WSR 20-14-088
(Aging and Long-Term Support Administration)
[Filed June 30, 2020, 9:01 a.m., effective July 31, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending and adding new sections to chapter 388-112A WAC, Residential long-term care services training. The rules include the following changes:
WAC 388-112A-0010 contains technical corrections and adds new definition for adult family home training network, renewal period and special needs;
WAC 388-112A-0050, 388-112A-0060, 388-112A-0070, and 388-112A-0090 contain technical corrections on identifying qualifying credentials for exemption;
WAC 388-112A-0125 (new section) clarifies employment and training records that caregivers should provide the employer, and what the home must review and verify prior to hire;
WAC 388-112A-0490 and 388-112A-0495 correct language to be consistent with statutory requirements in RCW 18.20.270 and 70.128.230;
WAC 388-112A-0590 clarifies when nurse delegation may be applied to the seventy-hour long-term care worker basic training;
WAC 388-112A-0600 renumbers provisions for clarity;
WAC 388-112A-0610, 388-112A-0611 (new section), and 388-112A-0612 (new section) clarify continuing education requirements, who needs to complete it each year, how many hours are required, and corresponding deadlines including for caregivers hired to return after a break in service. For the adult family home section, the proposed rule also clarifies continuing education requirements for safe food handling to match the requirement under RCW 70.128.250;
WAC 388-112A-1020 clarifies curriculum approval and online training standards;
WAC 388-112A-1240, 388-112A-1270, and 388-112A-1285 contain technical corrections to clarify instructor qualifications; and
WAC 388-112A-0130 (new section) clarifies when and how a long-term care worker may be eligible to have their date of hire reset.
The department filed a CR-102 Proposed rule making as WSR 18-19-108 on September 19, 2019, a supplemental CR-102 Proposed rule making as WSR 19-11-062 on May 15, 2019, and a second Supplemental CR-102 Proposed rule making as WSR 20-05-079 on February 18, 2020.
Citation of Rules Affected by this Order: New WAC 388-112A-0125, 388-112A-0130, 388-112A-0611 and 388-112A-0612; and amending WAC 388-112A-0010, 388-112A-0050, 388-112A-0060, 388-112A-0070, 388-112A-0090, 388-112A-0490, 388-112A-0495, 388-112A-0590, 388-112A-0600, 388-112A-0610, 388-112A-1020, 388-112A-1240, 388-112A-1270, and 388-112A-1285.
Statutory Authority for Adoption: RCW 74.39A.009, 74.39A.070, 74.39A.074, 74.39A.341, 18.20.270, 18.88B.021, 18.88B.035, 70.128.230, 71A.12.030, 70.97.080.
Adopted under notice filed as WSR 20-05-079 on February 18, 2020.
Changes Other than Editing from Proposed to Adopted Version: WAC 388-112A-0125 (2)(a), added the word "or" after the semicolon in (i), (ii), and (iii), and the word "and" following the semicolon in (v).
WAC 388-112A-0125, (3)(a), (3)(b) subsections deleted.
WAC 388-112A-0130, created this new section with language deleted from WAC 388-112A-0125.
WAC 388-112A-0490, added "demonstrate proof of completing specialty training."
WAC 388-112A-0495, omitted language for assisted living that is contained in language related to adult family homes.
WAC 388-112A-0495(4), added the following: "…the assisted living facility must ensure that a long term care worker employed by the facility demonstrates completion of, or completes and demonstrates…"
WAC 388-112A-0495(6), added using text of WAC 388-112A-0495(3).
WAC 388-112A-0600(1), replaced "caregiver's" with the term "long term care worker's."
WAC 388-112A-0611 (1)(a)(iii), amended the punctuation and numbering sequence as follows:
(iii) A certified nursing assistant;
(iv) A person with special education training and an endorsement granted by the Washington state office of superintendent of public instruction, as described in RCW 28A.300.010; and
(v) An assisted living facility or the administrator designee as provided under WAC 388-112A-0060.
WAC 388-112A-0611(e), added the word "initial" inserted before "certification."
WAC 388-112A-1020, changed the name of upcoming next home care aide manual to "fundamentals of caregiving."
WAC 388-112A-1020(1), added the word "amended."
WAC 388-112A-1020(2), removed the words "curriculum and instruction".
WAC 388-112A-1240 (4)(c)(i), changed "and religious organizations" to "or religious organizations."
A final cost-benefit analysis is available by contacting Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5310, phone 360-725-2495, fax 360-725-2646, TTY 1-800-833-6388, email
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 4, Amended 14, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the 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 4, Amended 14, Repealed 0.
Date Adopted: June 29, 2020.
Cheryl Strange
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 20-15 issue of the Register.