WSR 17-01-002
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed December 7, 2016, 4:34 p.m., effective January 7, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-76-10135 QualificationsCaregiver and 388-76-10660 Chemical restraints, as a result of comments received at the public hearing for WSR 16-14-037 on August 23, 2016. The amendment to WAC 388-76-10660 is needed to be consistent with statute. The amendments to both sections improve clarity, are beneficial to regulated entities, and were intended to be included with the permanent rules filed as WSR 16-20-095.
Citation of Existing Rules Affected by this Order: Amending WAC 388-76-10135 and 388-76-10660.
Statutory Authority for Adoption: Chapter 70.128 RCW.
Adopted under notice filed as WSR 16-21-060 on October 14, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: December 7, 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 QualificationsCaregiver.
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.