The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Community residential service business" has the same meaning as defined in RCW 74.39A.009.
"Department" means the department of health.
"Home care aide" means a person certified under this chapter.
"Individual provider" has the same meaning as defined in RCW 74.39A.009.
"Long-term care worker" has the same meaning as defined in RCW 74.39A.009.
"Personal care services" has the same meaning as defined in RCW 74.39A.009.
"Secretary" means the secretary of the department of health.
[ 2012 c 164 § 201; 2009 c 2 § 17 (Initiative Measure No. 1029, approved November 4, 2008); ]
Beginning January 7, 2012, except as provided in RCW 18.88B.041, any person hired as a long-term care worker must be certified as a home care aide as provided in this chapter within two hundred calendar days after the date of hire, as defined by the department. The department may adopt rules determining under which circumstances a long-term care worker may have more than one date of hire, restarting the person's 200-day period to obtain certification as a home care aide.
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No person may practice or, by use of any title or description, represent himself or herself as a certified home care aide without being certified as provided in this chapter.
This section does not prohibit a person: (i) From practicing a profession for which the person has been issued a license or which is specifically authorized under this state's laws; or (ii) who is exempt from certification under RCW 18.88B.041 from providing services as a long-term care worker.
In consultation with consumer and worker representatives, the department shall, by January 1, 2013, establish by rule a single scope of practice that encompasses both long-term care workers who are certified home care aides and long-term care workers who are exempted from certification under RCW 18.88B.041.
If a pandemic, natural disaster, or other declared state of emergency impacts the ability of long-term care workers to complete certification as required by this section, the department may adopt rules to allow long-term care workers additional time to become certified.
Rules adopted under this subsection (3) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that additional time for long-term care workers to become certified is no longer necessary, whichever is later. Once the department determines a rule adopted under this subsection (3) is no longer necessary, it must repeal the rule under RCW 34.05.353.
Within 12 months of the termination of the pandemic, natural disaster, or other declared state of emergency, the department shall conduct a review of certification compliance with subsection (1) of this section and rules adopted under this subsection (3) and provide the legislature with a report.
The department shall adopt rules to implement this section.
[ 2021 c 203 § 10; 2013 c 259 § 1; 2012 c 164 § 301; 2012 c 1 § 103 (Initiative Measure No. 1163, approved November 8, 2011); ]
Except as provided in RCW 18.88B.041 and subject to the other requirements of this chapter, to be certified as a home care aide, a long-term care worker must successfully complete the training required under RCW 74.39A.074(1) and a certification examination. Any long-term care worker failing to make the required grade for the examination may not be certified as a home care aide.
The department, in consultation with consumer and worker representatives, shall develop a home care aide certification examination to evaluate whether an applicant possesses the skills and knowledge necessary to practice competently. Except as provided by RCW 18.88B.041(1)(a)(ii), only those who have completed the training requirements in RCW 74.39A.074(1) shall be eligible to sit for this examination.
The examination shall include both a skills demonstration and a written or oral knowledge test. The examination papers, all grading of the papers, and records related to the grading of skills demonstration shall be preserved for a period of not less than one year. The department shall establish rules governing the number of times and under what circumstances individuals who have failed the examination may sit for the examination, including whether any intermediate remedial steps should be required.
All examinations shall be conducted by fair and wholly impartial methods. The certification examination shall be administered and evaluated by the department or by a contractor to the department that is neither an employer of long-term care workers or a private contractor providing training services under this chapter.
The department shall adopt rules to implement this section.
[ 2012 c 164 § 304; 2012 c 1 § 104 (Initiative Measure No. 1163, approved November 8, 2011); ]
The department may issue a provisional certification to a long-term care worker who is limited English proficient to allow the person additional time to comply with the requirement that a long-term care worker become certified as a home care aide within two hundred calendar days after the date of hire as provided in RCW 18.88B.021, if the long-term care worker:
Is limited English proficient; and
Complies with other requirements established by the department in rule.
The department shall issue a provisional certification to a long-term care worker who has met the requirements of subsection (1) of this section. The provisional certification may only be issued once and is valid for no more than sixty days after the expiration of the two hundred calendar day requirement for becoming certified.
The department shall adopt rules to implement this section.
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.
[ 2015 c 152 § 4; 2013 c 259 § 2; ]
The following long-term care workers are not required to become a certified home care aide pursuant to this chapter:
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Registered nurses, licensed practical nurses, certified nursing assistants or persons who are in an approved training program for certified nursing assistants under chapter 18.88A RCW, medicare-certified home health aides, or other persons who hold a similar health credential, as determined by the secretary, or persons with special education training and an endorsement granted by the superintendent of public instruction, as described in RCW 28A.300.010, if the secretary determines that the circumstances do not require certification.
A person who was initially hired as a long-term care worker prior to January 7, 2012, and who completes all of the training requirements in effect as of the date the person was hired.
Individuals exempted by (a)(i) of this subsection may obtain certification as a home care aide without fulfilling the training requirements in RCW 74.39A.074(1)(d)(ii) but must successfully complete a certification examination pursuant to RCW 18.88B.031.
All long-term care workers employed by community residential service businesses.
An individual provider caring only for the individual provider's biological, step, or adoptive child or parent.
A person working as an individual provider who provides twenty hours or less of care for one person in any calendar month.
A person working as an individual provider who only provides respite services and works less than three hundred hours in any calendar year.
A long-term care worker providing approved services only for a spouse or registered domestic partner, pursuant to the long-term services and supports trust program established in chapter 50B.04 RCW.
A long-term care worker exempted by this section from the training requirements contained in RCW 74.39A.074 may not be prohibited from enrolling in training pursuant to that section.
The department shall adopt rules to implement this section.
[ 2019 c 363 § 20; 2015 c 152 § 1; 2014 c 139 § 6; 2012 c 164 § 302; 2012 c 1 § 105 (Initiative Measure No. 1163, approved November 8, 2011); ]
The uniform disciplinary act, chapter 18.130 RCW, governs uncertified practice, issuance and renewal of certificates, and the discipline of persons with certificates under this chapter. The secretary shall be the disciplinary authority under this chapter.
The secretary may take action to immediately suspend the certification of a home care aide upon finding that conduct of the home care aide has caused or presents an imminent threat of harm to a functionally disabled person in his or her care.
If the secretary imposes suspension or conditions for continuation or renewal of certification, the suspension or conditions for continuation or renewal are effective immediately upon notice and shall continue in effect pending the outcome of any hearing.
The department shall take appropriate enforcement action related to the licensure of a private agency or facility licensed by the state, to provide personal care services, other than an individual provider, who knowingly employs a long-term care worker who is not a certified home care aide as required under this chapter or whose certification is revoked or, if exempted from certification by RCW 18.88B.041, who has not completed his or her required training pursuant to RCW 74.39A.074.
Chapter 34.05 RCW shall govern actions by the department under this section.
The department shall adopt rules to implement this section.
[ 2012 c 164 § 601; 2011 1st sp.s. c 31 § 4; 2009 c 580 § 17; 2009 c 2 § 13 (Initiative Measure No. 1029, approved November 4, 2008); ]
The department has the authority to:
Establish forms, procedures, and examinations necessary to certify home care aides pursuant to this chapter;
Hire clerical, administrative, and investigative staff as needed to implement this section;
Issue certification as a home care aide to any applicant who has successfully completed the home care aide examination, and renew such certificates;
Maintain the official record of all applicants and persons with certificates;
Exercise disciplinary authority as authorized in chapter 18.130 RCW; and
Deny certification to applicants who do not meet training, competency examination, and conduct requirements, including background checks, for certification.
The department shall adopt rules that establish the procedures, including criteria for reviewing an applicant's state and federal background checks, and examinations necessary to implement this section.
[ 2012 c 164 § 303; ]
The legislature recognizes that nurses have been successfully delegating nursing care tasks to family members and others for many years. The opportunity for a nurse to delegate nursing care tasks to home care aides certified under this chapter may enhance the viability and quality of health care services in community-based care settings and in-home care settings to allow individuals to live as independently as possible with maximum safeguards.
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A certified home care aide who wishes to perform a nurse delegated task pursuant to RCW 18.79.260 must complete nurse delegation core training under chapter 18.88A RCW before the home care aide may be delegated a nursing care task by a registered nurse delegator. Before administering insulin, a home care aide must also complete the specialized diabetes nurse delegation training under chapter 18.88A RCW. Before commencing any specific nursing care tasks authorized under RCW 18.79.260, the home care aide must:
Provide to the delegating nurse a transcript or certificate of successful completion of training issued by an approved instructor or approved training entity indicating the completion of basic core nurse delegation training; and
Meet any additional training requirements mandated by the nursing care quality assurance commission. Any exception to these training requirements is subject to RCW 18.79.260(3)(e)(vi).
In addition to meeting the requirements of (a) of this subsection, before providing delegated nursing care tasks that involve administration of insulin by injection to individuals with diabetes, the home care aide must provide to the delegating nurse a transcript or certificate of successful completion of training issued by an approved instructor or approved training entity indicating completion of specialized diabetes nurse delegation training. The training must include, but is not limited to, instruction regarding diabetes, insulin, sliding scale insulin orders, and proper injection procedures.
The home care aide is accountable for his or her own individual actions in the delegation process. Home care aides accurately following written delegation instructions from a registered nurse are immune from liability regarding the performance of the delegated duties.
Home care aides are not subject to any employer reprisal or disciplinary action by the secretary for refusing to accept delegation of a nursing care task based on his or her concerns about patient safety issues. No provider of a community-based care setting as defined in RCW 18.79.260, or in-home services agency as defined in RCW 70.127.010, may discriminate or retaliate in any manner against a person because the person made a complaint about the nurse delegation process or cooperated in the investigation of the complaint.
[ 2012 c 164 § 406; ]
A long-term care worker disqualified from working with vulnerable persons under chapter 74.39A RCW may not be certified or maintain certification as a home care aide under this chapter. To allow the department to satisfy its certification responsibilities under this chapter, the department of social and health services shall share the results of state and federal background checks conducted pursuant to RCW 74.39A.056 with the department. Neither department may share the federal background check results with any other state agency or person.
[ 2012 c 164 § 501; ]