WSR 05-20-079



(Aging and Disability Services Administration)

[ Filed October 4, 2005, 4:18 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-10-085.

     Title of Rule and Other Identifying Information: The department is proposing to amend chapter 388-78A WAC, Boarding home licensing rules, WAC 388-78A-2020 Definitions, 388-78A-2050 Resident characteristics, 388-78A-2100 On-going assessments, 388-78A-2120 Monitoring residents' well-being, 388-78A-2270 Resident controlled medications, 388-78A-2280 Medication organizers, 388-78A-2300 Food and nutrition services, 388-78A-2360 Adult day care, 388-78A-2380 Restricted egress, 388-78A-2470 Criminal history background checks, 388-78A-2480 TB tests, 388-78A-2490 Specialized training for developmental disabilities, 388-78A-2500 Specialized training for mental illness, 388-78A-2510 Specialized training for dementia, 388-78A-2520 Administrator qualifications, 388-78A-2660 Resident rights, 388-78A-2700 Safety measures and disaster preparedness, 388-78A-2910 Applicable building codes, 388-78A-2920 Area for nursing supplies and equipment, 388-78A-2930 Communication system, 388-78A-2940 Two-way intercom systems, 388-78A-2960 Sewage and liquid waste disposal, 388-78A-2990 Heating-cooling -- Temperature, 388-78A-3010 Resident room -- Room furnishings-storage, 388-78A-3030 Toilet rooms and bathrooms, 388-78A-3040 Laundry, 388-78A-3090 Maintenance and housekeeping, 388-78A-3190 Denial, suspension, revocation, or nonrenewal of license statutorily required, and 388-78A-3220 Appeal rights. The department is proposing to add new WAC 388-78A-2305 Food sanitation.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at or by calling (360) 664-6097), on December 6, 2005, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than December 7, 2005.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5:00 p.m., December 6, 2005.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by December 2, 2005, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendments to chapter 388-78A WAC:

Make the rule clearer;
Eliminate redundancies and inconsistencies with other rules and statutes;
Expand options for boarding homes to provide adult day services and thereby create more options for consumers;
Respond in part to chapter 505, Laws of 2005; and
Create more training options for boarding home administrators.

     Reasons Supporting Proposal: If the proposed rule is not adopted:

Sections of chapter 388-78A WAC would not be consistent with other statutes and administrative rules;
Certain sections would be unclear or ambiguous;
Elements of some sections would duplicate other sections;
Boarding home licensees would have fewer options for providing adult day services;
The department would not be as responsive to the issues that were the basis for chapter 505, Laws of 2005; and
Boarding home administrators would have their training options narrowed.

     Statutory Authority for Adoption: RCW 18.20.090.

     Statute Being Implemented: Chapter 18.20 RCW, chapter 505, Laws of 2005.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Portions of this proposed amendment address issues that were brought to the 2005 legislature by the boarding home industry and addressed in chapter 505, Laws of 2005.

     Name of Proponent: Department of Social and Health Services, governmental.

     Name of Agency Personnel Responsible for Drafting: Denny McKee, 4500 10th Avenue S.E., Lacey, WA 98503, (360) 725-2590; Implementation and Enforcement: Joyce Stockwell, 4500 10th Avenue S.E., Lacey, WA 98503, (360) 725-2401.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. There are no required costs to boarding homes associated with implementing these proposed amendments. Per RCW 19.85.030(1), the proposed rule will not impose more than minor costs on the industry and therefore a small business economic impact statement is not required.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Denny McKee, 4500 10th Avenue S.E., Lacey, WA 98503, phone (360) 725-2590, fax (360) 438-7903, e-mail

September 29, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 05-22 issue of the Register.

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