WSR 10-10-079



(Aging and Disability Services Administration)

[ Filed May 3, 2010, 9:30 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-04-112.

     Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-101-3000 Definitions, 388-101-3050 Application for initial certification, 388-101-3220 Administrator responsibilities and training, and 388-101-3250 Background checks -- Washington state.

     The department is proposing new sections WAC 388-101-3245 Background check -- General, 388-101-3253 National fingerprint background checks -- Required, 388-101-3255 Background checks -- Provisional hire -- Pending results, 388-101-3258 Training requirements for staff hired before January 1, 2011, and 388-101-3302 Certified community residential services and supports -- General training requirements.

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at or by calling (360) 664-6094), on June 22, 2010, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than June 23, 2010.

     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 p.m. on June 22, 2010.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 8, 2010, 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 proposed rule making is to implement chapters 74.39A and 18.88B RCW as codified from Initiative Measure No. 1029 and E2SHB 2284, chapter 361, Laws of 2007.

     Highlights of proposed changes:

     •     Revisions to be consistent with the training requirements in chapter 388-112 WAC.

     •     Revisions to implement the fingerprint-based background check requirements effective January 1, 2012.

     •     Clarify requirements in the criminal history background check section.

     Reasons Supporting Proposal: To have the rules comply with the statutes referenced above.

     Statutory Authority for Adoption: Chapter 71A.12 RCW.

     Statute Being Implemented: Chapter 71A.12 RCW.

     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: John Gaskell, P.O. Box 45600, Olympia, WA 98513, (360) 725-3210; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98513, (360) 725-2404.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement
See Reviser's note below.

     A copy of the statement may be obtained by contacting John Gaskell, Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3210, 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 John Gaskell, Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3210, fax (360) 438-7903, e-mail

April 27, 2010

Katherine I. Vasquez

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 10-11 issue of the Register.

© Washington State Code Reviser's Office