WSR 13-01-094



[ Filed December 19, 2012, 11:15 a.m. ]

     Subject of Possible Rule Making: Chapter 246-980 WAC, Home care aides, amending rules to reflect changes in the law and revise the application deadline and requirement to send training certificate to the examination vendor. Adding new sections for scope of practice, nurse delegation, and exemptions and requirements for certification for home care aides. Amending WAC 246-10-501, to allow use of brief adjudicative proceeding for home care aide applicants and credential holders who are disqualified by chapter 74.39A RCW.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: ESHB 2314 (chapter 164, Laws of 2012) chapters 18.88B, 18.130 RCW, RCW 43.70.040.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 2314 (2012) changed laws for home care aides. The home care aide rules need to be amended to reflect recent changes in law, including establishing scope of practice, nurse delegation, exemptions from certification, requirements for certification and updating references to laws and dates. Changes are also needed to make clarifications or add requirements in order to ensure consistency with the law and DSHS rules. Changes may be needed to WAC 246-10-501 to allow use of the brief adjudicative preceeding process for applicants disqualified under chapter 74.39A RCW. The application time frames may also need to be changed to allow home care aides more time to submit an application to the department.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of social and health services (DSHS) regulates the training of long-term care workers. The department of health will work closely with DSHS home and community services (HCS) to coordinate efforts to assure rules adopted by both departments are consistent. The department of health will consult HCS about possible changes and share draft efforts.

     Process for Developing New Rule: Collaborative rule making.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may receive notices of rule development workshops and other rule-making activities by contacting Kendra Pitzler, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4723, fax (360) 236-2901, e-mail All notices will be sent to the home care aide listserv. Interested parties can join the listserv at

December 19, 2012

Mary C. Selecky