SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed June 30, 2020, 9:01 a.m., effective July 31, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending and adding new sections to chapter 388-112A WAC, Residential long-term care services training. The rules include the following changes:
|•||WAC 388-112A-0010 contains technical corrections and adds new definition for adult family home training network, renewal period and special needs; |
|•||WAC 388-112A-0050, 388-112A-0060, 388-112A-0070, and 388-112A-0090 contain technical corrections on identifying qualifying credentials for exemption; |
|• ||WAC 388-112A-0125 (new section) clarifies employment and training records that caregivers should provide the employer, and what the home must review and verify prior to hire; |
|• ||WAC 388-112A-0490 and 388-112A-0495 correct language to be consistent with statutory requirements in RCW 18.20.270 and 70.128.230; |
|• ||WAC 388-112A-0590 clarifies when nurse delegation may be applied to the seventy-hour long-term care worker basic training; |
|• ||WAC 388-112A-0600 renumbers provisions for clarity; |
|• ||WAC 388-112A-0610, 388-112A-0611 (new section), and 388-112A-0612 (new section) clarify continuing education requirements, who needs to complete it each year, how many hours are required, and corresponding deadlines including for caregivers hired to return after a break in service. For the adult family home section, the proposed rule also clarifies continuing education requirements for safe food handling to match the requirement under RCW 70.128.250; |
|• ||WAC 388-112A-1020 clarifies curriculum approval and online training standards; |
|• ||WAC 388-112A-1240, 388-112A-1270, and 388-112A-1285 contain technical corrections to clarify instructor qualifications; and |
|• ||WAC 388-112A-0130 (new section) clarifies when and how a long-term care worker may be eligible to have their date of hire reset.|
The department filed a CR-102 Proposed rule making as WSR 18-19-108 on September 19, 2019, a supplemental CR-102 Proposed rule making as WSR 19-11-062 on May 15, 2019, and a second Supplemental CR-102 Proposed rule making as WSR 20-05-079 on February 18, 2020.
Citation of Rules Affected by this Order: New WAC 388-112A-0125, 388-112A-0130, 388-112A-0611 and 388-112A-0612; and amending WAC 388-112A-0010, 388-112A-0050, 388-112A-0060, 388-112A-0070, 388-112A-0090, 388-112A-0490, 388-112A-0495, 388-112A-0590, 388-112A-0600, 388-112A-0610, 388-112A-1020, 388-112A-1240, 388-112A-1270, and 388-112A-1285.
Adopted under notice filed as WSR 20-05-079 on February 18, 2020.
Changes Other than Editing from Proposed to Adopted Version: WAC 388-112A-0125 (2)(a), added the word "or" after the semicolon in (i), (ii), and (iii), and the word "and" following the semicolon in (v).
WAC 388-112A-0125, (3)(a), (3)(b) subsections deleted.
WAC 388-112A-0130, created this new section with language deleted from WAC 388-112A-0125.
WAC 388-112A-0490, added "demonstrate proof of completing specialty training."
WAC 388-112A-0495, omitted language for assisted living that is contained in language related to adult family homes.
WAC 388-112A-0495(4), added the following: "…the assisted living facility must ensure that a long term care worker employed by the facility demonstrates completion of, or completes and demonstrates…"
WAC 388-112A-0495(6), added using text of WAC 388-112A-0495(3).
WAC 388-112A-0600(1), replaced "caregiver's" with the term "long term care worker's."
WAC 388-112A-0611 (1)(a)(iii), amended the punctuation and numbering sequence as follows:
(iii) A certified nursing assistant;
(iv) A person with special education training and an endorsement granted by the Washington state office of superintendent of public instruction, as described in RCW 28A.300.010
(v) An assisted living facility or the administrator designee as provided under WAC 388-112A-0060.
WAC 388-112A-0611(e), added the word "initial" inserted before "certification."
WAC 388-112A-1020, changed the name of upcoming next home care aide manual to "fundamentals of caregiving."
WAC 388-112A-1020(1), added the word "amended."
WAC 388-112A-1020(2), removed the words "curriculum and instruction".
WAC 388-112A-1240 (4)(c)(i), changed "and religious organizations" to "or religious organizations."
A final cost-benefit analysis is available by contacting Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5310, phone 360-725-2495, fax 360-725-2646, TTY 1-800-833-6388, email email@example.com.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 4, Amended 14, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the 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 0, 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 4, Amended 14, Repealed 0.
Date Adopted: June 29, 2020.
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 20-15
issue of the Register.