WSR 10-10-120



(Aging and Disability Services)

[ Filed May 5, 2010, 9:13 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-04-113.

     Title of Rule and Other Identifying Information: The department intends to amend WAC 388-76-10000 Definitions, 388-76-10160 Criminal history background check -- Required, 388-76-10165 Criminal history background check -- Valid for two years, 388-76-10170 Criminal history background check -- Information -- Confidentiality -- Use restricted, 388-76-10174 Background checks -- Disclosure of information -- Sharing of criminal background information by health care facilities, 388-76-10175 Employment -- Conditional -- Pending results, 388-76-10180 Employment and other unsupervised access decisions, 388-76-10130 Qualifications -- Provider, entity representative and resident manager, and 388-76-10135 Qualifications -- Caregiver.

     The department intends to repeal WAC 388-76-10155 Unsupervised access to vulnerable adults -- Prohibited and 388-76-10173 Disclosure of employee information -- Employer immunity -- Rebuttable presumption.

     The department intends to add new sections WAC 388-76-10161 Background check -- Washington state -- Who is required to have, 388-76-10162 Background check -- National fingerprint checks -- Who is required to have, 388-76-10163 Background check -- Process, 388-76-10164 Background check -- Results, and 388-76-10146 Qualifications -- Training and home care aide certification.

     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 department is amending these rules and adding new sections 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:

     •     Editorial and housekeeping changes in the following sections: Definitions, background checks, employment, and qualifications.

     •     To be consistent with chapter 361, Laws of 2007, E2SHB 2284.

     •     Clarifies what is included in a Washington state background check.

     •     Clarifies when a national fingerprint-based background check is required.

     •     Clarifies the background check process.

     •     Clarifies what the adult family home must do after receiving background check results.

     •     Clarifies rules around sharing of background check results.

     •     Clarifies rules for conditional employment.

     •     Clarifies who must be certified as a home care aide.

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

     Statutory Authority for Adoption: RCW 70.128.040.

     Statute Being Implemented: Chapter 70.128 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: Mike Tornquist, P.O. Box 45600, Olympia, WA 98513, (360) 725-3204; 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 Mike Tornquist, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, 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 Mike Tornquist, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, e-mail

April 28, 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