AN ACT Relating to
regulation of adult family home providers and resident managers; amending RCW
70.128.120, 70.128.220, and 18.130.040; adding a new section to chapter 70.128
RCW; creating a new section; repealing RCW 18.48.010, 18.48.020, 18.48.030,
18.48.050, and 18.48.060; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.128.120 and 2001
c 319 s 8 are each amended to read as follows:
Each adult family home
provider and each resident manager shall have the following minimum
qualifications:
(1) Twenty-one years of
age or older;
(2) For those applying
after September 1, 2001, to be licensed as providers, and for resident managers
whose employment begins after September 1, 2001, a United States high
school diploma or general educational development (GED) certificate or any
English or translated government documentation of the following:
(a) Successful
completion of government-approved public or private school education in a
foreign country that includes an annual average of one thousand hours of
instruction over twelve years or no less than twelve thousand hours of
instruction;
(b) A foreign
college, foreign university, or United States community college two-year
diploma;
(c) Admission to, or
completion of coursework at, a foreign university or college for which credit
was granted;
(d) Admission to, or
completion of coursework at, a United States college or university for which
credits were awarded;
(e) Admission to, or
completion of postgraduate coursework at, a United States college or university
for which credits were awarded; or
(f) Successful
passage of the United States board examination for registered nursing, or any
professional medical occupation for which college or university education
preparation was required;
(3) Good moral and
responsible character and reputation;
(4) Literacy in the
English language, however, a person not literate in the English language may
meet the requirements of this subsection by assuring that there is a person on
staff and available who is able to communicate or make provisions for
communicating with the resident in his or her primary language and capable of
understanding and speaking English well enough to be able to respond
appropriately to emergency situations and be able to read and understand resident
care plans;
(5) Management and
administrative ability to carry out the requirements of this chapter;
(6) Satisfactory
completion of department-approved basic training and continuing education
training as specified by the department in rule, based on recommendations of
the community long-term care training and education steering committee and
working in collaboration with providers, consumers, caregivers, advocates,
family members, educators, and other interested parties in the rule-making
process;
(7) Satisfactory
completion of department-approved, or equivalent, special care training before
a provider may provide special care services to a resident;
(8) Not been convicted
of any crime listed in RCW 43.43.830 and 43.43.842; and
(9) ((Registered with
the department of health; and
(10))) For those applying after September 1, 2001, to
be licensed as providers, and for resident managers whose employment begins
after September 1, 2001, at least three hundred twenty hours of successful,
direct caregiving experience obtained after age eighteen to vulnerable adults
in a licensed or contracted setting prior to operating or managing an adult
family home.
NEW SECTION. Sec.
2. The following acts or
parts of acts are each repealed:
(1) RCW 18.48.010 (Definitions) and 1996 c
81 s 2 & 1995 c 260 s 7;
(2) RCW 18.48.020 (Registration) and 2000 c
93 s 5, 1996 c 81 s 4, & 1995 c 260 s 8;
(3) RCW 18.48.030 (Application of uniform
disciplinary act) and 1995 c 260 s 9;
(4) RCW 18.48.050 (Elder
care--Professionalization of providers) and 1998 c 272 s 7; and
(5) RCW 18.48.060 (Advisory
committee--Composition--Vacancies--Meetings--Travel expenses--Civil immunity)
and 2000 c 171 s 18 & 1998 c 272 s 8.
Sec. 3. RCW 70.128.220 and 1998
c 272 s 9 are each amended to read as follows:
Adult family homes have
developed rapidly in response to the health and social needs of the aging
population in community settings, especially as the aging population has
increased in proportion to the general population. The growing demand for
elder care with a new focus on issues affecting senior citizens, including
persons with developmental disabilities, mental illness, or dementia, has
prompted a growing professionalization of adult family home providers to
address quality care and quality of life issues consistent with standards of
accountability and regulatory safeguards for the health and safety of the
residents. The establishment of an advisory committee to the ((department
of health and the)) department of social and health services under ((RCW
18.48.060)) section 4 of this act formalizes a stable process for
discussing and considering these issues among residents and their advocates,
regulatory officials, and adult family home providers. The dialogue among all
stakeholders interested in maintaining a healthy option for the aging
population in community settings assures the highest regard for the well-being
of these residents within a benign and functional regulatory environment. The
secretary shall be advised by an advisory committee on adult family homes
established under ((RCW 18.48.060)) section 4 of this act.
((Establishment of
the advisory committee shall not prohibit the department of social and health
services from utilizing other advisory activities that the department of social
and health services deems necessary for program development.))
NEW SECTION. Sec.
4. A new section is added
to chapter 70.128 RCW to read as follows:
(1) In an effort to
ensure a cooperative process among the department, adult family home provider
representatives, and resident and family representatives on matters pertaining
to the adult family home program, the secretary, or his or her designee, shall
designate an advisory committee. The advisory committee must include:
Representatives from the industry including four adult family home providers,
at least two of whom are affiliated with recognized adult family home
associations; one representative from the state long-term care ombudsman
program; one representative from the statewide resident council program; and
two representatives of families and other consumers. The secretary shall
appoint a chairperson for the committee from the committee membership for a
term of one year. In appointing the chairperson, the secretary shall consult
with members of the committee. Depending on the topic to be discussed, the
department may invite other representatives in addition to the named members of
the advisory committee. The secretary, or his or her designee, shall
periodically, but not less than quarterly, convene a meeting of the advisory
committee to encourage open dialogue on matters affecting the adult family home
program. It is, minimally, expected that the department will discuss with the
advisory committee the department's inspection, enforcement, and quality
improvement activities, in addition to seeking their comments and
recommendations on matters described under subsection (2) of this section.
(2) The secretary, or
his or her designee, shall seek comments and recommendations from the advisory
committee prior to the adoption of rules and standards, implementation of adult
family home provider programs, or development of methods and rates of payment.
(3) Establishment of
the advisory committee shall not prohibit the department of social and health
services from utilizing other advisory activities that the department of social
and health services deems necessary for program development.
(4) Members of the
advisory committee shall be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060 from license fees collected under chapter 70.128 RCW.
NEW SECTION. Sec.
5. The department of health
shall return the funds collected by the department in connection with the
power, functions, and duties repealed under section 2 of this act, less actual
program costs, to credentialed adult family home providers and resident
managers registered under chapter 18.48 RCW. The department of health shall
determine the formula for distribution of these funds based upon payment of
registration fees during the previous two renewal periods.
Sec. 6. RCW 18.130.040 and 2001
c 251 s 27 are each amended to read as follows:
(1) This chapter
applies only to the secretary and the boards and commissions having
jurisdiction in relation to the professions licensed under the chapters
specified in this section. This chapter does not apply to any business or
profession not licensed under the chapters specified in this section.
(2)(a) The secretary
has authority under this chapter in relation to the following professions:
(i) Dispensing
opticians licensed under chapter 18.34 RCW;
(ii) Naturopaths licensed
under chapter 18.36A RCW;
(iii) Midwives licensed
under chapter 18.50 RCW;
(iv) Ocularists
licensed under chapter 18.55 RCW;
(v) Massage operators
and businesses licensed under chapter 18.108 RCW;
(vi) Dental hygienists
licensed under chapter 18.29 RCW;
(vii) Acupuncturists
licensed under chapter 18.06 RCW;
(viii) Radiologic
technologists certified and X-ray technicians registered under chapter 18.84
RCW;
(ix) Respiratory care
practitioners licensed under chapter 18.89 RCW;
(x) Persons registered
under chapter 18.19 RCW;
(xi) Persons licensed
as mental health counselors, marriage and family therapists, and social workers
under chapter 18.225 RCW;
(xii) Persons
registered as nursing pool operators under chapter 18.52C RCW;
(xiii) Nursing assistants
registered or certified under chapter 18.88A RCW;
(xiv) Health care
assistants certified under chapter 18.135 RCW;
(xv) Dietitians and
nutritionists certified under chapter 18.138 RCW;
(xvi) Chemical
dependency professionals certified under chapter 18.205 RCW;
(xvii) Sex offender
treatment providers certified under chapter 18.155 RCW;
(xviii) Persons
licensed and certified under chapter 18.73 RCW or RCW 18.71.205;
(xix) ((Persons
registered as adult family home providers and resident managers under RCW
18.48.020;
(xx))) Denturists licensed under chapter 18.30 RCW;
(((xxi))) (xx)
Orthotists and prosthetists licensed under chapter 18.200 RCW; and
(((xxii))) (xxi)
Surgical technologists registered under chapter 18.215 RCW.
(b) The boards and
commissions having authority under this chapter are as follows:
(i) The podiatric
medical board as established in chapter 18.22 RCW;
(ii) The chiropractic
quality assurance commission as established in chapter 18.25 RCW;
(iii) The dental
quality assurance commission as established in chapter 18.32 RCW;
(iv) The board of
hearing and speech as established in chapter 18.35 RCW;
(v) The board of
examiners for nursing home administrators as established in chapter 18.52 RCW;
(vi) The optometry
board as established in chapter 18.54 RCW governing licenses issued under
chapter 18.53 RCW;
(vii) The board of
osteopathic medicine and surgery as established in chapter 18.57 RCW governing
licenses issued under chapters 18.57 and 18.57A RCW;
(viii) The board of
pharmacy as established in chapter 18.64 RCW governing licenses issued under
chapters 18.64 and 18.64A RCW;
(ix) The medical
quality assurance commission as established in chapter 18.71 RCW governing
licenses and registrations issued under chapters 18.71 and 18.71A RCW;
(x) The board of
physical therapy as established in chapter 18.74 RCW;
(xi) The board of
occupational therapy practice as established in chapter 18.59 RCW;
(xii) The nursing care
quality assurance commission as established in chapter 18.79 RCW governing
licenses issued under that chapter;
(xiii) The examining
board of psychology and its disciplinary committee as established in chapter
18.83 RCW; and
(xiv) The veterinary
board of governors as established in chapter 18.92 RCW.
(3) In addition to the
authority to discipline license holders, the disciplining authority has the
authority to grant or deny licenses based on the conditions and criteria
established in this chapter and the chapters specified in subsection (2) of this
section. This chapter also governs any investigation, hearing, or
proceeding relating to denial of licensure or issuance of a license
conditioned on the applicant's compliance with an order entered pursuant to RCW
18.130.160 by the disciplining authority.
(4) All disciplining
authorities shall adopt procedures to ensure substantially consistent
application of this chapter, the Uniform Disciplinary Act, among the
disciplining authorities listed in subsection (2) of this section.
NEW
SECTION. Sec. 7. Section 1 of this act is
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
