WSR 16-21-060 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Aging and Long-Term Support Administration) [Filed October 14, 2016, 2:03 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-10-066.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-76-10135 Qualifications—Caregiver and 388-76-10660 Chemical restraints.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on November 22, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than November 23, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., November 22, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by November 8, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department identified WAC 388-76-10135 and 388-76-10660 for amendment because of public comments received during the public hearing on August 23, 2016, for proposed rules filed as WSR 16-14-037. However, these WAC sections could not be included in the permanent rule amendments filed as WSR 16-20-095 because the amendments of these sections had not been proposed under WSR 16-14-037 and could not be included in the permanent amendments per RCW 34.05.340(2).
Reasons Supporting Proposal: The amendment to WAC 388-76-10660 is necessary to match the statute, and the amendments to both sections are needed for clarity, are beneficial to regulated entities, and are consistent with a recent rule filing.
Statutory Authority for Adoption: Chapter 70.128 RCW.
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: Sherise Baltazar, P.O. Box 45600, Olympia, WA 98513, (360) 725-3204; Implementation: Candace Goehring, P.O. Box 45600, Olympia, WA 98513; and Enforcement: Bett Schlemmer, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3) and 34.05.310(4), a small business economic impact statement is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.
A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(iii), a cost-benefit analysis is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.
October 13, 2016
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-14-028, filed 6/24/14, effective 7/25/14)
WAC 388-76-10135 Qualifications—Caregiver.
The adult family home must ensure each caregiver has the following minimum qualifications:
(1) Be eighteen years of age or older;
(2) ((Have)) Has a clear understanding of the caregiver job responsibilities and knowledge of each resident's negotiated care plan to provide care specific to the needs of each resident;
(3) ((Have)) Has basic communication skills to:
(a) Be able to communicate or make provisions to communicate with the resident in his or her primary language; and
(b) Understand and speak English well enough to:
(i) Respond appropriately to emergency situations; and
(ii) Read, understand, and implement resident negotiated care plans((.));
(4) ((Completion of)) Has completed the training requirements ((that were)) in effect on the date ((they were)) the caregiver was hired, including the requirements ((described in)) applicable to the caregiver under chapter 388-112 WAC;
(5) ((Have)) Has no disqualifying criminal convictions or pending criminal charges under chapter 388-113 WAC;
(6) ((Have)) Has none of the negative actions listed in WAC 388-76-10180;
(7) ((Have)) Has a current valid first((-))aid ((and)) card or certificate as required in chapter 388-112 WAC, except nurses, who are exempt from this requirement;
(8) Has a valid cardiopulmonary resuscitation (CPR) card or certificate as required in chapter 388-112 WAC; and
(((8) Have)) (9) Meets the tuberculosis screening ((to establish tuberculosis status per)) requirements of this chapter.
AMENDATORY SECTION (Amending WSR 16-06-004, filed 2/17/16, effective 4/1/16)
WAC 388-76-10660 Chemical restraints.
(1) ((For the purposes of this section "chemical restraint" means a drug that is given)) "Chemical restraint(s)" cannot be used for discipline or convenience ((and not required to treat the resident's medical symptoms)).
(2) ((The adult family home must ensure that each resident is free from chemical restraints)) Must only be used within the guidelines as "chemical restraint" is defined.
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