WSR 15-24-091 PROPOSED RULES DEPARTMENT OF HEALTH [Filed November 30, 2015, 5:51 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 246-980-065 Home care aide provisional certification, proposing amending the rule to remove an expiration date for training and certification exemption for certain long-term care workers.
Hearing Location(s): Town Center 2, Conference Room 158, 111 Israel Road S.E., Tumwater, WA 98501, on January 14, 2016, at 9:30 a.m.
Date of Intended Adoption: January 21, 2016.
Submit Written Comments to: Stacey Saunders, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-4901, by January 14, 2016.
Assistance for Persons with Disabilities: Contact Stacey Saunders by January 4, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule is intended to implement HB 1531 (chapter 152, Laws of 2015). The proposed change removes the end date for issuing provisional certifications for certain long-term care workers.
Reasons Supporting Proposal: The department proposes the revisions to comply with HB 1531, which removed an expiration date for training and certification exemptions for certain long-term care workers.
Statutory Authority for Adoption: RCW 18.88B.060.
Statute Being Implemented: RCW 18.88B.035, HB 1531 (chapter 152, Laws of 2015).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of health, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Stacey Saunders, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-2813; and Enforcement: Dave Magby, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4660.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules that adopt or incorporate by reference - without material change - federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.
November 24, 2015
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 14-09-002, filed 4/3/14, effective 5/4/14)
WAC 246-980-065 Home care aide provisional certification.
(1) The department may issue a provisional certification to a long-term care worker who is limited-English proficient and submits:
(a) A request for a provisional certification; and
(b) Verification of his or her date of hire as a long-term care worker, as follows:
(i) For individual providers, verification of the applicant's date of hire submitted directly by the department of social and health services; or
(ii) For all other applicants, a form supplied by the department and completed by the employer who hired the applicant as a long-term care worker, verifying the applicant's date of hire.
(2) A provisional certification will be issued only once.
(3) A provisional certification will take effect two hundred days from the applicant's date of hire as a long-term care worker, as defined in WAC 246-980-010(2).
(4) A provisional certification will expire two hundred sixty days from the applicant's date of hire as a long-term care worker. The applicant must stop working on the two hundred sixtieth day of employment if the certification has not been granted for any reason.
(5) A request for provisional certification may be denied pursuant to chapter 18.130 RCW, the Uniform Disciplinary Act, or based on RCW 18.88B.080.
(6) For the purposes of this section, "limited-English proficient" means that an individual is limited in his or her ability to read, write, or speak English.
(((7) Provisional certifications will not be issued after March 1, 2016.))
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