WSR 08-14-065



(Aging and Disability Services Administration)

[ Filed June 25, 2008, 10:33 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-15-024 and 07-21-121.

     Title of Rule and Other Identifying Information: Chapter 388-97 WAC, Nursing homes.

The department is renumbering the entire chapter to four digits for ease of reading and reference.
The WAC revisions shown below have been made and will be incorporated into the renumbered chapter.
The department is adding WAC 388-97-0380 Electronic monitoring equipment -- Audio monitoring and video monitoring and 388-97-0400 Electronic monitoring equipment -- Resident requested use.
The department is repealing WAC 388-97-565 Department review of nursing home license renewal.
     The department has made revisions to WAC 388-97-005 Definitions, 388-97-027 Nursing facility admission, 388-97-047 Discharge or leave of a nursing facility resident, 388-97-07015 Protection of resident funds, 388-97-077 Resident protection program, chunking into ten new sections, 388-97-147 Surveillance, management and early identification of individuals with active tuberculosis, chunking into twelve new sections, 388-97-155 Care of residents with active tuberculosis, 388-97-160 General administration, 388-97-162 Required notification and reporting, 388-97-180 Clinical records, 388-97-29510 New construction compliance, 388-97-29520 Fire standards and approval, 388-97-32550 Utility service rooms, 388-97-32580 Janitors closets, 388-97-33050 Resident room size variance, 388-97-347 Laundry services, 388-97-36040 Illumination levels in new buildings and additions, 388-97-36050 Night lights in new construction, 388-97-35060 Special egress control devices on a dementia care unit, 388-97-385 Sewage and liquid waste disposal, 388-97-40010 Preliminary new construction documents, 388-97-401 Final new construction documents, 388-97-405 Exemptions to new construction requirements, 388-97-410 State building code in new construction, 388-97-415 Electrical codes, 388-97-420 Elevator codes, 388-97-430 Entrances and exits, 388-97-47020 Ventilation systems, 388-97-555 Nursing home license renewal, 388-97-595 Relocation of resident, 388-97-615 Acceptable and unacceptable plans of correction, 388-97-620 Informal department review, and 388-97-625 Notice and appeal rights.

     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. A map or directions are available at or by calling (360) 664-6094), on August 26, 2008, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than August 27, 2008.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5:00 p.m. on August 26, 2008.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 19, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to:

Update references to reflect current standards, codes and federal requirements;
Chunk larger sections into smaller sections;
Simplify and clarify resident protection program sections;
Add language on electronic monitoring;
Delete and update sections on department review of nursing home renewal licenses; and
Renumber and make WAC sections four digit numbers for clearer order and reference as requested by stakeholders.

     Reasons Supporting Proposal: The reasons for these proposed rule changes are to make the rules:

Clearer, easier to read, understand and apply;
Easier to find information by chunking larger sections; and
Up-to-date with current practices.

     Statutory Authority for Adoption: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.

     Statute Being Implemented: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.

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

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Judy Johnson, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, (360) 725-2591; Implementation and Enforcement: Lori Melchiori, Assistant Director, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, (360) 725-2404.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Residential care services has analyzed the proposed rules and concludes that there are no new requirements in these rules that will impose more than minor costs, if any new costs at all, on nursing homes. The primary purposes of the proposed rules are to clarify preexisting requirements and to update existing rules to changes in procedures, or in state or federal laws. In addition, the department has included clarification of the use of electronic monitoring equipment.

     As a result, the preparation of a small business economic impact statement is not required.

     A copy of the statement may be obtained by contacting Judy Johnson, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, phone (360) 725-2591, fax (360) 438-7903, e-mail

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Judy Johnson, P.O. Box 45600, Mailstop 45600, Olympia, WA 98405-5600, phone (360) 725-2591, fax (360) 438-7903, e-mail

June 20, 2008

Stephanie E. Schiller

Rules Coordinator

     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 08-15 issue of the Register.

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