PDFWAC 246-980-120

Home care aide—Application—Conviction data—Criteria for denial or conditional license.

(1) An applicant who has any criminal history may be denied certification or may be granted certification with conditions pursuant to RCW 18.130.055.
(2) In determining whether to deny certification or grant certification with conditions due to an applicant's criminal history, the department may consider, but is not limited to, the following factors:
(a) The severity of the crime as classified under law;
(b) The number of convictions and whether the applicant has exhibited a pattern of criminal conduct;
(c) The amount of time elapsed since the date of conviction or the date of offense;
(d) The amount of time the applicant has spent in the community after release from custody;
(e) Whether any conviction is listed by the department of social and health services as a disqualifying crime, including those offenses listed in RCW 43.43.830 (7), (8), or (9);
(f) Whether the applicant has complied with court-ordered conditions such as treatment, restitution, or other remedial or rehabilitative measures;
(g) Other remediation or rehabilitation by the applicant subsequent to the conviction date;
(h) Whether the applicant disclosed the conviction on the certification application; and
(i) Any other factor relating to the applicant's ability to practice as a home care aide with reasonable skill and safety.
(3) A long-term care worker disqualified from working with vulnerable persons under chapter 74.39A RCW may not be certified as a home care aide.
[Statutory Authority: RCW 18.88B.021. WSR 18-20-072, § 246-980-120, filed 9/28/18, effective 10/29/18. Statutory Authority: Chapters 18.88B and 18.130 RCW, 2012 c 164, and 2013 c 259. WSR 13-19-087, § 246-980-120, filed 9/18/13, effective 10/19/13. Statutory Authority: Chapters 18.88B and 74.39A RCW. WSR 10-15-103, § 246-980-120, filed 7/20/10, effective 1/1/11.]