Subject of Possible Rule Making: The department is considering amending or repealing the following sections and possibly adding new sections in chapter 388-76 WAC, Adult family home minimum licensing requirements: WAC 388-76-10120 License -- Must be denied, 388-76-10160 Background check -- General, 388-76-01061 Background check Washington state -- Who is required to have, 388-76-10162 Background check -- National fingerprint checks -- Who is required to have, 388-76-10163 Background check -- Process, 388-76-10164 Background check -- Results, 388-76-10165 Background check -- Valid for two years, 388-76-10170 Background check -- Confidentiality -- Use restricted -- Retention, 388-76-10174 Background check -- Disclosure of information -- Sharing of background information by health care facilities, 388-76-10175 Background check employment -- Conditional hire -- Pending results, 388-76-10180 Background check -- Employment -- Disqualifying information, 388-76-10200 Adult family home -- Staff -- Availability -- Contact information, 388-76-10955 Remedies -- Department must impose remedies, and other related sections.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.040.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is amending these rules to comply with and be consistent with Initiative 1163 and ESHB 1277 as codified in chapter 70.128 RCW. In addition to implementing Initiative 1163 and ESHB 1277, the department is going to clarify the provision related to disqualifying crimes related to drugs.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mike Tornquist, Program Manager, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, e-mail tornqmj@dshs.wa.gov. Draft section language will be posted on aging and disability services administration professional internet web page for review and comment prior to filing the CR-102. Anyone from the public can comment directly to the program manager listed above via phone, e-mail or fax.

February 13, 2012

Katherine I. Vasquez

Rules Coordinator

© Washington State Code Reviser's Office