WSR 12-09-071



(Aging and Disability Services)

[ Filed April 17, 2012, 2:12 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-05-088.

Title of Rule and Other Identifying Information: The department intends to amend WAC 388-76-10025 License annual fee, 388-76-10146 Qualifications -- Training and home care aide certification, 388-76-10160 Background check -- General, 388-76-10161 Background check-Washington state -- Who is required to have, 388-76-10163 Background check -- Process, 388-76-10164 Background check -- Results, 388-76-10165 Background check -- Valid for two years, 388-76-10175 Background check -- Employment -- Conditional hire -- Pending results, 388-76-10180 Background checks -- Employment -- Disqualifying information, 388-76-10200 Adult family home -- Staff -- Availability -- Contact information, and 388-76-10955 Remedies -- Department must impose remedies.

The department intends to repeal WAC 388-76-10162 Background check -- National fingerprint checks -- Who is required to have.

The department intends to add new sections WAC 388-76-101631 Background checks -- Process -- Washington state name and date of birth background check, 388-76-101632 Background checks -- Process -- National fingerprint background check, 388-76-10166 Background checks -- Household members, noncaregiving and unpaid staff -- Unsupervised access, 388-76-10176 Background checks -- Employment -- Provisional hire -- Pending results of national fingerprint background check, and 388-76-10181 Background checks -- Employment -- Nondisqualifying information.

Hearing Location(s): Office Building 2, Lookout Room, 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 5, 2012, at 10:00 a.m.

Date of Intended Adoption: Not earlier than June 6, 2012.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on June 5, 2012.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 22, 2012, 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 to comply with and be consistent with Initiative 1163, ESHB 1277 as codified in chapter 70.128 RCW, and ESHB 2314. In addition to implementing Initiative 1163, ESHB 1277 and 2314 the department is going to clarify the provision related to disqualifying crimes related to drugs.

Reasons Supporting Proposal: See 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.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), a small business economic impact statement is not required for rules adopting or incorporating, by reference without material change, Washington state statutes or federal statutes or regulations.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b), a cost-benefit analysis is not required for rules that are explicitly dictated in statute and that only correct typographical errors, make address changes, or clarify language of rule without changing its effect.

April 16, 2012

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 12-10 issue of the Register.

Washington State Code Reviser's Office