Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

ESSB 5700

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Requiring training for long-term care providers on the needs of the LGBTQ population.

Sponsors: Senate Committee on Health & Long Term Care (originally sponsored by Senators Ranker, Rivers, Liias, Pedersen, Darneille, Chase and Kuderer).

Brief Summary of Engrossed Substitute Bill

  • Requires that long-term care workers, as well as owners, administrators, and resident managers of adult family homes, assisted living facilities, and nursing homes complete cultural competency training on issues related to the lesbian, gay, bisexual, transgender, and questioning population.

Hearing Date: 2/20/18

Staff: Chris Blake (786-7392).

Background:

Long-Term Care Worker Continuing Education.

Long-term care workers are individuals who provide paid personal care services for older persons or persons with developmental disabilities. The term includes individual providers of home care services, direct care workers employed by home care agencies, providers of home care services to persons with developmental disabilities, direct care workers in assisted living facilities and adult family homes, respite care providers, direct care workers employed by community residential service businesses, and any other direct care workers providing home or community-based services to older persons or persons with functional or developmental disabilities.

The amount of entry-level training that a long-term care worker must complete depends on the amount and type of care that the long-term care worker is providing and who is the client receiving the care. Long-term care workers must complete 12 hours of continuing education every year. Unless voluntarily certified as home care aids, continuing education requirements do not apply to long-term care workers who are individual providers caring for a biological, step, or adoptive child; registered or licensed practical nurses; persons working as individual providers who provide no more than 20 hours of care for one person per month; or persons working as individual providers who only provide respite services and do not provide more than 300 hours of services per year. Continuing education topics may relate to several subjects such as client rights, personal care services, mental illness, dementia, developmental disabilities, depression, medication assistance, communication skills, positive client behavior support, and client-centered activities.

Adult Family Home and Assisted Living Facility Continuing Education.

Adult family home and assisted living facility caregivers, entity representatives, resident managers, and assisted living facility administrators must meet long-term care worker training requirements. The requirements include 12 hours of continuing education every year. Continuing education topics may relate to several subjects such as bloodborne pathogens and infection control, CPR training, first aid training, food handling training, aging sensitivity, resident safety, personal care services, mental illness, dementia, developmental disabilities, depression, communication skills, positive resident behavior support, and resident-centered activities.

Nursing Home Administrator Continuing Education.

Nursing home administrators are licensed by the Department of Health. To become licensed, a person must have a Bachelor's degree, successfully complete an approved nursing home administrator examination, and satisfy training requirements. To renew a license, nursing home administrators must complete 36 hours of continuing education every two years. If the continuing education course is not approved by the National Continuing Education Review Service, the course must relate to specific subjects, including resident centered care, human resources, finance, environment, leadership and management, suicide prevention, cultural competency training, or Washington nursing home laws.

Summary of Bill:

As part of their continuing education requirements, long-term care workers must complete cultural competency training on issues relating to the lesbian, gay, bisexual, transgender, and questioning (LGBTQ) population. The training must be taken once and be completed by the long-term care worker's next continuing education due date after December 31, 2019. Long-term care workers who have completed the training do not need to take the training again until the Department of Social and Health Services (Department) approves changes to the curriculum based upon revised competencies. Following a change in curriculum, all long-term care workers must take the revised course according to Department rules. The Department may only approve training that contributes to an evidence- and outcome-based approach and meets the training's learning objectives.

Owners, administrators, and resident managers of adult family homes, assisted living facilities, and nursing homes (facilities) must complete cultural competency training related to the LGBTQ population. The Department must approve the training curriculum, program, and instructors. An owner, administrator, or resident manager of a currently licensed facility must complete the training by the facility's next license renewal following December 31, 2019. An owner, administrator, or resident manager of a facility that becomes licensed after the effective date of the bill must complete the training by the facility's first license renewal. Owners of a facility who work on-site at the facility for less than two days per license year are exempt from the training. Owners, administrators, and resident managers of facilities who have completed the training do not need to take the training again until the Department approves changes to the learning objectives by rule.

Expired provisions timeframes related to long-term care workers are removed from statute.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.