WSR 12-05-086



(Aging and Disability Services Administration)

[ Filed February 17, 2012, 12:57 p.m. ]

     Subject of Possible Rule Making: The department is amending and adopting new rules in chapter 388-71 WAC, Home and community services and programs and chapter 388-112 WAC, Residential long-term care services.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.20.090, 43.20A.710, 74.08.090, 70.128.040, chapter 43.43 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of the new language in chapters 388-71 and 388-112 WAC is to implement and clarify the training requirements and the criminal history background check requirements as directed in chapter 74.39A RCW and to revise the implementation effective dates as directed by Initiative 1163. Chapter 74.39A WAC requires training for long-term care workers which includes seventy-five hours of entry-level training 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. Initiative 1163, enacted by the people in November 2011, requires implementation of these rules effective beginning January 7, 2012 (unless otherwise specified). Emergency rules were filed to implement the effective dates.

     Two additional changes were made based on two other law changes:

A change was made to WAC 388-112-0075(3) to comply with section 206(16) of ESHB 1277 which requires that an adult family home has a qualified caregiver that is on-site whenever a resident is in the adult family home.
A change was made to WAC 388-71-0517 to implement another state law RCW 74.39A.326 which was enacted in 2009 as SHB 2361.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of health and Washington state patrol will be included in the rule development process and will have the opportunity to review and comment on the WACs before they are finalized.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lorrie Mahar, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2549, fax (360) 725-2646, e-mail

     To get information on the time and locations of stakeholder meetings and/or more information on the rule development for the implementation of I-1163, please visit the aging and disability services administration web [site] at

February 7, 2012

Katherine I. Vasquez

Rules Coordinator

© Washington State Code Reviser's Office