WSR 12-15-024

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed July 11, 2012, 10:08 a.m. ]

Subject of Possible Rule Making: Chapter 246-980 WAC, Home care aides, amending rules to reflect changes in the law and adding new sections to establish a scope of practice, nurse delegation, exemptions from certification, and requirements for certification for home care aides, and amending WAC 246-10-501 to allow use of the brief adjudicative proceeding (BAP) for home care aide applicants disqualified under chapter 74.39A RCW.

Statutes Authorizing the Agency to Adopt Rules on this Subject: ESHB 2314 (chapter 164, Laws of 2012); chapters 18.88B and 18.130 RCW; RCW 43.70.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 2314 (2012) changed the long-term care worker laws and requirements for home care aides. The home care aide rules need to be amended to reflect the changes in ESHB 2314 and other recent changes in the law, including establishing scope of practice, nurse delegation, exemptions from certifications, and requirements for certifications. This may include, but is not limited to, updating references to laws and dates, and making clarifications or adding requirements to ensure consistency with the law, the intent of the law, and consistency with DSHS rules. Changes may be needed for WAC 246-10-501 to allow use of the BAP process for home care aide applicants disqualified under chapter 74.39A RCW.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of social and health services (DSHS) regulates the training of long-term care workers. The department will meet with DSHS home and community services (HCS) to coordinate efforts. To assure rules adopted by both departments are consistent, the department of health will consult HCS about possible changes and share draft rules.

Process for Developing New Rule: Collaborative rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kendra Pitzler, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4723, fax (360) 236-2901, e-mail kendra.pitzler@doh.wa.gov. All notices will be sent to the home care aide listserv. Interested parties can join the listserv at http://listserv.wa.gov/cgi-bin/wa?SUBED1=HOMECAREAIDES&A=1.

July 10, 2012

Mary C. Selecky

Secretary

Washington State Code Reviser's Office