Laws

The RCW and WAC That Directly Relate to Home Care Aides:

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:

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:

Licensed Agencies and Facilities Who Employ Long-Term Care Workers:

Facilities Regulated by the Department of Social and Health Services (DSHS):

Agencies Regulated Through the Department of Health:

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:

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.