WSR 14-09-002 PERMANENT RULES DEPARTMENT OF HEALTH [Filed April 3, 2014, 9:23 a.m., effective May 4, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-980-065 Home care aide provisional certification, adoption of a new section to establish a 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. This new rule allows these applicants additional time to comply with the certification requirements in chapter 18.88B RCW pursuant to SHB 1629 (chapter 259, Laws of 2013).
Statutory Authority for Adoption: Chapter 259, Laws of 2013 (SHB 1629), RCW 18.88B.035.
Adopted under notice filed as WSR 14-02-028 on December 20, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: April 3, 2014.
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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