WSR 02-15-065

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed July 11, 2002, 4:31 p.m. ]

Date of Adoption: July 10, 2002.

Purpose: Adopting new WAC 388-112-0001 through 388-112-0195. These rules implement requirements for staff orientation in adult family homes and boarding homes; implements requirements for licensed boarding home administrators and caregivers to have basic training and specialty training; moves all training requirements for these two settings into one training WAC.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-76-59100, 388-76-59110, 388-76-59120 and 388-110-110; and amending WAC 388-76-570, 388-76-655, and 388-76-660.

Statutory Authority for Adoption: RCW 18.20.090, 70.128.040, 74.39A.050, and 34.05.020.

Other Authority: Chapter 121, Laws of 2000, and chapter 233, Laws of 2002.

Adopted under notice filed as WSR 01-23-073 on November 20, 2001, and supplemental notice filed as WSR 02-11-032 on May 7, 2002.

Changes Other than Editing from Proposed to Adopted Version: These rules were originally filed as WSR 01-23-073. As a result of public comments and statutory directives, the rules were revised, renumbered, and reproposed.


Rules as Proposed Changes (additions underlined, deletions struck through) Explanation of changes
WAC 388-112-0005 What definitions apply to this chapter?
"Designee" means a person in a boarding home who supervises caregivers and who is designated by a boarding home administrator to take the trainings in this chapter required of the boarding home administrator. A boarding home administrator may have more than one designee. Clarification.
WAC 388-112-0010 When do the training requirements go into effect?

(1) The training requirements of this chapter begin September 1, 2002, or one hundred twenty days from the date of employment, whichever is later, and apply to:

(2) Adult family home providers, resident managers, and caregivers, and boarding home administrators, designees, and caregivers, who are hired or begin to provide hands-on personal care to residents subsequent to September 1, 2002; and

(3) Existing adult family home providers, resident managers, and caregivers, and boarding home administrators, designees, and caregivers, who on September 1, 2002, have not successfully completed the training requirements under RCW 74.39A.010, 74.39A.020, 70.128.120, or 70.128.130 and this chapter. Existing adult family home providers, resident managers, and caregivers, and boarding home administrators, designees, and caregivers, who have not successfully completed the training requirements under RCW 74.39A.010, 74.39A.020, 70.128.120, or 70.128.130 are subject to all applicable requirements of this chapter. However, until September 1, 2002, nothing in this chapter affects the current training requirements under RCW 74.39A.010, 74.39A.020, 70.128.120, or 70.128.130.

New WAC section, added from statute per chapter 233, Laws of 2002 for clarification.
WAC 388-112-0035 (5) The location of name of the home giving the orientation; and Clarify meaning of "location" based on comments.
WAC 388-112-0040 Who is required to complete orientation, and when must it be completed?

(1) Adult family home providers (including entity representatives as defined under chapter 388-76 WAC), resident managers, and a All paid or volunteer staff who begin work September 1, 2002 or later must complete orientation before having routine interaction with residents.

Clarify that AFH providers do not have to have this orientation, but all other staff do.

WAC 388-112-0070 What documentation is required for successful completion of basic training?

(1)(c) The location of name of the home or training entity giving the training; ...

Clarify what was meant by location, based on public comment.
WAC 388-112-0075 Who is required to complete basic training, and when?

(4) Boarding home administrators (or their designees), except administrators with a current nursing home administrator license, must complete basic training and demonstrate competency within one hundred twenty days of employment or within one hundred twenty days of September 1, 2002, whichever is later.

Change based on public comment.
WAC 388-112-0100 What documentation is required for successful completion of modified basic training?

(1)(c) The location of name of the home or training entity giving the training. ...

Clarification based on public comment.
WAC 388-112-0110 What is specialty training?

(1) Specialty or "special needs" training, including caregiver specialty training, provides instruction in caregiving skills that meet the special needs of people living with mental illness, dementia, or developmental disabilities. Specialty trainings are different for each population served and are not interchangeable. Specialty training may be integrated with basic training if the complete content of each training is included. DSHS must approve specialty training curricula for managers and caregivers, except for adult family home caregiver dementia and mental health specialty training.

(1) (2) Manager specialty training for boarding home administrators (or designees), adult family home providers and resident managers specialty training:

After successfully completing the specialty training, the boarding home administrator (or designee) may train his or her own caregiver staff as follows:...

(2) (3) Boarding home c Caregiver specialty training for boarding homes:

(3) (4) Caregiver specialty training for adult family homes caregiver specialty training:

The provider or resident manager who has successfully completed the manager specialty training, or a person knowledgeable about the specialty area trains adult family home caregivers in the specialty needs of the individual residents in the adult family home, and there is no required curriculum.

(1) Clarify that DSHS does not need to approve AFH caregiver specialty training curricula.

(2) Differentiate between manager and caregiver specialty trainings.

Information on administrators and designees training their own caregivers in specialty without meeting the instructor qualifications has been moved to the instructor qualifications for each specialty, sections 0385, 0390, and 0395.

(3) Editing.

(4) Clarification.

WAC 288-112-0120 What knowledge and skills must manager and caregiver developmental disabilities specialty training include?

(1) Manager and caregiver developmental disabilities specialty training must include all of the learning outcomes and competencies published by DSHS for the following core knowledge and skills:

(3) The manager and caregiver developmental disabilities specialty training learning outcomes and competencies may be obtained from the DSHS division of developmental disabilities.

Clarify that this training content is for both managers and caregivers.
WAC 388-112-0125 What knowledge and skills must manager dementia specialty include? (1) Manager dementia specialty training must include all the learning outcomes and competencies published by DSHS for the following core knowledge and skills:...

(2) The manager dementia specialty training learning outcomes and competencies may be obtained from the DSHS aging and adult services administration.

Clarify that this training is for managers, not caregivers.
WAC 388-112-0135 What knowledge and skills must manager mental health specialty training include? Manager mental health specialty training must include all the learning outcomes and competencies published by DSHS for the following core knowledge and skills:

(2) The manager mental health specialty training learning outcomes and competencies may be obtained from the DSHS aging and adult services administration.

Clarify that this training is for managers, not caregivers.
WAC 388-112-0155 What documentation is required for successful completion of specialty training, including caregiver specialty training?

(3) The location of name of the home or training entity giving the training. ...

Clarify "location" based on public comment.
WAC 388-112-0160 Who is required to complete manager specialty training, and when? Adult Family Homes

(1) Adult family home providers (including entity representatives as defined under chapter 388-76 WAC) and resident managers must complete manager specialty training and demonstrate competency before admitting and serving residents who have special needs related to mental illness, dementia, or a developmental disability.

(2) If a resident develops special needs while living in a home without a specialty designation, the provider and resident manager have one hundred twenty days to complete manager specialty training and demonstrate competency.

Clarify type of specialty training required.
Boarding Homes

(3) If a boarding home serves one or more residents with special needs, the boarding home administrator (or designee) must complete manager specialty training and demonstrate competency within one hundred twenty days of employment or within one hundred twenty days of September 1, 2002, whichever is later. home. A boarding home administrator with a current nursing home administrator license is exempt from this requirement, unless the administrator will train their facility caregivers in a caregiver specialty.

(4) If a resident develops special needs while living in a boarding home, the boarding home administrator (or designee) has one hundred twenty days to complete manager specialty training and demonstrate competency. .A boarding home administrator with a current nursing home administrator license is exempt from this requirement, unless the administrator will train their facility caregivers in a caregiver specialty.

Clarify type of specialty training required.

Changed based on public comment.

WAC 388-112-0190 (1)(c) The location of name of the training entity giving the training,;

Clarification.
WAC 388-112-0195 Who is required to complete nurse delegation core training, and when?

(1) Before performing any delegated nursing task, adult family home staff must:

(a) Successfully complete DSHS-designated nurse delegation core training; and

(b) Be a nursing assistant registered or certified under chapter 18.88A RCW; and

(c) If a nursing assistant registered, successfully complete basic training..

(2) Before performing any delegated nursing task, boarding home staff must:

(a) Successfully complete DSHS-designated nurse delegation core training; and

(b) Be a nursing assistant registered or certified under chapter 18.88A RCW; and

(c) If a nursing assistant registered, successfully complete basic training..

Add more complete information about nurse delegation requirements; editing.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 40, Amended 3, Repealed 4.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 40, Amended 3, Repealed 4.
Effective Date of Rule: Thirty-one days after filing.

July 10, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-16 issue of the Register.

Washington State Code Reviser's Office