Washington Code 18.88B.041 – Exemptions from training requirements
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(1) The following long-term care workers are not required to become a certified home care aide pursuant to this chapter:
Terms Used In Washington Code 18.88B.041
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(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 biological, step, or adoptive child or parent; 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 twenty hours or less of 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 three hundred 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.
[ 2023 c 424 § 7; 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).]
NOTES:
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.