WSR 25-10-066
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Home and Community Living Administration)
[Filed May 2, 2025, 4:20 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 24-24-053.
Title of Rule and Other Identifying Information: WAC 388-71-1031 What is the curriculum approval process for orientation, safety, the 70-hour basic training population specific training, the 30-hour basic training, the seven hour parent provider training, and continuing education? and 388-112A-1010 What is the curriculum approval process for orientation, safety training, basic training, population specific training, specialty training, residential care administrator training, and continuing education? These rules are related to curriculum approval.
Hearing Location(s): On June 10, 2025, at 10:00 a.m., virtually via Teams or call in. See the department of social and health services (department) website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.
Date of Intended Adoption: Not earlier than June 11, 2025.
Submit Written Comments to: Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, beginning noon on May 7, 2025, by 5:00 p.m. on June 10, 2025.
Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, fax 360-664-6185, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on May 27, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to amend WAC 388-71-1031 and 388-112A-1010 related to curriculum approval. The purpose of this rule making is to establish and clarify curriculum approval requirements. This will provide greater flexibility in the approval process for long-term care workers and the instructional entities.
Reasons Supporting Proposal: RCW
74.39A.074 specifies that only training approved by the department may be used to fulfill long-term care worker training requirements.
There is an increasing number of aspiring community instructors and technological advancements in virtual and online learning management systems. The number of new core basic submissions has grown, and many of those submissions come from training entities that have little experience in curriculum development resulting in substandard submissions containing issues in curriculum that:
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| • | Is not Washington state specific. |
| • | Does not meet department online quality standards. |
| • | Does not contain all required elements. |
| • | Exceeds the scope of practice for home care aides. |
| • | Contains inaccurate or outdated information. |
The current WAC language does not give the department the authority to do a partial review of curriculum even when consistent significant issues are identified early on. Additionally, the department does not currently have the authority to set a limit to how often a program may resubmit the same substandard curriculum for full review.
The reasons for supporting this proposal is that the proposed language will:
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| • | Provide clearer guidelines and expectations for curriculum submitted. |
| • | Discourage poor quality curriculum submissions that does not serve the best interests of learners and clients. |
| • | Provide program managers with flexibility in the approval process while avoiding unnecessary barriers to known developers of quality curriculum by using permissive rather than obligatory language. |
| • | Allow for situations where significant global issues are present; allow the department to do a full review prior to denying the submission. |
| • | Allow the department, when deemed appropriate, the ability to require that a specific amount of time pass before the next submission. |
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: David Chappell, P.O. Box 45600, Lacey, WA 98504-5600, 360-725-2516.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Dave Chappell, P.O. Box 45600, Lacey, WA 98504-5600, phone 360-725-2516, TTY 711 relay service, email
david.chappell@dshs.wa.gov.
Scope of exemption for rule proposal from Regulatory Fairness Act requirements:
Is not exempt.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Clarifying standards and providing the department greater flexibility in the curriculum approval process does not impose additional cost to training programs.
A copy of the detailed cost calculations may be obtained by contacting Dave Chappell, P.O. Box 45600, Olympia, WA 98504, phone 360-725-2516, TTY 711 relay service, email david.chappell@dshs.wa.gov.
May 2, 2025
Katherine I. Vasquez
Rules Coordinator
SHS-5078.1
AMENDATORY SECTION(Amending WSR 23-01-022, filed 12/9/22, effective 1/9/23)
WAC 388-71-1031What ((is the))are the requirements and process for curriculum approval ((process)) for orientation, safety, the 70-hour core basic training ((population specific training)), the 30-hour basic training, the seven-hour parent provider training, and continuing education?
To obtain the department's approval of the curriculum for the 70-hour core basic training, ((population specific training,)) the 30-hour basic training, the seven-hour parent provider training, and continuing education, applicants must adhere to the following steps and requirements:
(1) ((Submit the required training application forms and any other materials required for specific curricula to the department.))Prior to submission:
(a) For all courses except continuing education, ensure that the curriculum contains all required competencies. For the core basic portion of the 75-hour training, the curriculum should follow the presentation order and, at minimum, contain the full content of the department's fundamentals of caregiving;
(b) Ensure that the curriculum:
(i) Uses Washington state specific content and terminology;
(ii) Contains activities and checkpoints that support student learning; and
(iii) Requires no fewer hours than the equivalent department curriculum, if any.
(c) For curriculum to be delivered in an online format without a live instructor, ensure the content meets all the department online standards for learning and accessibility found at "bit.ly/dshs-online-standards".
(2) ((After review of the curriculum, DSHS will send a written response to the submitter, indicating approval or disapproval of the curriculum))Except for core basic curriculum, the department will only review complete curriculum submissions and is not able to assist the applicant with course development. For core basic, the first module may be submitted separately to assure proper development and adherence to standards prior to the first complete submission.
(3) ((If the curriculum is not approved, the reason(s) for denial will be given and the submitter will be told what portion(s) of the training must be changed and resubmitted for review in order for the curriculum to be approved))Submit the required training application forms and any other materials required for specific curriculum to the department.
(4) ((The submitter may then make the requested changes and resubmit the curriculum(s) for review))The department will review submissions that meet the requirements in subsection (1) of this section. After review of the curriculum, in whole or in part, the department will send a written response to the applicant, indicating approval or disapproval of the curriculum.
(5) ((If after working with the department, the reasons why the curriculum is not approved cannot be resolved, the submitter may seek a review of the nonapproval decision from the assistant secretary of aging and long-term support administration (ALTSA). The assistant secretary's review decision will be the final decision of DSHS. No other administrative review is available to the submitter))If the department does not approve the curriculum, the department will provide the applicant the reasons the submission was not approved, including:
(a) What components of the training must be changed prior to resubmission; or
(b) The general areas of deficiency that must be addressed prior to resubmission.
(6) When the department does not approve the curriculum submission, the applicant may resubmit the curriculum for review.
(a) If the department does not approve the second version of the same curriculum submission, the department may require the applicant to wait a minimum of 180 days before submitting the curriculum a third time.
(b) If the department does not approve the third submission, the department may require the applicant to wait a minimum of one year between subsequent submissions.
(7) If after working with the department, the reasons why the curriculum was not approved cannot be resolved, the applicant may seek a review of the nonapproval decision from the assistant secretary of the aging and long-term support administration (ALTSA). The assistant secretary's review decision will be the department's final decision.
AMENDATORY SECTION(Amending WSR 23-01-022, filed 12/9/22, effective 1/9/23)
WAC 388-112A-1010What ((is the))are the requirements and process for curriculum approval ((process)) for orientation, safety training, core basic training, ((population specific training,)) specialty training, ((residential care administrator training,)) and continuing education?
To obtain the department's approval of the curriculum for orientation, safety training, core basic training, ((population specific training,)) specialty training, ((residential care administrator training,)) and continuing education, applicants must adhere to the following steps and requirements:
(1) Prior to submission:
(a) For all courses except continuing education, ensure that the curriculum contains all required competencies. For the core basic portion of the 75-hour training, the curriculum should follow the presentation order and, at minimum, contain the full content of the department's fundamentals of caregiving;
(b) Ensure that the curriculum:
(i) Uses Washington state specific content and terminology;
(ii) Contains activities and checkpoints that support student learning; and
(iii) Requires no fewer hours than the equivalent department curriculum, if any.
(c) For curriculum to be delivered in an online format without a live instructor, ensure the content meets all the department online standards for learning and accessibility found at "bit.ly/dshs-online-standards".
(2) Except for core basic curriculum, the department will only review complete curriculum submissions and is not able to assist the applicant with course development. For core basic, the first module may be submitted separately to assure proper development and adherence to standards prior to the first complete submission.
(3) Submit the required training application forms and any other materials required for specific curriculum to the department.
(((2)))(4) The department will review submissions that meet the requirements in subsection (1) of this section. After review of the curriculum, in whole or in part, the department((DSHS)) will send a written response to the ((submitter))applicant, indicating approval or disapproval of the curriculum.
(((3)))(5) If the department does not approve the curriculum ((is not approved)), the department will provide the applicant the reason((reason(s) for denial will be given and the submitter will be told))the submission was not approved, including:
((what portion(s)))(a) What components of the training must be changed ((and resubmitted for review for the curriculum to be approved.))prior to resubmission; or
(b) The general areas of deficiency that must be addressed prior to resubmission.
(((4) The submitter may then make the requested changes and))(6) When the department does not approve the curriculum submission, the applicant may resubmit the curriculum for review.
(a) If the department does not approve the second version of the same curriculum submission, the department may require the applicant to wait a minimum of 180 days before submitting the curriculum a third time.
(b) If the department does not approve the third submission, the department may require the applicant to wait a minimum of one year between subsequent submissions.
(((5)))(7) If after working with the department, the reasons why the curriculum was not approved cannot be resolved, the ((submitter))applicant may seek a review of the nonapproval decision from the assistant secretary of the aging and long-term support administration (ALTSA). The assistant secretary's review decision will be ((DSHS's))the department's final decision. ((No other administrative review is available to the submitter.))