WSR 22-04-008
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed January 21, 2022, 5:03 a.m., effective January 21, 2022, 5:03 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The department is requiring long-term care workers (LTCW) to complete training requirements by certain dates that would potentially be before the suspension of the training requirements ends. The department is dividing the group of LTCWs who are working now and started within 120 days of when the suspension went into place in early 2020, into cohorts based on length of time working. The rule would then require each cohort to complete the requirements by deadlines in rule with the "oldest" LTCWs having the first deadline and then working through the groups chronologically.
Citation of Rules Affected by this Order: New WAC 388-71-0876, 388-71-0992, 388-112A-0081, and 388-112A-0613.
Other Authority: ESHB 1120.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: LTCWs are required to complete certain training requirements within specific deadlines. Under ESHB 1120 during the 2021 legislative session, the suspension of training requirements deadlines will end when the public health emergency ends or if the governor or the legislature acts. The department of social and health services anticipates that the end of the suspension of LTCW training requirements would create a sudden surge in demand for training that would likely exceed capacity of training entities and result in LTCWs failing to complete the requirements in time.
This filing continues the emergency filed as WSR 21-20-004. The department filed a CR-101 Preproposal under WSR 21-21-075 to begin the permanent rule-making process.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 4, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 0.
Date Adopted: January 21, 2022.
Katherine I. Vasquez
Rules Coordinator
SHS-4888.8
NEW SECTION
WAC 388-71-0876When must long-term care workers who were working or hired during the COVID-19 public health emergency complete training, including required specialty training?
(1) Unless exempt from training as described in WAC 388-71-0839 or WAC 388-112A-0090, a long-term care worker affected by the COVID-19 public health emergency must complete training, including required specialty training, as follows:
Worker hired or rehired during the time frame of: | Must complete basic training no later than: |
8/17/2019 to 9/30/2020 | 4/30/2022 |
10/1/2020 to 4/30/2021 | 6/30/2022 |
5/1/2021 to 3/31/2022 | 8/31/2022 |
After 3/31/2022 | Standard training requirement |
(2) Unless exempt from certification as described in WAC 246-980-025, a worker affected by the COVID-19 public health emergency who is required to be certified as a home care aide must obtain certification as follows:
Worker hired or rehired during the time frame of: | Must be certified as a home care aide no later than: |
8/17/2019 to 9/30/2020 | 7/19/2022 |
10/1/2020 to 4/30/2021 | 9/18/2022 |
5/1/2021 to 3/31/2022 | 11/19/2022 |
After 3/31/2022 | Based on hire date |
(3) "Hired" and "rehired" as used in this section mean the date of hire as defined in chapter 246-980 WAC. A long-term care worker is considered rehired if they held previous employment as a long-term care worker and did not have an active home care aide credential when hired during the time frames outlined in section (1) of this section.
(4) If a long-term care worker is limited-English proficient, the worker may request an additional 60 days to obtain certification.
(5) Nothing in this section prevents a long-term care worker hired between 11/17/2019 and 3/31/2022 from completing training or obtaining certification in advance of the deadlines stipulated in subsections (1) or (2) of this section.
NEW SECTION
WAC 388-71-0992When must continuing education be completed when public health emergency waivers are lifted, and what continuing education credit is granted to long-term care workers employed during the pandemic?
(1) The department finds that long-term care workers employed during the COVID-19 pandemic between March 1, 2020, and February 28, 2021, required emergent and intensive on-the-job training. Long-term care workers received critical, ongoing training in such topics as:
(a) Donning and doffing personal protective equipment (PPE);
(b) Hand hygiene;
(c) Disinfection of high-touch surfaces;
(d) Managing visitations and physical distancing;
(e) Responding to newly infected residents;
(f) Promotion of vaccination;
(g) Protocols for quarantine;
(h) Use of cloth face coverings;
(i) Personal protection outside of the work environment; and
(j) How to reduce exposure and spread.
(2) This on-the-job training was required of all workers in all long-term care environments in Washington state. Instruction was provided in assisted living facilities, adult family homes, homecare agencies, enhanced services facilities, certified community residential services, and to individual providers by the SEIU775 benefits group and DSHS to discuss infection control and the availability and distribution of personal protective equipment. Recognition of this training as a valid learning experience, in its various forms, was agreed upon with input from consumer and worker representatives, as the content was based on guidelines established by the Centers for Disease Control (CDC) and other federal, state, and local health care authorities.
(3) During this time, long-term care workers required ongoing critical training because guidance from the CDC, department of labor and industries, and other health authorities changed as more was learned about the SARS-CoV-2 virus. The department finds that this unprecedented on-the-job training comprised of at least 12 hours of continuing education between March 1, 2020, and February 28, 2021, and that this training is not considered to be repeated training as described in WAC 388-112A-0600(2).
(4) All long-term care workers employed during the dates in section (3) of this section are granted 12 hours of DSHS-approved continuing education credit for the training entitled "COVID-19 On-The-Job Training Protocols," bearing the DSHS approval code CE2135218. No physical certificate for this training will be issued or required. The hours must be applied no later than December 31, 2021.
(5) The department recognizes that long-term care workers may not have completed training hours in excess of the 12 hours of CE granted in section (4) of this section due to the COVID-19 public health emergency. All long-term care workers shall have 120 days from the end of the federal public health emergency to complete any additional CE that may have become due while training waivers were in place in excess of the 12 hours of CE granted in subsection (4) of this section.
NEW SECTION
WAC 388-112A-0081When must long-term care workers who were working or hired during the COVID-19 public health emergency complete training, including required specialty training?
(1) Unless exempt from training as described in WAC 388-71-0839 or WAC 388-112A-0090, a long-term care worker affected by the COVID-19 public health emergency must complete training, including required specialty training, as follows:
Worker hired or rehired during the time frame of: | Must complete basic training no later than: |
8/17/2019 to 9/30/2020 | 4/30/2022 |
10/1/2020 to 4/30/2021 | 6/30/2022 |
5/1/2021 to 3/31/2022 | 8/31/2022 |
After 3/31/2022 | Standard training requirement |
(2) Unless exempt from certification as described in WAC 246-980-025, a worker affected by the COVID-19 public health emergency who is required to be certified as a home care aide must obtain certification as follows:
Worker hired or rehired during the time frame of: | Must be certified as a home care aide no later than: |
8/17/2019 to 9/30/2020 | 7/19/2022 |
10/1/2020 to 4/30/2021 | 9/18/2022 |
5/1/2021 to 3/31/2022 | 11/19/2022 |
After 3/31/2022 | Based on hire date |
(3) "Hired" and "rehired" as used in this section mean the date of hire as defined in chapter 246-980 WAC. A long-term care worker is considered rehired if they held previous employment as a long-term care worker and did not have an active home care aide credential when hired during the time frames outlined in section (1) of this section.
(4) If a long-term care worker is limited-English proficient, the worker may request an additional 60 days to obtain certification.
(5) Nothing in this section prevents a long-term care worker hired between 11/17/2019 and 3/31/2022 from completing training or obtaining certification in advance of the deadlines stipulated in subsections (1) or (2) of this section.
NEW SECTION
WAC 388-112A-0613When must continuing education be completed when public health emergency waivers are lifted, and what continuing education credit is granted to long-term care workers employed during the pandemic?
(1) The department finds that long-term care workers employed during the COVID-19 pandemic between March 1, 2020, and February 28, 2021, required emergent and intensive on-the-job training. Long-term care workers received critical, ongoing training in such topics as:
(a) Donning and doffing personal protective equipment (PPE);
(b) Hand hygiene;
(c) Disinfection of high-touch surfaces;
(d) Managing visitations and physical distancing;
(e) Responding to newly infected residents;
(f) Promotion of vaccination;
(g) Protocols for quarantine;
(h) Use of cloth face coverings;
(i) Personal protection outside of the work environment; and
(j) How to reduce exposure and spread.
(2) This on-the-job training was required of all workers in all long-term care environments in Washington state. Instruction was provided in assisted living facilities, adult family homes, homecare agencies, enhanced services facilities, certified community residential services, and to individual providers by the SEIU775 benefits group and DSHS to discuss infection control and the availability and distribution of personal protective equipment. Recognition of this training as a valid learning experience, in its various forms, was agreed upon with input from consumer and worker representatives, as the content was based on guidelines established by the Centers for Disease Control (CDC) and other federal, state, and local health care authorities.
(3) During this time, long-term care workers required ongoing critical training because guidance from the CDC, department of labor and industries, and other health authorities changed as more was learned about the SARS-CoV-2 virus. The department finds that this unprecedented on-the-job training comprised of at least 12 hours of continuing education between March 1, 2020, and February 28, 2021, and that this training is not considered to be repeated training as described in WAC 388-112A-0600(2).
(4) All long-term care workers employed during the dates in section (3) of this section are granted 12 hours of DSHS-approved continuing education credit for the training entitled "COVID-19 On-The-Job Training Protocols," bearing the DSHS approval code CE2135218. No physical certificate for this training will be issued or required. The hours must be applied no later than December 31, 2021.
(5) The department recognizes that long-term care workers may not have completed training hours in excess of the 12 hours of CE granted in section (4) of this section due to the COVID-19 public health emergency. All long-term care workers shall have 120 days from the end of the federal public health emergency to complete any additional CE that may have become due while training waivers were in place in excess of the 12 hours of CE granted in subsection (4) of this section.