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

     Purpose: To maintain consistency with other WAC, statute and policies related to fingerprint-based background check requirements for individual providers.

     Citation of Existing Rules Affected by this Order: Amending WAC 257-10-120.

     Statutory Authority for Adoption: RCW 74.39A.280(3) Authority duties.

      Adopted under notice filed as WSR 09-16-056 on July 29, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 1, 2009.

R. A. Hall

Executive Director

OTS-2496.1

AMENDATORY SECTION(Amending WSR 05-14-113, filed 7/1/05, effective 8/1/05)

WAC 257-10-120   What qualifies individual providers or prospective individual providers to be included on the referral registry?   The individual provider or prospective individual provider must:

     (1) Satisfactorily complete a Washington state patrol background check and not be convicted of a disqualifying crime ((listed in RCW 43.43.830 as specified by DSHS home and community services or developmental disabilities or children's administration)) based on the appropriate department of social and health services list of crimes and negative actions; and

     (2) Complete an FBI fingerprint-based background check if the person has lived in the state of Washington fewer than three years((;)). An individual provider or prospective individual providers who has lived in the state fewer than three years may be included on the referral registry for a one hundred twenty-day provisional period as allowed by law or program rules when:

     (a) A fingerprint-based background check is pending; and

     (b) The individual provider or prospective individual provider is not disqualified based on the immediate result of the Washington state patrol background check.

     (3) Not be listed on any long-term care abuse and neglect registry used by DSHS;

     (4) Be eighteen years of age or older;

     (5) Provide picture identification;

     (6) Have a Social Security card or authorization to work in the United States; and

     (7) Comply with requirements listed in WAC 257-10-180.

[Statutory Authority: RCW 74.39A.280(3) and 74.39A.250 (1)(a)-(h). 05-14-113, § 257-10-120, filed 7/1/05, effective 8/1/05.]

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