WSR 12-05-114

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services)

[ Filed February 22, 2012, 9:49 a.m. ]

Subject of Possible Rule Making: The department is considering amending or repealing the following sections, and possibly adding new sections in chapter 388-78A WAC, Boarding home licensing rules: WAC 388-78A-2461 Background check -- General, 388-78A-2462 Background check -- Washington state -- Who is required to have, 388-78A-2463 Background check -- National fingerprint checks -- Who is required to have, 388-78A-2464 Background check -- Process, 388-78A-2465 Background check -- Results, 388-78A-2466 Background check -- Valid for two years, 388-78A-2467 Background check -- Sharing by health care facilities, 388-78A-2468 Background check -- Conditional hire -- Pending result, 388-78A-2469 Background check -- Disclosure statement, 388-78A-2470 Background check -- Employment disqualifying information, 388-78A-2471 Background check -- Confidentiality -- Use restricted -- Retention, 388-78A-2740 Licensee qualifications, 388-78A-2750 Application process, and 388-78A-2775 Change in licensee/change in ownership -- Application and other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 18.20 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is amending these rules to comply with and be consistent with Initiative 1163. In addition to implementing Initiative 1163, the department is going to clarify provisions related to disqualifying drug crimes.

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 Judy Johnson, Program Manager, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2591, fax (360) 438-7903, e-mail johnsjm1@dshs.wa.gov. Draft section language will be posted on ADSA professional internet web page for review and comment prior to filing the CR-102. Anyone from the public can comment directly to the program manager listed above via phone, e-mail or fax.

February 22, 2012

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office