(1) The purpose of this chapter is to describe the following:
(a) Criminal convictions, pending charges, and negative actions that automatically disqualify an applicant from having unsupervised access to vulnerable adults or minors who are receiving services from a program or facility under subsection (2) of this section;
(b) Exceptions to automatic disqualifications that may apply to certain criminal convictions and pending charges;
(c) Character, competence, and suitability review;
(d) Circumstances in which providers may share background check results and criminal history record information;
(e) One hundred and twenty day provisional hire while fingerprints are pending; and
(f) Confidentiality and retention for background checks.
(2) This chapter applies to the following programs or facilities:
(a) Long-term care workers providing in-home care under chapter
388-106 WAC, Long-term care services;
(b) Chapter
388-76 WAC, Licensed adult family homes;
(c) Chapter
388-78A WAC, Licensed assisted living facilities;
(d) Chapter
388-97 WAC, Licensed nursing homes and medicare and medicaid certified nursing facilities;
(e) Certified community residential services and supports under chapter
388-101 and
388-101D WAC;
(f) Chapter
388-107 WAC, Licensed enhanced services facilities under chapter
388-107 WAC; and
(g) Developmental disabilities administration programs under chapter
388-825 WAC.
[Statutory Authority: RCW
74.08.090,
74.09.520,
43.43.832,
74.39A.270,
74.39A.056,
74.39A.074,
43.20A.710,
74.39A.525,
43.43.842,
74.39A.326,
74.39A.515,
74.39A.505,
18.88B.021,
43.43.837 and 2018 c 278. WSR 21-18-081, § 388-113-0005, filed 8/30/21, effective 10/1/21. Statutory Authority: RCW
74.08.090,
74.09.520,
74.39A.056. WSR 14-14-025, § 388-113-0005, filed 6/24/14, effective 7/25/14.]