WSR 11-18-101

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed September 7, 2011, 10:58 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-15-105.

Title of Rule and Other Identifying Information: Amending WAC 388-71-05832 and 388-71-05835 and creating new sections WAC 388-71-05833, 388-71-05834, 388-71-05836, and 388-71-05837 related to the implementation of long-term care worker safety training requirements.

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 October 11, 2011, at 10:00 a.m.

Date of Intended Adoption: October 12, 2011.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m., October 11, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 27, 2011, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Due to recent legislation (ESHB 1548) signed by the governor (which delays implementation of the Initiative 1029 long-term care worker training requirements until January 1, 2014), the department must revert to the long-term care worker training requirements that were in effect on December 31, 2010. The department is submitting one change to these rules that were in effect on December 31, 2010:

Adding rules to chapter 388-71 regarding safety training requirements for long-term care workers. Chapter 388-71 WAC refers to WAC 257-020 [257-05-020] through 257-040 [257-05-040] for specifying the safety training requirements (those requirements were part of the home care quality authority rules). Due to the elimination of funding for the home care quality authority, the home care referral registry is moved to the home and community services division effective July 1, 2010. The department is proposing moving requirements for safety training (that were in WAC 257-020 [257-05-020] through 257-040 [257-05-040]) into chapter 388-71 WAC.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 43.20A.710 and 74.08.090, chapter 43.43 RCW.

Statute Being Implemented: RCW 74.08.090.

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: Nancy Brubaker, P.O. Box 45600, Olympia, 98504-5600, (360) 725-2540; Implementation and Enforcement: Lorrie Mahar, P.O. Box 45600, Olympia, 98504-5600, (360) 725-2549.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These changes do not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. See above.

August 31, 2011

Katherine I. Vasquez

Rules Coordinator

4330.1
AMENDATORY SECTION(Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)

WAC 388-71-05832   What is safety training and is there a challenge test for safety training?   Safety training ((and applicable requirements are defined in WAC 257-05-020 through 257-05-240)) provides basic injury, illness and accident prevention information appropriate to the in-home setting and individuals served. No competency test is required.

There is no challenge test for safety training.

[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, 388-71-05832, filed 5/17/05, effective 6/17/05.]


NEW SECTION
WAC 388-71-05833   What content must be included in safety training?   Safety training may include the use of video tapes, audio tapes and other print or electronic media. Safety training consists of introductory information in the following areas:

(1) Safety planning and accident prevention, including but not limited to:

(a) Proper body mechanics;

(b) Fall prevention;

(c) Fire safety;

(d) In-home hazards;

(e) Long-term care worker safety; and

(f) Emergency and disaster preparedness.

(2) Standard precautions and infection control, including but not limited to:

(a) Proper hand washing;

(b) When to wear gloves and how to correctly put them on and take them off;

(c) Basic methods to stop the spread of infection;

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

(e) Appropriate disposal of contaminated/hazardous articles;

(f) Reporting exposure to contaminated articles; and

(g) What to do when sick or injured, including whom to report this to.

(3) Basic emergency procedures, including but not limited to:

(a) Evacuation preparedness;

(b) When and where to call for help in an emergency;

(c) What to do when a client is falling or falls;

(d) Location of any advanced directives and when they are given; and

(e) Basic fire emergency procedures.

One hour of completed classroom instruction or other form of training (such as video or on-line course) equals one hour of training. The training entity must establish a way for the long-term care worker to ask the instructor questions.

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NEW SECTION
WAC 388-71-05834   When does a safety training attestation process need to be completed?   All individual providers must contact the training partnership and follow their procedures to confirm that they have completed the training, once it is completed.

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AMENDATORY SECTION(Amending WSR 04-02-001, filed 12/24/03, effective 1/24/04)

WAC 388-71-05835   ((What is competency testing)) Who is required to complete safety training, when, and how often must it be completed?   ((Competency testing, including challenge testing, is evaluating a trainee to determine if they can demonstrate the required level of skill, knowledge, and/or behavior with respect to the identified learning outcomes of a particular course)) (1) All individual providers must complete safety training within fourteen calendar days after beginning to work with their first DSHS consumer. Safety training must be provided by the training partnership.

(2) There is no requirement for periodic refresher safety training.

[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, recodified as 388-71-05835, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05938, filed 4/30/02, effective 5/31/02.]


NEW SECTION
WAC 388-71-05836   Will DSHS deny payment of an individual provider who does not complete safety training?   DSHS will deny payment of an individual provider who does not confirm through the training partnership that they completed safety training within fourteen calendar days after beginning to work with their first DSHS consumer.

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NEW SECTION
WAC 388-71-05837   What is competency testing:   Competency testing, including challenge testing, is evaluating a trainee to determine if they can demonstrate the required level of skill, knowledge, and/or behavior with respect to the identified learning outcomes of a particular course.

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Washington State Code Reviser's Office