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.
