AN
ACT Relating to long-term caregiver training; amending RCW 18.20.270, 70.128.230,
and 74.39A.190; adding a new section to chapter 43.20A RCW; and declaring an
emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.20.270 and 2000 c 121 s 2 are each amended to read as follows:
(1)
The definitions in this subsection apply throughout this section unless the
context clearly requires otherwise.
(a)
"Caregiver" includes any person who provides residents with hands-on
personal care on behalf of a boarding home, except volunteers who are directly
supervised.
(b)
"Direct supervision" means oversight by a person who has demonstrated
competency in the core areas or has been fully exempted from the training
requirements pursuant to this section, is on the premises, and is quickly and
easily available to the caregiver.
(2)
Training must have the following components: Orientation, basic training,
specialty training as appropriate, and continuing education. All boarding home
employees or volunteers who routinely interact with residents shall complete
orientation. Boarding home administrators, or their designees, and caregivers
shall complete orientation, basic training, specialty training as appropriate,
and continuing education.
(3)
Orientation consists of introductory information on residents' rights,
communication skills, fire and life safety, and universal precautions.
Orientation must be provided at the facility by appropriate boarding home staff
to all boarding home employees before the employees have routine interaction
with residents.
(4)
Basic training consists of modules on the core knowledge and skills that
caregivers need to learn and understand to effectively and safely provide care
to residents. Basic training must be outcome-based, and the effectiveness of
the basic training must be measured by demonstrated competency in the core
areas through the use of a competency test. Basic training must be completed
by caregivers within one hundred twenty days of the date on which they begin to
provide hands-on care or within one hundred twenty days of ((March)) September
1, 2002, whichever is later. Until competency in the core areas has been
demonstrated, caregivers shall not provide hands-on personal care to residents
without direct supervision. Boarding home administrators, or their designees,
must complete basic training and demonstrate competency within one hundred
twenty days of employment or within one hundred twenty days of ((March))
September 1, 2002, whichever is later.
(5)
For boarding homes that serve residents with special needs such as dementia,
developmental disabilities, or mental illness, specialty training is required
of administrators, or designees, and caregivers. Specialty training consists
of modules on the core knowledge and skills that caregivers need to effectively
and safely provide care to residents with special needs. Specialty training
should be integrated into basic training wherever appropriate. Specialty
training must be outcome-based, and the effectiveness of the specialty training
measured by demonstrated competency in the core specialty areas through the use
of a competency test. Specialty training must be completed by caregivers
within one hundred twenty days of the date on which they begin to provide
hands-on care to a resident having special needs or within one hundred twenty
days of ((March)) September 1, 2002, whichever is later.
However, if specialty training is not integrated with basic training, the
specialty training must be completed within ninety days of completion of basic
training. Until competency in the core specialty areas has been demonstrated,
caregivers shall not provide hands-on personal care to residents with special
needs without direct supervision. Boarding home administrators, or their
designees, must complete specialty training and demonstrate competency within
one hundred twenty days of ((March)) September 1, 2002, or one
hundred twenty days from the date on which the administrator or his or her
designee is hired, whichever is later, if the boarding home serves one or
more residents with special needs.
(6)
Continuing education consists of ongoing delivery of information to caregivers
on various topics relevant to the care setting and care needs of residents.
Competency testing is not required for continuing education. Continuing
education is not required ((during the first)) in the same calendar
year ((following completion of the)) in which basic ((training))
or modified basic training is successfully completed. Continuing education
is required in each calendar year thereafter. If specialty training is completed,
the specialty training applies toward any continuing education requirement for
up to two years following the completion of the specialty training.
(7)
Persons who successfully challenge the competency test for basic training are
fully exempt from the basic training requirements of this section. Persons who
successfully challenge the specialty training competency test are fully exempt
from the specialty training requirements of this section.
(8)
Licensed persons who perform the tasks for which they are licensed are fully or
partially exempt from the training requirements of this section, as specified
by the department in rule.
(9)
In an effort to improve access to training and education and reduce costs,
especially for rural communities, the coordinated system of long-term care
training and education must include the use of innovative types of learning
strategies such as internet resources, videotapes, and distance learning using
satellite technology coordinated through community colleges or other entities,
as defined by the department.
(10)
The ((community long-term care training and education steering committee
established under RCW 74.39A.190)) department shall develop criteria
for the approval of orientation, basic training, and specialty training
programs.
(11)
Boarding homes that desire to deliver facility-based training with facility
designated trainers, or boarding homes that desire to pool their resources to
create shared training systems, must be encouraged by the department in their
efforts. The ((community long-term care training and education steering
committee)) department shall develop criteria for reviewing and
approving trainers and training materials that are substantially similar to or
better than the materials developed by the ((steering committee)) department.
The department may approve a curriculum based upon attestation by a boarding
home administrator that the boarding home's training curriculum addresses basic
and specialty training competencies identified by the department, and shall
review a curriculum to verify that it meets these requirements. The department
may conduct the review as part of the next regularly scheduled yearly
inspection and investigation required under RCW 18.20.110. The department
shall rescind approval of any curriculum if it determines that the curriculum
does not meet these requirements.
(12)
The department shall adopt rules by ((March)) September 1, 2002,
for the implementation of this section ((based on the recommendations of the
community long-term care training and education steering committee established
in RCW 74.39A.190)).
(13)
The orientation, basic training, specialty training, and continuing education
requirements of this section ((take effect March)) commence September
1, 2002, or one hundred twenty days from the date of employment, whichever
is later, and shall be applied ((prospectively)) to (a) employees
hired subsequent to September 1, 2002; and (b) existing employees that on
September 1, 2002, have not successfully completed the training requirements
under RCW 74.39A.010 or 74.39A.020 and this section. Existing employees who
have not successfully completed the training requirements under RCW 74.39A.010
or 74.39A.020 shall be subject to all applicable requirements of this section.
However, prior to September 1, 2002, nothing in this section affects the
current training requirements under RCW 74.39A.010.
NEW
SECTION. Sec. 2. A
new section is added to chapter 43.20A RCW to read as follows:
The
department shall publish its final basic and specialty training competencies
and learning outcomes as required by chapter 121, Laws of 2000 no later than
June 1, 2002.
Sec.
3. RCW
70.128.230 and 2000 c 121 s 3 are each amended to read as follows:
(1)
The definitions in this subsection apply throughout this section unless the
context clearly requires otherwise.
(a)
"Caregiver" includes all adult family home resident managers and any
person who provides residents with hands-on personal care on behalf of an adult
family home, except volunteers who are directly supervised.
(b)
"Indirect supervision" means oversight by a person who has
demonstrated competency in the core areas or has been fully exempted from the
training requirements pursuant to this section and is quickly and easily
available to the caregiver, but not necessarily on-site.
(2)
Training must have three components: Orientation, basic training, and
continuing education. All adult family home providers, resident managers, and
employees, or volunteers who routinely interact with residents shall complete
orientation. Caregivers shall complete orientation, basic training, and
continuing education.
(3)
Orientation consists of introductory information on residents' rights,
communication skills, fire and life safety, and universal precautions.
Orientation must be provided at the facility by appropriate adult family home
staff to all adult family home employees before the employees have routine
interaction with residents.
(4)
Basic training consists of modules on the core knowledge and skills that
caregivers need to learn and understand to effectively and safely provide care
to residents. Basic training must be outcome-based, and the effectiveness of
the basic training must be measured by demonstrated competency in the core
areas through the use of a competency test. Basic training must be completed
by caregivers within one hundred twenty days of the date on which they begin to
provide hands-on care or within one hundred twenty days of ((March)) September
1, 2002, whichever is later. Until competency in the core areas has been
demonstrated, caregivers shall not provide hands-on personal care to residents
without indirect supervision.
(5)
For adult family homes that serve residents with special needs such as
dementia, developmental disabilities, or mental illness, specialty training is
required of providers and resident managers. Specialty training consists of
modules on the core knowledge and skills that providers and resident managers
need to effectively and safely provide care to residents with special needs.
Specialty training should be integrated into basic training wherever
appropriate. Specialty training must be outcome-based, and the effectiveness
of the specialty training measured by demonstrated competency in the core
specialty areas through the use of a competency test. Specialty training must
be completed by providers and resident managers before admitting and serving
residents who have been determined to have special needs related to mental
illness, dementia, or a developmental disability. Should a resident develop
special needs while living in a home without specialty designation, the
provider and resident manager have one hundred twenty days to complete
specialty training.
(6)
Continuing education consists of ongoing delivery of information to caregivers
on various topics relevant to the care setting and care needs of residents.
Competency testing is not required for continuing education. Continuing
education is not required ((during the first)) in the same calendar
year ((following completion of the)) in which basic ((training))
or modified basic training is successfully completed. Continuing education
is required in each calendar year thereafter. If specialty training is
completed, the specialty training applies toward any continuing education
requirement for up to two years following the completion of the specialty
training.
(7)
Persons who successfully challenge the competency test for basic training are
fully exempt from the basic training requirements of this section. Persons who
successfully challenge the specialty training competency test are fully exempt
from the specialty training requirements of this section.
(8)
Licensed persons who perform the tasks for which they are licensed are fully or
partially exempt from the training requirements of this section, as specified
by the department in rule.
(9)
In an effort to improve access to training and education and reduce costs,
especially for rural communities, the coordinated system of long-term care
training and education must include the use of innovative types of learning
strategies such as internet resources, videotapes, and distance learning using
satellite technology coordinated through community colleges, private
associations, or other entities, as defined by the department.
(10)
Adult family homes that desire to deliver facility-based training with facility
designated trainers, or adult family homes that desire to pool their resources
to create shared training systems, must be encouraged by the department in
their efforts. The ((community long-term care training and education steering
committee)) department shall develop criteria for reviewing and
approving trainers and training materials. The department may approve a
curriculum based upon attestation by an adult family home administrator that
the adult family home's training curriculum addresses basic and specialty
training competencies identified by the department, and shall review a
curriculum to verify that it meets these requirements. The department may
conduct the review as part of the next regularly scheduled inspection authorized
under RCW 70.128.070. The department shall rescind approval of any curriculum
if it determines that the curriculum does not meet these requirements.
(11)
The department shall adopt rules by ((March)) September 1, 2002,
for the implementation of this section ((based on the recommendations of the
community long-term care training and education steering committee established
in RCW 74.39A.190)).
(12)
The orientation, basic training, specialty training, and continuing education
requirements of this section ((take effect March)) commence September
1, 2002, and shall be applied ((prospectively)) to (a) employees
hired subsequent to September 1, 2002; or (b) existing employees that on
September 1, 2002, have not successfully completed the training requirements
under RCW 70.128.120 or 70.128.130 and this section. Existing employees who
have not successfully completed the training requirements under RCW 70.128.120
or 70.128.130 shall be subject to all applicable requirements of this section.
However, until September 1, 2002, nothing in this section affects the
current training requirements under RCW 70.128.120 and 70.128.130.
Sec.
4. RCW
74.39A.190 and 2000 c 121 s 8 are each amended to read as follows:
(1)
The secretary shall appoint a steering committee for community long-term care
training and education to advise the department on the development ((and
approval)) of criteria for training materials, the development of
competency tests, the development of criteria for trainers, and the development
of exemptions from training. The community long-term care training and
education steering committee shall also review the effectiveness of the
training program or programs, including the qualifications and availability of
the trainers. ((The steering committee shall also review the
appropriateness of the adopted rules implementing this section.)) The
steering committee shall advise the department on flexible and innovative
learning strategies that accomplish the training goals, such as competency and
outcome-based models and distance learning. The steering committee shall
review and recommend the most appropriate length of time between an employee's
date of first hire and the start of the employee's basic training.
(2)
The steering committee shall, at a minimum, consist of a representative from
each of the following: Each of the statewide boarding home associations, two
adult family home associations, each of the statewide home care associations,
the long-term care ombudsman program, the area agencies on aging, the
department of health representing the nursing care quality assurance
commission, and a consumer, or their nonprovider designee, from a boarding
home, adult family home, home care served by an agency, and home care served by
an individual provider. A majority of the members currently serving constitute
a quorum.
(3)
Nothing in this chapter shall prevent the adult family home advisory committee
from enhancing training requirements for adult family providers and resident
managers, regulated under chapter 18.48 RCW, at the cost of those providers and
resident managers.
(4)
Establishment of the steering committee does not prohibit the department from
utilizing other advisory activities that the department deems necessary for
program development. However, when the department obtains input from other
advisory sources, the department shall present the information to the steering
committee for their review ((and approval)).
(5)
Each member of the steering committee shall serve without compensation.
Consumer representatives may be reimbursed for travel expenses as authorized in
RCW 43.03.060.
(6)
The steering committee recommendations must implement the intent of RCW
74.39A.050(14) to create training that includes skills and competencies that
are transferable to nursing assistant training.
(7)
The steering committee shall cease to exist ((on)) July 1, ((2004))
2003.
NEW
SECTION. Sec. 5. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
