BILL REQ. #: H-3943.1
State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/13/10. Referred to Committee on Health Care & Wellness.
AN ACT Relating to credentialing as a nursing assistant; amending RCW 18.88A.010, 18.88A.060, 18.88A.085, and 18.88A.140; adding a new section to chapter 18.88A RCW; creating a new section; and repealing RCW 18.88A.115.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.88A.010 and 1991 c 16 s 1 are each amended to read
as follows:
(1) The legislature takes special note of the contributions made by
nursing assistants in health care facilities whose tasks are arduous
and whose working conditions may be contributing to the high and often
critical turnover among the principal cadre of health care workers who
provide for the basic needs of patients. The legislature also
recognizes the growing shortage of nurses as the proportion of the
elderly population grows and as the acuity of patients in hospitals and
nursing homes becomes generally more severe.
(2) The legislature finds and declares that:
(a) Occupational nursing assistants should have a formal system of
educational and experiential qualifications leading to career mobility
and advancement. The establishment of such a system should bring about
a more stabilized workforce in health care facilities, as well as
provide a valuable resource for recruitment into licensed nursing
practice.
((The legislature finds that)) (b) The quality of patient care in
health care facilities is dependent upon the competence of the
personnel who staff their facilities. To assure the availability of
trained personnel in health care facilities the legislature recognizes
the need for training programs for nursing assistants.
((The legislature declares that)) (c) Certified home care aides and
medical assistants are a valuable potential source of nursing
assistants who will be needed to meet the care needs of the state's
growing aging population. To assure continued opportunity for
recruitment into nursing practice and career advancement for certified
home care aides and medical assistants, nursing assistant training
programs should recognize the relevant training and experience obtained
by these credentialed professionals.
(d) The registration of nursing assistants and providing for
voluntary certification of those who wish to seek higher levels of
qualification is in the interest of the public health, safety, and
welfare.
NEW SECTION. Sec. 2 A new section is added to chapter 18.88A RCW
to read as follows:
(1) The commission shall adopt criteria for evaluating an
applicant's alternative training to determine the applicant's
eligibility to take a qualifying examination for nursing assistant
certification. At least one option adopted by the commission must
allow an applicant to take the examination if he or she:
(a)(i) Is a certified home care aide pursuant to chapter 18.88B
RCW; or
(ii) Is a certified medical assistant pursuant to a certification
program accredited by a national medical assistant accreditation
organization and approved by the commission; and
(b) Has successfully completed twenty-four hours of training that
the commission determines is necessary to provide training equivalent
to approved training on topics not addressed in the training specified
for certification as a home care aide or medical assistant, as
applicable. In the commission's discretion, a portion of these hours
may include clinical training.
(2) By August 1, 2010, the commission, in consultation with the
secretary and consumer and worker representatives, shall adopt rules to
implement this section and to provide, by January 1, 2011, for
credentialing reciprocity to the extent required by this section
between home care aide certification and nursing assistant
certification. The secretary shall also adopt such rules as may be
necessary to implement this section and the credentialing reciprocity
program by January 1, 2011.
(3) Beginning December 1, 2011, the secretary, in consultation with
the commission, shall report annually by December 1st to the governor
and the legislature on the progress made in achieving career
advancement for certified home care aides and medical assistants into
nursing practice.
Sec. 3 RCW 18.88A.060 and 1994 sp.s. c 9 s 710 are each amended
to read as follows:
In addition to any other authority provided by law, the commission
may:
(1) Determine minimum nursing assistant education requirements and
approve training programs;
(2) Prepare, grade, and administer, or determine the nature of, and
supervise the grading and administration of, examinations of training
and competency for applicants for nursing assistant certification;
(3) Determine whether alternative methods of training are
equivalent to approved training programs, and establish forms((,)) and
procedures((, and criteria)) for evaluation of an applicant's
alternative training ((to determine the applicant's eligibility to take
any qualifying examination for certification)) under criteria adopted
pursuant to section 2 of this act;
(4) Define and approve any experience requirement for nursing
assistant certification;
(5) Adopt rules implementing a continuing competency evaluation
program for nursing assistants; and
(6) Adopt rules to enable it to carry into effect the provisions of
this chapter.
Sec. 4 RCW 18.88A.085 and 2007 c 361 s 9 are each amended to read
as follows:
(1) After January 1, 1990, the secretary shall issue a nursing
assistant certificate to any applicant who demonstrates to the
secretary's satisfaction that the following requirements have been met:
(a) Successful completion of an approved training program or
successful completion of ((alternate)) alternative training meeting
established criteria ((approved)) adopted by the commission under
section 2 of this act; and
(b) Successful completion of a competency evaluation.
(2) ((The secretary may permit all or a portion of the training
hours earned under chapter 74.39A RCW to be applied toward
certification under this section.)) In addition, applicants shall be subject to the grounds for
denial of certification under chapter 18.130 RCW.
(3)
Sec. 5 RCW 18.88A.140 and 2003 c 140 s 3 are each amended to read
as follows:
Nothing in this chapter may be construed to prohibit or restrict:
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing services within
their authorized scope of practice;
(2) The practice by an individual employed by the government of the
United States while engaged in the performance of duties prescribed by
the laws of the United States;
(3) The practice by a person who is a regular student in an
educational program approved by the secretary, and whose performance of
services is pursuant to a regular course of instruction or assignments
from an instructor and under the general supervision of the instructor;
(4) A nursing assistant, while employed as a personal aide as
defined in RCW 74.39.007 or a long-term care worker as defined in
chapter 74.39A RCW, from accepting direction from an individual who is
self-directing ((their)) his or her care.
NEW SECTION. Sec. 6 RCW 18.88A.115 (Home care aide certification
reciprocity) and 2009 c 580 s 16 & 2009 c 2 s 11 (Initiative Measure
No. 1029) are each repealed.
NEW SECTION. Sec. 7 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.