers, and caregivers must complete ten hours of continuing education each calendar year (January 1 through December 31) after the year in which they successfully complete basic or modified basic training.

     (2) Continuing education must be on a topic relevant to the care setting and care needs of residents in adult family homes.

     (3) Continuing education must include 0.5 hours per year on safe food handling in adult family homes.

     Boarding Homes

     (((3))) (4) Boarding home administrators (or their designees) and caregivers must complete ten hours of continuing education each calendar year (January 1 through December 31) after the year in which they successfully complete basic or modified basic training. A boarding home administrator with a current nursing home administrator license is exempt from this requirement.

     (((4))) (5) Continuing education must be on a topic relevant to the care setting and care needs of residents in boarding homes.

[Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-066, § 388-112-0245, filed 7/11/02, effective 8/11/02.]

     (4) Successful completion of First Aid training, following the OSHA guidelines, also serves as proof of the CPR training.

[Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-066, § 388-112-0255, filed 7/11/02, effective 8/11/02.]

     (1) Adult family home providers and resident managers must possess a valid CPR and first-aid card or certificate prior to providing care for residents, and must maintain valid cards or certificates.

     (2) Licensed nurses working in adult family homes must possess a valid CPR card or certificate within thirty days of employment and must maintain a valid card or certificate. If the licensed nurse is an adult family home provider or resident manager, the valid CPR card or certificate must be obtained prior to providing care for residents.

     (3) Adult family home caregivers must obtain and maintain a valid CPR and first-aid card or certificate:

     (a) Within thirty days of beginning to provide care for residents, if the provision of care for residents is directly supervised by a fully qualified caregiver who has a valid first-aid and CPR card or certificate; or

     (b) Before providing care for residents, if the provision of care for residents is not directly supervised by a fully qualified caregiver who has a valid first-aid and CPR card or certificate.

     (((3) Adult family home caregivers must maintain valid CPR and first-aid cards or certificates.))

     Boarding Homes

     (4) Boarding home administrators who provide direct care, and caregivers must possess a valid CPR and first-aid card or certificate within thirty days of employment, and must maintain valid cards or certificates. ((Boarding home)) Licensed nurses working in boarding homes must possess a valid CPR card or certificate within thirty days of employment, and must maintain a valid card or certificate.

[Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-066, § 388-112-0260, filed 7/11/02, effective 8/11/02.]

     (2) If a challenge test is available for a course, it may be taken only once. If the test is failed, the person must take the classroom course.

[Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-066, § 388-112-0315, filed 7/11/02, effective 8/11/02.]