AN
ACT Relating to nursing assistant training; and amending RCW 74.39A.050.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
74.39A.050 and 1997 c 392 s 209 are each amended to read as follows:
The
department's system of quality improvement for long-term care services shall use
the following principles, consistent with applicable federal laws and
regulations:
(1)
The system shall be client-centered and promote privacy, independence, dignity,
choice, and a home or home-like environment for consumers consistent with
chapter 392, Laws of 1997.
(2)
The goal of the system is continuous quality improvement with the focus on
consumer satisfaction and outcomes for consumers. This includes that when
conducting licensing inspections, the department shall interview an appropriate
percentage of residents, family members, resident managers, and advocates in
addition to interviewing providers and staff.
(3)
Providers should be supported in their efforts to improve quality and address
identified problems initially through training, consultation, technical
assistance, and case management.
(4)
The emphasis should be on problem prevention both in monitoring and in
screening potential providers of service.
(5)
Monitoring should be outcome based and responsive to consumer complaints and a
clear set of health, quality of care, and safety standards that are easily
understandable and have been made available to providers.
(6)
Prompt and specific enforcement remedies shall also be implemented without
delay, pursuant to RCW 74.39A.080, RCW 70.128.160, chapter 18.51 RCW, or
chapter 74.42 RCW, for providers found to have delivered care or failed to
deliver care resulting in problems that are serious, recurring, or uncorrected,
or that create a hazard that is causing or likely to cause death or serious harm
to one or more residents. These enforcement remedies may also include, when
appropriate, reasonable conditions on a contract or license. In the selection
of remedies, the safety, health, and well-being of residents shall be of
paramount importance.
(7)
To the extent funding is available, all long-term care staff directly
responsible for the care, supervision, or treatment of vulnerable persons
should be screened through background checks in a uniform and timely manner to
ensure that they do not have a criminal history that would disqualify them from
working with vulnerable persons. Whenever a state conviction record check is
required by state law, persons may be employed or engaged as volunteers or
independent contractors on a conditional basis according to law and rules
adopted by the department.
(8)
No provider or staff, or prospective provider or staff, with a stipulated
finding of fact, conclusion of law, an agreed order, or finding of fact,
conclusion of law, or final order issued by a disciplining authority, a court
of law, or entered into a state registry finding him or her guilty of abuse,
neglect, exploitation, or abandonment of a minor or a vulnerable adult as
defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised
access to vulnerable adults.
(9)
Under existing funds the department shall establish internally a quality
improvement standards committee to monitor the development of standards and to
suggest modifications.
(10) Within existing funds, the department shall design, develop,
and implement a long-term care training program that is flexible, relevant, and
qualifies towards the requirements for a nursing assistant certificate as
established under chapter 18.88A RCW. This subsection does not require completion
of the nursing assistant certificate training program by providers or their
staff. The long-term care teaching curriculum must consist of a fundamental
module, or modules, and a range of other available relevant training modules
that provide the caregiver with appropriate options that assist in meeting the
resident's care needs. Some of the training modules may include, but are not
limited to, specific training on the special care needs of persons with
developmental disabilities, dementia, mental illness, and the care needs of the
elderly. No less than one training module must be dedicated to workplace
violence prevention. The nursing care quality assurance commission shall work
together with the department to develop the curriculum modules ((and)).
The nursing care quality assurance commission shall direct the nursing
assistant training programs to accept some or all of the skills and
competencies from the curriculum modules ((hour for hour)) towards
meeting the requirements for a nursing assistant certificate as defined in
chapter 18.88A RCW. A process may be developed to test persons completing
modules from a caregiver's class to verify that they have the transferable
skills and competencies for entry into a nursing assistant training program.
The department may review whether facilities can develop their own related
long-term care training programs. The department may develop a review process
for determining what previous experience and training may be used to waive some
or all of the mandatory training. The department of social and health
services and the nursing care quality assurance commission shall work together
to develop an implementation plan by December 12, 1998.
