WSR 10-10-121



(Aging and Disability Services Administration)

[ Filed May 5, 2010, 9:15 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Chapter 388-71 WAC, Home and community services and programs; chapter 388-112 WAC, Residential training; chapter 388-829A WAC, Alternative living; and chapter 388-829C WAC, Companion homes.

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 July 6, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than July 7, 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 July 6, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 22, 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: Chapter 74.39A RCW requires training for long-term care workers which includes seventy-five hours of entry-level training before a long-term care worker is eligible to provide care and also requires federal and state criminal history background checks for all long-term care workers. This law increases the basic training hour requirements for long-term care workers from thirty-two hours to seventy-five hours and increases their continuing education hour requirement from ten to twelve hours annually.

The purpose of the new language in chapters 388-71, 388-112, 388-829A, and 388-829C WAC is to implement and clarify the training requirements and the criminal history background check requirements.

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: Nancy Brubaker, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2540.

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 Kristi Knudsen, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3213, fax (360) 407-7582, e-mail

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kristi Knudsen, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3213, fax (360) 407-7582, e-mail

April 30, 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 10-12 issue of the Register.

Washington State Code Reviser's Office