WSR 16-10-110
[Filed May 4, 2016, 10:49 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-03-063.
Title of Rule and Other Identifying Information: WAC 246-980-140 Home care aide scope of practice, amending the rule to allow for provision of skills acquisition training.
Hearing Location(s): Town Center 2, 111 Israel Road S.E., Room 145, Tumwater, WA 98501, on June 13, 2016, at 1:00 p.m.
Date of Intended Adoption: June 30, 2016.
Submit Written Comments to: Stacey Saunders, P.O. Box 47852, Olympia, WA 98504-7852, e-mail, fax (360) 236-4901, by June 13, 2016.
Assistance for Persons with Disabilities: Contact Stacey Saunders by May 23, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending WAC 246-980-140 will allow home care aides to provide skills acquisition training to elderly and vulnerable clients to align with recent department of social and health services (DSHS) rule revisions implemented to meet the federal objectives outlined in Washington's formal state plan submitted to the Centers for Medicare and Medicaid Services (CMS). This plan was submitted by DSHS to obtain approval to participate in a Medicaid Title XIX entitlement program, the community first choice options (CFCO) program, and receive an enhanced medicaid match rate.
Reasons Supporting Proposal: ESHB 2746 required DSHS to establish a 1915(k) community first choice (CFC) program. DSHS developed a state plan amendment that was federally approved to provide the new CFC state plan. These WAC changes are for consistency with and in support of DSHS' CFC program.
Statutory Authority for Adoption: RCW 18.88B.021.
Statute Being Implemented: RCW 18.188B.021 [18.88B.021].
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: Shannon Beigert, 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)(iii) exempts 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.
May 3, 2016
John Wiesman, DrPH, MPH
AMENDATORY SECTION (Amending WSR 13-19-087, filed 9/18/13, effective 10/19/13)
WAC 246-980-140 Scope of practice for long-term care workers.
(1) A long-term care worker performs activities of daily living or activities of daily living and instrumental activities of daily living. A person performing only instrumental activities of daily living is not acting under the long-term care worker scope of practice.
(a) "Activities of daily living" means self-care abilities related to personal care such as bathing, eating, using the toilet, dressing, and transfer. This may include fall prevention, skin and body care.
(b) "Instrumental activities of daily living" means activities in the home and community including cooking, shopping, house cleaning, doing laundry, working, and managing personal finances.
(2) A long-term care worker documents observations and tasks completed, as well as communicates observations on the day they were performed to clients, family, supervisors, and, if appropriate, health care providers.
(3) A long-term care worker may perform medication assistance as described in chapter 246-888 WAC.
(4) A long-term care worker may perform nurse delegated tasks, to include medication administration, if he or she meets and follows the requirements in WAC 246-980-130.
(5) A long-term care work may provide skills acquisition training on instrumental activities of daily living and the following activities of daily living tasks: Dressing, application of deodorant, washing hands and face, hair washing, hair combing and styling, application of makeup, menses care, shaving with an electric razor, tooth brushing or denture care, and bathing tasks excluding any transfers in or out of the bathing area.