WSR 22-07-077
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed March 18, 2022, 6:04 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-24-062.
Title of Rule and Other Identifying Information: WAC 388-101D-0030 Staffing requirements.
Hearing Location(s): On April 26, 2022, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington [Street S.E.], Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or virtually. Due to the COVID-19 pandemic, hearings are being held virtually. Please see the DSHS website for the most current information.
Date of Intended Adoption: Not earlier than April 27, 2022.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m. on April 26, 2022.
Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, fax 360-664-6185, TTY 711 relay service, email tenczsa@dshs.wa.gov [tencza@dshs.wa.gov], by 5:00 p.m. on April 12, 2022.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Developmental disabilities administration (DDA) is amending this rule to allow providers to hire an employee without a high school diploma or GED.
Reasons Supporting Proposal: These amendments are intended to help providers of residential habilitation services address staffing crises.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, DDA, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1500; Implementation and Enforcement: Megan Kwak, P.O. Box 45310, Olympia, WA 98504-5310, 360-764-9909.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1500, fax 360-407-0955, TTY 1-800-833-6388, email
Chantelle.Diaz@dshs.wa.gov.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: The proposed amendments impose no costs on small businesses so a small business economic impact statement is not required.
March 18, 2022
Katherine I. Vasquez
Rules Coordinator
SHS-4900.3
AMENDATORY SECTION(Amending WSR 16-14-058, filed 6/30/16, effective 8/1/16)
WAC 388-101D-0030Staffing requirements.
(1) The ((service)) provider must ensure each ((staff meets the following minimum requirements))of its employees:
(((1) Have))(a) Has a high school diploma or GED equivalent, unless the ((employees were))employee was hired before September 1, 1991, or is exempt under subsection (2) of this section;
(((2) Be at least eighteen years of age))(b) Is age 18 or older when employed as a direct ((care staff, or at least twenty-one years of age))support professional who provides support services to a client;
(c) Is age 21 or older when employed as an administrator;
(((3) Have))(d) Has a clear understanding of job responsibilities and knowledge of individual support plans and client needs; and
(((4) Passed))(e) Passes the department background check ((as)) required ((by))under WAC 388-101-3250.
(2) The provider may hire a person without a high school diploma or GED if while working directly with clients the employee has access to another employee or a volunteer who:
(a) Has a high school diploma or GED; or
(b) Was hired before September 1, 1991.
(3) If the provider hires a person under subsection (2) of this section, the provider must have a written plan that states when and how the person must contact another employee for assistance.