HB 2646 -
By Committee on Health Care
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 18.88B.041 and 2012 c 164 s 302 are each amended to
read as follows:
(1) The following long-term care workers are not required to become
a certified home care aide pursuant to this chapter:
(a)(i)(A) Registered nurses, licensed practical nurses, certified
nursing assistants or persons who are in an approved training program
for certified nursing assistants under chapter 18.88A RCW, medicare-certified home health aides, or other persons who hold a similar health
credential, as determined by the secretary, or persons with special
education training and an endorsement granted by the superintendent of
public instruction, as described in RCW 28A.300.010, if the secretary
determines that the circumstances do not require certification.
(B) A person who was initially hired as a long-term care worker
prior to January 7, 2012, and who completes all of his or her training
requirements in effect as of the date he or she was hired.
(ii) Individuals exempted by (a)(i) of this subsection may obtain
certification as a home care aide without fulfilling the training
requirements in RCW 74.39A.074(1)(d)(ii) but must successfully complete
a certification examination pursuant to RCW 18.88B.031.
(b) All long-term care workers employed by community residential
service businesses.
(c) An individual provider caring only for his or her biological,
step, or adoptive child or parent.
(d) ((Prior to July 1, 2014,)) A person ((hired)) working as an
individual provider who provides twenty hours or less of care for one
person in any calendar month.
(e) A person working as an individual provider who only provides
respite services and works less than three hundred hours in any
calendar year.
(2) A long-term care worker exempted by this section from the
training requirements contained in RCW 74.39A.074 may not be prohibited
from enrolling in training pursuant to that section.
(3) The department shall adopt rules to implement this section.
Sec. 2 RCW 74.39A.076 and 2012 c 164 s 402 are each amended to
read as follows:
(1) Beginning January 7, 2012, except for long-term care workers
exempt from certification under RCW 18.88B.041(1)(a):
(a) A biological, step, or adoptive parent who is the individual
provider only for his or her developmentally disabled son or daughter
must receive twelve hours of training relevant to the needs of adults
with developmental disabilities within the first one hundred twenty
days after becoming an individual provider or within one hundred twenty
calendar days after March 29, 2012, whichever is later.
(b) Individual providers identified in (b)(i) ((and)), (ii), and
(iii) of this subsection must complete thirty-five hours of training
within the first one hundred twenty days after becoming an individual
provider or within one hundred twenty calendar days after March 29,
2012, whichever is later. Five of the thirty-five hours must be
completed before becoming eligible to provide care. Two of these five
hours shall be devoted to an orientation training regarding an
individual provider's role as caregiver and the applicable terms of
employment, and three hours shall be devoted to safety training,
including basic safety precautions, emergency procedures, and infection
control. Individual providers subject to this requirement include:
(i) An individual provider caring only for his or her biological,
step, or adoptive child or parent unless covered by (a) of this
subsection; ((and))
(ii) ((Until January 1, 2014,)) A person ((hired)) working as an
individual provider who provides twenty hours or less of care for one
person in any calendar month; and
(iii) A person working as an individual provider who only provides
respite services and works less than three hundred hours in any
calendar year.
(2) In computing the time periods in this section, the first day is
the date of hire or March 29, 2012, whichever is applicable.
(3) Only training curriculum approved by the department may be used
to fulfill the training requirements specified in this section. The
department shall only approve training curriculum that:
(a) Has been developed with input from consumer and worker
representatives; and
(b) Requires comprehensive instruction by qualified instructors.
(4) The department shall adopt rules to implement this section.
Sec. 3 RCW 74.39A.341 and 2013 c 259 s 3 are each amended to read
as follows:
(1) All long-term care workers shall complete twelve hours of
continuing education training in advanced training topics each year.
This requirement applies beginning July 1, 2012.
(2) Completion of continuing education as required in this section
is a prerequisite to maintaining home care aide certification under
chapter 18.88B RCW.
(3) Unless voluntarily certified as a home care aide under chapter
18.88B RCW, subsection (1) of this section does not apply to:
(a) An individual provider caring only for his or her biological,
step, or adoptive child;
(b) Registered nurses and licensed practical nurses licensed under
chapter 18.79 RCW;
(c) Before January 1, 2016, a long-term care worker employed by a
community residential service business; ((or))
(d) ((Before July 1, 2014,)) A person ((hired)) working as an
individual provider who provides twenty hours or less of care for one
person in any calendar month; or
(e) A person working as an individual provider who only provides
respite services and works less than three hundred hours in any
calendar year.
(4) Only training curriculum approved by the department may be used
to fulfill the training requirements specified in this section. The
department shall only approve training curriculum that:
(a) Has been developed with input from consumer and worker
representatives; and
(b) Requires comprehensive instruction by qualified instructors.
(5) Individual providers under RCW 74.39A.270 shall be compensated
for training time required by this section.
(6) The department of health shall adopt rules to implement
subsection (1) of this section.
(7) The department shall adopt rules to implement subsection (2) of
this section."
HB 2646 -
By Committee on Health Care
On page 1, line 4 of the title, after "services;" strike the remainder of the title and insert "and amending RCW 18.88B.041, 74.39A.076, and 74.39A.341."
EFFECT: Permanently exempts individual providers who provide 20
hours or less of care for one person in a calendar year from the
certification requirement, rather than providing an extension of the
exemption through July 1, 2016.
Permanently exempts individual providers who only provide respite
services and work less than 300 hours in a calendar year from
certification requirements, rather than providing an exemption through
July 1, 2016.