Requirements for "Exempt" Status

One question that comes up frequently is: "Who is exempt?"

Here is what the law says:

NEW SECTION. Sec. 105. A new section is added to chapter 18.88B
RCW to read as follows:
The following long-term care workers are not required to become a
certified home care aide pursuant to this chapter.
(1) 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, medicarecertified
home health aides, or other persons who hold a similar
health credential, as determined by the secretary of health, 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 of health determines that the
circumstances do not require certification. Individuals exempted by
this subsection may obtain certification as a home care aide from the
department of health without fulfilling the training requirements in
RCW 74.39A.073 but must successfully complete a certification
examination pursuant to RCW 18.88B.030.
(2) A person already employed as a long-term care worker prior to
January 1, 2011, who completes all of his or her training requirements
in effect as of the date he or she was hired, is not required to
obtain certification. Individuals exempted by this subsection may
obtain certification as a home care aide from the department of health
without fulfilling the training requirements in RCW 74.39A.073 but
must successfully complete a certification examination pursuant to RCW
18.88B.030.
(3) NEW SECTION. Sec. 105. A new section is added to chapter 18.88B
RCW to read as follows:
The following long-term care workers are not required to become a
certified home care aide pursuant to this chapter.
(1) 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, medicarecertified
home health aides, or other persons who hold a similar
health credential, as determined by the secretary of health, 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 of health determines that the
circumstances do not require certification. Individuals exempted by
this subsection may obtain certification as a home care aide from the
department of health without fulfilling the training requirements in
RCW 74.39A.073 but must successfully complete a certification
examination pursuant to RCW 18.88B.030.
(2) A person already employed as a long-term care worker prior to
January 1, 2011, who completes all of his or her training requirements
in effect as of the date he or she was hired, is not required to
obtain certification. Individuals exempted by this subsection may
obtain certification as a home care aide from the department of health
without fulfilling the training requirements in RCW 74.39A.073 but
must successfully complete a certification examination pursuant to RCW
18.88B.030.
(3) All long-term care workers employed by supported living
providers are not required to obtain certification under this chapter.
(4) An individual provider caring only for his or her biological,
step, or adoptive child or parent is not required to obtain
certification under this chapter.
(5) Prior to June 30, 2014, a person hired as an individual
provider who provides twenty hours or less of care for one person in
any calendar month is not required to obtain certification under this
chapter.
(6) A long-term care worker exempted by this section from the
training requirements contained in RCW 74.39A.073 may not be
prohibited from enrolling in training pursuant to that section.r.
(6) A long-term care worker exempted by this section from the
training requirements contained in RCW 74.39A.073 may not be
prohibited from enrolling in training pursuant to that section.

The "training requirements" in effect in 2011 means either Revised Fundamentals of Care or Modified Fundmentals of Care (For RN, LPN and NAC).
Robin


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