EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: October 21, 2011.
Purpose: The department is extending emergency rules (previously filed as WSR 11-14-014) for sections of chapter 388-78A WAC to comply with and be consistent with ESHB 1548, Long-term care worker requirements. The new law delays implementation of long-term care worker home care aide certification, revised training requirements, and enhanced fingerprint-based background checks to begin with those hired on or after January 1, 2014. This law took effect immediately. The department has taken these steps to adopt the emergency rules as permanent rules: The department has filed an initial public notice (CR-101), WSR 11-13-094 on June 20, 2011. The department has shared drafts of the proposed rules with stakeholders. The department has filed a proposed rule notice (CR-102), WSR 11-17-134 on August 24, 2011, with a public hearing date of October 11, 2011. However, the department needs to file an emergency extension since the permanent rules will not be in effect in time.
Citation of Existing Rules Affected by this Order: Repealing WAC 388-78A-2463; and amending WAC 388-78A-2461, 388-78A-2467, and 388-78A-2474.
Statutory Authority for Adoption: Chapter 18.20 RCW.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.
Reasons for this Finding: The legislature has passed ESHB 1548 which postpones long-term care worker training and certification requirements and fingerprint background check requirements until January 1, 2014. This bill becomes effective immediately. This does not allow the department enough time to adopt rules through the regular rule adoption process.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 1.
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 3, Repealed 1.
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 3, Repealed 1.
Date Adopted: October 6, 2011.
Katherine I. Vasquez
Rules Coordinator
4304.2(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))) (3) 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).
[Statutory Authority: Chapters 18.20 and 74.39A RCW. 10-16-085, § 388-78A-2461, filed 7/30/10, effective 1/1/11.]
(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.
[Statutory Authority: Chapters 18.20 and 74.39A RCW. 10-16-085, § 388-78A-2467, filed 7/30/10, effective 1/1/11.]
(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)) that all staff receive appropriate training and orientation for their specific duties and responsibilities.
[Statutory Authority: Chapters 18.20 and 74.39A RCW. 10-16-085, § 388-78A-2474, filed 7/30/10, effective 1/1/11.]
The following section of the Washington Administrative Code is repealed:
| WAC 388-78A-2463 | Background check--National fingerprint checks--Who is required to have. |