WSR 09-07-053



[ Filed March 11, 2009, 12:00 p.m. ]

Subject of Possible Rule Making: Chapter 246-XXX WAC, creating a new chapter to establish certification requirements for home care aides.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Initiative Measure No. 1029 passed on November 4, 2008, amending chapters 18.88A RCW, Nursing assistants and chapter 74.39 RCW, Long-term care options, and added a new chapter to Title 18 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Initiative Measure No. 1029 was passed by the voters on November 4, 2008. This initiative requires certain long-term care workers to obtain a home care aide certification. Rules need to be established to certify long-term care workers as home care aides.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of social and health services (DSHS), home and community services (HCS). The department of health and DSHS HCS will meet periodically to coordinate efforts.

The Washington state patrol, access integrity unit, is involved with obtaining federal background checks. The department will include them on the rules mailing list and consult with them directly on issues regarding criminal background checks for home care aides.

United States Department of Justice, Federal Bureau of Investigation. The department will consult with them as needed regarding federal background checks.

Process for Developing New Rule: Collaborative rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may receive notices of rule development workshops and other rule-making activities by contacting Kendra Pitzler, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4723, fax (360) 236-2901, e-mail

March 11, 2009

Mary C. Selecky


Washington State Code Reviser's Office