WSR 14-02-028 PROPOSED RULES DEPARTMENT OF HEALTH [Filed December 20, 2013, 3:18 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-980-065 Home care aide provisional certification, establishing a new process for the department of health to issue a provisional home care aide certification to a long-term care worker who is limited English proficient.
Hearing Location(s): Department of Health, Point Plaza East, Rooms 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on February 10, 2014, at 1:30 p.m.
Date of Intended Adoption: February 24, 2014.
Submit Written Comments to: Kendra Pitzler, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by February 10, 2014.
Assistance for Persons with Disabilities: Contact Kendra Pitzler by February 3, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal implements chapter 259, Laws of 2013 (SHB 1629) by creating a process for a provisional home care aide certification that can be issued to a long-term care worker who is limited English proficient to allow the person additional time to comply with the certification requirements in chapter 18.88B RCW.
Reasons Supporting Proposal: The intent of SHB 1629 was to allow applicants for home care aide certification who have limited English proficiency additional time to meet the requirements for certification. Under SHB 1629, long-term care workers have two hundred days from their date of hire to complete these requirements. The bill gives workers who are limited English proficient more time to meet these requirements. Vulnerable persons are at risk of losing access to personal care services if their caregivers are unable to meet the certification requirements within the specified timeframe.
Statutory Authority for Adoption: Chapter 259, Laws of 2013 (SHB 1629), RCW 18.88B.035.
Statute Being Implemented: Chapter 259, Laws of 2013 (SHB 1629), RCW 18.88B.035.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kendra Pitzler, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4723.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
December 19, 2013
Jessica Todorovich
Deputy Secretary
for John Wiesman, DrPH, MPH
Secretary
REQUIREMENTS FOR A PROVISIONAL CERTIFICATION
NEW SECTION
WAC 246-980-065 Home care aide provisional certification.
(1) The department may issue a provisional certification to a long-term care worker who is limited-English proficient and submits: (a) A request for a provisional certification; and (b) Verification of his or her date of hire as a long-term care worker, as follows: (i) For individual providers, verification of the applicant's date of hire submitted directly by the department of social and health services; or (ii) For all other applicants, a form supplied by the department and completed by the employer who hired the applicant as a long-term care worker, verifying the applicant's date of hire. (2) A provisional certification will be issued only once. (3) A provisional certification will take effect two hundred days from the applicant's date of hire as a long-term care worker, as defined in WAC 246-980-010(2). (4) A provisional certification will expire two hundred sixty days from the applicant's date of hire as a long-term care worker. The applicant must stop working on the two hundred sixtieth day of employment if the certification has not been granted for any reason. (5) A request for provisional certification may be denied pursuant to chapter 18.130 RCW, the Uniform Disciplinary Act, or based on RCW 18.88B.080. (6) For the purposes of this section, "limited-English proficient" means that an individual is limited in his or her ability to read, write, or speak English. (7) Provisional certifications will not be issued after March 1, 2016.
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