DEPARTMENT OF HEALTH

[Filed June 2, 2026, 7:34 a.m., effective July 3, 2026]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Home care aide certification rules amending WAC 246-980-025, 246-980-030, 246-980-040, and 246-980-065. The department of health (department) is adopting amendments to implement legislation, SHB 1142 (chapter 18, Laws of 2025) and SB 5672 (chapter 341, Laws of 2025), to provide additional time for long-term care workers to become certified. The changes are necessary to provide direction for home care aide applicants, extend the certification process by establishing a revised certification timeline, clarify basic training requirements for long-term care workers, and update exemptions from obtaining a home care aide certification.

The department is adopting rules to implement SHB 1142 by clarifying which long-term care workers are exempt from having to complete certification as a home care aide and what the basic training requirements are for those who are exempt.

To comply with SB 5672, the department filed emergency rules on August 25, 2025, under WSR 25-18-034; November 10, 2025, under WSR 25-23-027; and lastly on March 10, 2026, under WSR 26-07-028. The department is now permanently adopting provisions that extend the time to complete certification requirements and clarify qualifications for those who are exempt from certification. When effective, these permanent rules will supersede the emergency rules.

Through work with interested parties, the department incorporated public input during the rule-making process to clarify and improve implementation. These updates are intended to support workforce sustainability, reduce barriers to certification, and provide clearer guidance to applicants, employers, and training entities.

Citation of Rules Affected by this Order: Amending WAC 246-980-025, 246-980-030, 246-980-040, and 246-980-065.

Statutory Authority for Adoption: RCW 18.88B.021, 18.88B.022, 18.88B.035, 18.88B.041, and 18.88B.060.

Other Authority: SHB 1142, codified in RCW 18.88B.041; and SB 5672, codified as RCW 18.88B.022.

Adopted under notice filed as WSR 26-07-005 on March 5, 2026.

A final cost-benefit analysis is available by contacting Jenni Osbun, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-2737, TTY 711, email jennifer.osbun@doh.wa.gov, website www.doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.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 4, 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 4, Repealed 0.

Date Adopted: June 1, 2026.

Kristin Peterson, JD

for Dennis E. Worsham

AMENDATORY SECTION(Amending WSR 25-15-128, filed 7/21/25, effective 8/21/25)

WAC 246-980-025Individuals exempt from obtaining a home care aide certification.

(1) The following individuals are not required to obtain certification as a home care aide. If they choose to voluntarily become certified, they shall successfully pass the entry level training required by RCW 74.39A.074 and meet the requirements of WAC 246-980-040.

(a) ((An individual provider))A long-term care worker providing in-home care and caring only for a biological, step, or adoptive child or parent, including when related by marriage or domestic partnership.

(b) ((An individual provider))A long-term care worker providing in-home care and caring only for a sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership.

(c) Through June 30, 2026, a long-term care worker providing approved services only for a spouse or registered domestic partner and funded through the United States Department of Veterans Affairs home and community-based programs. Effective July 1, 2026, a long-term care worker providing approved in-home services only for a spouse or registered domestic partner is not required to be funded through the United States Department of Veterans Affairs or community-based programs.

(d) ((An individual provider))A long-term care worker providing in-home care who provides 20 hours or less of care for one person in any calendar month.

(e) An individual employed by a community residential service business.

(f) An individual employed by a residential habilitation center licensed under chapter 71A.20 RCW or a facility certified under 42 C.F.R. Part 483.

(g) A direct care worker who is not paid by the state or by a private agency or facility licensed by the state to provide personal care services.

(h) A person working as ((an individual provider))a long-term care worker providing in-home care who only provides ((nonrespite))respite services and works less than 300 hours in any calendar year.

(i) Any direct care worker exempt under RCW 18.88B.041(1).

(2) The following long-term care workers are not required to obtain certification as a home care aide. If they choose to voluntarily become certified, they must meet the requirements of WAC 246-980-040. The training requirements under RCW 74.39A.074(1) are not required.

(a) An individual who holds an active credential by the department as a:

(i) Registered nurse, a licensed practical nurse, or advanced registered nurse practitioner under chapter 18.79 RCW; or

(ii) Nursing assistant-certified under chapter 18.88A RCW.

(b) A home health aide who was employed by a medicare certified home health agency within the year before being hired as a long-term care worker and has met the requirements of 42 C.F.R. Part 484.36.

(c) A person who is in an approved training program for certified nursing assistant under chapter 18.88A RCW, provided that the training program is completed within 120 calendar days of the date of hire and that the nursing assistant-certified credential has been issued within ((200))365 calendar days of the date of hire. This timeline is in effect for long-term care workers in this setting beginning February 6, 2025, through December 31, 2027.

(d) An individual with special education training and an endorsement granted by the superintendent of public instruction under RCW 28A.300.010 and is approved by the secretary.

(e) An individual employed as a long-term care worker on January 6, 2012, or who was employed as a long-term care worker between January 1, 2011, and January 6, 2012, and who completed all of the training requirements in effect as of the date of hire. This exemption expires if the long-term care worker has not provided care for three consecutive years.

(i) The department may require the exempt long-term care worker who was employed as a long-term care worker between January 1, 2011, and January 6, 2012, to provide proof of that employment. Proof may include a letter or similar documentation from the employer that hired the long-term care worker between January 1, 2011, and January 6, 2012, indicating the first and last day of employment, the job title, a job description, and proof of completing training requirements. Proof of training will also be accepted directly from the approved instructor or training program, if applicable.

(ii) For an individual provider reimbursed by the department of social and health services, the department will accept verification from the department of social and health services or the training partnership.

(3) Long-term care workers who are exempt from obtaining a home care aide certification may be required to complete minimum training requirements under RCW 74.39A.074 or 74.39A.076.

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 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))365 calendar 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 calendar days from the applicant's date of hire as a long-term care worker. The applicant must stop working ((on the two hundred sixtieth))after 425 days 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.