Wash. Rev. Code § 74.39A.076

Current through 2024

Section 74.39A.076 - Training requirements for individual providers caring for family members

(1) Beginning January 7, 2012, except for long-term care workers exempt from certification under RCW 18.88B.041(1)(a):

(a) A parent who is the individual provider only for the person's developmentally disabled child, including when related by marriage or domestic partnership, must receive 12 hours of training relevant to the needs of individuals with developmental disabilities within the first 120 days after becoming an individual provider.

(b) A spouse or registered domestic partner who is a long-term care worker only for a spouse or domestic partner, pursuant to the long-term services and supports trust program established in chapter 50B.04 RCW, must receive 15 hours of basic training, and at least six hours of additional focused training based on the care-receiving spouse's or partner's needs, within the first 120 days after becoming a long-term care worker.

(c) A person working as an individual provider who (i) provides respite care services only for individuals with developmental disabilities receiving services under Title 71A RCW or only for individuals who receive services under this chapter, and (ii) works 300 hours or less in any calendar year, must complete 14 hours of training within the first 120 days after becoming an individual provider. Five of the 14 hours must be completed before becoming eligible to provide care, including two hours of orientation training regarding the caregiving role and terms of employment and three hours of safety training. The training partnership identified in RCW 74.39A.360 must offer at least 12 of the 14 hours online, and five of those online hours must be individually selected from elective courses.

(d) Individual providers identified in (d)(i) or (ii) of this subsection must complete 35 hours of training within the first 120 days after becoming an individual provider. Five of the 35 hours must be completed before becoming eligible to provide care. Two of these five hours shall be devoted to an orientation training regarding an individual provider's role as caregiver and the applicable terms of employment, and three hours shall be devoted to safety training, including basic safety precautions, emergency procedures, and infection control. Individual providers subject to this requirement include:

(i)

(A) Unless covered by (a) of this subsection, an individual provider caring only for the individual provider's child or parent, including when related by marriage or domestic partnership;

(B) 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;

(ii) A person working as an individual provider who provides 20 hours or less of care for one person in any calendar month; and

(iii) 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) In computing the time periods in this section, the first day is the date of hire.

(3) Only training curriculum approved by the department may be used to fulfill the training requirements specified in this section. The department shall only approve training curriculum that:

(a) Has been developed with input from consumer and worker representatives; and

(b) Requires comprehensive instruction by qualified instructors.

(4) If a pandemic, natural disaster, or other declared state of emergency impacts the ability of long-term care workers to complete training as required by this section, the department may adopt rules to allow long-term care workers additional time to complete the training requirements.

(a) Rules adopted under this subsection (4) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all long-term care workers who were unable to complete the training required in subsection (1) of this section have had adequate access to complete the required training, whichever is later. Once the department determines a rule adopted under this subsection (4) is no longer necessary, it must repeal the rule under RCW 34.05.353.

(b) Within 12 months of the termination of the pandemic, natural disaster, or other declared state of emergency, the department shall conduct a review of training compliance with subsection (1) of this section and provide the legislature with a report.

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

RCW 74.39A.076

Amended by 2024 c 322,§ 2, eff. 6/6/2024.

Amended by 2023 c 424,§ 8, eff. 7/23/2023.

Amended by 2021 c 203,§ 8, eff. 5/10/2021.

Amended by 2019 c 363,§ 19, eff. 7/28/2019.

Amended by 2018 c 220,§ 1, eff. 6/7/2018.

Amended by 2017 c 267,§ 1, eff. 7/23/2017.

Amended by 2015 c 152,§ 2, eff. 7/24/2015.

Amended by 2014 c 139,§ 7, eff. 6/12/2014.

Amended by 2012 c 164,§ 402, eff. 3/29/2012.

Added by 2012 c 1§ 108 (Initiative Measure No. 1163, approved November 8, 2011).

Effective date-Retroactive application- 2021 c 203 : See notes following RCW 43.43.832.

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.