*** CHANGE IN 2012 *** (SEE INITIATIVE MEASURE NO. 1163) ***

(1) Effective January 1, 2014, except as provided in RCW 18.88B.040, the department of health shall require that all long-term care workers successfully complete a certification examination. Any long-term care worker failing to make the required grade for the examination will not be certified as a home care aide.

     (2) The department of health, 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. Unless excluded by RCW 18.88B.040 (1) and (2), only those who have completed the training requirements in RCW 74.39A.073 shall be eligible to sit for this examination.

     (3) 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 of health 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.

     (4) All examinations shall be conducted by fair and wholly impartial methods. The certification examination shall be administered and evaluated by the department of health or by a contractor to the department of health that is neither an employer of long-term care workers or private contractors providing training services under this chapter.

     (5) The department of health has the authority to:

     (a) Establish forms, procedures, and examinations necessary to certify home care aides pursuant to this chapter;

     (b) Hire clerical, administrative, and investigative staff as needed to implement this section;

     (c) Issue certification as a home care aide to any applicant who has successfully completed the home care aide examination;

     (d) Maintain the official record of all applicants and persons with certificates;

     (e) Exercise disciplinary authority as authorized in chapter 18.130 RCW; and

     (f) Deny certification to applicants who do not meet training, competency examination, and conduct requirements for certification.

     (6) The department of health shall adopt rules by August 1, 2013, that establish the procedures, including criteria for reviewing an applicant's state and federal background checks, and examinations necessary to carry this section into effect.

[2011 1st sp.s. c 31 § 2; 2009 c 580 § 4; 2009 c 2 § 6 (Initiative Measure No. 1029, approved November 4, 2008).]

NOTES:

     Effective date -- 2011 1st sp.s. c 31: See note following RCW 18.88B.020.

     Intent -- Findings -- Construction -- Severability -- Short title -- 2009 c 2 (Initiative Measure No. 1029): See notes following RCW 18.88B.020.