PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-18-083.
Title of Rule and Other Identifying Information: In this proposal, the department is:
| • | Amending WAC 388-112-0250 What is cardiopulmonary resuscitation (CPR) training? |
| • | Amending WAC 388-112-0270 Who must take residential care administrator training and when? |
| • | Adding sections in chapter 388-112 WAC, Residential long-term care services, related to requirements for human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) training. |
Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on December 5, 2006, at 10:00 a.m.
Date of Intended Adoption: Not earlier than December 6, 2006.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on December 5, 2006.
Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by December 1, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 249, Laws of 2006 (RCW 70.128.120) requires that all prospective adult family home providers take the residential care administrator training prior to being licensed. The purpose of the new language in WAC 388-112-0270 is to add this requirement. The purpose for new language in WAC 388-112-0250 is to clarify that CPR training must include written and skills tests. The purpose of new rules in chapter 388-112 WAC is to add content requirements for HIV/AIDS training.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 74.08.090, 18.20.090, 70.128.040, chapter 70.128 RCW.
Statute Being Implemented: RCW 74.08.090, 18.20.090, 70.128.040, chapter 70.128 RCW as amended by chapter 249, Laws of 2006.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Barbara Hanneman, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2540.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed these rules and determined that no new costs will be imposed on small businesses or nonprofits, or costs, if any, would be minor.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Tiffany Sevruk, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2538, fax (360) 407-7582, e-mail sevruta@dshs.wa.gov.
October 26, 2006
Andy Fernando, Manager
Rules and Policies Assistance Unit
3811.1
[Statutory Authority: RCW 18.20.090, 70.128.040, 70.128.230. 06-16-072, § 388-112-0250, filed 7/28/06, effective 8/28/06. Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-066, § 388-112-0250, filed 7/11/02, effective 8/11/02.]
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(1) Causes of HIV and how it is spread, including:
(a) Reported cases in the United States and Washington State; and
(b) Risk groups and risky behaviors.
(2) Transmission and infection control, including:
(a) Infection control precautions;
(b) Factors affecting the risk for transmission; and
(c) Risks for transmission to health care workers.
(3) Legal and ethical issues, including:
(a) Confidentiality;
(b) Informed consent;
(c) Legal reporting requirements;
(d) Ethical issues; and
(e) Civil rights.
(4) Psychosocial issues, including:
(a) Personal impact of HIV continuum;
(b) The human response to death and dying;
(c) Issues for care providers;
(d) Family issues; and
(e) Special populations.
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(1) The name of the trainee;
(2) The name of the training curriculum;
(3) The name of the home or training entity giving the training;
(4) The instructor's name and signature;
(5) The date(s) of the training session; and
(6) The trainee must be given an original certificate. A home must keep a copy of the certificate on file.
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Adult family homes:
(1) Licensed, certified or registered staff must meet the HIV/AIDS training requirements for their specific Department of Health license, certification or registration.
(2) All other adult family home staff who may have potential exposure to bodily fluids must meet the HIV/AIDS requirements before having routine interaction with any resident.
Boarding homes:
(3) Licensed, certified, or registered staff must meet the HIV/AIDS training requirements for their specific Department of Health license, certification, or registration.
(4) All other boarding home staff who may have potential exposure to bodily fluids must meet the HIV/AIDS requirements before having routine interaction with any resident.
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Prospective providers applying for a license after January 1, 2007: Before a license for an adult family home is granted, the prospective provider must successfully complete the department approved forty-eight hour residential care administrator training for adult family homes.
[Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-066, § 388-112-0270, filed 7/11/02, effective 8/11/02.]