WSR 16-20-095
(Aging and Long-Term Support Administration)
[Filed October 4, 2016, 3:02 p.m., effective November 4, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: SB 5600 from the 2015 legislative session requires that certain definitions concerning vulnerable adults must be amended, including the definitions of abuse and sexual abuse. The department is amending sections of chapter 388-76 WAC to assure compliance with this requirement. Since the implementation of Executive Order 10-06 in 2010 suspending noncritical rule development and adoption, the department has communicated clarifying information and changes to stakeholders through Dear Provider Letters whenever the change or changes did not meet the moratorium criteria for rule change. However, with the recent revision of the criteria for rule change, the department is incorporating the aforementioned information into rule.
Other sections of the rule are either being amended to clarify the rule or revise the language in the rule to better align with the intent of statute. Additionally, revisions to this rule associated with the physical environment of the adult family home are being made for the health and safety of the residents residing in the home, such as ensuring adequate grab bars when showering or toileting, and stable barriers around fireplaces or woodstoves to prevent incidental contact. Lastly, the department is repealing sections in this rule to condense the emergency evacuation sections in chapter 388-76 WAC.
Reasons supporting proposal: This amendment will ensure the department is in compliance with the newly passed law, and that rules are clear so that the rights and safety of residents are protected.
Citation of Existing Rules Affected by this Order: Repealing WAC 388-76-10820 and 388-76-10880; and amending WAC 388-76-10000, 388-76-10145, 388-76-10463, 388-76-10535, 388-76-10540, 388-76-10650, 388-76-10655, 388-76-10715, 388-76-10730, 388-76-10825, 388-76-10845, 388-76-10865, and 388-76-10895.
Statutory Authority for Adoption: Chapter 70.128 RCW.
Adopted under notice filed as WSR 16-14-037 on June 28, 2016.
Changes Other than Editing from Proposed to Adopted Version: WAC 388-76-10000 Definitions.
Updated RCW reference contained in definition of "financial exploitation."
WAC 388-76-10535 Resident rightsNotice of change to services.
Added "scope of care" to subsection (1).
Added clarifying language to subsection (1)(b).
Changed "or" to "and" in subsection (1)(d).
WAC 388-76-10650 Medical devices.
Added clarifying language.
WAC 388-76-10655 Physical restraints.
Clarified language in WAC 388-76-10655(2) regarding less restrictive alternatives to physical or mechanical restraints.
WAC 388-76-10730 Grab bars and hand rails.
Changed October 1, 2016, date to November 1, 2016.
The phrase, "if needed by any resident" was added back into this section.
Added language that homes licensed before November 1, 2016, should also have grab bars and hand rails securely installed.
WAC 388-76-10825 Space heaters and stoves.
Added clarifying language.
WAC 388-76-10845 Emergency drinking water supply.
Clarified the requirement of emergency drinking water for the adult family home's resident capacity.
WAC 388-76-10865 Evacuation from adult family home.
Date in WAC 388-76-10865(3) changed to November 1, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 14, Repealed 2.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 14, Repealed 2.
Date Adopted: September 28, 2016.
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 16-21 issue of the Register.