18.88B.050 - Disciplinary action -- Uncertified practice.

Disciplinary action — Uncertified practice.

(1) The uniform disciplinary act, chapter 18.130 RCW, governs uncertified practice, issuance of certificates, and the discipline of persons with certificates under this chapter. The secretary of health shall be the disciplinary authority under this chapter.

     (2) The secretary of health may take action to immediately suspend the certification of a long-term care worker upon finding that conduct of the long-term care worker has caused or presents an imminent threat of harm to a functionally disabled person in his or her care.

     (3) If the secretary of health imposes suspension or conditions for continuation of certification, the suspension or conditions for continuation are effective immediately upon notice and shall continue in effect pending the outcome of any hearing.

     (4) The department of health shall take appropriate enforcement action related to the licensure of a private agency or facility licensed by the state, to provide personal care services, other than an individual provider, who knowingly employs a long-term care worker who is not a certified home care aide as required under this chapter or, if exempted from certification by RCW 18.88B.040, has not completed his or her required training pursuant to this chapter.

     (5) Chapter 34.05 RCW shall govern actions by the department of health under this section.

     (6) The department of health shall adopt rules by August 1, 2010, to implement this section.

[2009 c 580 § 17; 2009 c 2 § 13 (Initiative Measure No. 1029, approved November 4, 2008).]

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

Enforcement actions: RCW 74.39A.085.