Effective Date of Rule: Immediately.

     Purpose: WAC 246-980-030, revising the deadline for nonexempt long-term care workers for submitting an application for a home care aide credential.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-980-030.

     Statutory Authority for Adoption: Chapter 18.88B RCW.

     Other Authority: Chapter 74.39A RCW.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: Elderly and vulnerable adults would be at risk of losing access to personal care services if their home care aides are unable to submit a timely application for a department of health credential. A CR-101 inquiry notice has been filed (WSR 13-01-094) and the department is working with stakeholders on development of proposed rules.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: March 25, 2013.

Mary C. Selecky

Secretary

OTS-5190.1

AMENDATORY SECTION(Amending WSR 10-15-103, filed 7/20/10, effective 1/1/11)

WAC 246-980-030   Can a nonexempt long-term care worker work before obtaining certification as a home care aide?   (1) A nonexempt long-term care worker may provide care before receiving certification as a home care aide if all the following conditions are met:

     (a) Before providing care, the long-term care worker must complete the training required by RCW 74.39A.073 (4)(a) and (b).

     (b) The long-term care worker must submit an application for home care aide certification to the department within ((three)) fourteen days of hire. An application is considered to be submitted on the date it is post-marked or, for applications submitted in person or on-line, the date it is accepted by the department.

     (2) The long-term care worker may not work for more than one hundred fifty calendar days from their date of hire without obtaining certification.

[Statutory Authority: Chapters 18.88B and 74.39A RCW. 10-15-103, § 246-980-030, filed 7/20/10, effective 1/1/11.]