Wash. Rev. Code § 74.39A.341

Current through 2024

Section 74.39A.341 - [Effective 1/1/2025] [Effective Until 1/1/2027] Continuing education requirements for long-term care workers

(1) All long-term care workers shall complete 12 hours of continuing education training in advanced training topics each year. This requirement applies beginning July 1, 2012.

(2) Completion of continuing education as required in this section is a prerequisite to maintaining home care aide certification under chapter 18.88B RCW.

(3) Unless voluntarily certified as a home care aide under chapter 18.88B RCW, subsection (1) of this section does not apply to:

(a) An individual provider caring only for his or her biological, step, or adoptive child;

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

(c) Registered nurses and licensed practical nurses licensed under chapter 18.79 RCW;

(d) Before January 1, 2016, a long-term care worker employed by a community residential service business;

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

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

(g) A person whose certificate has been expired for less than five years who seeks to restore the certificate to active status. The person does not need to complete continuing education requirements in order for their certificate to be restored to active status. Subsection (1) of this section applies to persons once the certificate has been restored to active status, beginning on the date the certificate is restored to active status.

(4) Individual providers covered under subsection (3) of this section may voluntarily take continuing education. The consumer directed employer must pay individual providers covered in subsection (3) of this section for any continuing education that they may take, up to 12 hours of continuing education annually.

(5) 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.

(6) Individual providers under RCW 74.39A.270 shall be compensated for training time required by this section.

(7) 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 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 this section have had adequate access to complete the required training, whichever is later. Once the department determines a rule adopted under this subsection 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.

(8) The department of health shall adopt rules to implement subsection (1) of this section.

(9) The department shall adopt rules to implement subsection (2) of this section.

RCW 74.39A.341

Amended by 2024 c 322,§ 3, eff. 1/1/2025, exp 1/1/2027.

Amended by 2023 c 424,§ 6, eff. 7/23/2023.

Amended by 2021 c 203,§ 9, eff. 5/10/2021.

Amended by 2015 c 152,§ 3, eff. 7/24/2015.

Amended by 2014 c 139,§ 8, eff. 6/12/2014.

Amended by 2013 c 259,§ 3, eff. 7/28/2013.

Amended by 2012 c 164,§ 405, eff. 3/29/2012.

Added by 2012 c 1§ 112 (Initiative Measure No. 1163, approved November 8, 2011).

Effective date- 2024 c 322 s 3: "Section 3 of this act takes effect January 1, 2025." [2024 c 322 s 6.]

Expiration date- 2024 c 322 s 3: "Section 3 of this act expires January 1, 2027." [2024 c 322 s 7.]

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.

This section is set out more than once due to postponed, multiple, or conflicting amendments.