WSR 16-14-037

PROPOSED RULES

[Filed June 28, 2016, 9:58 a.m.]

Preproposal statement of inquiry was filed as WSR 16-10-066.

Title of Rule and Other Identifying Information: The department is proposing to amend the following sections in chapter 388-76 WAC, Adult family home minimum licensing requirements: WAC 388-76-1000 Definitions, 388-76-10145 Qualifications—Licensed nurse as provider, entity representative or resident manager, 388-76-10463 Medication—Psychopharmacologic, 388-76-10535 Resident rights—Notice of change to services, 388-76-10540 Resident rights—Disclosure of fees and charges—Notice requirements—Deposits, 388-76-10650 Medical devices, 388-76-10655 Physical restraints, 388-76-10715 Doors—Ability to open, 388-76-10730 Grab bars and hand rails, 388-76-10825 Space heaters and stoves, 388-76-10845 Emergency drinking water supply, 388-76-10865 Emergency evacuation from adult family home, and 388-76-10895 Emergency evacuation drills—Frequency and participation. The department also is proposing to repeal WAC 388-76-10820 Resident evacuation capabilities and location of resident bedrooms and 388-76-10880 Emergency evacuation adult family home bedrooms.

Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on August 23, 2016, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 24, 2016.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 23, 2016.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by August 9, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending chapter 388-76 WAC to assure compliance with the requirements of SB [SSB] 5600 and to align rule language with the statute. Additionally, revisions to chapter 388-76 WAC are being made to improve the health and safety of residents, to account for changes in technology, and to reflect the language or intent of chapter 70.128 RCW. Other changes are beneficial to adult family home business owners.

The department is also repealing two sections in chapter 388-76 WAC to condense the emergency evacuation WAC.

Reasons Supporting Proposal: This amendment will ensure the department is in compliance with the newly passed law, and that rules are clear so that the rights and safety of residents are protected.

Statutory Authority for Adoption: Chapter 70.128 RCW.

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

Name of Agency Personnel Responsible for Drafting: Sherise Baltazar, P.O. Box 45600, Olympia, WA 98513, (360) 725-3204; Implementation: Candace Goehring, P.O. Box 45600, Olympia, WA 98513, (360) 725-2401; and Enforcement: Bett Schlemmer, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3) and 34.05.310 (4)(c), a small business economic impact statement is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(iii), a cost-benefit analysis is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.

June 22, 2016

Katherine I. Vasquez

Rules Coordinator