Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-04-114.

     Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-78A-2450 Staff, 388-78A-2470 Criminal history disclosure and background checks, 388-78A-2490 Specialized training for developmental disabilities, 388-78A-2500 Specialized training for mental illness, 388-78A-2510 Specialized training for dementia, 388-78A-2550 Administrator training documentation, 388-78A-2750 Application process, and 388-78A-3190 Denial, suspension, revocation, or nonrenewal of license statutorily required.

     The department is proposing new sections WAC 388-78A-2461 Background check -- General, 388-78A-2462 Background check -- Washington state -- Who is required to have, 388-78A-2463 Background check -- National fingerprint checks -- Who is required to have, 388-78A-2464 Background check -- Process, 388-78A-2465 Background check -- Results, 388-78A-2466 Background check -- Valid for two years, 388-78A-2467 Background check -- Sharing by health care facilities, 388-78A-2468 Background check -- Conditional hire-pending results, 388-78A-2469 Background check -- disclosure statement, 388-78A-2471 Background check -- Confidentiality -- Use restricted -- Retention, and 388-78A-2474 Training and home care aide certification.

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on June 22, 2010, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than June 23, 2010.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on June 22, 2010.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 8, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposed rule making is to implement chapters 74.39A and 18.88B RCW as codified from Initiative Measure No. 1029 and E2SHB 2284, chapter 361, Laws of 2007.

     Purpose and reasons for the proposed changes:

     •     Revisions to be consistent with the training requirements in chapter 388-112 WAC.

     •     Revisions to implement the finger print-based check requirements effective January 1, 2012.

     •     Chunked and clarified the criminal history background check section to make it easier to read and understand.

     Reasons Supporting Proposal:

     •     To have the rules comply with the statutes referenced above.

     Statutory Authority for Adoption: RCW 18.20.090.

     Statute Being Implemented: Chapter 18.20 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Judy Johnson, P.O. Box 45600, Olympia, WA 98513, (360) 725-2591; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     SUMMARY OF PROPOSED RULES: The department of social and health services' residential care services (RCS) is proposing amendments to chapter 388-78A WAC, Boarding homes.

     The purpose of this proposed rule making is to implement Initiative Measure No. 1029 and E2SHB 2284, chapter 361, Laws of 2007, as codified in chapters 74.39A and 18.88B RCW.

     Highlights of proposed changes:

     •     Revisions to be consistent with the terminology and training requirements in proposed chapter 388-112 WAC, which is required by chapters 74.39A and 18.88B RCW.

     •     Revisions to implement the fingerprint-based background check requirements in accordance with RCW 74.39A.055, which will be effective January 1, 2012.

     •     Clarify the following sections: Staff, criminal history and background checks, specialized training, and application process.

     •     Make the criminal history background check section easier to read and understand by breaking down the requirements into smaller sections.

     SMALL BUSINESS ECONOMIC IMPACT STATEMENT: Chapter 19.85 RCW, the Regulatory Fairness Act, requires that the economic impact of proposed regulations be analyzed in relation to small businesses. This statute outlines information that must be included in a SBEIS. Under RCW 19.85.025(3), preparation of a SBEIS is not required when a proposed rule adopts or incorporates by reference without material change Washington state statues and for rules with content dictated by statute. A SBEIS is required when there is a disproportionate impact on small businesses.

     RCW 19.85.020 defines a "small business" as "any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, and that has fifty or fewer employees."

     Since RCS is adopting these proposed rules in order to be consistent with state law (RCW 74.39A.055 and chapters 74.39A and 18.88B RCW), a SBEIS is not required under RCW 34.05.310(4). The RCS rules are also being adopted in order to be consistent with proposed amendments to chapters 388-71 and 388-112 WAC, which are being adopted by DSHS's home and community services division (HCS). RCS has reviewed and taken into consideration the SBEIS and cost-benefit analysis (CBA) submitted by HCS for its proposed amendments. The RCS rules require boarding homes to comply with the training requirements in chapter 388-112 WAC.

     RCS has analyzed its proposed rules and has concluded that the content of the proposed rules is required by state law. The long-term worker training requirements are required by RCW 74.39A.073 and chapter 388-112 WAC. RCS is amending its rules to be consistent with the terminology and training requirements in chapter 388-112 WAC. Although some providers may decide to bear any increased training costs, the rules do not require the provider to do so.

     The proposed rules require fingerprint-based background checks in accordance with RCW 74.39A.055, which prohibits the department from passing the costs of these checks to the workers or their employers.

     RCS has provided stakeholders opportunities to give input on costs for the proposed rules. Stakeholders were sent e-mails requesting this information and drafts were posted on the internet. To date, RCS has not received comments about costs for these proposed rules.

     RCS has not received any information indicating that the proposed rules will result in any job losses or gains for boarding homes. However, RCS has reviewed the comments received by HCS and is aware that HCS has concluded that the proposed rule amendments disproportionately impact small businesses more than larger businesses. Further, RCS understands that HCS has plans to mitigate those costs.

     EVALUATION OF PROBABLE COSTS AND PROBABLE BENEFITS: RCS has determined that some of the proposed rules are "significant legislative rules" as defined by legislature. However, under RCW 34.05.328 (5)(b), an evaluation of the costs and benefits of adoption of the rule pursuant to RCW 34.06.328 [34.05.328] is not required because the content of the rules is explicitly and specifically dictated by statute. RCS provides the following probable costs and probable benefits as background information.

     COSTS:

     •     DSHS shared the draft language and draft small business economic statement and CBA with interested parties and stakeholder group.

     •     In addition, the draft language and draft small business economic statement and CBA was posted on the aging and disability services administration internet web site for anyone in the public to review and comment.

     •     DSHS' process is to use the input from internal and external stakeholders to determine cost impacts for the drafting of the rule.

     •     To date, no comments have been received about costs for these proposed rules.

     •     The statute states that the cost of the fingerprint checks will not be passed on to the individual or the boarding home.

     •     The long-term care worker training requirements are required by RCW 74.39A.073 and chapter 388-112 WAC. RCS is amending its rules to be consistent with the terminology and training requirements in chapter 388-112 WAC.

     •     The training cost could be borne by either the provider or staff person. The rules do not require the cost to be borne by the provider.

     COST SAVINGS:

     •     Although the proposed rules may not save providers or the department money, they do have other anticipated benefits.

     OTHER BENEFITS: The proposed rules result in several benefits which include:

     •     The amendments are consistent with current laws;

     •     Boarding home providers will have more information to assist them in making hiring decisions;

     •     Residents will ultimately benefit from a more trained workforce and potentially protected from staff with criminal histories; and

     •     Boarding home providers will have clearer background check rules to follow as a result of breaking down the requirements into smaller sections.

     CONCLUSION: If a CBA had been required, RCS would conclude that the benefits of the proposed amendments exceed the probable cost.

     These rules are required to implement state laws and regulations related to boarding homes. RCS has complied with the appropriate sections of the Administrative Procedure Act and is prepared to proceed with the rule filing.

     Please contact Judy Johnson by e-mail at judy.johnson@dshs.wa.gov or by phone at (360) 725-2591 if you have questions.

     A copy of the statement may be obtained by contacting Judy Johnson, Boarding Home Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, fax (360) 438-7903, e-mail johnsjm1@dshs.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Judy Johnson, Boarding Home Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, fax (360) 438-7903, e-mail johnsjm1@dshs.wa.gov.

April 30, 2010

Katherine I. Vasquez

Rules Coordinator

     (a) Furnish the services and care needed by each resident consistent with his or her negotiated service agreement;

     (b) Maintain the boarding home free of safety hazards; and

     (c) Implement fire and disaster plans.

     (2) The boarding home must:

     (a) Develop and maintain written job descriptions for the administrator and each staff position and provide each staff person with a copy of his or her job description before or upon the start of employment;

     (b) Verify staff persons' work references prior to hiring;

     (c) Verify prior to hiring that staff persons have the required licenses, certification, registrations, or other credentials for the position, and that such licenses, certifications, registrations, and credentials are current and in good standing;

     (d) Document and retain for twelve weeks, weekly staffing schedules, as planned and worked;

     (e) Ensure all resident care and services are provided only by staff persons who have the training, credentials, experience and other qualifications necessary to provide the care and services;

     (f) Ensure at least one caregiver, who is eighteen years of age or older and has current cardiopulmonary resuscitation and first-aid cards, is present and available to assist residents at all times:

     (i) When one or more residents are present on the boarding home premises; and

     (ii) During boarding home activities off of the boarding home premises.

     (g) Ensure caregiver provides on-site supervision of any resident voluntarily providing services for the boarding home;

     (h) Provide staff orientation and appropriate training for expected duties, including:

     (i) Organization of boarding home;

     (ii) Physical boarding home layout;

     (iii) Specific duties and responsibilities;

     (iv) How to report resident abuse and neglect consistent with chapter 74.34 RCW and boarding home policies and procedures;

     (v) Policies, procedures, and equipment necessary to perform duties;

     (vi) Needs and service preferences identified in the negotiated service agreements of residents with whom the staff persons will be working; and

     (vii) Resident rights, including without limitation, those specified in chapter 70.129 RCW.

     (i) Develop and implement a process to ensure caregivers:

     (i) Acquire the necessary information from the preadmission assessment, on-going assessment and negotiated service agreement relevant to providing services to each resident with whom the caregiver works;

     (ii) Are informed of changes in the negotiated service agreement of each resident with whom the caregiver works; and

     (iii) Are given an opportunity to provide information to responsible staff regarding the resident when assessments and negotiated service agreements are updated for each resident with whom the caregiver works.

     (j) Ensure all caregivers have access to resident records relevant to effectively providing care and services to the resident.

     (3) The boarding home must:

     (a) ((Ensure that staff persons meet the training requirements specified in chapter 388-112 WAC;

     (b))) Protect all residents by ensuring any staff person suspected or accused of abuse, neglect, financial exploitation, or abandonment does not have access to any resident until the boarding home investigates and takes action to ensure resident safety;

     (((c))) (b) Not interfere with the investigation of a complaint, coerce a resident or staff person regarding cooperating with a complaint investigation, or conceal or destroy evidence of alleged improprieties occurring within the boarding home;

     (((d))) (c) Prohibit staff persons from being directly employed by a resident or a resident's family during the hours the staff person is working for the boarding home;

     (((e))) (d) Maintain the following documentation on the boarding home premises, during employment, and at least two years following termination of employment:

     (i) Staff ((orientation and)) training or certification pertinent to duties, including, but not limited to:

     (A) Training required by chapter 388-112 WAC((, including as appropriate for each staff person, orientation, basic training or modified basic training, specialty training, nurse delegation core training, and continuing education));

     (B) Home care aide certification as required by this chapter and chapter 246-980 WAC;

     (C) Cardiopulmonary resuscitation;

     (((C))) (D) First aid; and

     (((D))) (E) HIV/AIDS training.

     (ii) ((Criminal history)) Disclosure statements and background checks as required in WAC ((388-78A-2470)) 388-78A-2461 through 388-78A-2471; and

     (iii) Documentation of contacting work references and professional licensing and certification boards as required by subsection (((1))) (2) of this section.

     (4) The boarding home is not required to keep on the boarding home premises, staff records that are unrelated to staff performance of duties. Such records include, but are not limited to, pay records, and health and insurance benefits for staff.

[Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. 04-16-065, § 388-78A-2450, filed 7/30/04, effective 9/1/04.]

     (1) Washington state background checks including:

     (a) Department and department of health findings;

     (b) Criminal background check information from the Washington state patrol and the Washington state courts;

     (2) After January 1, 2012, a national fingerprint-based check in accordance with RCW 74.39A.055.

     (3) Nothing in this chapter should be interpreted as requiring the employment of a person against the better judgment of the boarding home.

     (4) In addition to chapter 18.20 RCW, these rules are authorized by RCW 43.20A.710, RCW 43.43.830 through 43.43.842 and RCW 74.39A.050(8).

[]

     (2) The boarding home must ensure the following have Washington state background checks:

     (a) Caregivers, including volunteers who are not residents, and students who may have unsupervised access to residents;

     (b) Administrators;

     (c) Licensee;

     (d) Staff persons;

     (e) Managers; and

     (f) Contractors.

[]

     (2) The boarding home must ensure that all caregivers hired after January 1, 2012 have a background check that includes a national fingerprint-based background check.

[]

     (a) Require the person to complete a DSHS background authorization form; and

     (b) Send the completed form to the department's background check central unit (BCCU), including any additional documentation and information requested by the department.

     (2) For purposes of this section, the administrator is presumed to provide direct care.

[]

     (2) If the background check results show that the person has a conviction or finding that is not disqualifying under WAC 388-78A-2470, then the boarding home must determine whether the person has the character, suitability and competence to work with vulnerable adults in long-term care.

     (3) The boarding home must:

     (a) Inform the person of the results of the background check;

     (b) Inform the person that they may request a copy of the results of the background check. If requested, a copy of the background check results must be provided within ten days of the request; and

     (c) Notify the department and appropriate licensing or certification agency of any person resigning or terminated as a result of having a conviction record.

[]

     (1) A new DSHS background authorization form is submitted to BCCU every two years for individuals listed in WAC 388-78A-2462; and

     (2) There is a valid Washington state background check for all individuals listed in WAC 388-78A-2462.

[]

     (1) The health care facility may, upon request from another health care facility, share completed Washington state background check results only if:

     (a) The health care facility sharing the background check information is reasonably known to be the person's most recent employer;

     (b) No more than twelve months has elapsed between the date the individual was last employed at a licensed health care facility and the date of the individual's current employment application;

     (c) The background check is no more than two years old; and

     (d) The boarding home has no reason to believe the individual has or may have a disqualifying conviction or finding as described in WAC 388-78A-2470.

     (2) The boarding home may also establish, maintain and follow a written agreement with home health, hospice, or home care agencies licensed under chapter 70.127 RCW or nursing pools registered under chapter 18.52C RCW in order to ensure that the agency or pool staff meet the requirements of WAC 388-78A-2470.

[]

     (1) Submits the background authorization form for the individual to the department no later than one business day after the individual starts working;

     (2) Requires the individual to sign a disclosure statement, and the individual denies having been convicted of a disqualifying crime or have a disqualifying finding under WAC 388-78A-2470;

     (3) Has received three positive references for the individual;

     (4) Does not allow the individual to have unsupervised access to any resident;

     (5) Ensures direct supervision of the individual, as defined in RCW 18.20.270; and

     (6) Ensures that the person is competent, and receives the necessary training to perform assigned tasks.

[]

     (2) The department may require the boarding home or any individual described in WAC 388-78A-2462 to complete additional disclosure statements or background authorization forms if the department has reason to believe that offenses specified in WAC 388-78A-2470 have occurred since completion of the previous disclosure statement or background check.

[]

     (3))) Until the boarding home receives a successful background check result, the boarding home must not ((allow unsupervised access by any individual described in subsection (1))) use or employ anyone, directly or by contract, who is listed in WAC 388-78A-2462, if the individual has been:

     (((a))) (1) Convicted of a "crime against children or other persons" as defined in RCW 43.43.830, unless the crime is simple assault, assault in the fourth degree, or prostitution and more than three years has passed since the last conviction;

     (((b))) (2) Convicted of "crimes relating to financial exploitation" as defined in RCW 43.43.830, unless the crime is theft in the third degree, and more than three years have passed since conviction, or unless the crime is forgery or theft in the second degree and more than five years has passed since conviction;

     (((c))) (3) Convicted of:

     (((i))) (a) Violation of the imitation controlled substances act (VICSA);

     (((ii))) (b) Violation of the uniform controlled substances act (VUCSA);

     (((iii))) (c) Violation of the uniform legend drug act (VULDA); or

     (((iv))) (d) Violation of the uniform precursor drug act (VUPDA);

     (((d))) (4) Convicted of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct;

     (((e))) (5) Convicted of criminal mistreatment; or

     (((f))) (6) Convicted of a crime in federal court or in any other state, and the department determines that the crime is equivalent to a crime described in this subsection.

     (((4))) (7) The boarding home must not allow unsupervised access by any individual described in ((subsection (1))) WAC 388-78A-2462, if the individual has:

     (a) Been found to have abused, neglected, financially exploited or abandoned a minor or vulnerable adult by a court of law or a disciplining authority, including the department of health;

     (b) A finding of abuse or neglect of a child that is:

     (i) Listed on the department's background check central unit (BCCU) report; or

     (ii) Disclosed by the individual, except for finding made before December, 1998.

     (c) A finding of abuse, neglect, exploitation or abandonment of a vulnerable adult that is:

     (i) Listed on any registry, including the department's registry;

     (ii) Listed on the department's background check central unit (BCCU) report; or

     (iii) Disclosed by the individual, except for adult protective services findings made before October, 2003.

     (((5) Prior to first starting his or her duties, the boarding home must require each individual described in subsection (1) to make disclosures, consistent with RCW 43.43.834(2). The disclosures must be in writing and signed by the individual under penalty of perjury. Each individual must disclose whether he or she:

     (a) Has been convicted of any crime, including the crimes listed in subsection (3);

     (b) Has had findings made against him or her in any civil adjudicative proceeding; or

     (c) Has one or more convictions and one or more civil adjudicative proceeding findings.

     (6) Prior to first starting his or her duties, for each individual described in subsection (1), the boarding home must take one or more of the actions described in (a), (b) and (c):

     (a) Initiate a background check by submitting all background check authorization forms to the department's background check central unit (BCCU), except the forms should be submitted to the aging and disability services administration with an initial license application;

     (b) Obtain from the individual's prior employer a copy of the completed criminal background inquiry information for the individual, subject to the following conditions:

     (i) The prior employer is a nursing home licensed under chapter 18.51 RCW, a boarding home licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW;

     (ii) The employer providing the information is reasonably known to be the individual's most recent employer;

     (iii) No more than twelve months has elapsed between the date the individual was last employed and the date of the individual's current application;

     (iv) The background information is no more than two years old; and

     (v) The boarding home has no reason to believe the individual has or may have a disqualifying conviction or finding as described in subsections (3) and (4); or

     (c) Establish, maintain and follow a written agreement with home health, hospice, or home care agencies licensed under chapter 70.127 RCW or nursing pools registered under chapter 18.52C RCW in order to ensure that the agency or pool staff meet the requirements of subsections (3) and (4).

     (7) The boarding home must verbally inform the named individual of his or her background check results from the department and offer to provide him or her a copy of the results within ten days of receipt.

     (8) The boarding home must ensure that all disclosure statements, and background check results are:

     (a) Maintained on-site in a confidential and secure manner;

     (b) Used for employment purposes only;

     (c) Not disclosed to anyone except to the individual, authorized state and federal employees, the Washington state patrol auditor, or persons authorized by chapter 43.43 RCW.

     (d) Retained and available for department review during the individual's employment or association with a facility and for at least two years after termination of the employment or association.

     (9) The boarding home may conditionally hire an individual described in subsection (1), pending a background inquiry, provided that the boarding home:

     (a) Obtains a criminal history background check authorization form from the individual before he or she is allowed unsupervised access to resident;

     (b) Submits the criminal history background check authorization form to the department no later than one business day after the individual starts working; and

     (c) Has received three positive references for the individual before he or she is allowed unsupervised access to residents.

     (10) The department may require the boarding home or any individual described in subsection (1) to complete additional disclosure statements or background inquiries if the department has reason to believe that offenses specified in subsections (3) and (4) of this section have occurred since completion of the previous disclosure statement or background inquiry.

     (11) Nothing in this section should be interpreted as requiring the employment of any person against the better judgment of the boarding home.

     (12) In addition to chapter 18.20 RCW, these rules are authorized by RCW 43.20A.710, 43.43.830 through 43.43.842 and 74.39A.050(8).

     (13) As used in this section, "civil adjudicative proceeding" means judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44, or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative finding that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.))

[Statutory Authority: Chapter 18.20 RCW. 10-03-066, § 388-78A-2470, filed 1/15/10, effective 2/15/10. Statutory Authority: Chapters 18.20 and 74.34 RCW. 09-01-052, § 388-78A-2470, filed 12/10/08, effective 1/10/09. Statutory Authority: RCW 18.20.090 and chapters 18.20 and 74.34 RCW. 08-05-099, § 388-78A-2470, filed 2/15/08, effective 3/17/08. Statutory Authority: RCW 18.20.090. 06-01-047, § 388-78A-2470, filed 12/15/05, effective 1/15/06. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. 04-16-065, § 388-78A-2470, filed 7/30/04, effective 9/1/04.]

     (1) Maintained on-site in a confidential and secure manner;

     (2) Used for employment purposes only;

     (3) Not disclosed to anyone except to the individual, authorized state and federal employees, the Washington state patrol auditor, persons or health care facilities authorized by chapter 43.43 RCW; and

     (4) Retained and available for department review during the individual's employment or association with a facility and for at least two years after termination of the employment or association.

[]

     (2) All boarding home administrators, or their designees, and caregivers hired on or after January 1, 2011 must meet the long-term care worker training requirements of chapter 388-112 WAC, including but not limited to:

     (a) Orientation and safety;

     (b) Basic;

     (c) Specialty for dementia, mental illness and /or developmental disabilities when serving residents with any of those special needs as a primary diagnosis;

     (d) Cardiopulmonary resuscitation and first aid; and

     (e) Continuing education.

     (3) All persons listed in subsection (2) of this section, must obtain home-care aide certification as required by chapter 246-980 WAC.

     (4) Persons exempt from subsection (2) and (3) of this section include but are not limited to:

     (a) Boarding home administrators and caregivers who are registered nurses, licensed practical nurses, certified nursing assistants, or persons who are in an approved certified nursing assistant program; and

     (b) Boarding home administrators with a current nursing home administrator license.

[]

     (((2) Nothing in this section is intended to require additional specialty training beyond that required by WAC 388-112-0115.))

[Statutory Authority: RCW 18.20.090. 06-01-047, § 388-78A-2490, filed 12/15/05, effective 1/15/06. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. 04-16-065, § 388-78A-2490, filed 7/30/04, effective 9/1/04.]

     (((a))) (1) Who has received the diagnosis or treatment within the previous two years; and

     (((b))) (2) Whose diagnosis was made by, or treatment provided by, one of the following:

     (((i))) (a) A licensed physician;

     (((ii))) (b) A mental health professional;

     (((iii))) (c) A psychiatric advanced registered nurse practitioner; or

     (((iv))) (d) A licensed psychologist.

     (((2) Nothing in this section is intended to require additional specialty training beyond that required by WAC 388-112-0115.))

[Statutory Authority: RCW 18.20.090. 06-01-047, § 388-78A-2500, filed 12/15/05, effective 1/15/06. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. 04-16-065, § 388-78A-2500, filed 7/30/04, effective 9/1/04.]

     (((2) Nothing in this section is intended to require additional specialty training beyond that required by WAC 388-112-0115.))

[Statutory Authority: RCW 18.20.090. 06-01-047, § 388-78A-2510, filed 12/15/05, effective 1/15/06. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. 04-16-065, § 388-78A-2510, filed 7/30/04, effective 9/1/04.]

     (1) Training required ((per)) by chapter 388-112 WAC((, Long-term care services training));

     (2) Department training in an overview of Washington state statutes and administrative rules related to the operation of a boarding home;

     (3) As applicable, certification from a department-recognized national accreditation health or personal care organization; and

     (4) As applicable, the qualifying administrator-training program.

[Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. 04-16-065, § 388-78A-2550, filed 7/30/04, effective 9/1/04.]

     (1) Submit to the department a complete license application on forms designated by the department at least ninety days prior to the proposed effective date of the license;

     (2) Submit all relevant attachments specified in the application;

     (3) Submit ((criminal history)) department background ((requests)) authorization forms as required in WAC ((388-78A-2470)) 388-78A-2462 and 388-78A-2463;

     (4) Sign the application;

     (5) Submit the license fee as specified in WAC 388-78A-3230;

     (6) Submit verification that construction plans have been approved by construction review services;

     (7) Submit a revised application before the license is issued if any information has changed since the initial license application was submitted;

     (8) Submit a revised application containing current information about the proposed licensee or any other persons named in the application, if a license application is pending for more than one year; and

     (9) If the licensee's agent prepares an application on the licensee's behalf, the licensee must review, sign and attest to the accuracy of the information contained in the application.

[Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. 04-16-065, § 388-78A-2750, filed 7/30/04, effective 9/1/04.]

     (2) This section applies to any boarding home:

     (a) Applicant;

     (b) Partner, officer or director;

     (c) Manager or managerial employee; or

     (d) Owner of five percent or more of the applicant:

     (i) Who is involved in the operation of the boarding home; or

     (ii) Who controls or supervises the provision of care or services to the boarding home residents; or

     (iii) Who exercises control over daily operations.

[Statutory Authority: Chapter 18.20 RCW. 10-03-066, § 388-78A-3190, filed 1/15/10, effective 2/15/10. Statutory Authority: RCW 18.20.090. 06-01-047, § 388-78A-3190, filed 12/15/05, effective 1/15/06. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. 04-16-065, § 388-78A-3190, filed 7/30/04, effective 9/1/04.]

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