WSR 09-21-095

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 20, 2009, 1:01 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-04-087.

Title of Rule and Other Identifying Information: The department is amending chapter 388-71 WAC, Home and community services and programs.

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 http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on November 24, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than November 25, 2009.

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 DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on November 24, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 10, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 74.39A.360 requires all training for individual providers represented by an exclusive bargaining representative to be provided by a training partnership. The purpose of the new language in chapter 388-71 WAC is to add this requirement. The purpose of new rules in WAC 388-71-05850 through 388-71-05890 is to clarify that the requirements for nurse delegation core training also apply to the nurse delegation specialized diabetes training.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.08.090, 74.39A.360.

Statute Being Implemented: RCW 74.39A.360.

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, Implementation and Enforcement: Barbara Hanneman, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2540.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the rules and determined that no new costs will be imposed on small businesses or nonprofit organizations.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Tiffany Sevruk, Home and Community Services Division, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2538, fax (360) 407-7582, e-mail sevruta@dshs.wa.gov.

October 15, 2009

Stephanie E. Vaughn

Rules Coordinator

4157.1
AMENDATORY SECTION(Amending WSR 04-16-029, filed 7/26/04, effective 8/26/04)

WAC 388-71-05665   What definitions apply to WAC 388-71-05670 through 388-71-05909?   "Client" means an individual age eighteen or older, receiving in-home services through medicaid personal care, COPES, MNIW, or Chore programs.

"Competency" means the minimum level of information and skill trainees are required to know and be able to demonstrate.

"DSHS" refers to the department of social and health services.

"Learning outcomes" means the specific information, skills and behaviors desired of the learner as a result of a specific unit of instruction, such as what they would learn by the end of a single class or an entire course. Learning outcomes are generally identified with a specific lesson plan or curriculum.

"Routine interaction" means contact with clients that happens regularly.

"Training partnership" means a joint partnership or trust that includes the office of the governor and the exclusive bargaining representative of individual providers under RCW 74.39A.270 with the capacity to provide training, peer mentoring, and workforce development, or other services to individual providers.

[Statutory Authority: 2004 c 276 206 (6)(b) and Townsend vs. DSHS, U.S. District Court, Western District of Washington, No. C 00-0944Z. 04-16-029, 388-71-05665, filed 7/26/04, effective 8/26/04. Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as 388-71-05665, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05910, filed 4/30/02, effective 5/31/02.]


AMENDATORY SECTION(Amending WSR 04-02-001, filed 12/24/03, effective 1/24/04)

WAC 388-71-05690   What documentation is required for orientation?   The home care agency or individual provider must maintain documentation of completion of orientation, issued by the home care agency((, area agency on aging,)) or ((DSHS office)) the training entity that provides the orientation, that includes:

(1) The trainee's name;

(2) A list of the specific information taught;

(3) ((Signature)) Name of the person or training entity overseeing the orientation indicating completion of the required information;

(4) The trainee's date of employment;

(5) The location of the orientation; and

(6) The date(s) of orientation.

[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, recodified as 388-71-05690, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05915, filed 4/30/02, effective 5/31/02.]


AMENDATORY SECTION(Amending WSR 06-05-022, filed 2/6/06, effective 3/9/06)

WAC 388-71-05695   Who is required to complete orientation, and when must it be completed?   (1) Home care agency providers must complete orientation before working with the agency's clients. Orientation must be provided by appropriate agency staff or the training entity.

(2) Individual providers must complete orientation provided by ((DSHS, the area agency on aging (AAA), or managed care entity)) the training partnership no later than fourteen calendar days after beginning to work with their first DSHS client. Individual providers ((who live and are providing care at a great distance from the DSHS or AAA office)) may be oriented by distance learning, with phone contact by the person overseeing the orientation to answer questions.

(3) Parents who are individual providers for their adult children are exempt from the orientation requirement.

[Statutory Authority: RCW 74.08.090, 74.09.520, 74.39A.010 and 74.39A.020. 06-05-022, 388-71-05695, filed 2/6/06, effective 3/9/06. Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, recodified as 388-71-05695, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05916, filed 4/30/02, effective 5/31/02.]


AMENDATORY SECTION(Amending WSR 04-02-001, filed 12/24/03, effective 1/24/04)

WAC 388-71-05775   What is continuing education?   Continuing education is additional caregiving-related training designed to increase and keep current a person's knowledge and skills. ((DSHS does not preapprove continuing education programs or instructors)) Training entities and home care agencies may provide continuing education without prior approval of curricula or instructors by the department.

[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, recodified as 388-71-05775, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05932, filed 4/30/02, effective 5/31/02.]


AMENDATORY SECTION(Amending WSR 04-02-001, filed 12/24/03, effective 1/24/04)

WAC 388-71-05850   What training must include the DSHS-developed competency test?   Basic training, modified basic training, and nurse delegation core and specialized diabetes training must include the DSHS-developed competency test.

[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as 388-71-05850, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05941, filed 4/30/02, effective 5/31/02.]


AMENDATORY SECTION(Amending WSR 04-02-001, filed 12/24/03, effective 1/24/04)

WAC 388-71-05860   What form of identification must providers show a tester before taking a competency or challenge test?   Providers must show a tester photo identification before taking a competency test (or challenge test, when applicable) for basic training, modified basic training, or nurse delegation core and specialized diabetes training.

[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as 388-71-05860, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05943, filed 4/30/02, effective 5/31/02.]


AMENDATORY SECTION(Amending WSR 04-02-001, filed 12/24/03, effective 1/24/04)

WAC 388-71-05875   Must instructors be approved by DSHS ((or an AAA))?   (1) DSHS must approve any instructor ((under)) through a contract with DSHS to conduct basic training, modified basic training, or nurse delegation core and specialized diabetes training classes using the training curricula developed by DSHS. DSHS may select contracted instructors using any applicable contracting procedures. Contractors must meet the minimum qualifications for instructors under this chapter and any additional qualifications established through the contracting procedure.

(2) ((DSHS contracts with area agencies on aging (AAA) or other entities to conduct)) The training partnership is legislatively mandated to provide orientation, basic, modified basic, six hour DDD parent provider training, nurse delegation core and specialized diabetes training, and continuing education training programs for individual providers ((and home care agency providers)). The training ((entity must approve any instructor under contract with the entity to conduct training programs. The entity's contractors must meet the minimum qualifications for instructors under this chapter and any additional qualifications established through the entity's contracting procedures)) partnership will ensure instructors meet the minimum qualifications under this chapter. The training partnership or their contracted training entity must maintain a record for each instructor which, at a minimum must contain:

(a) Copy of current professional licenses.

(b) Documentation to verify the instructor meets the required minimum instructor qualifications.

(3) Home care agencies shall utilize a DSHS approved instructor or training entity.

[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as 388-71-05875, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05946, filed 4/30/02, effective 5/31/02.]


AMENDATORY SECTION(Amending WSR 04-02-001, filed 12/24/03, effective 1/24/04)

WAC 388-71-05880   Can DSHS ((or the AAA)) deny or terminate a contract with an instructor or training entity?   (1) DSHS ((or an area agency on aging (AAA), as applicable,)) may determine not to accept an offer by a person or organization seeking a contract with DSHS ((or the AAA)) to conduct training programs. No administrative remedies are available to dispute DSHS' ((or the AAA's)) decision not to accept an offer, except as may be provided through the contracting process.

(2) DSHS ((or the AAA)) may terminate any training contract in accordance with the terms of the contract. The contractor's administrative remedies shall be limited to those specified in the contract.

[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as 388-71-05880, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-10-117, 388-71-05947, filed 4/30/02, effective 5/31/02.]


AMENDATORY SECTION(Amending WSR 04-02-001, filed 12/24/03, effective 1/24/04)

WAC 388-71-05890   What are the minimum qualifications for an instructor for basic, modified basic or nurse delegation core and specialized diabetes training?   An instructor for basic, modified basic, or nurse delegation core and specialized diabetes training must meet the following minimum qualifications:

(1) General qualifications:

(a) Twenty-one years of age;

(b) Has not had a professional health care or social services license or certification revoked in Washington state (however, no license or certification is required).

(2) Education and work experience:

(a) Upon initial approval or hire, must have:

(i) A high school diploma and one year of professional or caregiving experience within the last five years in an adult family home, boarding home, supported living through DDD per chapter 388-820 WAC, or home care setting; or

(ii) An associate degree in a health field and six months of professional or caregiving experience within the last five years in an adult family home, boarding home, supported living through DDD per chapter 388-820 WAC, or home care setting.

(3) Teaching experience:

(a) Must have one hundred hours of experience teaching adults on topics directly related to the basic training; or

(b) Must have forty hours of teaching while being mentored by an instructor who meets these qualifications, and must attend a class on adult education that meets the requirements of WAC 388-71-05899.

(4) The instructor must be experienced in caregiving practices and capable of demonstrating competency with respect to the course content or units being taught;

(5) Instructors who will administer tests must have experience or training in assessment and competency testing; and

(6) If required under WAC 388-71-05730 or 388-71-05760, instructors must successfully complete basic or modified basic training prior to beginning to train others.

[Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, amended and recodified as 388-71-05890, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter 74.39A RCW and 2000 c 121. 02-15-064, 388-71-05949, filed 7/11/02, effective 8/11/02.]

Washington State Code Reviser's Office