Z-0617.1 _______________________________________________
SENATE BILL 5441
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senators McAuliffe, Erwin, Talmadge, M. Rasmussen, Drew, Spanel, Loveland, von Reichbauer and Winsley; by request of Department of Social and Health Services
Read first time 01/28/93. Referred to Committee on Health & Human Services.
AN ACT Relating to updating statutes for rehabilitation services for individuals with disabilities pursuant to changes in federal law and regulations; amending RCW 74.29.005, 74.29.010, 74.29.020, 74.29.080, and 74.29.037; and repealing RCW 74.29.105, 74.29.100, 74.29.110, and 74.29.025.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 74.29.005 and 1969 ex.s. c 223 s 28A.10.005 are each amended to read as follows:
The purposes of this chapter are (1) to
rehabilitate ((vocationally handicapped persons)) individuals with
disabilities who have a barrier to employment so that they may prepare for
and engage in a gainful occupation; (2) to provide persons with physical ((or)),
mental, or sensory disabilities with a program of services which will
result in greater opportunities for them to enter more fully into ((the))
life ((of)) in the community; (3) to promote activities which
will assist ((the vocationally handicapped)) individuals with disabilities
to ((reach their fullest potential)) become self-sufficient and
self-supporting; and (4) to encourage and develop ((facilities)) community
rehabilitation programs, job support services, and other resources needed
by ((the handicapped)) individuals with disabilities.
Sec. 2. RCW 74.29.010 and 1970 ex.s. c 18 s 52 are each amended to read as follows:
(1) (("Handicapped person")) "Individual
with disabilities" means ((any)) an individual:
(a) Who has a physical ((or)), mental,
or sensory disability, which ((constitutes a substantial handicap to
employment, of such a nature that)) requires vocational
rehabilitation services ((may reasonably be expected to render him fit))
to prepare for, enter into, engage in ((a)), retain, or engage
in and retain gainful ((occupation)) employment consistent
with his or her capacities and abilities; or
(b) Who((, because of lack of social
competence or mobility, experience, skills, training, or other factors, is in
need of vocational rehabilitation services in order to become fit to engage in
a gainful occupation or to attain or maintain a maximum degree of self-support
or self-care; or
(c) For whom vocational rehabilitation services
are necessary to determine rehabilitation potential)) has a physical, mental, or sensory impairment whose
ability to function independently in the family or community or whose ability
to obtain, maintain, or advance in employment is substantially limited and for
whom the delivery of vocational rehabilitation or independent living services
will improve the ability to function, continue functioning, or move towards
functioning independently in the family or community or to continue in
employment.
(2) "Individual with severe disabilities" means an individual with disabilities:
(a) Who has a physical, mental, or sensory impairment that seriously limits one or more functional capacities, such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills, in terms of employment outcome, and/or independence and participation in family or community life;
(b) Whose rehabilitation can be expected to require multiple rehabilitation services over an extended period of time; and
(c) Who has one or more physical, mental, or sensory disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and rehabilitation needs to cause comparable substantial functional limitation.
(3) "Physical ((or)),
mental, or sensory disability" means a physical ((or)),
mental, or sensory condition which materially limits, contributes to
limiting or, if not corrected or accommodated, will probably result in
limiting an individual's activities or functioning. ((The term includes
behavioral disorders characterized by deviant social behavior or impaired
ability to carry out normal relationships with family and community which may
result from vocational, educational, cultural, social, environmental or other
factors.
(3) "Vocational)) (4) "Rehabilitation services" means
goods or services provided ((handicapped persons to enable such persons to
be fit for gainful occupation or)) to: (a) Determine eligibility and
rehabilitation needs of individuals with disabilities, and/or (b) enable individuals
with disabilities to attain or ((maintain a maximum degree of
self-support or self-care and includes every type of goods and services for
which)) retain employment and/or independence, and/or (c) contribute
substantially to the rehabilitation of a group of individuals with
disabilities. To the extent federal funds are available ((for
vocational rehabilitation purposes, including)), goods and services may
include, but are not limited to, the establishment, construction,
development, operation and maintenance of ((workshops and)) community
rehabilitation ((facilities)) programs and independent living
centers, as well as special demonstration projects.
(((4) "Self-care")) (5)
"Independence" means a reasonable degree of restoration from
dependency upon others to self-direction and greater control over
circumstances of one's life for personal needs and care and includes but is
not limited to the ability to live in ((own)) one's home((,
rather than requiring nursing home care and care for self rather than requiring
attendant care)).
(((5))) (6) "Job support
services" means ongoing goods and services provided after vocational
rehabilitation, subject to available funds, that support an individual with
severe disabilities in employment. Such services include, but are not limited
to, extraordinary supervision or job coaching.
(7) "State agency" means the department of social and health services.
Sec. 3. RCW 74.29.020 and 1969 ex.s. c 223 s 28A.10.020 are each amended to read as follows:
Subject to available funds, and consistent with federal law and regulations the state agency shall:
(1) Develop state-wide rehabilitation programs;
(2) Provide vocational rehabilitation
services, independent living services, and/or job support services to ((handicapped
persons, including the placing of such persons in gainful occupations)) individuals
with disabilities or severe disabilities;
(((2))) (3) Disburse all funds provided
by law and may receive, accept and disburse such gifts, grants, conveyances,
devises and bequests of real and personal property from public or private
sources, as may be made from time to time, in trust or otherwise, whenever the
terms and conditions thereof will aid in carrying out ((vocational))
rehabilitation services as specified by law and the regulations of the state
agency; and may sell, lease or exchange real or personal property according to
the terms and conditions thereof. Any money so received shall be deposited in
the state treasury for investment, reinvestment or expenditure in accordance
with the conditions of its receipt and RCW 43.88.180;
(((3))) (4) Appoint and fix the
compensation and prescribe the duties, of the personnel necessary for the
administration of this chapter, unless otherwise provided by law;
(((4))) (5) Make exploratory
studies, ((make)) do reviews, and ((do)) research relative
to ((vocational)) rehabilitation;
(6) Coordinate with the state rehabilitation advisory council and the state independent living advisory council on the administration of the programs;
(7) Report to the governor and to the legislature on the administration of this chapter, as requested; and
(8) Adopt rules, in accord with chapter 34.05 RCW, necessary to carry out the purposes of this chapter.
Sec. 4. RCW 74.29.080 and 1983 1st ex.s. c 41 s 16 are each amended to read as follows:
(1) Determination of eligibility and need for rehabilitation services and determination of eligibility for job support services shall be made by the state agency for each individual according to its established rules, policies, procedures, and standards.
(2) The state agency may purchase, from
any source, ((by contract, vocational)) rehabilitation services and
job support services for ((handicapped persons, payments for such
services to be made subject to procedures and fiscal controls approved by the
director of financial management. The performance of and payment for such
services shall be subject to post audit review by the state auditor.
(2) Notwithstanding any other provision of RCW
74.29.080, 74.29.100, 74.29.105 and 74.29.110, when the state agency determines
that a mentally retarded, severely handicapped, or disadvantaged person can
reasonably be expected to benefit from, or in his best interests reasonably
requires extended sheltered employment or supervised work furnished by an
approved nonprofit organization, the state agency is authorized to contract
with such organization for the furnishing of such sheltered employment or
supervised work to such mentally retarded, severely handicapped, or
disadvantaged person.
(3) The determination of eligibility for such
service shall be made for each individual by the state agency. The mentally
retarded, severely handicapped and disadvantaged individuals served under this
law shall be construed to be poor or infirm within the meaning of the term as
used in the state Constitution)) individuals
with disabilities, subject to the individual's income or other resources that
are available to contribute to the cost of such services.
(((4))) (3) The state agency
shall maintain ((a)) registers of ((nonprofit)) individuals
and organizations which ((it has inspected and certified as meeting))
meet required standards and ((as qualifying to serve the needs of
such mentally retarded, severely handicapped, or disadvantaged persons)) qualify
to provide rehabilitation services and job support services to individuals with
disabilities. Eligibility of such individuals and organizations ((to
receive the funds hereinbefore specified)) shall be based upon standards
and criteria promulgated by the state agency.
(((5) The state agency is authorized to
promulgate such rules and regulations as it may deem necessary or proper to
carry out the provisions of this section.))
NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:
(1) RCW 74.29.105 and 1969 c 105 s 3;
(2) RCW 74.29.100 and 1970 ex.s. c 15 s 24 & 1969 c 105 s 1;
(3) RCW 74.29.110 and 1970 ex.s. c 15 s 25 & 1969 c 105 s 4; and
(4) RCW 74.29.025 and 1977 c 75 s 18 & 1969 ex.s. c 223 s 28A.10.025.
Sec. 6. RCW 74.29.037 and 1969 ex.s. c 223 s 28A.10.037 are each amended to read as follows:
The state agency ((shall make available
vocational rehabilitation services to the departments of institutions, labor
and industries, public assistance, and employment security, and other state or
other public agencies, in accordance with)) may establish
cooperative agreements ((between the)) with other state ((agency))
and ((the respective)) local agencies.
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