The RCW and WAC That Directly Relate to Home Care Aides:
- Revised Code of Washington: Chapter 18.88B RCW
- Washington Administrative Code: Chapter 246-980 WAC
Revised Code of Washington (RCW)
A statute or Revised Code of Washington (RCW) is written by the Washington State Legislature. Once legislation is signed by the governor, it becomes law.
The website for RCWs is a searchable database online. You may also access the state government website. If you're interested in obtaining a copy of any RCW, contact your local public library.
Relevant RCWs:
- Chapter 19.68 RCW - Rebating by Practitioners of Healing Professions
- Chapter 18.130 RCW - Regulation of Health Professions – Uniform Disciplinary Act
- RCW 26.44.030 - Abuse of Children and Adult Dependent Persons
- Chapter 34.05 RCW - Administrative Procedures Act
- Chapter 42.56 RCW - Public Records Act
- Chapter 70.02 RCW - Medical Records-Health Care Information Access and Disclosure
- RCW 70.225.020 - Prescription Monitoring Program
- Chapter 74.34 RCW - Abuse of Vulnerable Adults
- Chapter 71.05 RCW - Mental Illness
Washington Administrative Code (WAC)
A rule or Washington Administrative Code (WAC) is written to provide interpretive support for the individuals or entities to whom the rule applies. Department of Health rules are written and adopted by a board or commission, or the secretary of the Department of Health. Rules or WACs carry the full force of the law.
WACs are available on the state government website.
Relevant WACs:
- WAC 246-12 - Administrative Procedures and Requirements for Credentialed Health Care Providers
- WAC 246-15 - Whistleblower Complaints in Health Care Settings
- WAC 246-16 - Standards of professional conduct
Other Laws and Rules Relating to Long-Term Care Workers, Training, and Home Care Aide Employers:
Long-Term Care Workers:
- Chapter 74.39A RCW Long-term Care Services Options – Expansion
Licensed Agencies and Facilities Who Employ Long-Term Care Workers:
Facilities Regulated by the Department of Social and Health Services (DSHS):
- Adult Family Home Laws Chapter 70.128 RCW
- Adult Family Home Rules Chapter 388.76 RCW
- Assisted Living Facility (formerly boarding home) Laws (Regulated by DSHS) Chapter 18.20 RCW
- Assisted Living Facility (formerly boarding home) Rules Chapter 388.78A WAC
Agencies Regulated Through the Department of Health:
- Home Care Agency Laws Chapter 70.127 RCW
- Home Care Agency Rules Chapter 246.335 WAC
Recent Legislative Updates
2023
Legislative Updates Effective July 23, 2023
Reactivation Information
- If a home care aide certification is expired five years or less, no continuing education is required to reactivate the credential. You will need to print and complete the Home Care Aide Expired Credential Activation application (PDF) in ink and mail it with the reactivation fees to the mailing address within the application instructions.
- If a home care aide certification is expired for more than five years, you are required to either repeat training or retake the exam. You must also print and complete the Home Care Aide Expired Credential Activation application (PDF) in ink and mail it with the reactivation fees to the mailing address within the application instructions.
- Beginning September 1, 2023, through July 1, 2025: If your credential has been expired for more than six months but less than two years, your credential will be automatically renewed with no fee, forms to complete, or continuing education requirements.
New Date of Hire Information
New Date of Hire Rule – A caregiver who is not currently certified may receive a new date of hire when beginning work with either a new employer or returning to a former employer:
- If your home care aide application is currently pending, print and complete the Long-Term Care Employment Verification Form (PDF). If your home care aide application status is closed, print and complete the Home Care Aide Certification Application Packet (PDF) in ink, and submit it with the application fee to the mailing address within the application instructions.
- If you need to apply for a home care aide certification, see our Home Care Aide Certification Information webpage and complete the online or paper application.
- If your home care aide certification is expired, print and complete the Home Care Aide Expired Credential Activation Application (PDF) in ink and submit it with the reactivation fees to the mailing address within the application instructions.
New Exemption and Renewal Information
- Child or parent, including when related by marriage or domestic partnership; and
- Siblings, aunts, uncles, cousins, nieces, nephews, grandparents, or grandchildren, including when related by marriage or domestic partnership.
- Individual providers who provide 20 hours or less of nonrespite care for one person in a calendar month.
- Individual providers who are exempt from certification may voluntarily complete continuing education. Consumer-directed employers must pay exempt individual providers for any continuing education they take, up to 12 hours annually.
Be sure to discuss with your employer before you opt out of renewing your certification. This may be an employment requirement. If you work with the Consumer Direct Care Network Washington (CDWA), and you care for one of the individuals above, you may request to be classified as an exempt family caregiver.