WSR 17-11-023
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed May 10, 2017, 11:52 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-11-017.
Title of Rule and Other Identifying Information: The department is proposing to repeal chapter 388-112 WAC, Residential long-term care services, and create new sections in new chapter 388-112A WAC, Residential long-term care services training. New chapter 388-112A WAC will provide training and certification requirements for long-term care workers in residential settings, and will also provide instructor and curricula standards.
Hearing Location(s): Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on July 11, 2017, at 10:00 a.m.
Date of Intended Adoption: Not earlier than July 12, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., July 11, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by June 27, 2017, phone (360) 664-6092, TTY (360) 664-6178, or email KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to update the rules for long-term care worker training requirements and home care aide certification, update the provisions in specialty training curriculum and the requirements for instructors, and to add a new category of training and certification requirements for long-term care workers in enhanced services facilities. This proposal replaces existing chapter 388-112 WAC with the more current chapter 388-112A WAC. The entire new chapter 388-112A WAC is organized to provide clarity in long-term care worker training, certification, curricula, and instructor requirements.
Reasons Supporting Proposal: Stakeholders have requested that the department update and simplify the residential training and certification rules, and clarify the applicability of the training requirements. The last major update of these rules was in 2012, and the requirements have changed considerably since then. These rules are being proposed to provide clarity and to eliminate outdated rules on training that are no longer in use. New chapter 388-112A WAC provides current deadlines on training and certification requirements that were implemented in chapter 18.88B RCW but were not included in chapter 388-112 WAC. Chapter 388-112A WAC also implements other legislative developments including expanded and improved training under SSB 5630 for dementia and mental health, and also implements recommendations of the adult family home quality assurance panel.
Statute Being Implemented: RCW 74.39A.074, 18.88B.021.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Suemary Trobaugh, 4450 10th Avenue S.E., Lacey, WA 98503, (360) 725-2516; Implementation and Enforcement: Lorrie Mahar, 4450 10th Avenue S.E., Lacey, WA 98503, (360) 725-2549.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules impact adult family homes, enhanced services facilities, assisted living facilities and community instructor training programs. DSHS aging and long-term support administration has analyzed the proposed rule amendments and has determined that the listed small businesses may be impacted by these changes. However, the department estimates that the costs are a "minor cost" as that term is defined in RCW 19.85.020.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Suemary Trobaugh, Aging and Long-Term Support Administration/Home and Community Services, 4450 10[th] Avenue S.E., Lacey, WA 98503, phone (360) 725-2516, fax (360) 725-2646, email trobas@dshs.wa.gov.
May 9, 2017
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 17-12 issue of the Register.