Effective Date of Rule: January 1, 2011.

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

     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.

     Citation of Existing Rules Affected by this Order: Amending 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.

     Statutory Authority for Adoption: Chapters 18.20 and 74.39A RCW.

      Adopted under notice filed as WSR 10-10-119 on May 5, 2010.

     Changes Other than Editing from Proposed to Adopted Version: Changes, other than editing changes are shown with new language underlined and deleted text lined through.

AMENDATORY SECTION (Amending WSR 04-16-065, filed 7/30/04, effective 9/1/04)

     WAC 388-78A-2450 Staff. (1) Each boarding home must provide sufficient, trained staff persons to:

     (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) 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;

     (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;

     (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;

     (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;

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

     (C) Cardiopulmonary resuscitation;

     (D) First aid; and

     (E) HIV/AIDS training.

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

     (iii) Documentation of contacting work references and professional licensing and certification boards as required by subsection (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.]

NEW SECTION

     WAC 388-78A-2462 Background check--Washington state--Who is required to have. (1) Applicants, as defined in WAC 388-78A-2740, are required to have a Washington state background check before licensure.

     (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 who may have unsupervised access to residents.

NEW SECTION

     WAC 388-78A-2463 Background check--National fingerprint checks--Who is required to have. (1) After January 1, 2012, applicants for a boarding home license must have a background check that includes a national fingerprint-based background check.

     (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.

     (3) For the purpose of this section, the term "caregiver" has the same meaning as the term "long-term care worker" as defined in RCW 74.39A.009.

NEW SECTION

     WAC 388-78A-2465 Background check--Results. (1) The boarding home must not allow the persons listed in WAC 388-78A-2462(2) to have unsupervised access to residents until the boarding home receives background check results from the department verifying that the person does not have any convictions, or findings described in WAC 388-78A-2470.

     (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 other appropriate licensing or certification agency of any person resigning or terminated as a result of having a conviction record.

AMENDATORY SECTION (Amending WSR 10-03-066, filed 1/15/10, effective 2/15/10)

     WAC 388-78A-2470 Background check--Employment-disqualifying information. (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: The boarding home must not allow an individual described in WAC 388-78A-2462 to have unsupervised access to residents, as defined in RCW 43.43.830, if the individual has been:

     (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;

     (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;

     (3) Convicted of:

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

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

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

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

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

     (5) Convicted of criminal mistreatment;

     (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;

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

     (a) Been f 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) (8): A finding of abuse, or neglect of a child that is Found to have abused or neglected a child and that finding 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) (9) A finding of abuse, neglect, exploitation or abandonment of a vulnerable adult that is: Found to have abused, neglected, financially exploited or abandoned a vulnerable adult and that finding is:

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

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

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

[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.]

NEW SECTION

     WAC 388-78A-2474 Training and home care aide certification. (1) The boarding home must ensure staff persons hired before January 1, 2011 meet training requirements in effect on the date hired, including requirements in chapter 388-112 WAC.

     (2) The boarding home must ensure all boarding home administrators, or their designees, and caregivers hired on or after January 1, 2011 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 primary special needs.;

     (d) Cardiopulmonary resuscitation and first aid; and

     (e) Continuing education.

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

     (4) Under RCW 18.88B.040 and chapter 246-980 WAC, certain persons including 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 are exempt from long-term care worker training requirements.; and

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

     (5) For the purpose of this section, the term "caregiver" has the same meaning as the term "long-term care worker" as defined in RCW 74.39A.009.

     The changes were made because:

     Of the comments received to make the requirements clearer.

SUMMARY OF COMMENTS RECEIVED	THE DEPARTMENT CONSIDERED ALL THE COMMENTS. THE ACTIONS TAKEN IN RESPONSE TO THE COMMENTS, OR THE REASONS NO ACTIONS WERE TAKEN, FOLLOW.
General: Concern about the length of time it takes to process background checks.	This comment will be forwarded to DSHS's background check central unit (BCCU), which is responsible for background check processing issues.
	The department's turnaround time for processing background checks has decreased dramatically due to a number of improvements within the background check unit. As of July 20 2010, general background checks are processed in five business days. Priority processing (for new hires) takes two business days.
As defined in WAC 388-78A-2020 replace the term "caregiver" with definitions for "direct care worker" and "long-term care worker" to eliminate confusion.	WAC 388-78A-2020, definition is currently not open for amendment.
	The following statement was added to WAC 388-78A-2463 and 388-78A-2474: "For the purpose of this section, the term "caregiver" has the same meaning as the term "long-term care worker" as defined in RCW 74.39A.009."
	There are numerous sections in the WAC chapter that include the terms caregiver and staff. We will be looking at the use of terms at a later WAC chapter review.
WAC 388-78A-2450, proposed changes in this WAC and chapter 388-112 WAC, eliminate the orientation training requirement for certain staff, such as volunteers, making it inconsistent with statutory requirements.	No change was made.
	WAC 388-78A-2450 (2)(h) includes requirements for the boarding home to provide staff orientation and appropriate training for expected duties. Staff person is broadly defined in the definition section and includes volunteers.
	Details about this training requirement can be found in chapter 388-112 WAC. All comments or concerns related to training requirements have been forwarded to the DSHS division responsible for implementing the training requirements.
WAC 388-78A-2462, concern about requiring background checks for all contracted personnel.	A clarifying change was made.
	Returned to current rule language in regards to contractors.
WAC 388-78A-2463, the requirement to have applicants for boarding home license obtain national fingerprint background check goes beyond the language in the initiative and statute.	No change was made.
	The rules affecting long-term care workers are explicitly and specifically required by law (chapters 74.39A and 18.88B RCW) and the rules affecting applicants are procedural rules as defined in RCW 34.05.328 (5)(c)(i).
WAC 388-78A-2465(1), requiring all newly-hired staff to work with direct supervision while pending background check is unreasonable due to the amount of time (up to three months) it takes to process background checks.	No change was made.
	There is no reference to "direct supervision" in WAC 388-78A-2465(1) only "unsupervised access."
	Under RCW 18.20.125(4) no licensee, administrator, or staff, or prospective licensee, administrator, or staff, with a stipulated finding of fact, conclusion of law, and agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into the state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults.
WAC 388-78A-2465 (3)(c), unclear about the requirement for providers to notify both the department and the licensing agency about resignations/terminations due to background check result.	A clarifying change was made.
	For clarity the word "other" was added before "appropriate licensing or certification agency" to distinguish DSHS from other agencies, e.g. the department of health.
WAC 388-78A-2470, this section is in conflict with WAC 388-78A-2468 Conditional hires; and clarity needed to distinguish disqualifying crimes from those findings limiting the ability of an individual from providing unsupervised care.	A clarifying change was made.
	The section was changed to clarify that the boarding home must not allow unsupervised access to residents if an individual has crimes or findings listed in WAC 388-78A-2470 as defined in RCW 43.43.830. The boarding home makes the decision who to hire.
Unclear about the definition of the word "successful."	The reference to "successful background check" was deleted with the above clarifying language.
Include in this section the information on requesting an exception to rule for certain disqualifying crimes, e.g. drug crimes.	No change made.
	Exceptions to rule are handled on a case-by-case basis and are not put in WAC.
WAC 388-78A-2474, add "under RCW 18.88B.040 and chapter 246-980 WAC" to clarify who is exempt from the long-term care worker training requirements.	A change was made to add the statutory and rule references.
	A clarifying change was also made requiring boarding homes to ensure that long-term care worker training and certification requirements are met.
WAC 388-78A-2490, 388-78A-2500, and 388-78A-2510, change the language to require specialty training if the developmental disability, mental illness or dementia is resident's "primary diagnosis" as opposed to "primary special need." This will make the sections consistent with WAC 388-78A-2474 (2)(c) that already refers to these special needs as "primary diagnoses."	The proposed language is consistent with chapter 388-112 WAC.
	To be consistent with WAC 388-78A-2490, 388-78A-2500, and 388-78A-2510 and chapter 388-112 WAC, a clarifying change was made to WAC 388-78A-2474 to delete "primary diagnosis" and insert "primary" "special needs."
	A clarifying change was also made requiring boarding homes to ensure that long-term care worker training and certification requirements are met.

     A final cost-benefit analysis is available by contacting Judy Johnson, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, fax (360) 438-7903, e-mail johnsjm1@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 3, 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 8, Amended 7, 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 11, Amended 8, Repealed 0.

     Date Adopted: July 29, 2010.

Susan N. Dreyfus

Secretary

     (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 who may have unsupervised access to residents.

[]

     (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.

     (3) For the purpose of this section, the term "caregiver" has the same meaning as the term "long-term care worker" as defined in RCW 74.39A.009.

[]

     (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 other 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))) The boarding home must not allow an individual described in WAC 388-78A-2462 to have unsupervised access ((by any individual described in subsection (1))) to residents, as defined in RCW 43.43.830, 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) The boarding home must not allow unsupervised access by any individual described in subsection (1), if the individual has:

     (a) Been)) (7) 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)) (8) Found to have abused or neglected ((of)) a child and that finding is:

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

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

     (((c) A finding of)) (9) Found to have abused, neglected, ((exploitation)) financially exploited or ((abandonment of)) abandoned a vulnerable adult and that finding is:

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

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

     (((iii))) (c) 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) The boarding home must ensure all boarding home administrators, or their designees, and caregivers hired on or after January 1, 2011 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 primary special needs;

     (d) Cardiopulmonary resuscitation and first aid; and

     (e) Continuing education.

     (3) The boarding home must ensure all persons listed in subsection (2) of this section, obtain the home-care aide certification required by chapter 246-980 WAC.

     (4) Under RCW 18.88B.040 and chapter 246-980 WAC, certain persons including registered nurses, licensed practical nurses, certified nursing assistants, or persons who are in an approved certified nursing assistant program are exempt from long-term care worker training requirements.

     (5) For the purpose of this section, the term "caregiver" has the same meaning as the term "long-term care worker" as defined in RCW 74.39A.009.

[]

     (((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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