WSR 02-11-066

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed May 10, 2002, 4:46 p.m. ]

Subject of Possible Rule Making: The residential care services division is adding a new section to chapter 388-97 WAC, Nursing homes, to incorporate changes made during the recent legislative session in SB 5291 regarding influenza virus and pneumococcal disease immunizations.

Residential care services is also amending WAC 388-97-570 to reflect changes made during session in SHB 2382 regarding convictions related to abuse and neglect.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.51.070, 74.42.620.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Legislation from 2002 session was passed in SB 5291 adding a new section to chapter 74.42 RCW, Nursing homes -- Resident care, operating standards, effective June 13, 2002. Adding a new section to chapter 388-97 WAC will incorporate those changes.

2002 legislation in SHB 2382 also added a new section to chapter 9A.42 RCW creating a new crime of criminal mistreatment of the 4th degree, effective June 13, 2002. Amending WAC 388-97-570 will reflect the addition of the new crime as a disqualifying crime in the licensing process.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington State Patrol.

Process for Developing New Rule: The public is welcome to take part in the rule-making process. Upon official publication of proposed rules, mailings will go to nursing home providers and other interested stakeholders included on the mailing list. Any communication can be directed to the staff person indicated below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sherri Wills, Residential Care Services, Aging and Adult Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2348, fax (360) 438-7903, e-mail willssk@dshs.wa.gov.

May 10, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office