WSR 20-20-077

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed October 2, 2020, 11:31 a.m.]

Original Notice.

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Title 246 WAC, the department of health (DOH) is proposing to repeal AIDS education and training requirements that fall under the authority of the secretary of health, in support of ESHB 1551 Modernizing the control of certain communicable diseases.

Hearing Location(s): On November 18, 2020, at 9:30 a.m. In response to the coronavirus disease 2019 (COVID-19) public health emergency, DOH will not provide a physical location for this hearing. This promotes social distancing and the safety of the citizens of Washington state. A virtual public hearing, without a physical meeting space, will be held instead. To register for this hearing go to https://attendee.gotowebinar.com/register/6232914124501564427. After registering, you will receive a confirmation email containing information about joining the webinar.

Date of Intended Adoption: November 25, 2020.

Submit Written Comments to: Hope Kilbourne, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, hope.kilbourne2@doh.wa.gov, by November 18, 2020.

Assistance for Persons with Disabilities: Contact Hope Kilbourne, phone 360-236-4622, fax 360-236-2901, TTY 711, email hope.kilbourne2@doh.wa.gov, by November 10, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In support of ESHB 1551, DOH is proposing to repeal AIDS education and training requirements for professions and facilities under the secretary of health's authority. These rules detail the definitions, acceptable training, education, and documentation requirements for health professionals and employees concerning AIDS profession-specific rules including the number of hours of training required. The following requirements are being considered for repeal. Professions under the secretary's authority that are not listed below have chosen to repeal rules separately.

Health professions: Administrative procedures and requirements for credentialed health care providers. Part 8, AIDS prevention and information education requirements: WAC 246-12-250, 246-12-260, 246-12-270, 246-12-280.

Counselors: WAC 246-810-080.

Chemical dependency professionals and chemical dependency professionals trainees: WAC 246-811-035 (1)(d) and 246-811-075.

Dental hygienists: WAC 246-815-020(4) and 246-815-100(5).

Dieticians or nutritionists: WAC 246-822-120 (1)(b), (2)(d) and (3)(d) and 246-822-170 (AIDS education requirement only).

Dispensing opticians: WAC 246-824-045(4), 246-824-071(2), 246-824-170.

Genetic counselors: WAC 246-825-060(3) and 246-825-080(1)(d).

Medical assistants: WAC 246-827-0220 (1)(e), 246-827-0300(4), 246-827-0410(4), 246-827-0510(4).

Forensic phlebotomists: WAC 246-827A-0040(3).

Certified reflexologists: WAC 246-831-010 (2)(c)(iv) and 246-831-060 (2)(c).

Ocularists: WAC 246-849-110.

Orthotics and prosthetics rules: WAC 246-850-030(5).

Athletic trainers: WAC 246-916-010(3) and 246-916-030(4).

Radiological technologists: WAC 246-926-200.

Recreation therapists: WAC 246-927-010.

Respiratory care practitioners: WAC 246-928-550.

Sex offender treatment provider: WAC 246-930-020 (2)(f).

Surgical technologist program: WAC 246-939-020 (2)(a).

Certified animal massage therapists: WAC 246-940-020(4) and 246-940-040(5).

Home care aide rules: WAC 246-980-040 (1)(d).

Facilities: Ambulatory surgical facilities: WAC 246-330-140(6).

Childbirth centers: WAC 246-329-110 (1)(g).

Hospital licensing regulations: WAC 246-320-156(9).

Private alcohol and chemical dependency hospitals: WAC 246-324-050 (12)(e) (HIV/AIDS training only) and 246-324-060.

Private psychiatric and alcoholism hospitals: WAC 246-322-050 (12)(e) and 246-322-060.

Reasons Supporting Proposal: ESHB 1551 repeals statutes concerning AIDS education and training for emergency medical personnel, health professionals, and health care facility employees intended to help reduce the stigma towards people living with HIV/AIDS by not isolating AIDS as an exceptional disease that requires specific training and education separate from other health conditions.

This bill repeals the statutory authority supporting these requirements. Repealing AIDS education and training requirements within Title 246 WAC, supports reducing the stigma towards people living with HIV/AIDS.

Statutory Authority for Adoption: RCW 18.19.050, 18.29.130, 18.29.210, 18.34.120, 18.46.060, 18.55.095, 18.84.040, 18.88B.060, 18.89.050, 18.130.050, 18.138.070, 18.155.040, 18.200.050, 18.205.060, 18.215.040, 18.230.040, 18.240.050, 18.250.020, 18.290.020, 18.360.030, 18.360.070, 70.41.030, 70.230.020, 71.12.670, and 18.108.085.

Statute Being Implemented: ESHB 1551 (chapter 76, Laws of 2020); RCW 70.24.260, 70.24.270, 70.24.310.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DOH, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Hope Kilbourne, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4622.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules, the content of which is explicitly and specifically dictated by statute.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.

October 1, 2020

Jessica Todorovich

Chief of Staff

for John Wiesman, DrPH, MPH

Secretary

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-12-250	Definitions.
WAC 246-12-260	Who must obtain AIDS education?
WAC 246-12-270	Acceptable AIDS education and training.
WAC 246-12-280	What is acceptable documentation?

AMENDATORY SECTION(Amending WSR 09-07-050, filed 3/11/09, effective 4/11/09)

WAC 246-320-156Management of human resources.

This section ensures that hospitals provide competent staff consistent with scope of services.

Hospitals must:

(1) Establish, review, and update written job descriptions for each job classification;

(2) Conduct periodic staff performance reviews;

(3) Assure qualified staff available to operate each department including a process for competency, skill assessment and development;

(4) Assure supervision of staff;

(5) Document verification of staff licensure, certification, or registration;

(6) Complete tuberculosis screening for new and current employees consistent with the Guidelines for Preventing the Transmission of Mycobacterium Tuberculosis in Healthcare Facilities, 2005. Morbidity Mortality Weekly Report (MMWR) Volume 54, December 30, 2005;

(7) Orient staff to their assigned work environment;

(8) Give infection control information to staff upon hire and annually which includes:

(a) Education on general infection control according to chapter 296-823 WAC bloodborne pathogens exposure control;

(b) Education specific to infection control for multidrug-resistant organisms; and

(9) Establish and implement an education plan that verifies or arranges for the training of staff on prevention, transmission, and treatment of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) consistent with RCW 70.24.310)).

AMENDATORY SECTION(Amending WSR 95-22-012, filed 10/20/95, effective 11/20/95)

WAC 246-322-050Staff.

The licensee shall:

(1) Employ sufficient, qualified staff to:

(a) Provide adequate patient services;

(b) Maintain the hospital free of safety hazards; and

(2) Develop and maintain a written job description for the administrator and each staff position;

(3) Maintain evidence of appropriate qualifications and current credentials prior to hiring, or granting or renewing clinical privileges or association of any health care professional;

(4) Verify work references prior to hiring staff;

(5) Assure all patient-care staff including those transporting patients and supervising patient activities, except licensed staff whose professional training exceeds first-responder training, have within thirty days of employment:

(a) Current cardiopulmonary resuscitation cards from instructors certified by the American Red Cross, American Heart Association, United States Bureau of Mines, or Washington state department of labor and industries; and

(b) Current first-aid cards from instructors certified as in (a) of this subsection;

(6) Provide and document orientation and appropriate training for all staff, including:

(a) Organization of the hospital;

(b) Physical layout of hospital, including buildings, departments, exits, and services;

(d) Infection control;

(e) Specific duties and responsibilities;

(f) Policies, procedures, and equipment necessary to perform duties;

(g) Patient rights according to chapters 71.05 and 71.34 RCW and patient abuse;

(h) Managing patient behavior; and

(i) Appropriate training for expected duties;

(7) Make available an ongoing, documented, in-service education program((,)) including, but not limited to:

(a) For each staff person, training to maintain and update competencies needed to perform assigned duties and responsibilities; and

(b) For patient care staff, in addition to (a) of this subsection, the following training:

(i) Methods of patient care;

(ii) Using the least restrictive alternatives;

(iii) Managing assaultive and self-destructive behavior;

(iv) Patient rights pursuant to chapters 71.05 and 71.34 RCW;

(v) Special needs of the patient population, such as children, minorities, elderly, and individuals with disabilities;

(vi) Cardiopulmonary resuscitation; and

(vii) First-aid training;

(8) When volunteer services are used within the hospital:

(a) Designate a qualified employee to be responsible for volunteer services;

(b) Provide and document orientation and training according to subsections (6) and (7) of this section for each volunteer; and

(9) In addition to following WISHA requirements, protect patients from tuberculosis by requiring each staff person to have upon employment or starting service, and each year thereafter during the individual's association with the hospital:

(a) A tuberculin skin test by the Mantoux method, unless the staff person:

(i) Documents a previous positive Mantoux skin test, which is ten or more millimeters of induration read at forty-eight to seventy-two hours;

(ii) Documents meeting the requirements of this subsection within the six months preceding the date of employment; or

(iii) Provides a written waiver from the department or authorized local health department stating the Mantoux skin test presents a hazard to the staff person's health;

(b) A second test one to three weeks after a negative Mantoux skin test for staff thirty-five years of age or older; and

(10) Report positive chest X-rays to the appropriate public health authority, and follow precautions ordered by a physician or public health authority;

(11) Restrict a staff person's contact with patients when the staff person has a known communicable disease in the infectious stage which is likely to be spread in the hospital setting or by casual contact; and

(12) Maintain a record on the hospital premises for each staff person, during employment and for two years following termination of employment((,)) including, but not limited to:

(a) An employment application;

(b) Verification of required education, training and credentials;

(d) Criminal history disclosure and background checks as required in WAC 246-322-030;

(e) ((Verification of current cardiopulmonary resuscitation, first-aid and HIV/AIDS training;

(f))) Tuberculin test results, reports of X-ray findings, exceptions, physician or public health official orders, and waivers; and

(((g)))(f) Annual performance evaluations.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-322-060

HIV/AIDS education and training.

AMENDATORY SECTION(Amending WSR 95-22-013, filed 10/20/95, effective 11/20/95)

WAC 246-324-050Staff.

The licensee shall:

(1) Employ sufficient, qualified staff to:

(a) Provide adequate patient services;

(b) Maintain the hospital free of safety hazards; and

(2) Develop and maintain a written job description for the administrator and each staff position;

(3) Maintain evidence of appropriate qualifications and current credentials prior to hiring, or granting or renewing clinical privileges or association of any health care professional;

(4) Verify work references prior to hiring staff;

(b) Current first-aid cards from instructors certified as in (a) of this subsection((;)).

(6) Provide and document orientation and appropriate training for all staff, including:

(a) Organization of the hospital;

(b) Physical layout of hospital, including buildings, departments, exits, and services;

(d) Infection control;

(e) Specific duties and responsibilities;

(f) Policies, procedures, and equipment necessary to perform duties;

(g) Patient rights according to chapters 71.05 and 71.34 RCW and patient abuse;

(h) Managing patient behavior; and

(i) Appropriate training for expected duties((;)).

(7) Make available an ongoing, documented, in-service education program((,)) including, but not limited to:

(a) For each staff person, training to maintain and update competencies needed to perform assigned duties and responsibilities; and

(b) For patient care staff, in addition to (a) of this subsection, the following training:

(i) Methods of patient care;

(ii) Using the least restrictive alternatives;

(iii) Managing assaultive and self-destructive behavior;

(iv) Patient rights pursuant to chapters 71.05 and 71.34 RCW;

(v) Special needs of the patient population, such as children, minorities, elderly, and individuals with disabilities;

(vi) Cardiopulmonary resuscitation; and

(vii) First-aid training((;)).

(8) When volunteer services are used within the hospital:

(a) Designate a qualified employee to be responsible for volunteer services;

(b) Provide and document orientation and training according to subsections (6) and (7) of this section for each volunteer; and

(a) A tuberculin skin test by the Mantoux method, unless the staff person:

(i) Documents a previous positive Mantoux skin test, which is ten or more millimeters of induration read at forty-eight to seventy-two hours;

(ii) Documents meeting the requirements of this subsection within the six months preceding the date of employment; or

(iii) Provides a written waiver from the department or authorized local health department stating the Mantoux skin test presents a hazard to the staff person's health((;)).

(b) A second test one to three weeks after a negative Mantoux skin test for staff thirty-five years of age or older; and

(10) Report positive chest X-rays to the appropriate public health authority, and follow precautions ordered by a physician or public health authority;

(12) Maintain a record on the hospital premises for each staff person, during employment and for two years following termination of employment((,)) including, but not limited to:

(a) An employment application;

(b) Verification of required education, training and credentials;

(d) Criminal history disclosure and background checks as required in WAC 246-324-030;

(e) Verification of current cardiopulmonary resuscitation((,))and first-aid ((and HIV/AIDS training));

(f) Tuberculin test results, reports of X-ray findings, exceptions, physician or public health official orders, and waivers; and

(g) Annual performance evaluations.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-324-060

HIV/AIDS education and training.

AMENDATORY SECTION(Amending WSR 07-07-075, filed 3/16/07, effective 4/16/07)

WAC 246-329-110Personnel policy and procedures and records.

The purpose of this section is to ensure the birth center provides direction and standards in the employment, contracting and recording of personnel procedures.

(1) A childbirth center applicant or licensee must establish and implement policy and procedures which include, but are not limited to:

(a) For those birth centers operated by an employer as defined by RCW 49.60.040(3), employment criteria consistent with chapter 49.60 RCW;

(b) Job descriptions for employees, contractor agreements, volunteer responsibility statements and agreements with students commensurate with responsibilities and consent with health care professional credentialing and scope of practice as defined in relevant practice acts and associated rules;

(d) Orientation to current agency policies and procedures and verification of skills or training for all clinical staff;

(e) Current neonatal and adult cardiopulmonary resuscitation training consistent with agency policies and procedures and community standards for all clinical staff;

(f) Infection control practices for clinical staff including communicable disease testing, immunization, vaccination and universal precautions or equivalent method of preventing the transmission of infection according to current local health authorities and shall include the availability of equipment necessary to implement plans of care and infection control policies and procedures;

(i) Birth centers must establish and implement a TB screening program for personnel;

(ii) Birth centers must provide or offer to employees Hepatitis B vaccination according to WAC 296-62-08001; and

(iii) Birth centers must assure that all contractors have received or been offered Hepatitis B vaccination according to WAC 296-62-08001;

(g) ((Verification of appropriate education and training of all personnel, contractors, student and volunteers on the prevention, transmission, and treatment of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) consistent with RCW 70.24.310;

(h))) Performance evaluations of all personnel, including evaluations of contractor and student agreements to be conducted per birth center's policy and procedure; and

(((i)))(h) Washington state patrol criminal background inquiries and disclosure statements under RCW 43.43.830 through 43.43.845 for the administrator, owner, director of services and personnel, contractors, volunteers, students, and any other individual associated with the licensee who has direct contact with children under sixteen years of age, people with developmental disabilities or vulnerable adults.

(2) Each employee, contractor, student and volunteer shall have a current record maintained by the birth center which contains, but is not limited to, the following information:

(a) Documentation of the items stated above in subsection (1)(b) through (e) ((and)), (g) ((through (i))), and (h) of this section.

(b) Evidence of communicable disease testing as required by local health authorities and per birth center policy and procedures and shall include, at a minimum, documented evidence of tuberculin (TB) screening as required in WAC 246-329-110 (1)(f) and documented evidence of Hepatitis B vaccination being provided or offered according to WAC 296-62-08001.

AMENDATORY SECTION(Amending WSR 09-09-032, filed 4/7/09, effective 5/8/09)

WAC 246-330-140Management of human resources.

This section ensures that ambulatory surgical facilities provide competent staff consistent with scope of services.

Ambulatory surgical facilities must:

(1) Create and periodically review job descriptions for all staff;

(2) Supervise staff performance to assure competency;

(3) Verify and document licensure, certification, or registration of staff;

(4) Complete tuberculosis screening for new and current employees consistent with the Guidelines for Preventing the Transmission of Mycobacterium Tuberculosis in Healthcare Facilities, 2005. Morbidity Mortality Weekly Report (MMWR) Volume 54, December 30, 2005;

(5) Provide infection control information to staff upon hire and annually which includes:

(a) Education on general infection control according to chapter 296-823 WAC blood borne pathogens exposure control; and

(b) General and specific infection control measures related to patient care.

(((6) Establish and implement an education plan that verifies staff training on prevention, transmission, and treatment of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) consistent with RCW 70.24.310.))

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-810-080

What are the requirements for AIDS prevention and information education?

AMENDATORY SECTION(Amending WSR 20-12-074, filed 6/1/20, effective 7/2/20)

WAC 246-811-035Certification of a substance use disorder professional trainee.

(1) The department of health will issue a substance use disorder professional trainee certificate to an individual who:

(a) Submits an application on forms the department provides;

(b) Includes written documentation to meet the eligibility criteria;

(c) Declares that he or she is enrolled in an approved school and gaining the experience required to receive a substance use disorder professional credential((;

(d) Submit evidence of completion of four clock hours of AIDS education. The requirement of WAC 246-811-030 (2)(g) will satisfy this requirement)).

(2) A substance use disorder professional trainee must submit a signed declaration with their annual renewal that states they are enrolled in an approved education program, or have completed the educational requirements, and are obtaining the experience requirements for a substance use disorder professional credential.

(3) A substance use disorder professional trainee certificate can only be renewed four times.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-811-075

AIDS prevention and information education requirements.

AMENDATORY SECTION(Amending WSR 18-21-141, filed 10/19/18, effective 11/19/18)

WAC 246-815-020Dental hygiene licensure—Eligibility and application requirements.

An applicant for a dental hygiene license shall submit to the department the following:

(1) An initial application on forms provided by the department;

(2) The fee required under WAC 246-815-990;

(3) Proof of successful completion of the Washington state dental hygiene drug and law jurisprudence exam as required by the department;

(4) ((Proof of completion of seven clock hours of HIV/AIDS education as required in chapter 246-12 WAC, Part 8;

(5))) Official transcripts verifying successful completion of an approved dental hygiene education program and proof of successful completion of any applicable expanded education programs approved under WAC 246-815-030. Official transcripts must be sent directly to the department by the dental hygiene education program(s). No other proof of successful completion is acceptable;

(((6)))(5) Official verification of passing the National Board Dental Hygiene written examination, as offered by the American Dental Association. Official verification must be sent directly to the department from the American Dental Association Department of Testing Services; and

(((7)))(6) Official verification of passing the dental hygiene examinations as required in WAC 246-815-050. Official verification must be sent directly to the department from the testing agency.

AMENDATORY SECTION(Amending WSR 18-21-141, filed 10/19/18, effective 11/19/18)

WAC 246-815-100Licensure by interstate endorsement of credentials.

An individual may be eligible for a Washington state dental hygiene license if the applicant:

(1) Has successfully completed a dental hygiene education program in compliance with the requirements listed in WAC 246-815-030.

(2) Holds a valid, current, nonlimited license in another state.

(3) Has been currently engaged in clinical practice at any time within the previous year as a dental hygienist in another state or in the discharge of official duties in the United States Armed Services, Coast Guard, Public Health Services, United States Department of Veteran Affairs, or Bureau of Indian Affairs. Verification of licensure must be obtained from the state of licensure, and any fees for verification required by the state of licensure must be paid by the applicant.

(4) Has successfully completed a dental hygiene examination where the other state's licensing standards are substantively equivalent to the licensing standards in the state of Washington. The other state's examination must have included the following portions and standards of competency.

(a) Written tests - The written tests mean the National Board of Dental Hygiene examination as required in WAC 246-815-020.

(b) Practical tests - All portions must be graded anonymously by calibrated practicing dental hygienists or dental hygienists and dentists. Examiners will be calibrated to the standards of competency. The examination must have equivalent patient selection criteria for the patient evaluation, prophylaxis and anesthesia portions. In lieu of the WREB or CRDTS practical tests, the secretary may accept substantially equivalent tests. The practical tests include:

(i) Patient evaluation clinical competency including an extra-oral and intra-oral examination;

(ii) Prophylaxis clinical competency;

(iii) Anesthesia clinical competency; and

(iv) Restorative clinical competency.

(c) If the secretary finds that another state's licensing standards are substantively equivalent except for portion(s) of the examination, the applicant may take that portion(s) to qualify for interstate endorsement. The applicant must successfully complete the portion(s) of the exam to qualify for interstate endorsement.

(5) ((Has completed seven clock hours of HIV/AIDS education as required in chapter 246-12 WAC, Part 8.

(6))) Has passed the Washington state drug and law jurisprudence examination.

(((7)))(6) Submits a completed application on forms provided by the department.

(((8)))(7) Pays fees as required in WAC 246-815-990.

AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-822-120Application requirements.

(1) Individuals applying for certification as a certified dietitian must submit:

(a) A completed application form with fee; and

(b) ((Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8; and

(c))) Verification of current registration status with the commission on dietetic registration.

(2) Individuals applying for certification as a certified dietitian who have not passed the required written examination or who are not registered with the commission on dietetic registration must:

(a) Provide transcripts forwarded directly from the issuing college or university showing completion of a baccalaureate degree or higher in a major course of study in human nutrition, foods and nutrition, dietetics, or food management;

(b) Provide evidence of completion of a continuous preprofessional experience or coordinated undergraduate program in dietetics under the supervision of a qualified supervisor; and

(d) Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8)).

(3) Individuals applying for certification as a certified nutritionist must submit:

(a) A completed application form with fee; and

(b) Documentation that the applicant meets the application requirements for certified dietitians, as set forth in subsection (1) or (2) of this section; or

(c) Transcripts forwarded directly from the issuing college or university showing completion of a masters or doctorate degree in one of the following subject areas: Human nutrition, nutrition education, foods and nutrition, or public health nutrition((; and

(d) Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8)).

AMENDATORY SECTION(Amending WSR 92-02-018, filed 12/23/91, effective 1/23/92)

WAC 246-822-170Certification for dietitians—Grandfathering.

An individual may be certified as a certified dietitian if he or she provides evidence of meeting criteria for registration with the commission on dietetic registration on June 9, 1988((, and provides documentation of completion of the AIDS education requirements as set forth in WAC 246-822-110)).

AMENDATORY SECTION(Amending WSR 18-04-110, filed 2/7/18, effective 3/15/18)

WAC 246-824-045License application.

An applicant for a dispensing optician license must submit the following:

(1) A completed application on forms provided by the department;

(2) Proof of eligibility under WAC 246-824-040;

(3) Verification of passing the examination under WAC 246-824-040(4); and

(4) ((Proof of completing four clock hours of AIDS education and training as required by chapter 246-12 WAC, Part 8; and

(5))) Fees required under WAC 246-824-990.

AMENDATORY SECTION(Amending WSR 18-04-110, filed 2/7/18, effective 3/15/18)

WAC 246-824-071Applicants currently licensed in other states.

Before licensure to any individual currently licensed to practice as a dispensing optician in another state, as provided in chapter 18.34 RCW, applicants must provide evidence of:

(1) Verification of credential from any state and the state's substantially equivalent licensing standards;

(2) ((Completion of four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8;

(3))) Verification from all states in which the applicant has ever held a license, whether active or inactive, indicating that the applicant is not subject to charges or disciplinary action for unprofessional conduct or impairment.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-824-170

AIDS prevention and information education requirements.

AMENDATORY SECTION(Amending WSR 10-22-090, filed 11/1/10, effective 11/1/10)

WAC 246-825-060Licensure requirements.

(1) An applicant for licensure as a genetic counselor must:

(a) Have a master's degree from a genetic counseling training program that is accredited or was accredited at the time of the applicant's graduation by the ABGC or an equivalent program as determined by the ABGC; or

(b) Have a doctorate from a medical genetics training program that is accredited by ABMG or an equivalent program as determined by the ABMG; and

(2) Meet examination requirements under WAC 246-825-050; and

(3) ((Complete four clock hours of AIDS education and training as required under chapter 246-12 WAC, Part 8; and

(4))) Pay fees required under WAC 246-825-990(2); and

(((5)))(4) Provide any other written declarations or documentation, as required by the secretary.

AMENDATORY SECTION(Amending WSR 10-22-090, filed 11/1/10, effective 11/1/10)

WAC 246-825-080Licensure by endorsement.

(1) An applicant for licensure as a genetic counselor who is currently licensed under the laws of another state shall file an application with the department and submit:

(a) Documentation verifying that the applicant meets the education requirements under WAC 246-825-060;

(b) Documentation that the applicant holds an unrestricted active license to practice as a genetic counselor in another state;

(c) Proof of passing the ABGC certification examination or the ABMG general genetics and genetic counseling specialty examinations or the ABMG clinical genetics specialty or subspecialty certification examinations;

(d) ((Documentation of completion of four clock hours of AIDS education and training as required under chapter 246-12 WAC, Part 8;

(e))) Any other written declarations or documentation, as required by the secretary; and

(((f)))(e) Fees required under WAC 246-825-990(2).

(2) The secretary may examine an endorsement application to determine whether the licensing standards of the other state are substantially equivalent to the licensing standards in Washington state.

(3) An endorsement applicant may also apply for a temporary practice permit as established under WAC 246-12-050.

AMENDATORY SECTION(Amending WSR 13-12-045, filed 5/31/13, effective 7/1/13)

WAC 246-827-0220Medical assistant-certified—Application—Interim certification.

(1) Application requirements - Applicants for a medical assistant-certified credential shall submit the following:

(a) Completed application on forms provided by the department;

(b) Proof of completion of high school education or its equivalent;

(d) Proof of successful completion of an approved examination under WAC 246-827-0200(2), completed within five years prior to submission of an initial application for this credential;

(e) ((Proof of completing seven clock hours of AIDS education as required by chapter 246-12 WAC, Part 8;

(f))) Any fee required in WAC 246-827-990; and

(((g)))(f) Fingerprint cards for national fingerprint based background check pursuant to RCW 18.130.064(2), if requested by the department.

(2) An applicant who has met all the requirements in subsection (1) of this section, except passage of the examination, may be issued an interim certification.

(a) A person who has an interim certification possesses the full scope of practice of a medical assistant-certified.

(b) A person who has an interim certification must notify their employer any time they fail any of the examinations listed in WAC 246-827-0200(2).

(c) A person's interim certification expires upon issuance of the medical assistant-certified credential or one year after issuance of the interim certification, whichever occurs first.

(d) A person cannot renew an interim certification.

(e) A person is only eligible for an interim certification upon initial application.

AMENDATORY SECTION(Amending WSR 13-12-045, filed 5/31/13, effective 7/1/13)

WAC 246-827-0300Medical assistant-registered—Application.

Registration requirements - Applicants for a medical assistant-registered credential shall submit the following:

(1) A completed application on forms provided by the department;

(2) Proof of completion of high school education or its equivalent;

(3) An endorsement signed by a health care practitioner;

(4) ((Proof of completing seven clock hours of AIDS education as required by chapter 246-12 WAC, Part 8;

(5))) Any fee required in WAC 246-827-990; and

(((6)))(5) Fingerprint cards for national fingerprint based background check pursuant to RCW 18.130.064(2), if requested by the department.

AMENDATORY SECTION(Amending WSR 13-12-045, filed 5/31/13, effective 7/1/13)

WAC 246-827-0410Medical assistant-phlebotomist—Application.

Application requirements - Applicants for a medical assistant-phlebotomist credential shall submit the following:

(1) A completed application on forms provided by the department;

(2) Proof of completion of high school education or its equivalent;

(3) Proof of successful completion of a phlebotomy program through a postsecondary school or college accredited by a regional or national accrediting organization recognized by the U.S. Department of Education or successful completion of a phlebotomy training program as attested by the phlebotomy training program's supervising health care practitioner;

(4) ((Proof of completing seven clock hours of AIDS education as required by chapter 246-12 WAC, Part 8;

(5))) Any fee required in WAC 246-827-990; and

(((6)))(5) Fingerprint cards for national fingerprint based background check pursuant to RCW 18.130.064(2), if requested by the department.

AMENDATORY SECTION(Amending WSR 13-12-045, filed 5/31/13, effective 7/1/13)

WAC 246-827-0510Medical assistant-hemodialysis technician—Application.

Applicants for a medical assistant-hemodialysis technician credential shall submit the following:

(1) A completed application on forms provided by the department;

(2) Proof of high school education or equivalent;

(3) Proof of successful completion of an approved training program or proof of national credential as a hemodialysis technician;

(4) ((Proof of completing seven clock hours of AIDS education as required by chapter 246-12 WAC, Part 8;

(5))) Current cardiopulmonary resuscitation certification;

(((6)))(5) Any fee required in WAC 246-827-990; and

(((7)))(6) Fingerprint cards for national fingerprint based background check pursuant to RCW 18.130.064(2), if requested by the department.

AMENDATORY SECTION(Amending WSR 19-09-063, filed 4/16/19, effective 5/17/19)

WAC 246-827A-0040Application requirements.

An applicant for a forensic phlebotomist credential must submit the following to the department:

(1) Completed application on forms provided by the department;

(2) Proof of successful completion of the required education or approved training program described under WAC 246-827A-0030;

(3) ((Proof of completing seven clock hours of HIV/AIDS education as required by chapter 246-12 WAC, Part 8;

(4))) Proof of current employment as a law enforcement or police officer, or current employment at a detention or correction facility;

(((5)))(4) Any fee required in WAC 246-827A-990;

(((6)))(5) Fingerprint cards for national fingerprint based background check pursuant to RCW 18.130.064(2), if requested by the department; and

(((7)))(6) Any additional documentation or information requested by the department.

AMENDATORY SECTION(Amending WSR 13-12-044, filed 5/31/13, effective 7/1/13)

WAC 246-831-010Credentialing requirements.

(1) An applicant for a reflexologist certification must be eighteen years of age or older.

(2) An applicant for a reflexologist certification must submit to the department:

(a) A completed application on forms provided by the secretary;

(b) Fees as required in WAC 246-831-990;

(i) A reflexology education program approved by the secretary;

(ii) An examination approved by the secretary;

(iii) A jurisprudence examination approved by the secretary((;

(iv) Four hours of AIDS education and training as required in chapter 246-12 WAC, Part 8)).

(d) Any additional documents or information requested by the secretary.

AMENDATORY SECTION(Amending WSR 13-12-044, filed 5/31/13, effective 7/1/13)

WAC 246-831-060Waiver of examination.

An applicant may obtain a waiver of the examination for certification as a reflexologist.

(1) The applicant must apply for certification between July 1, 2013 and July 1, 2014.

(2) In addition to the requirements in RCW 18.108.131, the applicant must provide to the department:

(a) A completed application on forms provided by the secretary;

(b) Fees as required in WAC 246-831-990; and

(d))) Evidence of completion of a jurisprudence examination approved by the secretary.

(3)(a) Verification that the applicant has practiced reflexology as a licensed massage practitioner for at least five years prior to July 1, 2013; or

(b) Evidence satisfactory to the secretary that the applicant has, prior to July 1, 2013, successfully completed a course of study in a reflexology program approved by the secretary.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-849-110

AIDS prevention and information education requirements.

AMENDATORY SECTION(Amending WSR 19-09-065, filed 4/16/19, effective 5/17/19)

WAC 246-850-030Application requirements.

An applicant for licensure shall submit to the department the following:

(1) A completed application and fee as required in chapter 246-12 WAC, Part 2;

(2)(a) Official transcripts, certificate, or other documentation forwarded directly from the issuing agency where the applicant has earned a bachelor degree or completed a certificate program from a program accredited by NCOPE or CAAHEP, or any other accrediting body with substantially equivalent requirements;

(b) Documentation of successful completion of the clinical patient management course, if the applicant completes education requirements for licensure on or after January 1, 2020;

(3) Documentation of completion of an approved internship or residency as described in WAC 246-850-050;

(4) Documentation of successful completion of licensing examinations as approved by the secretary;

(5) ((Verification of four clock hours of HIV/AIDS education as required in chapter 246-12 WAC, Part 8;

(6))) Verification from all states in which the applicant holds or has held a license, whether active or inactive, indicating that the applicant is or has not been subject to charges or disciplinary action for unprofessional conduct or impairment; and

(((7)))(6) Additional documentation as required by the secretary to determine whether an applicant is eligible for licensure.

AMENDATORY SECTION(Amending WSR 08-11-060, filed 5/16/08, effective 7/1/08)

WAC 246-916-010Licensure requirements.

To be eligible for licensure, applicants must provide evidence of:

(1) Completion of an approved educational program as determined in WAC 246-916-020; and

(2) Attaining a passing score on the examination administered by the board of certification for athletic trainers (BOC) or its predecessor or successor organization as approved by the secretary; and

(3) ((Completion of seven clock hours of AIDS education and training as required in chapter 246-12 WAC, Part 8; and

(4))) Any other written declarations or documentation, as required by the secretary.

AMENDATORY SECTION(Amending WSR 08-11-060, filed 5/16/08, effective 7/1/08)

WAC 246-916-030Applicants currently licensed in other states.

Before licensure may be issued to any individual currently licensed to practice as an athletic trainer in another state, as provided in chapter 18.250 RCW, applicants must provide evidence of:

(1) Having met the education requirements for licensure as defined in WAC 246-916-020; and

(2) Attaining a passing score on the examination as defined in WAC 246-916-010; and

(3) Verification of credential from any state; and

(4) ((Completion of seven clock hours of AIDS education and training as required in chapter 246-12 WAC, Part 8; and

(5))) Any other written declarations or documentation, as required by the secretary.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-926-200

AIDS prevention and information education requirements.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-927-010

How many hours of AIDS prevention and information education do I need?

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-928-550

Education and training in AIDS prevention is required for licensure as a respiratory care practitioner.

AMENDATORY SECTION(Amending WSR 05-12-014, filed 5/20/05, effective 6/20/05)

WAC 246-930-020Underlying credential as a health professional required.

(1) Under RCW 18.155.020(1), only credentialed health professionals may be certified as providers.

(2) A person who is credentialed as a health professional in a state or jurisdiction other than Washington may satisfy this requirement by submitting the following:

(a) A copy of the current nonexpired credential issued by the credentialing state;

(b) A copy of the statute, administrative regulation, or other official document of the issuing state which sets forth the minimum requirements for the credential;

(i) That the credential is in good standing;

(ii) That there is no disciplinary action currently pending; and

(iii) Listing any formal discipline actions taken by the issuing authority with regard to the credential;

(d) A statement signed by the applicant, on a form provided by the department, submitting to the jurisdiction of the Washington state courts for the purpose of any litigation involving his or her practice as a sex offender treatment provider; and

(e) A statement signed by the applicant on a form provided by the department, that the applicant does not intend to practice the health profession for which he or she is credentialed by another state within the state of Washington without first obtaining an appropriate credential to do so from the state of Washington, except as may be authorized by Washington state law((; and

(f) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8)).

(3) Underlying registration, certification, or licensure shall be maintained in good standing. If an underlying registration, certification, or licensure is not renewed or is revoked, certification as a sex offender treatment provider or affiliate sex offender treatment provider is revoked. If an underlying registration, certificate or license is suspended, the sex offender treatment provider certification is suspended. If there is a stay of the suspension of an underlying registration, certificate or license the sex offender treatment provider program must independently evaluate the reasonableness of a stay for the sex offender treatment provider.

AMENDATORY SECTION(Amending WSR 01-14-044, filed 6/29/01, effective 7/30/01)

WAC 246-939-020How do I register as a surgical technologist?

(1) How do I obtain a registration application?

(a) Applicant may obtain an application by contacting the department. Applicants must return the completed application to be registered.

(b) Completed original applications shall be sent to the department of health.

(2) Is there a requirement for education? (((a) Applicants must complete seven clock hours of AIDS education as required by RCW 70.24.270 and chapter 246-12 WAC, Part 8.

(b))) Registration does not require additional education.

AMENDATORY SECTION(Amending WSR 11-14-026, filed 6/24/11, effective 7/25/11)

WAC 246-940-020Certification requirements.

To qualify for certification, a candidate must:

(1) Successfully complete a three hundred hour training program approved by the secretary, that includes instruction in general animal massage techniques, kinesiology, anatomy, physiology, behavior, first-aid care and handling techniques:

(a) To practice animal massage on large animals, the three hundred hours of instruction must be related to the performance of animal massage on large animals;

(b) To practice animal massage on small animals, the three hundred hours of instruction must be related to the performance of animal massage on small animals;

(c) For certification in both small animal massage and large animal massage, the candidate must complete the training described in (a) and (b) of this subsection.

(2) Successfully complete a qualifying examination approved by the secretary:

(a) To practice animal massage on large animals, successfully complete the National Certification Examination for Equine Massage administered by the National Board of Certification for Animal Acupressure and Massage;

(b) To practice animal massage on small animals, successfully complete the National Certification Examination for Canine Massage administered by the National Board of Certification for Animal Acupressure and Massage.

(c) Candidates seeking certification in both small animal massage and large animal massage must meet all requirements in (a) and (b) of this subsection.

(3) Successfully complete the Washington state animal massage jurisprudence examination((; and

(4) Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8)).

AMENDATORY SECTION(Amending WSR 17-11-058, filed 5/16/17, effective 7/1/17)

WAC 246-940-040Application requirements.

An applicant for certification as an animal massage therapist shall submit or cause to be submitted to the department:

(1) A completed application and fee;

(2) Proof of successful completion of the training required in WAC 246-940-050 received directly from the program where the applicant completed the training;

(3) Proof of successful completion of a certification examination required in WAC 246-940-020;

(4) Proof of successful completion of the Washington state jurisprudence examination as required in WAC 246-940-020;

(5) ((Verification of four clock hours of AIDS education as required in WAC 246-940-020;

(6))) Verification from all states in which the applicant holds or has held a credential to practice animal massage, indicating that the applicant has or has not been subject to charges or disciplinary action for unprofessional conduct or impairment; and

(((7)))(6) Additional documentation as required by the secretary to determine whether an applicant is qualified for certification.

AMENDATORY SECTION(Amending WSR 18-20-072, filed 9/28/18, effective 10/29/18)

WAC 246-980-040Certification requirements.

(1) To qualify for certification as a home care aide, the applicant must:

(a) Successfully complete all training required by RCW 74.39A.074(1) within one hundred twenty calendar days of the date of hire as a long-term care worker;

(b) Successfully pass the home care aide certification examination, after completing training; and

(c) Become certified within two hundred days of date of hire, or two hundred sixty days if granted a provisional certificate under RCW 18.88B.041((; and

(d) Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8. This is included in the basic training requirements in WAC 388-71-0906 and 388-112A-0310)).

(2) An applicant for certification as a home care aide must submit to the department:

(a) A completed application for both certification and the examination on forms provided by the department;

(b) The exam fee set by the examination vendor and required fees under WAC 246-980-990; and

(c) A certificate of completion from an approved training program indicating that the applicant has successfully completed the entry level training required by RCW 74.39A.074. The certificate of completion or other official verification may also be submitted directly from the approved instructor or training program.

(3) An applicant must submit to a state and federal background check as required by RCW 74.39A.056.

(4) An applicant exempt from certification under WAC 246-980-025(2) who voluntarily chooses to be certified must provide documentation of qualification for the exemption. The applicant is not required to take the training required in subsection (1)(a) of this section or provide proof of training completion to the department.