WSR 02-15-066

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed July 11, 2002, 4:33 p.m. ]

Date of Adoption: July 10, 2002.

Purpose: Adopting new WAC 388-112-0200 through 388-112-0410. These rules implement requirements for licensed boarding home administrators and caregivers to have continuing education; moves all training requirements for these two settings into one training WAC; and implements processes for approval of alternative curricula and instructors. Proposed amendments to WAC 388-78A-060 filed as WSR 01-23-074 were withdrawn.

Citation of Existing Rules Affected by this Order: Amending WAC 388-78A-050.

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 01-23-074 on November 20, 2001, and supplemental notice filed as WSR 02-11-031 on May 7, 2002.

Changes Other than Editing from Proposed to Adopted Version: These rules were originally filed as WSR 01-23-074. 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 388-112-0225 May specialty training be used to meet continuing education requirements? Manager Sspecialty training and caregiver specialty training, using an approved curriculum, except any specialty training completed through a challenge test, may be used to meet continuing education requirements. Clarify separate manager and caregiver specialty training, and that an approved curriculum must be used.
WAC 388-112-0240 What are the documentation requirements for continuing education?

(1) (c) The instructor's name, name of the home or training entity giving the training, or the name of the video, on-line class, professional journal, or equivalent instruction materials completed;

Clarification, since instructor's name alone will not identify the home or other training entity involved.
WAC 388-112-0245 Who is required to complete continuing education training, and when?

(3) Boarding home administrators (or their designees) and caregivers must complete ten hours of continuing education each calendar year (January 1 through December 31) after the year in which they successfully complete basic or modified basic training. A boarding home administrator with a current nursing home administrator license is exempt from this requirement.

Exemption for administrators with NH license based on public comment.
WAC 388-112-0260 What are the CPR and first aid training requirements?

(4) Boarding home administrators who provide direct care, and caregivers must take possess a valid CPR and first aid card or certificate within thirty days of employment, and must maintain valid cards or certificates. Boarding home licensed nurses must possess a valid CPR card or certificate within thirty days of employment, and must maintain a valid card or certificate.

Based on public comment, licensed nurses are not required to take first aid; only BH administrators who provide direct care are required to take first aid.

"Possess a valid card" rewording based on public comment that someone may already possess a valid card, and should not have to retake the training.

WAC 388-112-0285 What documentation is required for residential care administrator training?

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

Clarify the meaning of "location" because some people thought it meant the city, not the training entity.
WAC 388-112-0300 What training must include the DSHS-developed competency test?

Basic, modified basic, manager specialty, caregiver specialty in boarding homes, and nurse-delegation core training must include the DSHS-developed competency test.

Renumbering; clarify separate specialty training for caregivers and managers; clarify that only the BH caregiver specialty includes a test, and not the AFH caregiver specialty training.
WAC 388-112-0305 How must competency test administration be standardized?

To standardize competency test administration, testing must include the following components:

(1) The person teaching the course must oversee administer or supervise the administration of all testing; and

"Oversee" was not clear, so it was reworded for clarity, based on comments.
WAC 388-112-0320 What trainings must be taught with a curriculum approved by DSHS?

(1) (c) Manager mental health, dementia, and developmental disabilities specialty training;

(d) Caregiver specialty training in boarding homes; and

(e) Any training that integrates basic with a manager specialty training or caregiver specialty training. ...

(4) A curriculum other than the DSHS curriculum must be approved by attestation before it is used. An attestation that the curriculum meets all requirements under this chapter will be sufficient for initial approval. Final approval will be based on curriculum review, as described under WAC 388-112-0330.

Separate references to manager and caregiver specialty.

Clarify that a review and final approval will follow.

WAC 388-112-0335 What are the requirements for a boarding home or adult family home that wishes to conduct basic, modified basic, manager specialty, or caregiver specialty staff training?

(1) A boarding home or adult family home wishing to conduct basic, modified basic, manager specialty, or caregiver specialty training for boarding home caregivers may do so if the home:

Renumbering within the section for clarity. Clarify manager and caregiver specialty training, and that this does not apply to AFH caregiver specialty training.
(1a) Verifies ...;

(2b) Teaches ...

Internal renumbering.
(3c) Notifies DSHS in writing of the home's intent to conduct staff training prior to providing the home's first training, and when changing training plans, including: Clarification based on public comment.
(ai) Home name;

(bii) Name of training(s) ...;

(ciii) Name of curriculum(s) ...;

Internal renumbering.
(iv) Name of lead instructor and instructor's past employment in boarding homes and adult family homes; and Add information needed per WAC 388-112-0345.
(dv) Whether the home ...

(4d) Ensures that ...;

Internal renumbering.
(5e) Provides a certificate ...:

(ai) The trainee's ...

(bii) The name ...;

Internal renumbering.

(ciii) The location name of the home giving of the training; Clarification.
(div) The instructor's ...

(ev) The date(s) ...;

(6f) Keeps a copy ...;

(7g) Keeps ...

(8h) Reports ....

Internal renumbering.
(2) An adult family home wishing to conduct caregiver specialty training that is taught by the provider, resident manager, or person knowledgeable about the specialty area, as required under WAC 388-112-0110 subsection (3), must document the specialty training as provided under WAC 388-112-0155. Clarify that AFH requirements are different from BH; not changing from current WAC except to clarify documentation requirement.
(3) The home's instructor has been a licensee, boarding home administrator, or adult family home resident manager, as applicable, of any home while it was under subject to temporary management or subject to a revocation or summary suspension of the home's license, a stop placement of admissions order, a condition on the license related to resident care, or a civil fine of five thousand dollars or more, while the instructor was the licensee, administrator, or resident manager; or Response to public comment, that someone coming in after a home is under enforcement, to help the home improve, should not be prohibited from becoming an instructor.
WAC 388-112-0345 (4) The home has been operated under temporary management or has been subject to a revocation or suspension of the home's license, a stop placement of admissions order, a condition on the license related to resident care, or a civil fine of five thousand dollars or more within the previous twelve months. Response to public comment, adding a clear time limit to this subsection.
WAC 388-112-0380 (1)(a) Upon initial approval or hire, must have:

(i) A high school diploma and one year of professional or caregiving experience within the last five years in an adult family home, boarding home, supported living through DDD per chapter 388-820 WAC, or home care setting; or

(ii) An associate degree in a health field and six months professional or caregiving experience within the last five years in an adult family home, boarding home, supported living through DDD per chapter 388-820 WAC, or home care setting.

These changes were made in response to public comment to allow professional experience as well as caregiving experience to meet the work requirement.
(b) Meet up to Must have forty hours of the one hundred hours of teaching experience, hour for hour, by teaching while being mentored by an instructor who meets these qualifications; and attend a class in adult education that meets the requirements of WAC 388-112-0400. Clarification based on public comment.
WAC 388-112-0385

What are the minimum qualifications for instructors for manager and caregiver mental health specialty instructors? (1) Instructors for manager mental health specialty training: The minimum qualifications for instructors for manager mental health specialty, instructors, in addition to the general qualifications in WAC 388-112-0375, include: Clarify there are different requirements for manager and caregiver training. This section includes both.
(1a) The instructor ...; Internal renumbering.
(2b) Education -

(ai) Bachelor's degree... (One year of education equals twenty-four semester hours, forty-five thirty-six quarter hours, or one hundred ninety-two hours of seminars, conferences, and continuing education.):

Equivalent number of quarter hours changed in response to public comment.
(b) (ii) If required ....

(3c) Work experience ...

(4d) Teaching experience

(ai) Two hundred hours...

(bii) Successful completion ...:

(Ai) For instructors ...;

(iiB) For instructors ...

(5e) Instructors ....

Internal renumbering.
(2) Instructors for caregiver mental health specialty training: Clarify separate training requirements.
(a) Caregiver mental health specialty may be taught by a boarding home administrator (or designee), adult family home provider, or corporate trainer, who has successfully completed the manager mental health specialty training. A qualified instructor under this subsection may teach caregiver specialty to caregivers employed at other home(s) licensed by the same licensee. Options for in home training with reduced requirements, based on public comments about cost. This was moved into this section from sections 0110 and 0360, based on public comment.
(b) Caregiver mental health specialty taught by a person who does not meet the requirements in subsection (2)(a) must meet the same requirements as the instructors for manager mental health specialty in subsection (1). Clarification.
WAC 388-112-0390 What are the minimum qualifications for instructors for manager and caregiver dementia specialty instructors? (1) The minimum qualifications for instructors for manager dementia specialty instructors, in addition to the general qualifications under WAC 388-112-0375, include:

Clarify there are different requirements for manager and caregiver training. This section includes both.

Internal renumbering throughout the section.

(1a) The instructor ... Internal renumbering throughout subsection (1).
(2b) Education -

(ai) Bachelor's degree, ... (One year of education equals twenty-four semester hours, forty-five thirty-six quarter hours, or one hundred ninety-two hours of seminars, conferences, and continuing education.)

Equivalent number of quarter hours changed in response to public comment.
(b)(ii) If required ...

(3c) Work experience ...

(4d) Teaching ...

(ai) Two hundred ..

(ii) Successful completion ...

(B) For instructors ....

(5d) Instructors ....

Internal renumbering.
(2) Instructors for caregiver dementia specialty training: Clarify different requirements for caregiver training.
(a) Caregiver dementia specialty may be taught by a boarding home administrator (or designee), adult family home provider, or corporate trainer, who has successfully completed the manager dementia specialty training. A qualified instructor under this subsection may teach caregiver specialty to caregivers employed at other home(s) licensed by the same licensee. Options for home-based training with reduced requirements, based on public comments about cost.

This was moved into this section from sections 0110 and 0360, based on public comment.

(b) Caregiver dementia specialty taught by a person who does not meet the requirements in subsection (2)(a) must meet the same requirements as the instructors for manager dementia specialty in subsection (1). Clarification.
WAC 388-112-0395 What are the minimum qualifications for instructors for manager and caregiver developmental disabilities specialty training instructors?

(1) The minimum qualifications for instructors for manager developmental disabilities specialty instructors, in addition to the general qualifications under WAC 388-112-0375, includee:

Clarify there are different requirements for manager and caregiver training. This section includes both.
(1a) Education ...:

(i) Bachelor's ...

Internal renumbering.
(bii) High school diploma ...

(2b) Successful ...

(3c) Teaching experience:

(ai) Two hundred hours ...

(bii) Successful ...

(iA) For instructors ...

(iiB) For instructors ....

(4d) Instructors ...

Internal renumbering.
(2) Instructors for caregiver developmental disabilities specialty training: Identify caregiver training requirements.
(c) Caregiver developmental disabilities specialty may be taught by a boarding home administrator (or designee), adult family home provider, or corporate trainer, who has successfully completed the manager developmental disabilities specialty training. A qualified instructor under this subsection may teach caregiver specialty to caregivers employed at other home(s) licensed by the same licensee. Options for home-based training with reduced requirements, based on public comments about cost.
(d) Caregiver developmental disabilities specialty taught by a person who does not meet the requirements in subsection (2)(a) must meet the same requirements as the instructors for manager developmental disabilities specialty in subsection (1). Clarification, given option listed above.
WAC 388-112-0405 What physical resources are required for basic, modified basic, managers' specialty, caregivers' specialty, or nurse delegation core classroom training and testing?

(1) Classroom space used for basic, modified basic, managers' specialty, caregiver specialty, or nurse delegation core classroom training must be accessible to trainees and provide adequate space for learning activities, comfort, lighting, lack of disturbance, and tools for effective teaching and learning learning such as white boards and flip charts. Appropriate supplies and equipment must be provided for teaching and practice of caregiving skills in the class being taught.

Clarify two types of specialty; 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 43, Amended 0, Repealed 1.

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 43, Amended 0, Repealed 1.
Effective Date of Rule: Thirty-one days after filing.

July 10, 2002

Brian H. Lindgren, Manager

Rules and Policies

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