CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 2707
57th Legislature
2002 Regular Session
Passed by the House March 12, 2002 Yeas 97 Nays 0
Speaker of the House of Representatives
Passed by the Senate March 7, 2002 Yeas 41 Nays 0 |
CERTIFICATE
I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2707 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Chief Clerk
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President of the Senate |
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Approved |
FILED |
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Governor of the State of Washington |
Secretary of State State of Washington |
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ENGROSSED SUBSTITUTE HOUSE BILL 2707
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AS AMENDED BY THE SENATE
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002 Regular Session
By House Committee on Health Care (originally sponsored by Representatives Edwards, Skinner, Cody and Schual‑Berke)
Read first time 02/08/2002. Referred to Committee on .
AN ACT Relating to long-term caregiver training; amending RCW 18.20.270, 70.128.230, and 74.39A.190; adding a new section to chapter 43.20A RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 18.20.270 and 2000 c 121 s 2 are each amended to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Caregiver" includes any person who provides residents with hands-on personal care on behalf of a boarding home, except volunteers who are directly supervised.
(b) "Direct supervision" means oversight by a person who has demonstrated competency in the core areas or has been fully exempted from the training requirements pursuant to this section, is on the premises, and is quickly and easily available to the caregiver.
(2) Training must have the following components: Orientation, basic training, specialty training as appropriate, and continuing education. All boarding home employees or volunteers who routinely interact with residents shall complete orientation. Boarding home administrators, or their designees, and caregivers shall complete orientation, basic training, specialty training as appropriate, and continuing education.
(3) Orientation consists of introductory information on residents' rights, communication skills, fire and life safety, and universal precautions. Orientation must be provided at the facility by appropriate boarding home staff to all boarding home employees before the employees have routine interaction with residents.
(4) Basic training consists
of modules on the core knowledge and skills that caregivers need to learn and
understand to effectively and safely provide care to residents. Basic training
must be outcome-based, and the effectiveness of the basic training must be
measured by demonstrated competency in the core areas through the use of a
competency test. Basic training must be completed by caregivers within one
hundred twenty days of the date on which they begin to provide hands-on care or
within one hundred twenty days of ((March)) September 1, 2002,
whichever is later. Until competency in the core areas has been demonstrated,
caregivers shall not provide hands-on personal care to residents without direct
supervision. Boarding home administrators, or their designees, must complete
basic training and demonstrate competency within one hundred twenty days of
employment or within one hundred twenty days of ((March)) September
1, 2002, whichever is later.
(5) For boarding homes
that serve residents with special needs such as dementia, developmental
disabilities, or mental illness, specialty training is required of
administrators, or designees, and caregivers. Specialty training consists of
modules on the core knowledge and skills that caregivers need to effectively
and safely provide care to residents with special needs. Specialty training
should be integrated into basic training wherever appropriate. Specialty
training must be outcome-based, and the effectiveness of the specialty training
measured by demonstrated competency in the core specialty areas through the use
of a competency test. Specialty training must be completed by caregivers
within one hundred twenty days of the date on which they begin to provide
hands-on care to a resident having special needs or within one hundred twenty
days of ((March)) September 1, 2002, whichever is later.
However, if specialty training is not integrated with basic training, the
specialty training must be completed within ninety days of completion of basic
training. Until competency in the core specialty areas has been demonstrated,
caregivers shall not provide hands-on personal care to residents with special
needs without direct supervision. Boarding home administrators, or their
designees, must complete specialty training and demonstrate competency within
one hundred twenty days of ((March)) September 1, 2002, or one
hundred twenty days from the date on which the administrator or his or her
designee is hired, whichever is later, if the boarding home serves one or
more residents with special needs.
(6) Continuing
education consists of ongoing delivery of information to caregivers on various
topics relevant to the care setting and care needs of residents. Competency
testing is not required for continuing education. Continuing education is not
required ((during the first)) in the same calendar year ((following
completion of the)) in which basic ((training)) or
modified basic training is successfully completed. Continuing education is
required in each calendar year thereafter. If specialty training is
completed, the specialty training applies toward any continuing education
requirement for up to two years following the completion of the specialty
training.
(7) Persons who successfully challenge the competency test for basic training are fully exempt from the basic training requirements of this section. Persons who successfully challenge the specialty training competency test are fully exempt from the specialty training requirements of this section.
(8) Licensed persons who perform the tasks for which they are licensed are fully or partially exempt from the training requirements of this section, as specified by the department in rule.
(9) In an effort to improve access to training and education and reduce costs, especially for rural communities, the coordinated system of long-term care training and education must include the use of innovative types of learning strategies such as internet resources, videotapes, and distance learning using satellite technology coordinated through community colleges or other entities, as defined by the department.
(10) The ((community
long-term care training and education steering committee established under RCW
74.39A.190)) department shall develop criteria for the approval of
orientation, basic training, and specialty training programs.
(11) Boarding homes
that desire to deliver facility-based training with facility designated
trainers, or boarding homes that desire to pool their resources to create
shared training systems, must be encouraged by the department in their
efforts. The ((community long-term care training and education steering
committee)) department shall develop criteria for reviewing and
approving trainers and training materials that are substantially similar to or
better than the materials developed by the ((steering committee)) department.
The department may approve a curriculum based upon attestation by a boarding
home administrator that the boarding home's training curriculum addresses basic
and specialty training competencies identified by the department, and shall
review a curriculum to verify that it meets these requirements. The department
may conduct the review as part of the next regularly scheduled yearly
inspection and investigation required under RCW 18.20.110. The department shall
rescind approval of any curriculum if it determines that the curriculum does
not meet these requirements.
(12) The department
shall adopt rules by ((March)) September 1, 2002, for the
implementation of this section ((based on the recommendations of the community
long-term care training and education steering committee established in RCW
74.39A.190)).
(13) The orientation,
basic training, specialty training, and continuing education requirements of
this section ((take effect March)) commence September 1, 2002, or
one hundred twenty days from the date of employment, whichever is later,
and shall be applied ((prospectively)) to (a) employees hired
subsequent to September 1, 2002; and (b) existing employees that on September
1, 2002, have not successfully completed the training requirements under RCW
74.39A.010 or 74.39A.020 and this section. Existing employees who have not
successfully completed the training requirements under RCW 74.39A.010 or
74.39A.020 shall be subject to all applicable requirements of this section.
However, prior to September 1, 2002, nothing in this section affects the
current training requirements under RCW 74.39A.010.
NEW SECTION. Sec. 2. A new section is added to chapter 43.20A RCW to read as follows:
The department shall publish its final basic and specialty training competencies and learning outcomes as required by chapter 121, Laws of 2000 no later than June 1, 2002.
Sec. 3. RCW 70.128.230 and 2000 c 121 s 3 are each amended to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Caregiver" includes all adult family home resident managers and any person who provides residents with hands-on personal care on behalf of an adult family home, except volunteers who are directly supervised.
(b) "Indirect supervision" means oversight by a person who has demonstrated competency in the core areas or has been fully exempted from the training requirements pursuant to this section and is quickly and easily available to the caregiver, but not necessarily on-site.
(2) Training must have three components: Orientation, basic training, and continuing education. All adult family home providers, resident managers, and employees, or volunteers who routinely interact with residents shall complete orientation. Caregivers shall complete orientation, basic training, and continuing education.
(3) Orientation consists of introductory information on residents' rights, communication skills, fire and life safety, and universal precautions. Orientation must be provided at the facility by appropriate adult family home staff to all adult family home employees before the employees have routine interaction with residents.
(4) Basic training
consists of modules on the core knowledge and skills that caregivers need to
learn and understand to effectively and safely provide care to residents.
Basic training must be outcome-based, and the effectiveness of the basic
training must be measured by demonstrated competency in the core areas through
the use of a competency test. Basic training must be completed by caregivers
within one hundred twenty days of the date on which they begin to provide
hands-on care or within one hundred twenty days of ((March)) September
1, 2002, whichever is later. Until competency in the core areas has been
demonstrated, caregivers shall not provide hands-on personal care to residents
without indirect supervision.
(5) For adult family homes that serve residents with special needs such as dementia, developmental disabilities, or mental illness, specialty training is required of providers and resident managers. Specialty training consists of modules on the core knowledge and skills that providers and resident managers need to effectively and safely provide care to residents with special needs. Specialty training should be integrated into basic training wherever appropriate. Specialty training must be outcome-based, and the effectiveness of the specialty training measured by demonstrated competency in the core specialty areas through the use of a competency test. Specialty training must be completed by providers and resident managers before admitting and serving residents who have been determined to have special needs related to mental illness, dementia, or a developmental disability. Should a resident develop special needs while living in a home without specialty designation, the provider and resident manager have one hundred twenty days to complete specialty training.
(6) Continuing
education consists of ongoing delivery of information to caregivers on various
topics relevant to the care setting and care needs of residents. Competency
testing is not required for continuing education. Continuing education is not
required ((during the first)) in the same calendar year ((following
completion of the)) in which basic ((training)) or
modified basic training is successfully completed. Continuing education is
required in each calendar year thereafter. If specialty training is
completed, the specialty training applies toward any continuing education
requirement for up to two years following the completion of the specialty
training.
(7) Persons who successfully challenge the competency test for basic training are fully exempt from the basic training requirements of this section. Persons who successfully challenge the specialty training competency test are fully exempt from the specialty training requirements of this section.
(8) Licensed persons who perform the tasks for which they are licensed are fully or partially exempt from the training requirements of this section, as specified by the department in rule.
(9) In an effort to improve access to training and education and reduce costs, especially for rural communities, the coordinated system of long-term care training and education must include the use of innovative types of learning strategies such as internet resources, videotapes, and distance learning using satellite technology coordinated through community colleges, private associations, or other entities, as defined by the department.
(10) Adult family homes
that desire to deliver facility-based training with facility designated
trainers, or adult family homes that desire to pool their resources to create
shared training systems, must be encouraged by the department in their
efforts. The ((community long-term care training and education steering
committee)) department shall develop criteria for reviewing and
approving trainers and training materials. The department may approve a
curriculum based upon attestation by an adult family home administrator that
the adult family home's training curriculum addresses basic and specialty
training competencies identified by the department, and shall review a
curriculum to verify that it meets these requirements. The department may
conduct the review as part of the next regularly scheduled inspection
authorized under RCW 70.128.070. The department shall rescind approval of any
curriculum if it determines that the curriculum does not meet these
requirements.
(11) The department
shall adopt rules by ((March)) September 1, 2002, for the
implementation of this section ((based on the recommendations of the
community long-term care training and education steering committee established
in RCW 74.39A.190)).
(12) The orientation,
basic training, specialty training, and continuing education requirements of
this section ((take effect March)) commence September 1, 2002,
and shall be applied ((prospectively)) to (a) employees hired
subsequent to September 1, 2002; or (b) existing employees that on September 1,
2002, have not successfully completed the training requirements under RCW
70.128.120 or 70.128.130 and this section. Existing employees who have not
successfully completed the training requirements under RCW 70.128.120 or
70.128.130 shall be subject to all applicable requirements of this section.
However, until September 1, 2002, nothing in this section affects the
current training requirements under RCW 70.128.120 and 70.128.130.
Sec. 4. RCW 74.39A.190 and 2000 c 121 s 8 are each amended to read as follows:
(1) The secretary shall
appoint a steering committee for community long-term care training and
education to advise the department on the development ((and approval))
of criteria for training materials, the development of competency tests, the
development of criteria for trainers, and the development of exemptions from
training. The community long-term care training and education steering
committee shall also review the effectiveness of the training program or
programs, including the qualifications and availability of the trainers. ((The
steering committee shall also review the appropriateness of the adopted rules
implementing this section.)) The steering committee shall advise the
department on flexible and innovative learning strategies that accomplish the
training goals, such as competency and outcome-based models and distance
learning. The steering committee shall review and recommend the most appropriate
length of time between an employee's date of first hire and the start of the
employee's basic training.
(2) The steering committee shall, at a minimum, consist of a representative from each of the following: Each of the statewide boarding home associations, two adult family home associations, each of the statewide home care associations, the long-term care ombudsman program, the area agencies on aging, the department of health representing the nursing care quality assurance commission, and a consumer, or their nonprovider designee, from a boarding home, adult family home, home care served by an agency, and home care served by an individual provider. A majority of the members currently serving constitute a quorum.
(3) Nothing in this chapter shall prevent the adult family home advisory committee from enhancing training requirements for adult family providers and resident managers, regulated under chapter 18.48 RCW, at the cost of those providers and resident managers.
(4) Establishment of
the steering committee does not prohibit the department from utilizing other
advisory activities that the department deems necessary for program
development. However, when the department obtains input from other advisory
sources, the department shall present the information to the steering committee
for their review ((and approval)).
(5) Each member of the steering committee shall serve without compensation. Consumer representatives may be reimbursed for travel expenses as authorized in RCW 43.03.060.
(6) The steering committee recommendations must implement the intent of RCW 74.39A.050(14) to create training that includes skills and competencies that are transferable to nursing assistant training.
(7) The steering
committee shall cease to exist ((on)) July 1, ((2004)) 2003.
NEW SECTION. Sec. 5. 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.
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