Wash. Rev. Code § 18.88B.041

Current through 2024

Section 18.88B.041 - Exemptions from training requirements

(1) The following long-term care workers are not required to become a certified home care aide pursuant to this chapter:

(a)

(i)

(A) 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.

(B) 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.

(ii) 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.

(b) All long-term care workers employed by community residential service businesses.

(c)

(i) An individual provider caring only for the individual provider's child or parent, including when related by marriage or domestic partnership; and

(ii) An individual provider caring only for the individual provider's sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership.

(d) A person working as an individual provider who provides 20 hours or less of nonrespite care for one person in any calendar month.

(e) A person working as an individual provider who only provides respite services and works less than 300 hours in any calendar year.

(f) 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.

(g) 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.

(2) 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.

(3) The department shall adopt rules to implement this section.

RCW 18.88B.041

Amended by 2024 c 322,§ 1, eff. 6/6/2024.

Amended by 2023 c 424,§ 7, eff. 7/23/2023.

Amended by 2019 c 363,§ 20, eff. 7/28/2019.

Amended by 2015 c 152,§ 1, eff. 7/24/2015.

Amended by 2014 c 139,§ 6, eff. 6/12/2014.

Amended by 2012 c 164,§ 302, eff. 3/29/2012.

Added by 2012 c 1§ 105 (Initiative Measure No. 1163, approved November 8, 2011).

Finding-Intent-Program development-Implementation-Program funding- 2014 c 139 : See notes following RCW 71A.16.050.

Finding-Intent-Rules-Effective date- 2012 c 164 : See notes following RCW 18.88B.010.

Intent-Findings-Performance audits-Spending limits-Contingent effective dates-Application-Construction-Effective date-Short title- 2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.