WSR 12-16-027



(Aging and Disability Services Administration)

[ Filed July 25, 2012, 8:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-05-008.

Title of Rule and Other Identifying Information: The department is amending and adopting new rules within the following chapters to implement Initiative 1163, related to caregiver training requirements: Chapter 388-71 WAC, Home and community services and programs and chapter 388-112 WAC, Residential long-term care programs.

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, on September 25, 2012, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 25, 2012.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on September 25, 2012.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 4, 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 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 and subsequently ESHB 2314. 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. ESHB 2314 also allows for certified home care aides to be delegated nursing tasks and this was also added to these WACs.

Reasons Supporting Proposal: 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 as WSR 12-05-100 and an emergency rule extension was filed as WSR 12-13-090 on June 19, 2012.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

Statute Being Implemented: Chapter 74.39A WAC [RCW].

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, aging and disability services administration, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Martin Yates, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2540; and Enforcement: DSHS.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department is adopting amendments to chapters 388-71 and 388-112 WAC as expressly required by Initiative 1029 and subsequent Initiative 1163. These rules are consistent with the training and certification requirements set forth in those initiatives, therefore pursuant to RCW 19.85.025(3) and 34.05.328 (5)(b)(v), a small business economic impact statement is not required.

A cost-benefit analysis is not required under RCW 34.05.328. No cost-benefit analysis is required as this rule is exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.

July 24, 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 12-17 issue of the Register.

Washington State Code Reviser's Office