PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: January 1, 2010.
Purpose: RCW 74.39A.360 requires all training for individual providers represented by an exclusive bargaining representative to be provided by a training partnership. The purpose of the new language in chapter 388-71 WAC is to add this requirement. The purpose of new rules in WAC 388-71-05850 through 388-71-05890 is to clarify that the requirements for nurse delegation core training also apply to the nurse delegation specialized diabetes training.
Citation of Existing Rules Affected by this Order: Amending WAC 388-71-05665, 388-71-05690, 388-71-05695, 388-71-05775, 388-71-05850, 388-71-05860, 388-71-05875, 388-71-05880, and 388-71-05890.
Statutory Authority for Adoption: RCW 74.08.090, 74.39A.360.
Adopted under notice filed as WSR 09-21-095 on October 20, 2009.
Changes Other than Editing from Proposed to Adopted Version: A clarification was added to the proposed language in WAC 388-71-05875 as follows:
(2) "...The training partnership or their contracted training entity must maintain a record for each instructor which, at a minimum must contain:
(a) Copy of current professional licenses, as required."
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.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 9, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 9, Repealed 0.
Date Adopted: December 1, 2009.
Susan Dreyfus
Secretary
4157.2"Competency" means the minimum level of information and skill trainees are required to know and be able to demonstrate.
"DSHS" refers to the department of social and health services.
"Learning outcomes" means the specific information, skills and behaviors desired of the learner as a result of a specific unit of instruction, such as what they would learn by the end of a single class or an entire course. Learning outcomes are generally identified with a specific lesson plan or curriculum.
"Routine interaction" means contact with clients that happens regularly.
"Training partnership" means a joint partnership or trust that includes the office of the governor and the exclusive bargaining representative of individual providers under RCW 74.39A.270 with the capacity to provide training, peer mentoring, and workforce development, or other services to individual providers.
[Statutory Authority: 2004 c 276 § 206 (6)(b) and Townsend vs. DSHS, U.S. District Court, Western District of Washington, No. C 00-0944Z. 04-16-029, § 388-71-05665, filed 7/26/04, effective 8/26/04. Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as § 388-71-05665, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-05910, filed 4/30/02, effective 5/31/02.]
(1) The trainee's name;
(2) A list of the specific information taught;
(3) ((Signature)) Name of the person or training entity
overseeing the orientation indicating completion of the
required information;
(4) The trainee's date of employment;
(5) The location of the orientation; and
(6) The date(s) of orientation.
[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, recodified as § 388-71-05690, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-05915, filed 4/30/02, effective 5/31/02.]
(2) Individual providers must complete orientation
provided by ((DSHS, the area agency on aging (AAA), or managed
care entity)) the training partnership no later than fourteen
calendar days after beginning to work with their first DSHS
client. Individual providers ((who live and are providing
care at a great distance from the DSHS or AAA office)) may be
oriented by distance learning, with phone contact by the
person overseeing the orientation to answer questions.
(3) Parents who are individual providers for their adult children are exempt from the orientation requirement.
[Statutory Authority: RCW 74.08.090, 74.09.520, 74.39A.010 and 74.39A.020. 06-05-022, § 388-71-05695, filed 2/6/06, effective 3/9/06. Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, recodified as § 388-71-05695, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-05916, filed 4/30/02, effective 5/31/02.]
[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, recodified as § 388-71-05775, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-05932, filed 4/30/02, effective 5/31/02.]
[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as § 388-71-05850, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-05941, filed 4/30/02, effective 5/31/02.]
[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as § 388-71-05860, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-05943, filed 4/30/02, effective 5/31/02.]
(2) ((DSHS contracts with area agencies on aging (AAA) or
other entities to conduct)) The training partnership is
legislatively mandated to provide orientation, basic, modified
basic, six hour DDD parent provider training, nurse delegation
core and specialized diabetes training, and continuing
education training programs for individual providers ((and
home care agency providers)). The training ((entity must
approve any instructor under contract with the entity to
conduct training programs. The entity's contractors must meet
the minimum qualifications for instructors under this chapter
and any additional qualifications established through the
entity's contracting procedures)) partnership will ensure
instructors meet the minimum qualifications under this
chapter. The training partnership or their contracted
training entity must maintain a record for each instructor
which, at a minimum must contain:
(a) Copy of current professional licenses, as required.
(b) Documentation to verify the instructor meets the required minimum instructor qualifications.
(3) Home care agencies shall utilize a DSHS approved instructor or training entity.
[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as § 388-71-05875, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-05946, filed 4/30/02, effective 5/31/02.]
(2) DSHS ((or the AAA)) may terminate any training
contract in accordance with the terms of the contract. The
contractor's administrative remedies shall be limited to those
specified in the contract.
[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as § 388-71-05880, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, § 388-71-05947, filed 4/30/02, effective 5/31/02.]
(1) General qualifications:
(a) Twenty-one years of age;
(b) Has not had a professional health care or social services license or certification revoked in Washington state (however, no license or certification is required).
(2) Education and work experience:
(a) Upon initial approval or hire, must have:
(i) A high school diploma and one year of professional or caregiving experience within the last five years in an adult family home, boarding home, supported living through DDD per chapter 388-820 WAC, or home care setting; or
(ii) An associate degree in a health field and six months of professional or caregiving experience within the last five years in an adult family home, boarding home, supported living through DDD per chapter 388-820 WAC, or home care setting.
(3) Teaching experience:
(a) Must have one hundred hours of experience teaching adults on topics directly related to the basic training; or
(b) Must have forty hours of teaching while being mentored by an instructor who meets these qualifications, and must attend a class on adult education that meets the requirements of WAC 388-71-05899.
(4) The instructor must be experienced in caregiving practices and capable of demonstrating competency with respect to the course content or units being taught;
(5) Instructors who will administer tests must have experience or training in assessment and competency testing; and
(6) If required under WAC 388-71-05730 or 388-71-05760, instructors must successfully complete basic or modified basic training prior to beginning to train others.
[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as § 388-71-05890, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-15-064, § 388-71-05949, filed 7/11/02, effective 8/11/02.]