WSR 12-15-073



(Aging and Disability Services)

[ Filed July 18, 2012, 9:31 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-05-114.

Title of Rule and Other Identifying Information: The department intends to amend WAC 388-78A-2020 Definitions, 388-78A-2461 Background check -- General, 388-78A-2462 Background check -- Washington state -- 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-2468 Background check -- Conditional hire -- Pending result, 388-78A-2469 Background check -- Disclosure statement, 388-78A-2470 Background check -- Employment-disqualifying information, 388-78A-2474 Training and home care aide certification requirements, and 388-78A-2750 Application process.

The department intends to add WAC 388-78A-24641 Background checks -- Process -- Washington state name and date of birth background check, 388-78A-24642 Background checks -- Process -- National fingerprint background check, 388-78A-24681 Background checks -- Employment -- Provisional hire -- Pending results of national fingerprint background check, and 388-78A-24701 Background checks -- Employment -- Nondisqualifying information.

The department intends to repeal WAC 388-78A-2463 Background check -- National fingerprint checks -- Who is required to have.

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 September 4, 2012, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 5, 2012.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, 1115 Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on September 4, 2012.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 25, 2012, TTY (360) 664-6178 or (360) 664-6094.

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, and ESHB 2314 Long-term care workers. In addition, the department is clarifying in rule the provision related to disqualifying drug crimes.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: Chapter 18.20 RCW.

Statute Being Implemented: Chapter 18.20 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: Judy Johnson, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2591; Implementation and Enforcement: Lori Melchiori, P.O. Box 45600, Olympia, WA 98504-5600, (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 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 adopting or incorporating, by reference without material change, Washington state statues [statutes] or regulations.

July 13, 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 12-16 issue of the Register.

Washington State Code Reviser's Office