The Department of Social and Health Services (DSHS) is considering rulemaking to align Washington State Administrative Codes (WACs) with the process requirements for fingerprint-based background checks under the National Crime Prevention and Privacy Compact, integrate streamlined background check requirements for home care agency providers, update definitions, and provide clarity on background checks for rehired employees.
This proposal will impact all facility types by amending WAC chapters; 388-76 (Adult Family Homes), 388-78A (Assisted Living Facilities), 388-97 (Nursing Homes), 388-107 (Enhanced Services Facilities) and bring the chapters into alignment with ESHB 1385, ESHB 1395, and SHB 1490, legislative bills that were passed during the 2025 Washington state legislative session.
After some consideration, DSHS has decided to temporarily postpone our meetings with interested parties scheduled for June and July of 2025. We still plan to conduct rule making on this topic as soon as possible but are awaiting further guidance from the Washington State Patrol, which will clarify what areas of legislation need to be addressed by DSHS. Please reference the following Dear Provider Letters for additional information:
- Dear Provider Letter: Interested Parties Meetings on Background Check Requirements Temporarily Postponed
- Dear Provider Letter: CR-101 Filed to Update Background Check Requirements
DSHS is conducting rulemaking which may amend the following WAC chapters and their associated sections:
- Chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements: WAC 388-76-10000, Definitions.; WAC 388-76-10164, Background checks—Results—Duty to inform.; and WAC 388-76-10161, Background checks—Who is required to have.
- Chapter 388-78A WAC, Assisted Living Facility Licensing Rules: WAC 388-78A-2020, Definitions.; WAC 388-78A-2465, Background check—Results—Inform.; and WAC 388-78A-2462 Background checks—Who is required to have.
- Chapter 388-97 WAC, Nursing Homes: WAC 388-97-0001, Definitions.: Background check—Results—Inform; and WAC 388-97-1800, Criminal history disclosure and background inquiries.
- Chapter 388-107 WAC, Licensing Requirements for Enhanced Services Facilities: WAC 388-107-0001, Definitions.: WAC 388-107-1240 Background check—Results—Inform.; and WAC 388-107-1210, Background checks—Who is required to have.
Overview
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CR-101 Filed |
05/15/25 |
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CR-102 Filed |
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CR-103 Filed |
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CR-104 Filed |
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CR-105 Filed |
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Public Comment/Hearing |
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Meeting Information
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Other Resources
- For additional details on the passed legislation, please reference the Washington State Legislature’s bill information:
- Engrossed Substitute House Bill 1385: Concerning fingerprint background check on applicants
- Engrossed Substitute House Bill 1395: Streamlining the home care worker background check process
- Substitute House Bill 1490: Concerning fingerprint-based background checks