AN ACT Relating to standardizing basic training and certification requirements for long-term care workers who provide in-home care for their family members, including spouses or domestic partners; and amending RCW 18.88B.041 and 74.39A.076.

(a)(i)(A) Registered nurses, licensed practical nurses, certified nursing assistants or persons who are in an approved training program for certified nursing assistants under chapter 18.88A RCW, medicare-certified home health aides, or other persons who hold a similar health credential, as determined by the secretary, or persons with special education training and an endorsement granted by the superintendent of public instruction, as described in RCW 28A.300.010, if the secretary determines that the circumstances do not require certification.

(B) A person who was initially hired as a long-term care worker prior to January 7, 2012, and who completes all of the training requirements in effect as of the date the person was hired.

(ii) Individuals exempted by (a)(i) of this subsection may obtain certification as a home care aide without fulfilling the training requirements in RCW 74.39A.074(1)(d)(ii) but must successfully complete a certification examination pursuant to RCW 18.88B.031.

(c)(i) ((An individual provider))A long-term care worker providing in-home care and caring only for the ((individual provider's))worker's child or parent, including when related by marriage or domestic partnership; ((and))

(ii) ((An individual provider))A long-term care worker providing in-home care and caring only for the ((individual provider's))worker's sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership; and

(d) A person working as ((an individual provider))a long-term care worker providing in-home care who provides 20 hours or less of nonrespite care for one person in any calendar month.

(e) A person working as ((an individual provider))a long-term care worker providing in-home care who only provides respite services and works less than 300 hours in any calendar year.

(((f) A long-term care worker providing approved services only for a spouse or registered domestic partner, pursuant to the long-term services and supports trust program established in chapter 50B.04 RCW.

(g) A long-term care worker providing approved services only for a spouse or registered domestic partner and funded through the United States department of veterans affairs home and community-based programs.))

(2) A long-term care worker exempted by this section from the training requirements contained in RCW 74.39A.074 may not be prohibited from enrolling in training pursuant to that section.

(a) A parent who is the ((individual provider))long-term care worker providing in-home care only for the person's developmentally disabled child, including when related by marriage or domestic partnership, must receive 12 hours of training relevant to the needs of individuals with developmental disabilities within the first 120 days after becoming ((an individual provider))a long-term care worker.

(b) A spouse or registered domestic partner who is a long-term care worker providing in-home care only for a spouse or domestic partner((, pursuant to the long-term services and supports trust program established in chapter 50B.04 RCW,)) must receive 15 hours of basic training, and at least six hours of additional focused training based on the care-receiving spouse's or partner's needs, within the first 120 days after becoming ((a))an in-home long-term care worker.

(c) A person working as ((an individual provider))a long-term care worker providing in-home care who (i) provides respite care services only for individuals with developmental disabilities receiving services under Title 71A RCW or only for individuals who receive services under this chapter, and (ii) works 300 hours or less in any calendar year, must complete 14 hours of training within the first 120 days after becoming ((an individual provider))a long-term care worker providing in-home care. Five of the 14 hours must be completed before becoming eligible to provide care, including two hours of orientation training regarding the caregiving role and terms of employment and three hours of safety training. The training partnership identified in RCW 74.39A.360 must offer at least 12 of the 14 hours online, and five of those online hours must be individually selected from elective courses.

(d) ((Individual providers))Long-term care workers identified in (d)(i) or (ii) of this subsection must complete 35 hours of training within the first 120 days after becoming ((an individual provider))a long-term care worker. Five of the 35 hours must be completed before becoming eligible to provide care. Two of these five hours shall be devoted to an orientation training regarding ((an individual provider's))a long-term care worker's role as caregiver and the applicable terms of employment, and three hours shall be devoted to safety training, including basic safety precautions, emergency procedures, and infection control. ((Individual providers))Long-term care workers subject to this requirement include:

(i)(A) Unless covered by (a) of this subsection, ((an individual provider))a long-term care worker providing in-home care and caring only for the ((individual provider's))worker's child or parent, including when related by marriage or domestic partnership;

(B) ((An individual provider))A long-term care worker providing in-home care and caring only for the ((individual provider's))long-term care worker's sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership; and

(ii) A person working as ((an individual provider))a long-term care worker providing in-home care who provides 20 hours or less of care for one person in any calendar month((; and

(iii) A long-term care worker providing approved services only for a spouse or registered domestic partner and funded through the United States department of veterans affairs home and community-based programs)).

(3) Only training curriculum approved by the department may be used to fulfill the training requirements specified in this section. The department shall only approve training curriculum that:

(4) If a pandemic, natural disaster, or other declared state of emergency impacts the ability of long-term care workers to complete training as required by this section, the department may adopt rules to allow long-term care workers additional time to complete the training requirements.

(a) Rules adopted under this subsection (4) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all long-term care workers who were unable to complete the training required in subsection (1) of this section have had adequate access to complete the required training, whichever is later. Once the department determines a rule adopted under this subsection (4) is no longer necessary, it must repeal the rule under RCW 34.05.353.

(b) Within 12 months of the termination of the pandemic, natural disaster, or other declared state of emergency, the department shall conduct a review of training compliance with subsection (1) of this section and provide the legislature with a report.