HB 1568 — Concerning the credentialing of certified health care professionals providing long-term care services.
Last action — House Rules "X" file.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
376 added · 248 removedPlain-language change summary
The updated version of HB 1568 removes a provision that allowed individuals to skip continuing education requirements when restoring their certificates. This change means that the Department of Health will require individuals to meet any necessary educational criteria as part of the process to return to active status. This matters because it ensures that certified individuals remain up-to-date with their skills and knowledge, which is important for maintaining public health and safety standards. Additionally, the bill continues to allow certificate holders a penalty-free way to restore their certification, encouraging more people to become re-certified.
ENGROSSEDH-0598.1 SUBSTITUTE HOUSE BILL 1568 State of Washington 68th Legislature 2023 Regular Session By House Postsecondary Education & Workforce (originally sponsored by Representatives Chambers, Tharinger, Schmick, Leavitt, Harris, Klicker, Schmidt, Caldier, Bateman, Christian, Doglio, Lekanoff, Pollet, and Macri)Macri READRead FIRSTfirst TIMEtime 02/17/23.01/25/23.
Referred to Committee on Postsecondary Education & Workforce.
amending RCW 18.88B.021, 18.88B.031, 18.88B.041, 18.88A.130, 18.88B.035, 74.39A.074, and 18.88B.035;74.39A.056;
(1) Beginning September 1, 2023, a person whose nursing assistant certificate has been expired for more than six months and less than two years who seeks to restore the certificate to active status is exempt from the payment of any late renewal fee or current renewal fee,fee and is exempt from any continuing education requirement imposed as a precondition for returning to active status, if the person complies with all other certification requirements determined necessary by the department of health to return to active status.
(2) The department of health shall send a notification to the last known address of each person who held a certificate under chapterthis 18.88Achapter RCW and, since January 1, 2020, failed to renew the certificate to inform the person that a certificate may be restored without a financial penalty or payment of a renewal fee under subsection (1) of this section.
For persons who have allowed their certificates to expire since January 1, 2023, the department of health must allow six months to pass since the expiration prior to contacting them to p.
1 ESHBHB 1568 certificates to expire since January 1, 2023, the department of health must allow six months to pass since the expiration prior to contacting them to inform them that a certificate may be restored without a financial penalty or payment of a renewal fee under subsection (1) of this section.
(1) Beginning September 1, 2023, a person whose home care aide certificate has been expired for more than six months and less than two years who seeks to restore the certificate to active status is exempt from the payment of any late renewal fee or current renewal fee,fee and is exempt from any continuing education requirement imposed as a precondition for returning to active status, if the person complies with all other certification requirements determined necessary by the department of health to return to active status.
(2) The department of health shall send a notification to the last known address of each person who held a certificate under chapterthis 18.88Bchapter RCW and, since January 1, 2020, failed to renew the certificate to inform the person that a certificate may be restored without a financial penalty or payment of a renewal fee under subsection (1) of this section.
(c) Provides a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or p.restrict the person holding the expired certificate from practicing as a home care aide;
2(d) ESHBProvides 1568a restrictwritten declaration that the person holding the expired certificate fromhas practicingnot asvoluntarily agiven homeup careany aide;credential or p.
(d)2 ProvidesHB a1568 written declaration that the person holding the expired certificate has not voluntarily given up any credential or privilege or has not been restricted from practicing as a home care aide in lieu of or to avoid formal action;
(b) Notwithstanding (a) of this subsection, if the long-term care worker is not certified as a home care aide within 200 days after the date of hire, the long-term care worker may continue to work for an additional 100200 days if the long-term care worker has proof of completion of the 75five hours of initial training required under RCW 74.39A.074(1).74.39A.074(1)(d)(i) and proof of having begun the 70 hours of long- term care basic training required under RCW 74.39A.074(1)(d)(ii).
The long-term care worker must be certified as a home care aide by the expiration of the additional 100200 days.
This subsection (1)(b) does not apply to a long-term care worker hired on or after July 1, 2026.
p.(b) This section does not prohibit a person:
3 ESHB 1568 (b) This section does not prohibit a person:
(c)p. In consultation with consumer and worker representatives, the department shall, by January 1, 2013, establish by rule a single scope of practice that encompasses both long-term care workers who are certified home care aides and long-term care workers who are exempted from certification under RCW 18.88B.041.
3 HB 1568 (c) In consultation with consumer and worker representatives, the department shall, by January 1, 2013, establish by rule a single scope of practice that encompasses both long-term care workers who are certified home care aides and long-term care workers who are exempted from certification under RCW 18.88B.041.
(2) The department, in consultation with consumer and worker representatives, shall develop a home care aide certification p.examination to evaluate whether an applicant possesses the ((skills and)) knowledge necessary to practice competently.
4 ESHB 1568 examination to evaluate whether an applicant possesses the skills and knowledge necessary to practice competently.
(3)p. The examination shall include both a skills demonstration and a written or oral knowledge test.
The4 examinationHB papers,1568 all(3) gradingThe ofexamination theshall papers,include and((both recordsa related to the grading of skills demonstration shalland)) be preserved for a periodwritten ofor notoral lessknowledge thantest. one year.
The examination papers((,)) and 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.
(4)(a)(4) All examinations shall be conducted by fair and wholly impartial methods.
The certification examination shall be administered and evaluated by the department or by a contractor to the department that is neither an employer of longlong-term -term care workers or a private contractor providing training services under this chapter.
(b)(5) The individualdepartment administeringshall theadopt examinationrules may be a registered nurse, licensed practical nurse, nursing assistant, community instructor, or any other individual deemed qualified to administerimplement thethis examinationsection. by the department.
(5) The department or contractor to the department administering the examination must offer the examination on different times and days of the week in order to accommodate the variable work schedules of long-term care workers seeking to complete the examination.
The department or contractor shall offer a qualified long-term worker seeking to complete the examination at least three options for test dates and times, which must all be at different times and on different days of the week.
(6) The department shall adopt rules to implement this section.
(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- p.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.
5 ESHB 1568 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.
(d)p. A person working as an individual provider who provides twenty hours or less of care for one person in any calendar month.
5 HB 1568 (d) A person working as an individual provider who provides twenty hours or less of care for one person in any calendar month.
(3)(a)(3) ExceptFor aslong-term provided in (b) of this subsection, for long- term care workers under subsection (1) of this section who are in an approved training program for certified nursing assistants under chapter 18.88A RCW, the exemption from becoming certified as a home care aide under subsection (1) of this section no longer applies if the long-term care worker hasmust notbe been certified as a nursing assistant within 200400 calendar days after the date of hire, as defined by the department.
(b) If a long-term care worker has completed all requirements for certification as a nursing assistant under chapter 18.88A RCW except for the competency evaluation, the exemption from becoming certified p.
6 ESHB 1568 as a home care aide continues to apply for an additional 100 calendar days.
This subsection (3)(b) does not apply to a long-term care worker hired on or after July 1, 2026.
(1) The department may issue a provisional certification to a long-term care worker who is limited English proficient to allow the person additional time to comply with the requirement that a long-term care worker become certified as a home care aide within ((two hundred)) the400 number of calendar days after the date of hire as ((provided))provided required in RCW 18.88B.021, if the long-term care worker:
The provisional certification may only be issued oncep. and is valid for no more than ((sixty)) 60 days after the expiration of the ((two hundred)) calendar day requirement for becoming certified.
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6 HB 1568 once and is valid for no more than ((sixty)) 60 days after the expiration of the ((two hundred)) 400 calendar day requirement for becoming certified.
Sec.
9.
RCW 74.39A.074 and 2021 c 203 s 7 are each amended to read as follows:
(1)(a) Except for long-term care workers exempt from certification under RCW 18.88B.041(1)(a), all persons hired as long-term care workers must meet the minimum training requirements in this section within ((one hundred twenty)) 400 calendar days after the date of being hired.
(b) Except as provided in RCW 74.39A.076, the minimum training requirement is ((seventy-five)) 75 hours of entry-level training approved by the department.
A long-term care worker must successfully complete five of these ((seventy-five)) 75 hours before being eligible to provide care.
(c) Training required by (d) of this subsection applies toward the training required under RCW 18.20.270 or 70.128.230 or any statutory or regulatory training requirements for long-term care workers employed by community residential service businesses.
(d) The ((seventy-five)) 75 hours of entry-level training required shall be as follows:
(i) Before a long-term care worker is eligible to provide care, he or she must complete:
(A) Two hours of orientation training regarding his or her role as caregiver and the applicable terms of employment;
and (B) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control;
and (ii) ((Seventy)) 70 hours of long-term care basic training, including training related to:
(A) Core competencies;
and (B) Population specific competencies, including identification of individuals with potential hearing loss and how to seek assistance if hearing loss is suspected.
p.
7 HB 1568 (2) 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 on the competencies and training topics in this section.
(3) Individual providers under RCW 74.39A.270 shall be compensated for training time required by this section.
(4) 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 (4) 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 subsection (1)(a) of this section have had adequate access to complete the required training, whichever is later.
Once the department determines a rule adopted under this subsection (4) 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)(a) of this section and provide the legislature with a report.
(5) The department shall adopt rules to implement this section.
Sec.
10.
RCW 74.39A.056 and 2021 c 203 s 3 are each amended to read as follows:
(1)(a) All long-term care workers shall be screened through state and federal background checks in a uniform and timely manner to verify that they do not have a history that would disqualify them from working with vulnerable persons.
The department must process background checks for long-term care workers and make the information available to employers, prospective employers, and others as authorized by law.
Any time that a long-term care worker leaves the employment of an employer and is rehired by the same employer more than three months later after the termination of the employment, the department must conduct a new background check on the returning long- p.
8 HB 1568 term care worker and make the information available to the employer, prospective employer, and others as authorized by law.
(b)(i) For long-term care workers hired on or after January 7, 2012, the background checks required under this section shall include checking against the federal bureau of investigation fingerprint identification records system or its successor program.
The department shall require these long-term care workers to submit fingerprints for the purpose of investigating conviction records through both the Washington state patrol and the federal bureau of investigation.
The department shall not pass on the cost of these criminal background checks to the workers or their employers.
(ii) A long-term care worker who is not disqualified by the state background check can work and have unsupervised access pending the results of the federal bureau of investigation fingerprint background check as allowed by rules adopted by the department.
(c) The department shall share state and federal background check results with the department of health in accordance with RCW 18.88B.080.
(d) Background check screening required under this section and department rules is not required for an employee of a consumer directed employer if all of the following circumstances apply:
(i) The individual has an individual provider contract with the department;
(ii) The last background check on the contracted individual provider is still valid under department rules and did not disqualify the individual from providing personal care services;
(iii) Employment by the consumer directed employer is the only reason a new background check would be required;
and (iv) The department's background check results have been shared with the consumer directed employer.
(e) The department may require a fingerprint-based background check through both the Washington state patrol and the federal bureau of investigation at any time.
(2) A provider may not be employed in the care of and have unsupervised access to vulnerable adults if:
(a) The provider is on the vulnerable adult abuse registry or on any other registry based upon a finding of abuse, abandonment, neglect, or financial exploitation of a vulnerable adult;
(b) On or after October 1, 1998, the department of children, youth, and families, or its predecessor agency, has made a founded p.
9 HB 1568 finding of abuse or neglect of a child against the provider.
If the provider has received a certificate of parental improvement under chapter 74.13 RCW pertaining to the finding, the provider is not disqualified under this section;
(c) A disciplining authority, including the department of health, has made a finding of abuse, abandonment, neglect, or financial exploitation of a minor or a vulnerable adult against the provider;
or (d) A court has issued an order that includes a finding of fact or conclusion of law that the provider has committed abuse, abandonment, neglect, or financial exploitation of a minor or vulnerable adult.
If the provider has received a certificate of parental improvement under chapter 74.13 RCW pertaining to the finding of fact or conclusion of law, the provider is not disqualified under this section.
(3) The department shall establish, by rule, a state registry which contains identifying information about long-term care workers identified under this chapter who have final substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020.
The rule must include disclosure, disposition of findings, notification, findings of fact, appeal rights, and fair hearing requirements.
The department shall disclose, upon request, final substantiated findings of abuse, neglect, financial exploitation, or abandonment to any person so requesting this information.
This information must also be shared with the department of health to advance the purposes of chapter 18.88B RCW.
(4) For the purposes of this section, "provider" means:
(a) An individual provider as defined in RCW 74.39A.240;
(b) An employee, licensee, or contractor of any of the following:
A home care agency licensed under chapter 70.127 RCW;
a nursing home under chapter 18.51 RCW;
an assisted living facility under chapter 18.20 RCW;
an enhanced services facility under chapter 70.97 RCW;
a certified resident services and supports agency licensed or certified under chapter 71A.12 RCW;
an adult family home under chapter 70.128 RCW;
or any long-term care facility certified to provide medicaid or medicare services;
and (c) Any contractor of the department who may have unsupervised access to vulnerable adults.
p.
10 HB 1568 (5) The department shall adopt rules to implement this section.
711 ESHBHB 1568
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View plain text versions (3)
- Bill View text Current pdf
- Substitute Engrossed Substitute Bill pdf
- Substitute Substitute Bill pdf
Action History
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House Rules "X" file.
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By resolution, reintroduced and retained in present status.
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By resolution, returned to House Rules Committee for third reading.
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Public hearing in the Senate Committee on Health & Long Term Care at 10:30 AM.
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First reading, referred to Health & Long Term Care.
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Third reading, passed; yeas, 95; nays, 0; absent, 0; excused, 3.
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Rules suspended. Placed on Third Reading.
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Floor amendment(s) adopted.
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1st substitute bill substituted (PEW 23).
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Placed on second reading by Rules Committee.
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Referred to Rules 2 Review.
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PEW - Majority; 1st substitute bill be substituted, do pass.
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Executive action taken in the House Committee on Postsecondary Education & Workforce at 1:30 PM.
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Public hearing in the House Committee on Postsecondary Education & Workforce at 1:30 PM.
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First reading, referred to Postsecondary Education & Workforce.
Sponsors
- Nicole Macri · Cosponsor
- Gerry Pollet · Cosponsor
- Debra Lekanoff · Cosponsor
- Beth Doglio · Cosponsor
- Leonard Christian · Cosponsor
- Jessica Bateman · Cosponsor
- Michelle Valdez · Cosponsor
- Suzanne Schmidt · Cosponsor
- Mark Klicker · Cosponsor
- Paul Harris · Cosponsor
- Mari Leavitt · Cosponsor
- Joe Schmick · Cosponsor
- Steve Tharinger · Cosponsor
- Chambers · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 13 co-sponsors · 137 not signed on
Sponsors (1)
- Chambers
Co-sponsors (13)
- Nicole Macri Democrat
- Gerry Pollet Democrat
- Debra Lekanoff Democrat
- Beth Doglio Democrat
- Leonard Christian Republican
- Jessica Bateman Democrat
- Michelle Valdez Republican
- Suzanne Schmidt Republican
- Mark Klicker Republican
- Paul Harris Republican
- Mari Leavitt Democrat
- Joe Schmick Republican
- Steve Tharinger Democrat
Not signed on (137)
137 members have not signed on to this bill.
Show all 137 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 28 | 0 | 0 | 2 |
| Democrat | 56 | 0 | 0 | 1 |
| Unaffiliated | 11 | 0 | 0 | 0 |
| Total | 95 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (98)
| Member | Party | Vote |
|---|---|---|
| Chambers | — | Yea |
| Chandler | — | Yea |
| Cheney | — | Yea |
| Chopp | — | Yea |
| Hutchins | — | Yea |
| Kretz | — | Yea |
| Maycumber | — | Yea |
| Mosbrucker | — | Yea |
| Robertson | — | Yea |
| Sandlin | — | Yea |
| Wilcox | — | Yea |
| Alex Ramel | Democrat | Yea |
| Alicia Rule | Democrat | Yea |
| Amy Walen | Democrat | Yea |
| April Berg | Democrat | Yea |
| Beth Doglio | Democrat | Yea |
| Bill Ramos | Democrat | Yea |
| Brandy Donaghy | Democrat | Yea |
| Chipalo Street | Democrat | Yea |
| Chris Stearns | Democrat | Yea |
| Cindy Ryu | Democrat | Yea |
| Clyde Shavers | Democrat | Yea |
| Dan Bronoske | Democrat | Yea |
| Darya Farivar | Democrat | Yea |
| Dave Paul | Democrat | Yea |
| David Hackney | Democrat | Yea |
| Davina Duerr | Democrat | Yea |
| Debra Entenman | Democrat | Yea |
| Debra Lekanoff | Democrat | Yea |
| Drew Hansen | Democrat | Not Voting |
| Emily Alvarado | Democrat | Yea |
| Gerry Pollet | Democrat | Yea |
| Jake Fey | Democrat | Yea |
| Jamila Taylor | Democrat | Yea |
| Jessica Bateman | Democrat | Yea |
| Joe Fitzgibbon | Democrat | Yea |
| Joe Timmons | Democrat | Yea |
| Julia Reed | Democrat | Yea |
| Julio Cortes | Democrat | Yea |
| Kristine Reeves | Democrat | Yea |
| Larry Springer | Democrat | Yea |
| Lauren Davis | Democrat | Yea |
| Laurie Jinkins | Democrat | Yea |
| Lillian Ortiz-Self | Democrat | Yea |
| Lisa Callan | Democrat | Yea |
| Liz Berry | Democrat | Yea |
| Marcus Riccelli | Democrat | Yea |
| Mari Leavitt | Democrat | Yea |
| Mary Fosse | Democrat | Yea |
| Melanie Morgan | Democrat | Yea |
| Mia Gregerson | Democrat | Yea |
| Mike Chapman | Democrat | Yea |
| Monica Jurado Stonier | Democrat | Yea |
| My-Linh Thai | Democrat | Yea |
| Nicole Macri | Democrat | Yea |
| Roger Goodman | Democrat | Yea |
| Sharlett Mena | Democrat | Yea |
| Sharon Tomiko Santos | Democrat | Yea |
| Sharon Wylie | Democrat | Yea |
| Shelley Kloba | Democrat | Yea |
| Steve Bergquist | Democrat | Yea |
| Steve Tharinger | Democrat | Yea |
| Strom Peterson | Democrat | Yea |
| Tana Senn | Democrat | Yea |
| Tarra Simmons | Democrat | Yea |
| Timm Ormsby | Democrat | Yea |
| Tina Orwall | Democrat | Yea |
| Vandana Slatter | Democrat | Yea |
| Alex Ybarra | Republican | Yea |
| Andrew Barkis | Republican | Yea |
| April Connors | Republican | Yea |
| Carolyn Eslick | Republican | Yea |
| Chris Corry | Republican | Yea |
| Cyndy Jacobsen | Republican | Yea |
| Dan Griffey | Republican | Yea |
| Drew Stokesbary | Republican | Yea |
| Ed Orcutt | Republican | Yea |
| Jenny Graham | Republican | Yea |
| Jim Walsh | Republican | Yea |
| Joe Schmick | Republican | Yea |
| Joel McEntire | Republican | Yea |
| Keith Goehner | Republican | Yea |
| Kevin Waters | Republican | Yea |
| Leonard Christian | Republican | Yea |
| Mark Klicker | Republican | Yea |
| Mary Dye | Republican | Yea |
| Michelle Valdez | Republican | Yea |
| Mike Steele | Republican | Yea |
| Mike Volz | Republican | Not Voting |
| Paul Harris | Republican | Yea |
| Peter Abbarno | Republican | Yea |
| Sam Low | Republican | Yea |
| Skyler Rude | Republican | Yea |
| Stephanie Barnard | Republican | Yea |
| Stephanie McClintock | Republican | Not Voting |
| Suzanne Schmidt | Republican | Yea |
| Tom Dent | Republican | Yea |
| Travis Couture | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 1568?
- HB 1568 is sponsored by Nicole Macri (Democrat), Gerry Pollet (Democrat), Debra Lekanoff (Democrat), Beth Doglio (Democrat), Leonard Christian (Republican), Jessica Bateman (Democrat), Michelle Valdez (Republican), Suzanne Schmidt (Republican), Mark Klicker (Republican), Paul Harris (Republican), Mari Leavitt (Democrat), Joe Schmick (Republican), Steve Tharinger (Democrat), and Chambers.
- What is the current status of HB 1568?
- This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 1568?
- Track HB 1568 free on One Click Politics — get push/email alerts when it moves.
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