INITIATIVE 1029
To the People
Chapter 2, Laws of 2009
LONG-TERM CARE SERVICES--ELDERLY--PERSONS WITH DISABILITIES ACT
EFFECTIVE DATE: 03/04/09 - Except section 11, which becomes effective 09/01/09; Contingent - sections 15 and 16 may take effect 04/06/09.
Approved by the
People of the State of Washington
in the General Election on
November 4, 2008
ORIGINALLY FILED
March 28, 2008
Secretary of State
1AN ACT Relating to long-term care services for the elderly and
2persons with disabilities; amending RCW 74.39A.009, 74.39A.340,
374.39A.350, 74.39A.050, and 18.130.040; reenacting and amending RCW
418.130.040; adding new sections to chapter 74.39A RCW; adding a new
5section to chapter 18.88A RCW; adding a new chapter to Title 18 RCW;
6creating new sections; providing an effective date; and providing a
7contingent effective date.
8BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
9NEW SECTION. Sec. 1. It is the intent of the people through this
10initiative to protect the safety of and improve the quality of care to
11the vulnerable elderly and persons with disabilities.
12The people find and declare that current procedures to train and
13educate long-term care workers and to protect the elderly or persons
14with disabilities from caregivers with a criminal background are
15insufficient. The people find and declare that long-term care workers
16for the elderly or persons with disabilities should have a federal
17criminal background check and a formal system of education and
18experiential qualifications leading to a certification test.
1The people find that the quality of long-term care services for the
2elderly and persons with disabilities is dependent upon the competency
3of the workers who provide those services. To assure and enhance the
4quality of long-term care services for the elderly and persons with
5disabilities, the people recognize the need for federal criminal
6background checks and increased training requirements. Their
7establishment should protect the vulnerable elderly and persons with
8disabilities, bring about a more stabilized workforce, improve the
9quality of long-term care services, and provide a valuable resource for
10recruitment into long-term care services for the elderly and persons
11with disabilities.
12Sec. 2. RCW 74.39A.009 and 2007 c 361 s 2 are each amended to read
13as follows:
14Unless the context clearly requires otherwise, the definitions in
15this section apply throughout this chapter.
16(1) "Adult family home" means a home licensed under chapter 70.128
17RCW.
18(2) "Adult residential care" means services provided by a boarding
19home that is licensed under chapter 18.20 RCW and that has a contract
20with the department under RCW 74.39A.020 to provide personal care
21services.
22(3) "Assisted living services" means services provided by a
23boarding home that has a contract with the department under RCW
2474.39A.010 to provide personal care services, intermittent nursing
25services, and medication administration services, and the resident is
26housed in a private apartment-like unit.
27(4) "Boarding home" means a facility licensed under chapter 18.20
28RCW.
29(5) "Core competencies" means basic training topics, including but
30not limited to, communication skills, worker self-care, problem
31solving, maintaining dignity, consumer directed care, cultural
32sensitivity, body mechanics, fall prevention, skin and body care, long-
33term care worker roles and boundaries, supporting activities of daily
34living, and food preparation and handling.
35(6) "Cost-effective care" means care provided in a setting of an
36individual's choice that is necessary to promote the most appropriate
37level of physical, mental, and psychosocial well-being consistent with
1client choice, in an environment that is appropriate to the care and
2safety needs of the individual, and such care cannot be provided at a
3lower cost in any other setting. But this in no way precludes an
4individual from choosing a different residential setting to achieve his
5or her desired quality of life.
6(((6))) (7) "Department" means the department of social and health
7services.
8(((7))) (8) "Developmental disability" has the same meaning as
9defined in RCW 71A.10.020.
10(9) "Direct care worker" means a paid caregiver who provides
11direct, hands-on personal care services to persons with disabilities or
12the elderly requiring long-term care.
13(10) "Enhanced adult residential care" means services provided by
14a boarding home that is licensed under chapter 18.20 RCW and that has
15a contract with the department under RCW 74.39A.010 to provide personal
16care services, intermittent nursing services, and medication
17administration services.
18(((8))) (11) "Functionally disabled person" or "person who is
19functionally disabled" is synonymous with chronic functionally disabled
20and means a person who because of a recognized chronic physical or
21mental condition or disease, or developmental disability, including
22chemical dependency, is impaired to the extent of being dependent upon
23others for direct care, support, supervision, or monitoring to perform
24activities of daily living. "Activities of daily living", in this
25context, means self-care abilities related to personal care such as
26bathing, eating, using the toilet, dressing, and transfer.
27Instrumental activities of daily living may also be used to assess a
28person's functional abilities as they are related to the mental
29capacity to perform activities in the home and the community such as
30cooking, shopping, house cleaning, doing laundry, working, and managing
31personal finances.
32(((9))) (12) "Home and community services" means adult family
33homes, in-home services, and other services administered or provided by
34contract by the department directly or through contract with area
35agencies on aging or similar services provided by facilities and
36agencies licensed by the department.
37(((10))) (13) "Home care aide" means a long-term care worker who
1has obtained certification as a home care aide by the department of
2health.
3(14) "Individual provider" is defined according to RCW 74.39A.240.
4(15) "Long-term care" is synonymous with chronic care and means
5care and supports delivered indefinitely, intermittently, or over a
6sustained time to persons of any age disabled by chronic mental or
7physical illness, disease, chemical dependency, or a medical condition
8that is permanent, not reversible or curable, or is long-lasting and
9severely limits their mental or physical capacity for self-care. The
10use of this definition is not intended to expand the scope of services,
11care, or assistance by any individuals, groups, residential care
12settings, or professions unless otherwise expressed by law.
13(((11))) (16)(a) "Long-term care workers for the elderly or persons
14with disabilities" or "long-term care workers" includes all persons who
15are long-term care workers for the elderly or persons with
16disabilities, including but not limited to individual providers of home
17care services, direct care employees of home care agencies, providers
18of home care services to persons with developmental disabilities under
19Title 71 RCW, all direct care workers in state-licensed boarding homes,
20assisted living facilities, and adult family homes, respite care
21providers, community residential service providers, and any other
22direct care worker providing home or community-based services to the
23elderly or persons with functional disabilities or developmental
24disabilities.
25(b) "Long-term care workers" do not include: (i) Persons employed
26in nursing homes subject to chapter 18.51 RCW, hospitals or other acute
27care settings, hospice agencies subject to chapter 70.127 RCW, adult
28day care centers, and adult day health care centers; or (ii) persons
29who are not paid by the state or by a private agency or facility
30licensed by the state to provide personal care services.
31(((12))) (17) "Nursing home" means a facility licensed under
32chapter 18.51 RCW.
33(((13))) (18) "Personal care services" means physical or verbal
34assistance with activities of daily living and instrumental activities
35of daily living provided because of a person's functional disability.
36(19) "Population specific competencies" means basic training topics
37unique to the care needs of the population the long-term care worker is
1serving, including but not limited to, mental health, dementia,
2developmental disabilities, young adults with physical disabilities,
3and older adults.
4(20) "Qualified instructor" means a registered nurse or other
5person with specific knowledge, training, and work experience in the
6provision of direct, hands-on personal care and other assistance
7services to the elderly or persons with disabilities requiring
8long-term care.
9(21) "Secretary" means the secretary of social and health services.
10(((14))) (22) "Secretary of health" means the secretary of health
11or the secretary's designee.
12(23) "Training partnership" means a joint partnership or trust
13((established and maintained jointly by)) that includes the office of
14the governor and the exclusive bargaining representative of individual
15providers under RCW 74.39A.270 with the capacity to provide training,
16peer mentoring, and ((examinations required under this chapter, and
17educational, career)) workforce development, or other services to
18individual providers.
19(((15))) (24) "Tribally licensed boarding home" means a boarding
20home licensed by a federally recognized Indian tribe which home
21provides services similar to boarding homes licensed under chapter
2218.20 RCW.
23NEW SECTION. Sec. 3. A new section is added to chapter 74.39A RCW
24to read as follows:
25All long-term care workers for the elderly or persons with
26disabilities hired after January 1, 2010, shall be screened through
27state and federal background checks in a uniform and timely manner to
28ensure that they do not have a criminal history that would disqualify
29them from working with vulnerable persons. These background checks
30shall include checking against the federal bureau of investigation
31fingerprint identification records system and against the national sex
32offenders registry or their successor programs. The department shall
33share this information with the department of health. The department
34shall not pass on the cost of these criminal background checks to the
35workers or their employers. The department shall adopt rules to
36implement the provisions of this section by August 1, 2009.
1NEW SECTION. Sec. 4. (1) Effective January 1, 2010, except as
2provided in section 7 of this act, the department of health shall
3require that any person hired as a long-term care worker for the
4elderly or persons with disabilities must be certified as a home care
5aide within one hundred fifty days from the date of being hired.
6(2) Except as provided in section 7 of this act, certification as
7a home care aide requires both completion of seventy-five hours of
8training and successful completion of a certification examination
9pursuant to sections 5 and 6 of this act.
10(3) No person may practice or, by use of any title or description,
11represent himself or herself as a certified home care aide without
12being certified pursuant to this chapter.
13(4) The department of health shall adopt rules by August 1, 2009,
14to implement this section.
15NEW SECTION. Sec. 5. A new section is added to chapter 74.39A RCW
16to read as follows:
17(1) Effective January 1, 2010, except as provided in section 7 of
18this act, all persons employed as long-term care workers for the
19elderly or persons with disabilities must meet the minimum training
20requirements in this section within one hundred twenty calendar days of
21employment.
22(2) All persons employed as long-term care workers must obtain
23seventy-five hours of entry-level training approved by the department.
24A long-term care worker must accomplish five of these seventy-five
25hours before becoming eligible to provide care.
26(3) Training required by subsection (4)(c) of this section will be
27applied towards training required under RCW 18.20.270 or 70.128.230 as
28well as any statutory or regulatory training requirements for long-term
29care workers employed by supportive living providers.
30(4) Only training curriculum approved by the department may be used
31to fulfill the training requirements specified in this section. The
32seventy-five hours of entry-level training required shall be as
33follows:
34(a) Before a long-term care worker is eligible to provide care, he
35or she must complete two hours of orientation training regarding his or
36her role as caregiver and the applicable terms of employment;
1(b) Before a long-term care worker is eligible to provide care, he
2or she must complete three hours of safety training, including basic
3safety precautions, emergency procedures, and infection control; and
4(c) All long-term care workers must complete seventy hours of
5long-term care basic training, including training related to core
6competencies and population specific competencies.
7(5) The department shall only approve training curriculum that:
8(a) Has been developed with input from consumer and worker
9representatives; and
10(b) Requires comprehensive instruction by qualified instructors on
11the competencies and training topics in this section.
12(6) Individual providers under RCW 74.39A.270 shall be compensated
13for training time required by this section.
14(7) The department of health shall adopt rules by August 1, 2009,
15to implement subsections (1), (2), and (3) of this section.
16(8) The department shall adopt rules by August 1, 2009, to
17implement subsections (4) and (5) of this section.
18NEW SECTION. Sec. 6. (1) Effective January 1, 2010, except as
19provided in section 7 of this act, the department of health shall
20require that all long-term care workers successfully complete a
21certification examination. Any long-term care worker failing to make
22the required grade for the examination will not be certified as a home
23care aide.
24(2) The department of health, in consultation with consumer and
25worker representatives, shall develop a home care aide certification
26examination to evaluate whether an applicant possesses the skills and
27knowledge necessary to practice competently. Unless excluded by
28section 7 (1) and (2) of this act, only those who have completed the
29training requirements in section 5 of this act shall be eligible to sit
30for this examination.
31(3) The examination shall include both a skills demonstration and
32a written or oral knowledge test. The examination papers, all grading
33of the papers, and records related to the grading of skills
34demonstration shall be preserved for a period of not less than one
35year. The department of health shall establish rules governing the
36number of times and under what circumstances individuals who have
1failed the examination may sit for the examination, including whether
2any intermediate remedial steps should be required.
3(4) All examinations shall be conducted by fair and wholly
4impartial methods. The certification examination shall be administered
5and evaluated by the department of health or by a contractor to the
6department of health that is neither an employer of long-term care
7workers or private contractors providing training services under this
8chapter.
9(5) The department of health has the authority to:
10(a) Establish forms, procedures, and examinations necessary to
11certify home care aides pursuant to this chapter;
12(b) Hire clerical, administrative, and investigative staff as
13needed to implement this section;
14(c) Issue certification as a home care aide to any applicant who
15has successfully completed the home care aide examination;
16(d) Maintain the official record of all applicants and persons with
17certificates;
18(e) Exercise disciplinary authority as authorized in chapter 18.130
19RCW; and
20(f) Deny certification to applicants who do not meet training,
21competency examination, and conduct requirements for certification.
22(6) The department of health shall adopt rules by August 1, 2009,
23that establish the procedures and examinations necessary to carry this
24section into effect.
25NEW SECTION. Sec. 7. The following long-term care workers are not
26required to become a certified home care aide pursuant to this chapter.
27(1) Registered nurses, licensed practical nurses, certified nursing
28assistants, medicare-certified home health aides, or other persons who
29hold a similar health credential, as determined by the secretary of
30health, or persons with special education training and an endorsement
31granted by the superintendent of public instruction, as described in
32RCW 28A.300.010, if the secretary of health determines that the
33circumstances do not require certification. Individuals exempted by
34this subsection may obtain certification as a home care aide from the
35department of health without fulfilling the training requirements in
36section 5 of this act but must successfully complete a certification
37examination pursuant to section 6 of this act.
1(2) A person already employed as a long-term care worker prior to
2January 1, 2010, who completes all of his or her training requirements
3in effect as of the date he or she was hired, is not required to obtain
4certification. Individuals exempted by this subsection may obtain
5certification as a home care aide from the department of health without
6fulfilling the training requirements in section 5 of this act but must
7successfully complete a certification examination pursuant to section
86 of this act.
9(3) All long-term care workers employed by supported living
10providers are not required to obtain certification under this chapter.
11(4) An individual provider caring only for his or her biological,
12step, or adoptive child or parent is not required to obtain
13certification under this chapter.
14(5) Prior to June 30, 2014, a person hired as an individual
15provider who provides twenty hours or less of care for one person in
16any calendar month is not required to obtain certification under this
17chapter.
18(6) A long-term care worker exempted by this section from the
19training requirements contained in section 5 of this act may not be
20prohibited from enrolling in training pursuant to that section.
21(7) The department of health shall adopt rules by August 1, 2009,
22to implement this section.
23NEW SECTION. Sec. 8. A new section is added to chapter 74.39A RCW
24to read as follows:
25(1) Effective January 1, 2010, a biological, step, or adoptive
26parent who is the individual provider only for his or her
27developmentally disabled son or daughter must receive twelve hours of
28training relevant to the needs of adults with developmental
29disabilities within the first one hundred twenty days of becoming an
30individual provider.
31(2) Effective January 1, 2010, individual providers identified in
32(a) and (b) of this subsection must complete thirty-five hours of
33training within the first one hundred twenty days of becoming an
34individual provider. Five of the thirty-five hours must be completed
35before becoming eligible to provide care. Two of these five hours
36shall be devoted to an orientation training regarding an individual
37provider's role as caregiver and the applicable terms of employment,
1and three hours shall be devoted to safety training, including basic
2safety precautions, emergency procedures, and infection control.
3Individual providers subject to this requirement include:
4(a) An individual provider caring only for his or her biological,
5step, or adoptive child or parent unless covered by subsection (1) of
6this section; and
7(b) Before January 1, 2014, a person hired as an individual
8provider who provides twenty hours or less of care for one person in
9any calendar month.
10(3) Only training curriculum approved by the department may be used
11to fulfill the training requirements specified in this section. The
12department shall only approve training curriculum that:
13(a) Has been developed with input from consumer and worker
14representatives; and
15(b) Requires comprehensive instruction by qualified instructors.
16(4) The department shall adopt rules by August 1, 2009, to
17implement this section.
18Sec. 9. RCW 74.39A.340 and 2007 c 361 s 4 are each amended to read
19as follows:
20(1) The department of health shall ensure that all long-term care
21workers shall complete twelve hours of continuing education training in
22advanced training topics each year. This requirement applies beginning
23on January 1, 2010.
24(2) Completion of continuing education as required in this section
25is a prerequisite to maintaining home care aide certification under
26this act.
27(3) Unless voluntarily certified as a home care aide under this
28act, subsection (1) of this section does not apply to:
29(a) An individual provider caring only for his or her biological,
30step, or adoptive child; and
31(b) Before June 30, 2014, a person hired as an individual provider
32who provides twenty hours or less of care for one person in any
33calendar month.
34(4) Only training curriculum approved by the department may be used
35to fulfill the training requirements specified in this section. The
36department shall only approve training curriculum that:
1(a) Has been developed with input from consumer and worker
2representatives; and
3(b) Requires comprehensive instruction by qualified instructors.
4(5) Individual providers under RCW 74.39A.270 shall be compensated
5for training time required by this section.
6(6) The department of health shall adopt rules by August 1, 2009,
7to implement subsections (1), (2), and (3) of this section.
8(7) The department shall adopt rules by August 1, 2009, to
9implement subsection (4) of this section.
10Sec. 10. RCW 74.39A.350 and 2007 c 361 s 5 are each amended to
11read as follows:
12The department shall offer, directly or through contract, training
13opportunities sufficient for a long-term care worker to accumulate
14((sixty-five)) seventy hours of training within a reasonable time
15period. For individual providers represented by an exclusive
16bargaining representative under RCW 74.39A.270, the training
17opportunities shall be offered through ((a contract with)) the training
18partnership established under RCW 74.39A.360. Training topics shall
19include, but are not limited to: Client rights; personal care; mental
20illness; dementia; developmental disabilities; depression; medication
21assistance; advanced communication skills; positive client behavior
22support; developing or improving client-centered activities; dealing
23with wandering or aggressive client behaviors; medical conditions;
24nurse delegation core training; peer mentor training; and advocacy for
25quality care training. The department may not require long-term care
26workers to obtain the training described in this section. This
27requirement to offer advanced training applies beginning January 1,
28((2010)) 2011.
29NEW SECTION. Sec. 11. A new section is added to chapter 18.88A
30RCW to read as follows:
31By August 1, 2009, the department of health shall develop, in
32consultation with the nursing care quality assurance commission and
33consumer and worker representatives, rules permitting reciprocity to
34the maximum extent possible under federal law between home care aide
35certification and nursing assistant certification.
1NEW SECTION. Sec. 12. A new section is added to chapter 74.39A
2RCW to read as follows:
3(1) The department shall deny payment to any individual provider of
4home care services who has not been certified by the department of
5health as a home care aide as required under this act or, if exempted
6from certification by section 7 of this act, has not completed his or
7her required training pursuant to this act.
8(2) The department may terminate the contract of any individual
9provider of home care services, or take any other enforcement measure
10deemed appropriate by the department if the individual provider's
11certification is revoked under this act or, if exempted from
12certification by section 7 of this act, has not completed his or her
13required training pursuant to this act.
14(3) The department shall take appropriate enforcement action
15related to the contract of a private agency or facility licensed by the
16state, to provide personal care services, other than an individual
17provider, who knowingly employs a long-term care worker who is not a
18certified home care aide as required under this act or, if exempted
19from certification by section 7 of this act, has not completed his or
20her required training pursuant to this act.
21(4) Chapter 34.05 RCW shall govern actions by the department under
22this section.
23(5) The department shall adopt rules by August 1, 2009, to
24implement this section.
25NEW SECTION. Sec. 13. (1) The uniform disciplinary act, chapter
2618.130 RCW, governs uncertified practice, issuance of certificates, and
27the discipline of persons with certificates under this chapter. The
28secretary of health shall be the disciplinary authority under this
29chapter.
30(2) The secretary of health may take action to immediately suspend
31the certification of a long-term care worker upon finding that conduct
32of the long-term care worker has caused or presents an imminent threat
33of harm to a functionally disabled person in his or her care.
34(3) If the secretary of health imposes suspension or conditions for
35continuation of certification, the suspension or conditions for
36continuation are effective immediately upon notice and shall continue
37in effect pending the outcome of any hearing.
1(4) The department of health shall take appropriate enforcement
2action related to the licensure of a private agency or facility
3licensed by the state, to provide personal care services, other than an
4individual provider, who knowingly employs a long-term care worker who
5is not a certified home care aide as required under this chapter or, if
6exempted from certification by section 7 of this act, has not completed
7his or her required training pursuant to this chapter.
8(5) Chapter 34.05 RCW shall govern actions by the department of
9health under this section.
10(6) The department of health shall adopt rules by August 1, 2009,
11to implement this section.
12Sec. 14. RCW 74.39A.050 and 2004 c 140 s 6 are each amended to
13read as follows:
14The department's system of quality improvement for long-term care
15services shall use the following principles, consistent with applicable
16federal laws and regulations:
17(1) The system shall be client-centered and promote privacy,
18independence, dignity, choice, and a home or home-like environment for
19consumers consistent with chapter 392, Laws of 1997.
20(2) The goal of the system is continuous quality improvement with
21the focus on consumer satisfaction and outcomes for consumers. This
22includes that when conducting licensing or contract inspections, the
23department shall interview an appropriate percentage of residents,
24family members, resident case managers, and advocates in addition to
25interviewing providers and staff.
26(3) Providers should be supported in their efforts to improve
27quality and address identified problems initially through training,
28consultation, technical assistance, and case management.
29(4) The emphasis should be on problem prevention both in monitoring
30and in screening potential providers of service.
31(5) Monitoring should be outcome based and responsive to consumer
32complaints and based on a clear set of health, quality of care, and
33safety standards that are easily understandable and have been made
34available to providers, residents, and other interested parties.
35(6) Prompt and specific enforcement remedies shall also be
36implemented without delay, pursuant to RCW 74.39A.080, RCW 70.128.160,
37chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have
1delivered care or failed to deliver care resulting in problems that are
2serious, recurring, or uncorrected, or that create a hazard that is
3causing or likely to cause death or serious harm to one or more
4residents. These enforcement remedies may also include, when
5appropriate, reasonable conditions on a contract or license. In the
6selection of remedies, the safety, health, and well-being of residents
7shall be of paramount importance.
8(7) ((To the extent funding is available, all long-term care staff
9directly responsible for the care, supervision, or treatment of
10vulnerable persons should be screened through background checks in a
11uniform and timely manner to ensure that they do not have a criminal
12history that would disqualify them from working with vulnerable
13persons. Whenever a state conviction record check is required by state
14law, persons may be employed or engaged as volunteers or independent
15contractors on a conditional basis according to law and rules adopted
16by the department.)) All long-term care workers shall be screened
17through background checks in a uniform and timely manner to ensure that
18they do not have a criminal history that would disqualify them from
19working with vulnerable persons. This information will be shared with
20the department of health to advance the purposes of this act.
21(8) No provider or ((staff)) long-term care worker, or prospective
22provider or ((staff)) long-term care worker, with a stipulated finding
23of fact, conclusion of law, an agreed order, or finding of fact,
24conclusion of law, or final order issued by a disciplining authority,
25a court of law, or entered into a state registry finding him or her
26guilty of abuse, neglect, exploitation, or abandonment of a minor or a
27vulnerable adult as defined in chapter 74.34 RCW shall be employed in
28the care of and have unsupervised access to vulnerable adults.
29(9) The department shall establish, by rule, a state registry which
30contains identifying information about ((personal care aides))
31long-term care workers identified under this chapter who have
32substantiated findings of abuse, neglect, financial exploitation, or
33abandonment of a vulnerable adult as defined in RCW 74.34.020. The
34rule must include disclosure, disposition of findings, notification,
35findings of fact, appeal rights, and fair hearing requirements. The
36department shall disclose, upon request, substantiated findings of
37abuse, neglect, financial exploitation, or abandonment to any person so
1requesting this information. This information will also be shared with
2the department of health to advance the purposes of this act.
3(10) ((The department shall by rule develop training requirements
4for individual providers and home care agency providers. Effective
5March 1, 2002,)) Until December 31, 2009, individual providers and home
6care agency providers must satisfactorily complete department-approved
7orientation, basic training, and continuing education within the time
8period specified by the department in rule. The department shall adopt
9rules by March 1, 2002, for the implementation of this section ((based
10on the recommendations of the community long-term care training and
11education steering committee established in RCW 74.39A.190)). The
12department shall deny payment to an individual provider or a home care
13provider who does not complete the training requirements within the
14time limit specified by the department by rule.
15(11) Until December 31, 2009, in an effort to improve access to
16training and education and reduce costs, especially for rural
17communities, the coordinated system of long-term care training and
18education must include the use of innovative types of learning
19strategies such as internet resources, videotapes, and distance
20learning using satellite technology coordinated through community
21colleges or other entities, as defined by the department.
22(12) The department shall create an approval system by March 1,
232002, for those seeking to conduct department-approved training. ((In
24the rule-making process, the department shall adopt rules based on the
25recommendations of the community long-term care training and education
26steering committee established in RCW 74.39A.190.))
27(13) The department shall establish, by rule, ((training,))
28background checks((,)) and other quality assurance requirements for
29((personal aides)) long-term care workers who provide in-home services
30funded by medicaid personal care as described in RCW 74.09.520,
31community options program entry system waiver services as described in
32RCW 74.39A.030, or chore services as described in RCW 74.39A.110 that
33are equivalent to requirements for individual providers.
34(14) Under existing funds the department shall establish internally
35a quality improvement standards committee to monitor the development of
36standards and to suggest modifications.
37(15) Within existing funds, the department shall design, develop,
38and implement a long-term care training program that is flexible,
1relevant, and qualifies towards the requirements for a nursing
2assistant certificate as established under chapter 18.88A RCW. This
3subsection does not require completion of the nursing assistant
4certificate training program by providers or their staff. The long-
5term care teaching curriculum must consist of a fundamental module, or
6modules, and a range of other available relevant training modules that
7provide the caregiver with appropriate options that assist in meeting
8the resident's care needs. Some of the training modules may include,
9but are not limited to, specific training on the special care needs of
10persons with developmental disabilities, dementia, mental illness, and
11the care needs of the elderly. No less than one training module must
12be dedicated to workplace violence prevention. The nursing care
13quality assurance commission shall work together with the department to
14develop the curriculum modules. The nursing care quality assurance
15commission shall direct the nursing assistant training programs to
16accept some or all of the skills and competencies from the curriculum
17modules towards meeting the requirements for a nursing assistant
18certificate as defined in chapter 18.88A RCW. A process may be
19developed to test persons completing modules from a caregiver's class
20to verify that they have the transferable skills and competencies for
21entry into a nursing assistant training program. The department may
22review whether facilities can develop their own related long-term care
23training programs. The department may develop a review process for
24determining what previous experience and training may be used to waive
25some or all of the mandatory training. The department of social and
26health services and the nursing care quality assurance commission shall
27work together to develop an implementation plan by December 12, 1998.
28Sec. 15. RCW 18.130.040 and 2007 c 269 s 17, 2007 c 253 s 13, and
292007 c 70 s 11 are each reenacted and amended to read as follows:
30(1) This chapter applies only to the secretary and the boards and
31commissions having jurisdiction in relation to the professions licensed
32under the chapters specified in this section. This chapter does not
33apply to any business or profession not licensed under the chapters
34specified in this section.
35(2)(a) The secretary has authority under this chapter in relation
36to the following professions:
1(i) Dispensing opticians licensed and designated apprentices under
2chapter 18.34 RCW;
3(ii) Naturopaths licensed under chapter 18.36A RCW;
4(iii) Midwives licensed under chapter 18.50 RCW;
5(iv) Ocularists licensed under chapter 18.55 RCW;
6(v) Massage operators and businesses licensed under chapter 18.108
7RCW;
8(vi) Dental hygienists licensed under chapter 18.29 RCW;
9(vii) Acupuncturists licensed under chapter 18.06 RCW;
10(viii) Radiologic technologists certified and X-ray technicians
11registered under chapter 18.84 RCW;
12(ix) Respiratory care practitioners licensed under chapter 18.89
13RCW;
14(x) Persons registered under chapter 18.19 RCW;
15(xi) Persons licensed as mental health counselors, marriage and
16family therapists, and social workers under chapter 18.225 RCW;
17(xii) Persons registered as nursing pool operators under chapter
1818.52C RCW;
19(xiii) Nursing assistants registered or certified under chapter
2018.88A RCW;
21(xiv) Health care assistants certified under chapter 18.135 RCW;
22(xv) Dietitians and nutritionists certified under chapter 18.138
23RCW;
24(xvi) Chemical dependency professionals certified under chapter
2518.205 RCW;
26(xvii) Sex offender treatment providers and certified affiliate sex
27offender treatment providers certified under chapter 18.155 RCW;
28(xviii) Persons licensed and certified under chapter 18.73 RCW or
29RCW 18.71.205;
30(xix) Denturists licensed under chapter 18.30 RCW;
31(xx) Orthotists and prosthetists licensed under chapter 18.200 RCW;
32(xxi) Surgical technologists registered under chapter 18.215 RCW;
33(xxii) Recreational therapists;
34(xxiii) Animal massage practitioners certified under chapter 18.240
35RCW; ((and))
36(xxiv) Athletic trainers licensed under chapter 18.250 RCW; and
37(xxv) Home care aides certified under chapter 18.-- RCW (the new
38chapter created in section 18 of this act).
1(b) The boards and commissions having authority under this chapter
2are as follows:
3(i) The podiatric medical board as established in chapter 18.22
4RCW;
5(ii) The chiropractic quality assurance commission as established
6in chapter 18.25 RCW;
7(iii) The dental quality assurance commission as established in
8chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW and
9licenses and registrations issued under chapter 18.260 RCW;
10(iv) The board of hearing and speech as established in chapter
1118.35 RCW;
12(v) The board of examiners for nursing home administrators as
13established in chapter 18.52 RCW;
14(vi) The optometry board as established in chapter 18.54 RCW
15governing licenses issued under chapter 18.53 RCW;
16(vii) The board of osteopathic medicine and surgery as established
17in chapter 18.57 RCW governing licenses issued under chapters 18.57 and
1818.57A RCW;
19(viii) The board of pharmacy as established in chapter 18.64 RCW
20governing licenses issued under chapters 18.64 and 18.64A RCW;
21(ix) The medical quality assurance commission as established in
22chapter 18.71 RCW governing licenses and registrations issued under
23chapters 18.71 and 18.71A RCW;
24(x) The board of physical therapy as established in chapter 18.74
25RCW;
26(xi) The board of occupational therapy practice as established in
27chapter 18.59 RCW;
28(xii) The nursing care quality assurance commission as established
29in chapter 18.79 RCW governing licenses and registrations issued under
30that chapter;
31(xiii) The examining board of psychology and its disciplinary
32committee as established in chapter 18.83 RCW; and
33(xiv) The veterinary board of governors as established in chapter
3418.92 RCW.
35(3) In addition to the authority to discipline license holders, the
36disciplining authority has the authority to grant or deny licenses
37based on the conditions and criteria established in this chapter and
38the chapters specified in subsection (2) of this section. This chapter
1also governs any investigation, hearing, or proceeding relating to
2denial of licensure or issuance of a license conditioned on the
3applicant's compliance with an order entered pursuant to RCW 18.130.160
4by the disciplining authority.
5(4) All disciplining authorities shall adopt procedures to ensure
6substantially consistent application of this chapter, the Uniform
7Disciplinary Act, among the disciplining authorities listed in
8subsection (2) of this section.
9Sec. 16. RCW 18.130.040 and 2008 c ... (Fourth Substitute House
10Bill No. 1103) s 18 are each amended to read as follows:
11(1) This chapter applies only to the secretary and the boards and
12commissions having jurisdiction in relation to the professions licensed
13under the chapters specified in this section. This chapter does not
14apply to any business or profession not licensed under the chapters
15specified in this section.
16(2)(a) The secretary has authority under this chapter in relation
17to the following professions:
18(i) Dispensing opticians licensed and designated apprentices under
19chapter 18.34 RCW;
20(ii) Naturopaths licensed under chapter 18.36A RCW;
21(iii) Midwives licensed under chapter 18.50 RCW;
22(iv) Ocularists licensed under chapter 18.55 RCW;
23(v) Massage operators and businesses licensed under chapter 18.108
24RCW;
25(vi) Dental hygienists licensed under chapter 18.29 RCW;
26(vii) Acupuncturists licensed under chapter 18.06 RCW;
27(viii) Radiologic technologists certified and X-ray technicians
28registered under chapter 18.84 RCW;
29(ix) Respiratory care practitioners licensed under chapter 18.89
30RCW;
31(x) Persons registered under chapter 18.19 RCW;
32(xi) Persons licensed as mental health counselors, marriage and
33family therapists, and social workers under chapter 18.225 RCW;
34(xii) Persons registered as nursing pool operators under chapter
3518.52C RCW;
36(xiii) Nursing assistants registered or certified under chapter
3718.88A RCW;
1(xiv) Health care assistants certified under chapter 18.135 RCW;
2(xv) Dietitians and nutritionists certified under chapter 18.138
3RCW;
4(xvi) Chemical dependency professionals certified under chapter
518.205 RCW;
6(xvii) Sex offender treatment providers and certified affiliate sex
7offender treatment providers certified under chapter 18.155 RCW;
8(xviii) Persons licensed and certified under chapter 18.73 RCW or
9RCW 18.71.205;
10(xix) Denturists licensed under chapter 18.30 RCW;
11(xx) Orthotists and prosthetists licensed under chapter 18.200 RCW;
12(xxi) Surgical technologists registered under chapter 18.215 RCW;
13(xxii) Recreational therapists;
14(xxiii) Animal massage practitioners certified under chapter 18.240
15RCW; ((and))
16(xxiv) Athletic trainers licensed under chapter 18.250 RCW; and
17(xxv) Home care aides certified under chapter 18.-- RCW (the new
18chapter created in section 18 of this act).
19(b) The boards and commissions having authority under this chapter
20are as follows:
21(i) The podiatric medical board as established in chapter 18.22
22RCW;
23(ii) The chiropractic quality assurance commission as established
24in chapter 18.25 RCW;
25(iii) The dental quality assurance commission as established in
26chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW and
27licenses and registrations issued under chapter 18.260 RCW;
28(iv) The board of hearing and speech as established in chapter
2918.35 RCW;
30(v) The board of examiners for nursing home administrators as
31established in chapter 18.52 RCW;
32(vi) The optometry board as established in chapter 18.54 RCW
33governing licenses issued under chapter 18.53 RCW;
34(vii) The board of osteopathic medicine and surgery as established
35in chapter 18.57 RCW governing licenses issued under chapters 18.57 and
3618.57A RCW;
37(viii) The board of pharmacy as established in chapter 18.64 RCW
38governing licenses issued under chapters 18.64 and 18.64A RCW;
1(ix) The medical quality assurance commission as established in
2chapter 18.71 RCW governing licenses and registrations issued under
3chapters 18.71 and 18.71A RCW;
4(x) The board of physical therapy as established in chapter 18.74
5RCW;
6(xi) The board of occupational therapy practice as established in
7chapter 18.59 RCW;
8(xii) The nursing care quality assurance commission as established
9in chapter 18.79 RCW governing licenses and registrations issued under
10that chapter;
11(xiii) The examining board of psychology and its disciplinary
12committee as established in chapter 18.83 RCW; and
13(xiv) The veterinary board of governors as established in chapter
1418.92 RCW.
15(3) In addition to the authority to discipline license holders, the
16disciplining authority has the authority to grant or deny licenses.
17The disciplining authority may also grant a license subject to
18conditions.
19(4) All disciplining authorities shall adopt procedures to ensure
20substantially consistent application of this chapter, the Uniform
21Disciplinary Act, among the disciplining authorities listed in
22subsection (2) of this section.
23NEW SECTION. Sec. 17. The definitions in RCW 74.39A.009 apply
24throughout chapter 18.-- RCW (the new chapter created in section 18 of
25this act) unless the context clearly requires otherwise.
26NEW SECTION. Sec. 18. Sections 4, 6, 7, 13, and 17 of this act
27constitute a new chapter in Title 18 RCW.
28NEW SECTION. Sec. 19. The provisions of this act are to be
29liberally construed to effectuate the intent, policies, and purposes of
30this act.
31NEW SECTION. Sec. 20. If any provision of this act or its
32application to any person or circumstance is held invalid, the
33remainder of the act or the application of the provision to other
34persons or circumstances is not affected.
1NEW SECTION. Sec. 21. This act may be known and cited as the
2better background checks and improved training for long-term care
3workers for the elderly and persons with disabilities initiative of
42008.
5NEW SECTION. Sec. 22. Section 11 of this act takes effect
6September 1, 2009.
7NEW SECTION. Sec. 23. Section 15 of this act does not take effect
8if section 18, chapter ... (Fourth Substitute House Bill No. 1103),
9Laws of 2008 is signed into law by April 6, 2008.
10NEW SECTION. Sec. 24. Section 16 of this act takes effect if
11section 18, chapter ... (Fourth Substitute House Bill No. 1103), Laws
12of 2008 is signed into law by April 6, 2008.Originally filed in Office of Secretary of State March 28, 2008.
Approved by the People of the State of Washington in the General Election on November 4, 2008.