PDFWAC 388-101D-0075

Background checks—Requirements for service providers.

(1) Service providers must follow the background check requirements described in chapter 388-113 WAC and in this chapter. In the event of an inconsistency, this chapter applies.
(2) The service provider must obtain background checks from the department for all administrators, employees, volunteers, students, and subcontractors who may have unsupervised access to clients.
(3) The service provider must not allow the following persons to have unsupervised access to clients until the service provider receives the department's background check results:
(a) Administrators;
(b) Employees;
(c) Volunteers or students; and
(d) Subcontractors.
(4) If the department's background check results show that an administrator, employee, volunteer, student, or subcontractor has any of the following, then the service provider must prevent that person from having unsupervised access to clients:
(a) A disqualifying conviction or pending criminal charge under chapter 388-113 WAC; or
(b) A disqualifying negative action under chapter 388-113 WAC.
(5) If the background check results show any of the following, then the service provider must conduct a character, suitability, and competence review before allowing the person unsupervised access to clients:
(a) The person has a conviction or pending criminal charge, but the conviction or criminal charge is not disqualifying under chapter 388-113 WAC;
(b) The person has a conviction or pending criminal charge that meets one of the exceptions listed in WAC 388-113-0025; or
(c) Any of the circumstances described in WAC 388-101-3080 apply to the individual.
(6) When a service provider receives the results of a person's background check, the service provider must:
(a) Inform the person of the results of the background check;
(b) Inform the person that they may request a copy in writing of the results of the background check. If requested, a copy of the background check results must be provided within 10 working days of the request; and
(c) Notify the department and other appropriate licensing or certification agency of any person resigning or terminated as a result of having a conviction record.
(7) The service provider must renew the Washington state background check for each administrator, employee, volunteer, student, or subcontractor of a service provider. The service provider must at least every 36 months keep current background check results for each administrator, employee, volunteer, student, or subcontractor of a service provider.
(8) Licensed assisted living facilities or adult family homes must adhere to the current regulations in this chapter and in the applicable licensing laws.
(9) All applicants for certification must have a background check.
[Statutory Authority: RCW 71A.12.030, 28 C.F.R. § 20.33(d), RCW 74.39A.056, 71A.12.040, and 71A.12.110. WSR 22-23-022, § 388-101D-0075, filed 11/4/22, effective 12/5/22. WSR 17-03-062, recodified as § 388-101D-0075, filed 1/10/17, effective 2/1/17. Statutory Authority: Chapter 71A.12 RCW. WSR 14-14-030, § 388-101-3250, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 71A.12.030 and [71A.12].080. WSR 12-02-048, § 388-101-3250, filed 12/30/11, effective 1/30/12. Statutory Authority: RCW 71A.12.080, chapter 74.39A RCW. WSR 10-16-084, § 388-101-3250, filed 7/30/10, effective 1/1/11. Statutory Authority: RCW 71A.12.080. WSR 10-03-065, § 388-101-3250, filed 1/15/10, effective 2/15/10. Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022, § 388-101-3250, filed 12/21/07, effective 2/1/08.]