WSR 97-15-134

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Adult Services Administration)

(Public Assistance)

[Filed July 23, 1997, 10:31 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-11-043.

Title of Rule: WAC 388-110-110 Caregiver and education training requirements.

Purpose: The department would like to adopt a rule to allow providers who contract with the department to provide assisted living services, enhanced adult residential care, and adult residential care, the option of having their caregiving staff take a challenge test in lieu of attending required caregiver training class. This revision would amend WAC 388-110-110 Caregiver education and training requirements.

Statutory Authority for Adoption: RCW 74.39A.010 and 74.39A.020.

Statute Being Implemented: RCW 74.39A.010 and 74.39A.020.

Summary: Many of the providers Aging and Adult Services Administration (AASA) contract with have staff who are knowledgeable and/or experienced caregivers. AASA's required caregiver training classes may not be very beneficial for these caregivers. This rule would exempt caregivers who take and pass AASA's challenge test from having to complete the required class. This rule will assist providers to target training resources more effectively.

Reasons Supporting Proposal: See Summary above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Stacy Winokur, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, (360) 407-0505 or 1-800-422-3263.

Name of Proponent: Department of Social and Health Services, Aging and Adult Services Administration, Residential Care Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Summary above.

Proposal Changes the Following Existing Rules: The proposed rule would allow providers who contract with the department to provide assisted living services, enhanced adult residential care, and adult residential care, the option of having their caregiving staff take a challenge test in lieu of attending required caregiver training class.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change creates no financial impact on providers. It will allow providers who contract with the department to provide assisted living services, enhanced adult residential care, and adult residential care, the option of having their caregiving staff take a challenge test in lieu of attending required caregiver training class, saving staff time.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The proposed change is exempt from this requirement.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College S.E., Room 104-B, Lacey, WA 98503, on August 26, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by August 19, 1997, e-mail lbaldwin@dshs.wa.gov, TTY (360) 902-8324, or (360) 902-7540.

Submit Written Comments to and Identify WAC Numbers: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by August 26, 1997.

Date of Intended Adoption: No sooner than August 27, 1997.

July 22, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 96-21-050, filed 10/11/96, effective 11/11/96)

WAC 388-110-110 Caregiver education and training requirements. (1) The contractor shall ensure that:

(a) All caregivers hired on or after July 1, 1996 successfully complete the department designated fundamentals of caregiving training within one hundred twenty days of employment, unless he or she meets the requirements in subsection (2) below;

(b) All caregivers hired prior to July 1, 1996 successfully complete the department designated fundamentals of caregiving training prior to March 1, 1997, unless he or she meets the requirements in subsection (2) below; and

(c) All caregivers complete a minimum of ten hours of continuing education credits per calendar year, on topics relevant to caregiving:

(i) Topics include but are not limited to residents' rights, personal care, dementia, mental illness, developmental disabilities, depression, medication assistance, communication skills, alternatives to restraints, and activities for residents;

(ii) Caregivers must receive a certificate of completion to meet the requirement for continuing education credit and each hour of completed instruction will count as one hour of continuing education credit; and

(iii) The continuing education requirement begins the calendar year after the year in which the caregiver completes the fundamentals or modified fundamentals of caregiving training.

(2) A caregiver who ((is a)) has successfully completed training as a registered or licensed practical nurse, a physical or occupational therapist, a nursing assistant certified, a home health aide from a Medicare-certified home health agency or who has successfully completed a department approved adult family home training, or department approved personal care training from an area agency on aging or its subcontractor, is exempt from the fundamentals of caregiving training in subsection (1) above if the caregiver successfully completes the department designated modified fundamentals of caregiving training in accordance with the dates specified in subsection (1) above.

(3) Caregivers are exempt from attending the fundamentals of caregiving or modified fundamentals of caregiving trainings if they successfully pass the department's challenge test for the class they are required to take. The caregiver has only one opportunity to take the challenge test. If the caregiver does not successfully pass the challenge test, then he/she must attend the fundamentals of caregiving or modified fundamentals of caregiving trainings as required.

(4) Contractors who meet the prescribed criteria may be approved by the department to provide the department's designated caregiver training programs within the facility.

(((4))) (5) Volunteers are exempt from the training requirements listed above unless they provide unsupervised direct personal care to residents.

(((5))) (6) The contractor shall document that caregivers have met the education and training requirements.