WSR 25-18-034

EMERGENCY RULES

DEPARTMENT OF HEALTH

[Filed August 25, 2025, 9:42 a.m., effective August 25, 2025, 9:42 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Home care aide certification—Extended timeline. The department of health (department) is establishing emergency rules to extend the timeline for individuals applying for home care aide certification. Mandated by SB 5672 (chapter 341, Laws of 2025), this legislation requires the department to adopt rules that allow long-term care workers additional time to become certified while the office of the state auditor completes their biennial performance report under section 201, chapter 1, Laws of 2012 (Initiative 1163). Initiative 1163 increased training requirements and competency assessments for long-term care workers. The biennial performance report shall provide recommendations for the consideration of the legislature for future requirements.

To align with this recent legislation, the department is adopting rules to extend the certification deadline for home care aides from 200 days to 365 days from the date of hire, or 260 days if granted a provisional certificate under RCW 18.88B.035 to allow applicants more time to complete requirements. This change is intended to continue the efforts of reducing workforce barriers and supporting the long-term care workers.

Citation of Rules Affected by this Order: Amending WAC 246-980-030, 246-980-040, and 246-980-065.

Statutory Authority for Adoption: RCW 18.88B.021, 43.70.040, and SB 5672 (chapter 341, Laws of 2025).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This emergency rule is necessary for the immediate preservation of the public health and safety of patients, to provide support of the workforce, and to avoid a critical shortage of long-term care workers.

SB 5672 requires the department to adopt rules to extend the home care aide certification timeline allowing them additional time to complete the training, testing, and other certification requirements. Currently, if a long-term care worker does not meet the requirements for certification within 200 days of initial hire, or 260 days if granted a provisional certificate, they must stop working and reapply or be rehired for certification. Through discussion and feedback from the public and interested parties, there was positive support for the proposed rules. The department estimates that extending the timeline to complete certification requirements to 365 days from the date of hire, or 425 days if granted a provisional certificate, will allow applicants enough time to fulfill training requirements and reflects the realistic timeline employers and long-term care workers experience in the process to become certified. Amending the timelines will assist home care aide applicants allowing them to continue working while completing the necessary requirements of certification. The department determines that this adjustment is a safe measure until the audit is completed.

The potential loss of the workforce that occurs when applicants are unable to complete training requirements in the short time that is allotted will continue to worsen the current long-term care workforce shortage. Health care services are already forced to operate under strained capacity.

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 3, 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 3, 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 3, Repealed 0.

Date Adopted: August 25, 2025.

Kristin Peterson, JD

Chief of Policy

for Dennis E. Worsham

Secretary of Health

RDS-6561.3

AMENDATORY SECTION(Amending WSR 18-20-072, filed 9/28/18, effective 10/29/18)

WAC 246-980-030Working while obtaining certification as a home care aide.

(1) A long-term care worker may provide care before receiving certification as a home care aide if all the following conditions are met:

(a) Before providing care, the long-term care worker must complete the training required by RCW 74.39A.074 (1)(d)(i)(A) and (B).

(b) The long-term care worker must submit an application for home care aide certification to the department within ((fourteen))14 calendar days of hire. An application is considered to be submitted on the date it is post-marked or, for applications submitted in person or online, the date it is accepted by the department.

(2) A long-term care worker is no longer eligible to provide care without a credential under the following circumstances:

(a) The long-term care worker does not successfully complete all of the training required by RCW 74.39A.074(1) within ((one hundred twenty))120 calendar days from their date of hire;

(b) The long-term care worker has not obtained their certification within ((two hundred))365 calendar days from their date of hire, or ((two hundred sixty))425 calendar days if granted a provisional certificate under RCW ((18.88B.041))18.88B.035. These timelines go into effect August 25, 2025, through December 31, 2027. These timelines apply to a pending applicant or a new applicant who has submitted an original application for certification as a home care aide by December 31, 2027.

(3) This section does not apply to long-term care workers exempt from certification under WAC 246-980-025.

AMENDATORY SECTION(Amending WSR 24-15-025, filed 7/9/24, effective 8/9/24)

WAC 246-980-040Certification requirements.

To qualify for certification as a home care aide, the applicant shall:

(1) Successfully complete all training required by RCW 74.39A.074(1) within 120 calendar days of the date of hire as a long-term care worker;

(2) Successfully pass the home care aide certification examination, after completing training; and

(3) Become certified within ((200))365 days of date of hire, or ((260))425 days if granted a provisional certificate under RCW ((18.88B.041))18.88B.035. These timelines go into effect August 25, 2025, through December 31, 2027. These timelines apply to a pending applicant or a new applicant who has submitted an original application for certification as a home care aide by December 31, 2027.

AMENDATORY SECTION(Amending WSR 16-09-004, filed 4/7/16, effective 5/8/16)

WAC 246-980-065Home care aide provisional certification.

(1) The department may issue a provisional certification to a long-term care worker who is limited-English proficient and submits:

(a) A request for a provisional certification; and

(b) Verification of his or her date of hire as a long-term care worker, as follows:

(i) For individual providers, verification of the applicant's date of hire submitted directly by the department of social and health services; or

(ii) For all other applicants, a form supplied by the department and completed by the employer who hired the applicant as a long-term care worker, verifying the applicant's date of hire.

(2) A provisional certification will be issued only once.

(3) A provisional certification will take effect ((two hundred))200 days from the applicant's date of hire as a long-term care worker, as defined in WAC 246-980-010(2).

(4) A provisional certification will expire ((two hundred sixty))425 days from the applicant's date of hire as a long-term care worker. The applicant must stop working on ((the two hundred sixtieth)) day 425 of employment if the certification has not been granted for any reason. This timeline goes into effect August 25, 2025, through December 31, 2027. This timeline applies to a pending applicant or a new applicant who has submitted an original application for certification as a home care aide by December 31, 2027.

(5) A request for provisional certification may be denied pursuant to chapter 18.130 RCW, the Uniform Disciplinary Act, or based on RCW 18.88B.080.

(6) For the purposes of this section, "limited-English proficient" means that an individual is limited in his or her ability to read, write, or speak English.