title: RCW 18.86.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency relationship" means the agency relationship created under this chapter between a real estate firm and a principal.
(2) "Agent" means a broker who has an agency relationship with a principal, including the firm's designated broker and any managing broker responsible for the supervision of that broker.
(3) "Broker" means broker, managing broker, and designated broker, collectively, as defined in chapter 18.85 RCW, unless the context requires the terms to be considered separately.
(4) "Brokerage services agreement" or "services agreement" means a written agreement between a real estate firm and principal that appoints a broker to represent the principal as an agent and sets forth the terms required by RCW 18.86.020 and 18.86.080.
(5) "Business opportunity" means and includes a business, business opportunity, and goodwill of an existing business, or any one or combination thereof when the transaction or business includes an interest in real property.
(6) "Buyer" means an actual or prospective purchaser in a real estate transaction, or an actual or prospective tenant in a real estate rental or lease transaction, as applicable.
(7) "Buyer's agent" means a broker who has an agency relationship with only the buyer in a real estate transaction.
(8) "Commercial real estate" has the same meaning as in RCW 60.42.005.
(9) "Confidential information" means information from or concerning a principal that:
(a) Was acquired by the broker during the course of an agency relationship with the principal;
(b) The principal reasonably expects to be kept confidential;
(c) The principal has not disclosed or authorized to be disclosed to third parties;
(d) Would, if disclosed, operate to the detriment of the principal; and
(e) The principal personally would not be obligated to disclose to the other party.
(10) "Limited dual agent" means a broker who has an agency relationship with both the buyer and seller in the same transaction.
(11) "Material fact" means information that substantially adversely affects the value of the property or a party's ability to perform its obligations in a real estate transaction, or operates to materially impair or defeat the purpose of the transaction. The fact or suspicion that the property, or any neighboring property, is or was the site of a murder, suicide or other death, rape or other sex crime, assault or other violent crime, robbery or burglary, illegal drug activity, gang-related activity, political or religious activity, or other act, occurrence, or use not adversely affecting the physical condition of or title to the property is not a material fact.
(12) "Principal" means a buyer or a seller who has an agency relationship with a broker.
(13) "Real estate brokerage services" means the rendering of services for which a real estate license is required under chapter 18.85 RCW.
(14) "Real estate firm" or "firm" have the same meaning as defined in chapter 18.85 RCW.
(15) "Real estate transaction" or "transaction" means an actual or prospective transaction involving a purchase, sale, option, or exchange of any interest in real property or a business opportunity, or a lease or rental of real property. For purposes of this chapter, a prospective transaction does not exist until a written offer has been signed by at least one party.
(16) "Seller" means an actual or prospective seller in a real estate transaction, or an actual or prospective landlord in a real estate rental or lease transaction, as applicable.
(17) "Seller's agent" means a broker who has an agency relationship with only the seller in a real estate transaction.
[ 2023 c 318 s 1; 2013 c 58 s 1; 1996 c 179 s 1.]
Notes:
Effective date—2023 c 318: "This act takes effect January 1, 2024." [ 2023 c 318 s 12.]

catchline: Definitions.


doc_type: statute

jurisdiction: wa

title: RCW 18.86.020

text:
(1) A broker who performs real estate brokerage services for a buyer is a buyer's agent unless the:
(a) Broker's firm has appointed the broker to represent the seller pursuant to a services agreement between the firm and the seller, in which case the broker is a seller's agent;
(b) Broker's firm has appointed the broker to represent the seller pursuant to a services agreement between the firm and the seller, and the broker's firm has also appointed the broker to represent the buyer pursuant to a services agreement between the firm and the buyer, in which case the appointed broker is a limited dual agent; or
(c) Broker is the seller or one of the sellers.
(2)(a) A firm must enter into a services agreement with the principal before, or as soon as reasonably practical after, its appointed broker commences rendering real estate brokerage services to, or on behalf of, the principal.
(b) The services agreement must include the following:
(i) The term of the agreement, and if the principal is a buyer, a default term of 60 days with the option of a longer term;
(ii) The broker appointed as an agent for the principal;
(iii) Whether the agency relationship is exclusive or nonexclusive, and if the principal is a buyer, checkbox options for the buyer to select either an exclusive or nonexclusive relationship;
(iv) Whether the principal consents to the broker appointed as an agent for the principal to act as a limited dual agent, which consent must be separately initialed by the principal and include an acknowledgment from the principal that a limited dual agent may not advocate terms favorable to one principal to the detriment of the other principal and is further limited as set forth in RCW 18.86.060; and
(v) Whether the principal consents to the firm's designated broker and any managing broker responsible for the supervision of the broker appointed as an agent for the principal to act as a limited dual agent in a transaction in which different brokers affiliated with the same firm represent different parties.
(3) A services agreement is not required when a broker performs real estate brokerage services as a buyer's agent solely for commercial real estate.
(4) A broker may work with a party in separate transactions pursuant to different relationships including, but not limited to, representing a party in one transaction and at the same time not representing that party in a different transaction involving that party, if the broker complies with this chapter in establishing the relationships for each transaction.
[ 2023 c 318 s 2; 2013 c 58 s 2; 1997 c 217 s 1; 1996 c 179 s 2.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.
Effective date—1997 c 217 ss 1-6 and 8: "Sections 1 through 6 and 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 25, 1997]." [ 1997 c 217 s 9.]
Real estate agency pamphlet—1997 c 217 ss 1-6: See note following RCW 18.86.120.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Agency relationship—Services agreement.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.86.030

text:
(1) A broker owes the following duties to their principal and to all parties in a transaction, which may not be waived:
(a) To exercise reasonable skill and care;
(b) To deal honestly and in good faith;
(c) To present all written offers, written notices and other written communications to and from either party in a timely manner, regardless of whether the property is subject to an existing contract for sale or the buyer is already a party to an existing contract to purchase;
(d) To disclose all existing material facts known by the broker and not apparent or readily ascertainable to a party; provided that this subsection shall not be construed to imply any duty to investigate matters that the broker has not agreed to investigate;
(e) To account in a timely manner for all money and property received from or on behalf of either party;
(f) To provide a pamphlet in the form prescribed by RCW 18.86.120 and obtain an acknowledgment of receipt by the party. The pamphlet shall be provided to:
(i) Any party to whom the broker renders real estate brokerage services as soon as reasonably practical but before the party signs a services agreement; and
(ii) Any party not represented by a broker in a transaction before the party signs an offer or as soon as reasonably practical; and
(g) To disclose in writing before the broker's principal signs an offer, or as soon as reasonably practical, but before the parties reach mutual agreement:
(i) Whether the broker represents the buyer as the buyer's agent, the seller as the seller's agent, or both parties as a limited dual agent. The disclosure shall be set forth in a separate paragraph titled "Agency Disclosure" in the agreement between the buyer and seller or in a separate writing titled "Agency Disclosure"; and
(ii) Any terms of compensation offered by a party or a real estate firm to a real estate firm representing another party.
(2) Unless otherwise agreed, a broker owes no duty to conduct an independent inspection of the property or to conduct an independent investigation of either party's financial condition, and owes no duty to independently verify the accuracy or completeness of any statement made by either party or by any source reasonably believed by the broker to be reliable.
[ 2023 c 318 s 3; 2013 c 58 s 3; 1996 c 179 s 3.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.

catchline: Duties of broker.


title: RCW 18.86.031

text:
A violation of either RCW 18.86.030 or 18.86.130 is a violation of RCW 18.85.361.
[ 2026 c 57 s 2; 2013 c 58 s 4; 1996 c 179 s 14.]

catchline: Violation of licensing law.


title: RCW 18.86.040

text:
(1) Unless additional duties are agreed to in writing signed by a seller's agent, the duties of a seller's agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection:
(a) To be loyal to the seller by taking no action that is adverse or detrimental to the seller's interest in a transaction;
(b) To timely disclose to the seller any conflicts of interest;
(c) To advise the seller to seek expert advice on matters relating to the transaction that are beyond the agent's expertise;
(d) To not disclose any confidential information from or about the seller, except under subpoena or court order, even after termination of the agency relationship; and
(e) Unless otherwise agreed to in writing after the seller's agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a buyer for the property; except that a seller's agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale.
(2)(a) The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a seller's agent does not in and of itself breach the duty of loyalty to the seller or create a conflict of interest.
(b) The representation of more than one seller by different brokers affiliated with the same firm in competing transactions involving the same buyer does not in and of itself breach the duty of loyalty to the sellers or create a conflict of interest.
[ 2023 c 318 s 4; 2013 c 58 s 5; 1997 c 217 s 2; 1996 c 179 s 4.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.
Real estate agency pamphlet—1997 c 217 ss 1-6: See note following RCW 18.86.120.
Effective date—1997 c 217 ss 1-6 and 8: See note following RCW 18.86.020.

catchline: Seller's agent—Duties.


title: RCW 18.86.050

text:
(1) Unless additional duties are agreed to in writing signed by a buyer's agent, the duties of a buyer's agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection:
(a) To be loyal to the buyer by taking no action that is adverse or detrimental to the buyer's interest in a transaction;
(b) To timely disclose to the buyer any conflicts of interest;
(c) To advise the buyer to seek expert advice on matters relating to the transaction that are beyond the agent's expertise;
(d) To not disclose any confidential information from or about the buyer, except under subpoena or court order, even after termination of the agency relationship; and
(e) Unless otherwise agreed to in writing after the buyer's agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; except that a buyer's agent is not obligated to seek additional properties to purchase while the buyer is a party to an existing contract to purchase.
(2)(a) The showing of property in which a buyer is interested to other prospective buyers by a buyer's agent does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest.
(b) The representation of more than one buyer by different brokers affiliated with the same firm in competing transactions involving the same property does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest.
[ 2023 c 318 s 5; 2013 c 58 s 6; 1997 c 217 s 3; 1996 c 179 s 5.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.
Real estate agency pamphlet—1997 c 217 ss 1-6: See note following RCW 18.86.120.
Effective date—1997 c 217 ss 1-6 and 8: See note following RCW 18.86.020.

catchline: Buyer's agent—Duties.


title: RCW 18.86.060

text:
(1) A broker may act as a limited dual agent only with the written consent of both parties to the transaction, set forth in the services agreement.
(2) Unless additional duties are agreed to in writing signed by a limited dual agent, the duties of a limited dual agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) and (f) of this subsection:
(a) To take no action that is adverse or detrimental to either party's interest in a transaction;
(b) To timely disclose to both parties any conflicts of interest;
(c) To advise both parties to seek expert advice on matters relating to the transaction that are beyond the limited dual agent's expertise;
(d) To not disclose any confidential information from or about either party, except under subpoena or court order, even after termination of the agency relationship;
(e) Unless otherwise agreed to in writing after the limited dual agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a buyer for the property; except that a limited dual agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale; and
(f) Unless otherwise agreed to in writing after the limited dual agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; except that a limited dual agent is not obligated to seek additional properties to purchase while the buyer is a party to an existing contract to purchase.
(3)(a) The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a limited dual agent does not in and of itself constitute action that is adverse or detrimental to the seller or create a conflict of interest.
(b) The representation of more than one seller by different brokers licensed to the same firm in competing transactions involving the same buyer does not in and of itself constitute action that is adverse or detrimental to the sellers or create a conflict of interest.
(4)(a) The showing of property in which a buyer is interested to other prospective buyers or the presentation of additional offers to purchase property while the property is subject to a transaction by a limited dual agent does not in and of itself constitute action that is adverse or detrimental to the buyer or create a conflict of interest.
(b) The representation of more than one buyer by different brokers licensed to the same firm in competing transactions involving the same property does not in and of itself constitute action that is adverse or detrimental to the buyers or create a conflict of interest.
(5) In a transaction in which different brokers affiliated with the same firm represent different parties, the firm's designated broker, and any managing broker responsible for the supervision of both brokers, is a limited dual agent. In such case, each appointed broker shall solely represent the party with whom the appointed broker has an agency relationship.
[ 2023 c 318 s 6; 2013 c 58 s 7; 1997 c 217 s 4; 1996 c 179 s 6.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.
Real estate agency pamphlet—1997 c 217 ss 1-6: See note following RCW 18.86.120.
Effective date—1997 c 217 ss 1-6 and 8: See note following RCW 18.86.020.

catchline: Limited dual agent—Duties—Showing of property.


title: RCW 18.86.070

text:
(1) The agency relationships established pursuant to this chapter continue until the earliest of the following:
(a) Completion of performance by the broker;
(b) Expiration of the term agreed upon by the parties;
(c) Termination of the relationship by mutual agreement of the parties; or
(d) Termination of the relationship by notice from either party to the other. However, such a termination does not otherwise affect the contractual rights of either party.
(2) Except as otherwise agreed to in writing, a broker owes no further duty after termination of the agency relationship, other than the duty:
(a) To account for all moneys and property received during the relationship; and
(b) To not disclose confidential information.
[ 2023 c 318 s 7; 2013 c 58 s 8; 1997 c 217 s 5; 1996 c 179 s 7.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.
Real estate agency pamphlet—1997 c 217 ss 1-6: See note following RCW 18.86.120.
Effective date—1997 c 217 ss 1-6 and 8: See note following RCW 18.86.020.

catchline: Duration of agency relationship.


title: RCW 18.86.080

text:
(1) In any real estate transaction, a firm's compensation may be paid by the seller, the buyer, a third party, or by sharing the compensation between firms.
(2) An agreement to pay or payment of compensation does not establish an agency relationship between the party who paid the compensation and the broker.
(3) A seller may agree that a seller's agent's firm may share with another firm the compensation paid by the seller.
(4) A buyer may agree that a buyer's agent's firm may share with another firm the compensation paid by the buyer.
(5) A firm may be compensated by more than one party for real estate brokerage services in a real estate transaction.
(6) A firm may receive compensation based on the purchase price without breaching any duty to the buyer or seller.
(7) To receive compensation for rendering real estate brokerage services from any party or firm, a real estate firm must have a services agreement containing the following:
(a) The terms of compensation, including:
(i) The amount the principal agrees to compensate the firm;
(ii) The principal's consent, if any, and any terms of such consent, to compensation sharing between firms and parties; and
(iii) The principal's consent, if any, and any terms of such consent, to compensation of the firm by more than one party;
(b) In a services agreement with a buyer, whether the appointed broker agrees to show the buyer properties if there is no agreement or offer by any party or firm to pay compensation to the firm; and
(c) Any other agreements between the parties.
(8) In lieu of obtaining a services agreement, a broker rendering real estate brokerage services to a buyer solely for commercial real estate may disclose in writing to the buyer, before the buyer signs an offer with regard to such commercial real estate, the sources and amounts of any compensation the broker has or expects to receive from any party in conjunction with such transaction. The disclosure shall be set forth in a separate paragraph titled "Compensation Disclosure" in the agreement between the buyer and seller or in a separate writing titled "Compensation Disclosure."
(9) A firm may receive compensation without a services agreement for the provision of a broker's price opinion, as defined in RCW 18.85.011, or a referral by one firm to another firm if the referring firm provided no real estate brokerage services in the transaction.
[ 2023 c 318 s 8; 2013 c 58 s 9; 1997 c 217 s 6; 1996 c 179 s 8.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.
Real estate agency pamphlet—1997 c 217 ss 1-6: See note following RCW 18.86.120.
Effective date—1997 c 217 ss 1-6 and 8: See note following RCW 18.86.020.

catchline: Compensation.


title: RCW 18.86.090

text:
A principal is not liable for an act, error, or omission by an agent of the principal arising out of an agency relationship:
(1) Unless the principal participated in or authorized the act, error, or omission; or
(2) Except to the extent that: (a) The principal benefited from the act, error, or omission; and (b) the court determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent.
[ 2023 c 318 s 9; 2013 c 58 s 10; 1996 c 179 s 9.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.

catchline: Vicarious liability.


title: RCW 18.86.100

text:
Unless otherwise agreed to in writing, a principal does not have knowledge or notice of any facts known by an agent of the principal that are not actually known by the principal.
[ 2023 c 318 s 10; 2013 c 58 s 11; 1996 c 179 s 10.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.

catchline: Imputed knowledge and notice.


title: RCW 18.86.110

text:
The duties under this chapter are statutory duties and not fiduciary duties. This chapter supersedes the fiduciary duties of an agent to a principal under the common law. The common law continues to apply to the parties in all other respects. This chapter does not affect the duties of a broker while engaging in the authorized or unauthorized practice of law as determined by the courts of this state. This chapter shall be construed broadly.
[ 2013 c 58 s 12; 1996 c 179 s 11.]

catchline: Application.


title: RCW 18.86.120

text:
The pamphlet required under RCW 18.86.030(1)(f) shall be formatted so it can be easily reviewed by a buyer or seller, including a legible font and font size. The pamphlet shall be in the following form:
Real Estate Brokerage in Washington
Introduction
This pamphlet provides general information about real estate brokerage and summarizes the laws related to real estate brokerage relationships. It describes a real estate broker's duties to the seller/landlord and buyer/tenant. Detailed and complete information about real estate brokerage relationships is available in chapter 18.86 RCW.
If you have any questions about the information in this pamphlet, contact your broker or the designated broker of your broker's firm.
Licensing and Supervision of Brokers
To provide real estate brokerage services in Washington, a broker must be licensed under chapter 18.85 RCW and licensed with a real estate firm, which also must be licensed. Each real estate firm has a designated broker who is responsible for supervising the brokers licensed with the firm. Some firms may have branch offices that are supervised by a branch manager and some firms may delegate certain supervisory duties to one or more managing brokers.
The Washington State Department of Licensing is responsible for enforcing all laws and rules relating to the conduct of real estate firms and brokers.
Agency Relationship
In an agency relationship, a broker is referred to as an "agent" and the seller/landlord and buyer/tenant is referred to as the "principal." For simplicity, in this pamphlet, seller includes landlord, and buyer includes tenant.
For Sellers
A real estate firm and broker must enter into a written services agreement with a seller to establish an agency relationship. The firm will then appoint one or more brokers to be agents of the seller. The firm's designated broker and any managing broker responsible for the supervision of those brokers are also agents of the seller.
For Buyers
A real estate firm and broker(s) who perform real estate brokerage services for a buyer establish an agency relationship by performing those services. The firm's designated broker and any managing broker responsible for the supervision of that broker are also agents of the buyer. A written services agreement between the buyer and the firm must be entered into before, or as soon as reasonably practical after, a broker begins rendering real estate brokerage services to the buyer.
For both Buyer and Seller - as a Limited Dual Agent
A limited dual agent provides limited representation to both the buyer and the seller in a transaction. Limited dual agency requires the consent of each principal in a written services agreement and may occur in two situations: (1) When the buyer and the seller are represented by the same broker, in which case the broker's designated broker and any managing broker responsible for the supervision of that broker are also limited dual agents; and (2) when the buyer and the seller are represented by different brokers in the same firm, in which case each broker solely represents the principal the broker was appointed to represent, but the broker's designated broker and any managing broker responsible for the supervision of those brokers are limited dual agents.
Duration of Agency Relationship
Once established, an agency relationship continues until the earliest of the following:
(1) Completion of performance by the broker;
(2) Expiration of the term agreed upon by the parties;
(3) Termination of the relationship by mutual agreement of the parties; or
(4) Termination of the relationship by notice from either party to the other. However, such a termination does not affect the contractual rights of either party.
Written Services Agreement
A written services agreement between the firm and principal must contain the following:
(1) The term (duration) of the agreement;
(2) Name of the broker(s) appointed to act as an agent for the principal;
(3) Whether the agency relationship is exclusive (which does not allow the principal to enter into an agency relationship with another firm during the term) or nonexclusive (which allows the principal to enter into an agency relationship with multiple firms at the same time);
(4) Whether the principal consents to limited dual agency;
(5) The terms of compensation;
(6) In an agreement with a buyer, whether the broker agrees to show a property when there is no agreement or offer by any party or firm to pay compensation to the broker's firm; and
(7) Any other agreements between the parties.
A Broker's Duties to All Parties
A broker owes the following duties to all parties in a transaction:
(1) To exercise reasonable skill and care;
(2) To deal honestly and in good faith;
(3) To timely present all written offers, written notices, and other written communications to and from either party;
(4) To disclose all existing material facts known by the broker and not apparent or readily ascertainable to a party. A material fact includes information that substantially adversely affects the value of the property or a party's ability to perform its obligations in a transaction, or operates to materially impair or defeat the purpose of the transaction. However, a broker does not have any duty to investigate matters that the broker has not agreed to investigate;
(5) To account in a timely manner for all money and property received from or on behalf of either party;
(6) To provide this pamphlet to all parties to whom the broker renders real estate brokerage services and to any unrepresented party;
(7) To disclose in writing who the broker represents; and
(8) To disclose in writing any terms of compensation offered by a party or a real estate firm to a real estate firm representing another party.
Property Must Be Marketed Publicly
Brokers who represent a seller must market residential property to all members of the public and all other brokers and may not market the property to an exclusive group of buyers or brokers only, unless the health or safety of the owner or occupant requires.
A Broker's Duties to the Buyer or Seller
A broker owes the following duties to their principal (either the buyer or seller):
(1) To be loyal to their principal by taking no action that is adverse or detrimental to their principal's interest in a transaction;
(2) To timely disclose to their principal any conflicts of interest;
(3) To advise their principal to seek expert advice on matters relating to the transaction that are beyond the broker's expertise;
(4) To not disclose any confidential information from or about their principal; and
(5) To make a good faith and continuous effort to find a property for the buyer or to find a buyer for the seller's property, until the principal has entered a contract for the purchase or sale of property or as agreed otherwise in writing.
Limited Dual Agent Duties
A limited dual agent may not advocate terms favorable to one principal to the detriment of the other principal. A broker, acting as a limited dual agent, owes the following duties to both the buyer and seller:
(1) To take no action that is adverse or detrimental to either principal's interest in a transaction;
(2) To timely disclose to both principals any conflicts of interest;
(3) To advise both principals to seek expert advice on matters relating to the transaction that are beyond the limited dual agent's expertise;
(4) To not disclose any confidential information from or about either principal; and
(5) To make a good faith and continuous effort to find a property for the buyer and to find a buyer for the seller's property, until the principals have entered a contract for the purchase or sale of property or as agreed otherwise in writing.
Compensation
In any real estate transaction, a firm's compensation may be paid by the seller, the buyer, a third party, or by sharing the compensation between firms. To receive compensation from any party, a firm must have a written services agreement with the party the firm represents (or provide a "Compensation Disclosure" to the buyer in a transaction for commercial real estate).
A services agreement must contain the following regarding compensation:
(1) The amount the principal agrees to compensate the firm for broker's services as an agent or limited dual agent;
(2) The principal's consent, if any, and any terms of such consent, to compensation sharing between firms and parties; and
(3) The principal's consent, if any, and any terms of such consent, to compensation of the firm by more than one party.
Short Sales
A "short sale" is a transaction where the seller's proceeds from the sale are insufficient to cover seller's obligations at closing (e.g., the seller's outstanding mortgage is greater than the sale price). If a sale is a short sale, the seller's real estate firm must disclose to the seller that the decision by any beneficiary or mortgagee, to release its interest in the property for less than the amount the seller owes to allow the sale to proceed, does not automatically relieve the seller of the obligation to pay any debt or costs remaining at closing, including real estate firms' compensation.
[ 2026 c 57 s 3; 2023 c 318 s 11; 2013 c 58 s 13; 2012 c 185 s 2; 1997 c 217 s 7; 1996 c 179 s 13.]
Notes:
Effective date—2023 c 318: See note following RCW 18.86.010.
Real estate agency pamphlet—1997 c 217 ss 1-6: "Amendments set forth in sections 1 through 6 of this act are not required to be included in the pamphlet on the law of real estate agency required under RCW 18.86.030(1)(f) and 18.86.120 until January 1, 1998." [ 1997 c 217 s 8.]
Effective date—1997 c 217 s 7: "Section 7 of this act takes effect January 1, 1998." [ 1997 c 217 s 10.]

catchline: Pamphlet on real estate brokerage in Washington—Content—Definition.


title: RCW 18.86.130

text:
A broker may not market the sale or lease of residential real estate to a limited or exclusive group of prospective buyers or brokers, or any combination thereof, unless the real estate is concurrently marketed to the general public and all other brokers, except as reasonably necessary to protect the health or safety of the owner or occupant. Marketing to the general public does not require an owner to allow access onto the residential real estate or into the residence.
[ 2026 c 57 s 1.]

catchline: Exclusive real estate property marketing.


title: RCW 18.86.900

text:
This chapter shall take effect on January 1, 1997. This chapter does not apply to an agency relationship entered into before January 1, 1997, unless the principal and agent agree in writing that this chapter will, as of January 1, 1997, apply to such agency relationship.
[ 1996 c 179 s 12.]

catchline: Effective date—1996 c 179.


title: RCW 18.86.902

text:
This act shall take effect January 1, 1997.
[ 1996 c 179 s 19.]


title: RCW 18.88A.010

text:
(1) The legislature takes special note of the contributions made by nursing assistants in health care facilities whose tasks are arduous and whose working conditions may be contributing to the high and often critical turnover among the principal cadre of health care workers who provide for the basic needs of patients. The legislature also recognizes the growing shortage of nurses as the proportion of the elderly population grows and as the acuity of patients in hospitals and nursing homes becomes generally more severe.
(2) The legislature finds and declares that:
(a) Occupational nursing assistants should have a formal system of educational and experiential qualifications leading to career mobility and advancement. The establishment of such a system should bring about a more stabilized workforce in health care facilities, as well as provide a valuable resource for recruitment into licensed nursing practice.
(b) The quality of patient care in health care facilities is dependent upon the competence of the personnel who staff their facilities. To assure the availability of trained personnel in health care facilities the legislature recognizes the need for training programs for nursing assistants.
(c) Certified home care aides and medical assistants are a valuable potential source of nursing assistants who will be needed to meet the care needs of the state's growing aging population. To assure continued opportunity for recruitment into licensed nursing practice and career advancement for certified home care aides and medical assistants, nursing assistant training programs should recognize the relevant training and experience obtained by these credentialed professionals. By taking advantage of the authority granted under the federal social security act to certify nursing assistants through a state-approved competency evaluation program as a federally recognized alternative to the state-approved training and competency evaluation program, the legislature intends to increase the potential for recruitment into licensed nursing practice while maintaining a single standard for competency evaluation of certified nursing assistants.
(d) The registration of nursing assistants and providing for voluntary certification of those who wish to seek higher levels of qualification is in the interest of the public health, safety, and welfare.
[ 2010 c 169 s 1; 1991 c 16 s 1; 1989 c 300 s 3; 1988 c 267 s 1. Formerly RCW 18.52B.010.]
Notes:
Conflict with federal requirements—2010 c 169: "If any part of this act is found by a federal agency to be in conflict with federal requirements, including requirements related to the medicare and medicaid programs under the federal social security act, that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements, including requirements related to the medicare and medicaid programs under the federal social security act, that are a necessary condition to the receipt of federal funds by the state." [ 2010 c 169 s 13.]

catchline: Legislative declaration.


title: RCW 18.88A.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Alternative training" means a nursing assistant-certified program meeting criteria adopted by the board under RCW 18.88A.087 to meet the requirements of a state-approved nurse aide competency evaluation program consistent with 42 U.S.C. Sec. 1395i-3(e) and (f) of the federal social security act.
(2) "Approved training program" means a nursing assistant-certified training program approved by the board to meet the requirements of a state-approved nurse aide training and competency evaluation program consistent with 42 U.S.C. Sec. 1395i-3(e) and (f) of the federal social security act. For community college, vocational-technical institutes, skill centers, and secondary school as defined in chapter 28B.50 RCW, nursing assistant-certified training programs shall be approved by the board in cooperation with the board for community and technical colleges or the superintendent of public instruction.
(3) "Board" means the Washington state board of nursing.
(4) "Competency evaluation" means the measurement of an individual's knowledge and skills as related to safe, competent performance as a nursing assistant.
(5) "Department" means the department of health.
(6) "Executive director" means the executive director of the board hired pursuant to RCW 18.79.390.
(7) "Health care facility" means a nursing home, hospital licensed under chapter 70.41 or 71.12 RCW, hospice care facility, home health care agency, hospice agency, licensed or certified service provider under chapter 71.24 RCW other than an individual health care provider, or other entity for delivery of health care services as defined by the board.
(8) "Medication assistant" means a nursing assistant-certified with a medication assistant endorsement issued under RCW 18.88A.082 who is authorized, in addition to his or her duties as a nursing assistant-certified, to administer certain medications and perform certain treatments in a nursing home under the supervision of a registered nurse under RCW 18.88A.082.
(9) "Nursing assistant" means an individual, regardless of title, who, under the direction and supervision of a registered nurse or licensed practical nurse, assists in the delivery of nursing and nursing-related activities to patients in a health care facility or an individual, regardless of title, who uses their nursing assistant credential to work as a long-term care worker as allowed by RCW 18.88B.041(1) (a) or (b). The two levels of nursing assistants are:
(a) "Nursing assistant-certified," an individual certified under this chapter; and
(b) "Nursing assistant-registered," an individual registered under this chapter.
(10) "Nursing home" means a nursing home licensed under chapter 18.51 RCW.
(11) "Secretary" means the secretary of health.
[ 2025 c 58 s 5031; 2025 c 5 s 3; 2018 c 201 s 9008; 2015 c 158 s 1; 2012 c 208 s 2. Prior: 2010 c 169 s 2; 1994 sp.s. c 9 s 708; 1991 c 16 s 2; (1991 c 3 s 221 repealed by 1991 sp.s. c 11 s 2); 1989 c 300 s 4; 1988 c 267 s 2. Formerly RCW 18.52B.020.]
Notes:
Reviser's note: This section was amended by 2025 c 5 s 3 and by 2025 c 58 s 5031, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2025 c 5: See note following RCW 18.79.070.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Effective date—2012 c 208 ss 2-10: "Sections 2 through 10 of this act take effect July 1, 2013." [ 2012 c 208 s 12.]
Findings—Rules—2012 c 208: See notes following RCW 18.88A.082.
Conflict with federal requirements—2010 c 169: See note following RCW 18.88A.010.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Board of nursing: Chapter 18.79 RCW.


title: RCW 18.88A.030

text:
(1)(a) A nursing assistant may assist in the care of individuals as delegated by and under the direction and supervision of a licensed (registered) nurse or licensed practical nurse or work as a long-term care worker as allowed by RCW 18.88B.041(1) (a) or (b).
(b) A health care facility shall not assign a nursing assistant-registered to provide care until the nursing assistant-registered has demonstrated skills necessary to perform competently all assigned duties and responsibilities.
(c) Nothing in this chapter shall be construed to confer on a nursing assistant the authority to administer medication unless delegated as a specific nursing task pursuant to this chapter or to practice as a licensed (registered) nurse or licensed practical nurse as defined in chapter 18.79 RCW.
(2)(a) A nursing assistant employed in a nursing home must have successfully obtained certification through: (i) An approved training program and the competency evaluation within a period of time determined in rule by the board; or (ii) alternative training and the competency evaluation prior to employment.
(b) Certification is voluntary for nursing assistants working in health care facilities other than nursing homes unless otherwise required by state or federal law or regulation.
(3) The board may adopt rules to implement the provisions of this chapter.
[ 2025 c 58 s 5032; 2025 c 5 s 4; 2021 c 203 s 16; 2010 c 169 s 4; 1995 1st sp.s. c 18 s 52; 1994 sp.s. c 9 s 709; 1991 c 16 s 3; 1989 c 300 s 5; 1988 c 267 s 3. Formerly RCW 18.52B.030.]
Notes:
Reviser's note: This section was amended by 2025 c 5 s 4 and by 2025 c 58 s 5032, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2025 c 5: See note following RCW 18.79.070.
Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.
Conflict with federal requirements—2010 c 169: See note following RCW 18.88A.010.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Scope of practice—Nursing home employment—Voluntary certification—Rules.


title: RCW 18.88A.040

text:
(1) No person may practice or represent himself or herself as a nursing assistant-registered by use of any title or description without being registered by the board pursuant to this chapter.
(2) No person may by use of any title or description, practice or represent himself or herself as a nursing assistant-certified without applying for certification, meeting the qualifications, and being certified by the board pursuant to this chapter.
(3) No person may practice, or represent himself or herself by any title or description, as a medication assistant without a medication assistant endorsement issued under RCW 18.88A.082.
[ 2025 c 5 s 5; 2012 c 208 s 4; 1991 c 16 s 4; 1989 c 300 s 6; 1988 c 267 s 4. Formerly RCW 18.52B.040.]
Notes:
Effective dates—2025 c 5: See note following RCW 18.79.070.
Effective date—2012 c 208 ss 2-10: See note following RCW 18.88A.020.
Findings—Rules—2012 c 208: See notes following RCW 18.88A.082.

catchline: Registration and certification.


title: RCW 18.88A.050

text:
In addition to any other authority provided by law, the secretary has the authority to:
(1) Set all nursing assistant certification, registration, medication assistant endorsement, and renewal fees in accordance with RCW 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320; and
(2) Employ staff that are hired and managed by the executive director provided that nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement.
[ 2025 c 5 s 6; 2012 c 208 s 5; 2010 c 169 s 5; 1991 c 16 s 6; (1991 c 3 s 222 repealed by 1991 sp.s. c 11 s 2); 1989 c 300 s 7; 1988 c 267 s 6. Formerly RCW 18.52B.060.]
Notes:
Effective dates—2025 c 5: See note following RCW 18.79.070.
Effective date—2012 c 208 ss 2-10: See note following RCW 18.88A.020.
Findings—Rules—2012 c 208: See notes following RCW 18.88A.082.
Conflict with federal requirements—2010 c 169: See note following RCW 18.88A.010.

catchline: Powers of secretary.


title: RCW 18.88A.060

text:
In addition to any other authority provided by law, the board may:
(1) Determine minimum nursing assistant education requirements and approve training programs;
(2) Approve education and training programs and examinations for medication assistants as provided in RCW 18.88A.082;
(3) Define the prescriber-ordered treatments a medication assistant is authorized to perform under RCW 18.88A.082;
(4) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, the competency evaluation for applicants for nursing assistant certification, using the same competency evaluation for all applicants, whether qualifying to take the competency evaluation under an approved training program or alternative training;
(5) Establish forms and procedures for evaluation of an applicant's alternative training under criteria adopted pursuant to RCW 18.88A.087;
(6) Define and approve any experience requirement for nursing assistant certification;
(7) Adopt rules implementing a continuing competency evaluation program for nursing assistants;
(8) Establish forms, procedures, and the competency evaluation necessary to administer this chapter;
(9) Issue a nursing assistant registration to any applicant who has met the requirements for registration;
(10) Maintain the official record for the department of all applicants and persons with registrations, certificates, and medication assistant endorsements under this chapter;
(11) Exercise disciplinary authority as authorized in chapter 18.130 RCW;
(12) Deny registration to any applicant who fails to meet requirements for registration as a nursing assistant;
(13) Deny certification to applicants who do not meet the training, competency evaluation, and conduct requirements for certification as a nursing assistant;
(14) Deny medication assistant endorsement to applicants who do not meet the requirements of RCW 18.88A.082;
(15) Issue a medication assistant endorsement to any applicant who has met the requirements of RCW 18.88A.082;
(16) Delegate certain disciplinary functions to staff where no clinical expertise or standard of care issues are involved;
(17) Issue a nursing assistant certificate to any applicant who has met the training, competency evaluation, and conduct requirements for certification under this chapter; and
(18) Adopt rules to enable it to carry into effect the provisions of this chapter.
[ 2025 c 58 s 5033; 2025 c 5 s 7; 2012 c 208 s 6; 2010 c 169 s 6; 1994 sp.s. c 9 s 710; 1991 c 16 s 8; 1989 c 300 s 8; 1988 c 267 s 7. Formerly RCW 18.52B.070.]
Notes:
Reviser's note: This section was amended by 2025 c 5 s 7 and by 2025 c 58 s 5033, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2025 c 5: See note following RCW 18.79.070.
Effective date—2012 c 208 ss 2-10: See note following RCW 18.88A.020.
Findings—Rules—2012 c 208: See notes following RCW 18.88A.082.
Conflict with federal requirements—2010 c 169: See note following RCW 18.88A.010.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Board—Powers.


title: RCW 18.88A.080

text:
(1) The board shall issue a registration to any applicant who pays any applicable fees and submits, on forms provided by the board, the applicant's name, address, and other information as determined by the board, provided there are no grounds for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW.
(2) Applicants must file an application with the board for registration within three days of employment.
[ 2025 c 58 s 5034; 2025 c 5 s 8; 1994 sp.s. c 9 s 711; 1991 c 16 s 10; (1991 c 3 s 224 repealed by 1991 sp.s. c 11 s 2); 1989 c 300 s 10; 1988 c 267 s 10. Formerly RCW 18.52B.100.]
Notes:
Reviser's note: This section was amended by 2025 c 5 s 8 and by 2025 c 58 s 5034, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2025 c 5: See note following RCW 18.79.070.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Registration requirements.


title: RCW 18.88A.082

text:
(1) The board shall issue a medication assistant endorsement to any nursing assistant-certified who meets the following requirements:
(a) Ongoing certification as a nursing assistant-certified in good standing under this chapter;
(b) Completion of a minimum number of hours of documented work experience as a nursing assistant-certified in a long-term care setting as defined in rule by the board;
(c) Successful completion of an education and training program approved by the board by rule, such as the model medication assistant-certified curriculum adopted by the national council of state boards of nursing. The education and training program must include training on the specific tasks listed in subsection (2) of this section as well as training on identifying tasks that a medication assistant may not perform under subsection (4) of this section;
(d) Passage of an examination approved by the board by rule, such as the medication aide competency examination available through the national council of state boards of nursing; and
(e) Continuing competency requirements as defined in rule by the board.
(2) Subject to subsection (3) of this section, a medication assistant may perform the following additional tasks:
(a) The administration of medications orally, topically, and through inhalation;
(b) The performance of simple prescriber-ordered treatments, including blood glucose monitoring, noncomplex clean dressing changes, pulse oximetry reading, and oxygen administration, to be defined by the board by rule; and
(c) The documentation of the tasks in this subsection (2) on applicable medication or treatment forms.
(3) A medication assistant may only perform the additional tasks in subsection (2) of this section:
(a) In a nursing home;
(b) Under the direct supervision of a designated registered nurse who is on-site and immediately accessible during the medication assistant's shift. The registered nurse shall assess the resident prior to the medication assistant administering medications or treatments and determine whether it is safe to administer the medications or treatments. The judgment and decision to administer medications or treatments is retained by the registered nurse; and
(c) If, while functioning as a medication assistant, the primary responsibility of the medication assistant is performing the additional tasks. The board may adopt rules regarding the medication assistant's primary responsibilities and limiting the duties, within the scope of practice of a nursing assistant-certified, that a nursing assistant-certified may perform while functioning as a medication assistant.
(4) A medication assistant may not:
(a) Accept telephone or verbal orders from a prescriber;
(b) Calculate medication dosages;
(c) Inject any medications;
(d) Perform any sterile task;
(e) Administer medications through a tube;
(f) Administer any Schedule I, II, or III controlled substance; or
(g) Perform any task that requires nursing judgment.
(5) Nothing in this section requires a nursing home to employ a nursing assistant-certified with a medication assistant endorsement.
(6) A medication assistant is responsible and accountable for his or her specific functions.
(7) A medication assistant's employer may limit or restrict the range of functions permitted under this section, but may not expand those functions.
[ 2025 c 58 s 5035; 2025 c 5 s 9; 2012 c 208 s 3.]
Notes:
Reviser's note: This section was amended by 2025 c 5 s 9 and by 2025 c 58 s 5035, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2025 c 5: See note following RCW 18.79.070.
Effective date—2012 c 208 ss 2-10: See note following RCW 18.88A.020.
Findings—2012 c 208: "(1) The legislature finds that many residents of skilled nursing facilities are vulnerable and their health and well-being are dependent on their caregivers. The quality, skills, and knowledge of their caregivers are often the key to good care and the need for well-trained caregivers with diverse skill sets is growing as the state's population ages and residents' needs increase.
(2) The legislature further finds that the evidence-based practice of allowing nursing assistants certified to administer certain medications and treatments promotes quality and safety for residents in skilled nursing facilities, and that creating opportunities for career advancement and pay improvement through additional training and credentialing will help enhance the working environment for nursing assistants certified in skilled nursing facilities.
(3) The legislature further finds that creating continued opportunities for recruitment into nursing practice and career advancement for nursing assistants certified will help ensure quality care for residents, and nurse training programs should recognize the relevant training and experience obtained by these credentialed professionals." [ 2012 c 208 s 1.]
Rules—2012 c 208: "The department of health and the Washington nursing care quality assurance commission shall adopt any rules necessary to implement chapter 208, Laws of 2012." [ 2012 c 208 s 11.]


title: RCW 18.88A.085

text:
(1) The board shall issue a nursing assistant certificate to any applicant who demonstrates to the board's satisfaction that the following requirements have been met:
(a) Successful completion of an approved training program or successful completion of alternative training meeting established criteria adopted by the board under RCW 18.88A.087; and
(b) Successful completion of the competency evaluation.
(2) In addition, applicants shall be subject to the grounds for denial of certification under chapter 18.130 RCW.
[ 2025 c 58 s 5036; 2025 c 5 s 10; 2010 c 169 s 7; 2007 c 361 s 9; 1994 sp.s. c 9 s 712; 1991 c 16 s 11.]
Notes:
Reviser's note: This section was amended by 2025 c 5 s 10 and by 2025 c 58 s 5036, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2025 c 5: See note following RCW 18.79.070.
Conflict with federal requirements—2010 c 169: See note following RCW 18.88A.010.
Construction—Severability—Captions not law—Short title—2007 c 361: See notes following RCW 74.39A.009.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Certification of requirements.


title: RCW 18.88A.087

text:
(1) The ((commission))board shall adopt criteria for evaluating an applicant's alternative training to determine the applicant's eligibility to take the competency evaluation for nursing assistant certification. At least one option adopted by the ((commission))board must allow an applicant to take the competency evaluation if he or she:
(a)(i) Is a certified home care aide pursuant to chapter 18.88B RCW; or
(ii) Is a certified medical assistant pursuant to a certification program accredited by a national medical assistant accreditation organization and approved by the ((commission))board; and
(b) Has successfully completed at least twenty-four hours of training that the ((commission))board determines is necessary to provide training equivalent to approved training on topics not addressed in the training specified for certification as a home care aide or medical assistant, as applicable. In the ((commission's))board's discretion, a portion of these hours may include clinical training.
(2)(a) The ((commission))board, in consultation with the secretary, the department of social and health services, and consumer, employer, and worker representatives, shall adopt rules to implement this section and to provide for a program of credentialing reciprocity to the extent required by this section between home care aide and medical assistant certification and nursing assistant certification. The secretary shall also adopt such rules as may be necessary to implement this section and the credentialing reciprocity program.
(b) Rules adopted under this section must be consistent with requirements under 42 U.S.C. Sec. 1395i-3(e) and (f) of the federal social security act relating to state-approved competency evaluation programs for certified nurse aides.
(((3) The secretary, in consultation with the commission, shall report annually by December 1st to the governor and the appropriate committees of the legislature on the progress made in achieving career advancement for certified home care aides and medical assistants into nursing practice.))
[ 2025 c 5 s 11; 2021 c 203 s 17; 2010 c 169 s 3.]
Notes:
Effective dates—2025 c 5: See note following RCW 18.79.070.
PDF
RCW 18.88A.087
Certification—Alternative training—Credentialing reciprocity—Report (as amended by 2025 c 58).
(1) The ((commission))board shall adopt criteria for evaluating an applicant's alternative training to determine the applicant's eligibility to take the competency evaluation for nursing assistant certification. At least one option adopted by the ((commission))board must allow an applicant to take the competency evaluation if he or she:
(a)(i) Is a certified home care aide pursuant to chapter 18.88B RCW; or
(ii) Is a certified medical assistant pursuant to a certification program accredited by a national medical assistant accreditation organization and approved by the ((commission))board; and
(b) Has successfully completed at least twenty-four hours of training that the ((commission))board determines is necessary to provide training equivalent to approved training on topics not addressed in the training specified for certification as a home care aide or medical assistant, as applicable. In the ((commission's))board's discretion, a portion of these hours may include clinical training.
(2)(a) The ((commission))board, in consultation with the secretary, the department of social and health services, and consumer, employer, and worker representatives, shall adopt rules to implement this section and to provide for a program of credentialing reciprocity to the extent required by this section between home care aide and medical assistant certification and nursing assistant certification. The secretary shall also adopt such rules as may be necessary to implement this section and the credentialing reciprocity program.
(b) Rules adopted under this section must be consistent with requirements under 42 U.S.C. Sec. 1395i-3(e) and (f) of the federal social security act relating to state-approved competency evaluation programs for certified nurse aides.
(3) The secretary, in consultation with the ((commission))board, shall report annually by December 1st to the governor and the appropriate committees of the legislature on the progress made in achieving career advancement for certified home care aides and medical assistants into nursing practice.
[ 2025 c 58 s 5037; 2021 c 203 s 17; 2010 c 169 s 3.]
Notes:
Reviser's note: RCW 18.88A.087 was amended twice during the 2025 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.
Conflict with federal requirements—2010 c 169: See note following RCW 18.88A.010.

catchline: Certification—Alternative training—Credentialing reciprocity (as amended by 2025 c 5).


title: RCW 18.88A.088

text:
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the board determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2025 c 58 s 5038; 2025 c 5 s 12; 2011 c 32 s 10.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2025 c 5: See note following RCW 18.79.070.

catchline: Certification—Military training or experience.


title: RCW 18.88A.090

text:
(1) The board shall examine each applicant, by a written or oral and a manual component of competency evaluation. The competency evaluation shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently.
(2) Any applicant failing to make the required grade in the first competency evaluation may take up to three subsequent competency evaluations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent competency evaluation. Upon failing four competency evaluations, the secretary may invalidate the original application and require such remedial education before the person may take future competency evaluations.
The board may approve a competency evaluation prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the credentialing requirements.
[ 2025 c 58 s 5039; 2025 c 5 s 13; 2010 c 169 s 8; 1994 sp.s. c 9 s 713; 1991 c 3 s 225; 1989 c 300 s 11; 1988 c 267 s 13. Formerly RCW 18.52B.130.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2025 c 5: See note following RCW 18.79.070.
Conflict with federal requirements—2010 c 169: See note following RCW 18.88A.010.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Competency evaluations.


title: RCW 18.88A.110

text:
An applicant holding a credential in another state may be certified by endorsement to practice in this state without the competency evaluation if the board determines that the other state's credentialing standards are substantially equivalent to the standards in this state.
[ 2025 c 5 s 14; 2010 c 169 s 9; 1991 c 16 s 13.]
Notes:
Effective dates—2025 c 5: See note following RCW 18.79.070.
Conflict with federal requirements—2010 c 169: See note following RCW 18.88A.010.

catchline: Certificates for applicants credentialed in another state.


title: RCW 18.88A.120

text:
Applications for registration, certification, and medication assistant endorsement shall be submitted on forms provided by the board. The board may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration, certification, and medication assistant endorsement credentialing provided for in this chapter and chapter 18.130 RCW. Each applicant shall comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.
[ 2025 c 5 s 15; 2012 c 208 s 7; 1996 c 191 s 74; 1991 c 16 s 14.]
Notes:
Effective dates—2025 c 5: See note following RCW 18.79.070.
Effective date—2012 c 208 ss 2-10: See note following RCW 18.88A.020.
Findings—Rules—2012 c 208: See notes following RCW 18.88A.082.

catchline: Applications for registration and certification—Fee.


title: RCW 18.88A.130

text:
Registrations, certifications, and medication assistant endorsements shall be renewed according to administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.
[ 2012 c 208 s 8; 1996 c 191 s 75; 1994 sp.s. c 9 s 715; 1991 c 16 s 15.]
Notes:
Effective date—2012 c 208 ss 2-10: See note following RCW 18.88A.020.
Findings—Rules—2012 c 208: See notes following RCW 18.88A.082.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Renewal of registration or certification.


title: RCW 18.88A.140

text:
Nothing in this chapter may be construed to prohibit or restrict:
(1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within their authorized scope of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor;
(4) A nursing assistant, while employed as a personal aide as defined in RCW 74.39.007 or a long-term care worker as defined in chapter 74.39A RCW, from accepting direction from an individual who is self-directing his or her care.
[ 2010 c 169 s 10; 2003 c 140 s 3; 2000 c 171 s 25; 1991 c 16 s 5.]
Notes:
Conflict with federal requirements—2010 c 169: See note following RCW 18.88A.010.
Effective date—2003 c 140: See note following RCW 18.79.040.

catchline: Exemptions.


title: RCW 18.88A.150

text:
The uniform disciplinary act, chapter 18.130 RCW, governs unregistered, uncertified, or unendorsed practice, issuance of certificates, registrations, and medication assistant endorsements, and the discipline of persons registered or with certificates under this chapter. The board shall be the disciplinary authority under this chapter.
[ 2025 c 5 s 16; 2012 c 208 s 9; 1991 c 16 s 7.]
Notes:
Effective dates—2025 c 5: See note following RCW 18.79.070.
Effective date—2012 c 208 ss 2-10: See note following RCW 18.88A.020.
Findings—Rules—2012 c 208: See notes following RCW 18.88A.082.

catchline: Application of uniform disciplinary act.


title: RCW 18.88A.200

text:
The legislature recognizes that nurses have been successfully delegating nursing care tasks to family members and auxiliary staff for many years. The opportunity for a nurse to delegate to nursing assistants qualifying under RCW 18.88A.210 may enhance the viability and quality of health care services in community-based care settings and in-home care settings to allow individuals to live as independently as possible with maximum safeguards.
[ 2003 c 140 s 4; 1995 1st sp.s. c 18 s 45.]
Notes:
Effective date—2003 c 140: See note following RCW 18.79.040.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Delegation of nursing care tasks—Legislative finding.


title: RCW 18.88A.210

text:
(1) A nursing assistant meeting the requirements of this section who provides care to individuals in community-based care settings or in-home care settings, as defined in RCW 18.79.260(3), may accept delegation of nursing care tasks by a registered nurse as provided in RCW 18.79.260(3).
(2) For the purposes of this section, "nursing assistant" means a nursing assistant-registered or a nursing assistant-certified. Nothing in this section may be construed to affect the authority of nurses to delegate nursing tasks to other persons, including licensed practical nurses, as authorized by law.
(3)(a) Before commencing any specific nursing care tasks authorized under this chapter, the nursing assistant must (i) provide to the delegating nurse a certificate of completion issued by the department of social and health services indicating the completion of basic core nurse delegation training, (ii) be regulated by the department of health pursuant to this chapter, subject to the uniform disciplinary act under chapter 18.130 RCW, and (iii) meet any additional training requirements identified by the board. Exceptions to these training requirements must adhere to RCW 18.79.260(3)(e)(vi).
(b) In addition to meeting the requirements of (a) of this subsection, before commencing the care of individuals with diabetes that involves administration of insulin by injection, the nursing assistant must provide to the delegating nurse a certificate of completion issued by the department of social and health services indicating completion of specialized diabetes nurse delegation training. The training must include, but is not limited to, instruction regarding diabetes, insulin, sliding scale insulin orders, and proper injection procedures.
[ 2025 c 58 s 5041; 2025 c 5 s 17; 2008 c 146 s 12; 2003 c 140 s 5; 2000 c 95 s 1; 1998 c 272 s 10; 1995 1st sp.s. c 18 s 46.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2025 c 5: See note following RCW 18.79.070.
Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040.
Effective date—2003 c 140: See note following RCW 18.79.040.
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Delegation—Basic and specialized nurse delegation training requirements.


title: RCW 18.88A.230

text:
(1) The nursing assistant shall be accountable for their own individual actions in the delegation process. Nursing assistants following written delegation instructions from registered nurses performed in the course of their accurately written, delegated duties shall be immune from liability.
(2) Nursing assistants shall not be subject to any employer reprisal or disciplinary action by the secretary for refusing to accept delegation of a nursing task based on patient safety issues. No community-based care setting as defined in RCW 18.79.260(3)(e), or in-home services agency as defined in RCW 70.127.010, may discriminate or retaliate in any manner against a person because the person made a complaint or cooperated in the investigation of a complaint.
[ 2003 c 140 s 6; 2000 c 95 s 2; 1998 c 272 s 11; 1997 c 275 s 6; 1995 1st sp.s. c 18 s 48.]
Notes:
Effective date—2003 c 140: See note following RCW 18.79.040.
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Delegation—Liability—Reprisal or disciplinary action.


title: RCW 18.88B.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community residential service business" has the same meaning as defined in RCW 74.39A.009.
(2) "Date of hire" means the first day the long-term care worker is employed by any employer.
(3) "Department" means the department of health.
(4) "Home care aide" means a person certified under this chapter.
(5) "Individual provider" has the same meaning as defined in RCW 74.39A.009.
(6) "Long-term care worker" has the same meaning as defined in RCW 74.39A.009.
(7) "Personal care services" has the same meaning as defined in RCW 74.39A.009.
(8) "Secretary" means the secretary of the department of health.
[ 2023 c 424 s 1. Prior: 2012 c 164 s 201; 2009 c 2 s 17 (Initiative Measure No. 1029, approved November 4, 2008).]
Notes:
Finding—Intent—2012 c 164: "The legislature finds that numerous enactments and amendments to long-term care services statutes over many years have resulted in duplicated provisions, ambiguities, and other technical errors. The legislature intends to make corrections and clarify provisions governing services by long-term care workers." [ 2012 c 164 s 101.]
Rules—2012 c 164: "By September 1, 2012, the department of social and health services shall adopt rules that reflect all statutory and regulatory training requirements for long-term care workers, as defined in RCW 74.39A.009, to provide the services identified in RCW 74.39A.009(5)(a)." [ 2012 c 164 s 408.]
Effective date—2012 c 164: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 29, 2012]." [ 2012 c 164 s 711.]
Intent—Findings—Construction—Short title—2009 c 2 (Initiative Measure No. 1029): See notes following RCW 18.88B.050.

catchline: Definitions.


title: RCW 18.88B.021

text:
(1) Beginning January 7, 2012, except as provided in RCW 18.88B.041 and 18.88B.022, any person hired as a long-term care worker must be certified as a home care aide as provided in this chapter within 200 calendar days after the date of hire. A long-term care worker who is not currently certified or eligible to reactivate an expired credential shall receive a new date of hire when beginning work with either a new employer or returning to a former employer after prior employment has ended.
(2)(a) No person may practice or, by use of any title or description, represent himself or herself as a certified home care aide without being certified as provided in this chapter.
(b) This section does not prohibit a person: (i) From practicing a profession for which the person has been issued a license or which is specifically authorized under this state's laws; or (ii) who is exempt from certification under RCW 18.88B.041 from providing services as a long-term care worker.
(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.
(3) If a pandemic, natural disaster, or other declared state of emergency impacts the ability of long-term care workers to complete certification as required by this section, the department may adopt rules to allow long-term care workers additional time to become certified.
(a) Rules adopted under this subsection (3) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that additional time for long-term care workers to become certified is no longer necessary, whichever is later. Once the department determines a rule adopted under this subsection (3) 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 certification compliance with subsection (1) of this section and rules adopted under this subsection (3) and provide the legislature with a report.
(4) The department shall adopt rules to implement this section.
[ 2025 c 341 s 2; 2023 c 424 s 2; 2021 c 203 s 10; 2013 c 259 s 1; 2012 c 164 s 301; 2012 c 1 s 103 (Initiative Measure No. 1163, approved November 8, 2011).]
Notes:
Effective date—2025 c 341: See note following RCW 18.88B.022.
Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

catchline: Certification requirements.


title: RCW 18.88B.022

text:
(1) The department shall adopt rules to allow long-term care workers additional time to become certified as the office of the state auditor completes their biennial performance audit under section 201, chapter 1, Laws of 2012 (Initiative Measure No. 1163), on the training requirements and competency assessments for home care aides and shall provide recommendations for the consideration of the legislature. Rules adopted under this section must be effective until 90 days after adjournment of the session proceeding the publishing of the 2026 biennial performance audit under section 201, chapter 1, Laws of 2012 (Initiative Measure No. 1163).
(2) This section expires December 31, 2027.
[ 2025 c 341 s 1.]
Notes:
Effective date—2025 c 341: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 17, 2025]." [ 2025 c 341 s 3.]

catchline: Certification requirements—Additional time to complete. (Expires December 31, 2027.)


title: RCW 18.88B.031

text:
(1) Except as provided in RCW 18.88B.041 and subject to the other requirements of this chapter, to be certified as a home care aide, a long-term care worker must successfully complete the training required under RCW 74.39A.074(1) and a certification examination. Any long-term care worker failing to make the required grade for the examination may not be certified as a home care aide.
(2) The department, in consultation with consumer and worker representatives, shall develop a home care aide certification examination to evaluate whether an applicant possesses the skills and knowledge necessary to practice competently.
(3) The examination or series of examinations shall include both a skills demonstration and a written or oral knowledge test. The department shall establish rules governing the number of times and under what circumstances individuals who have failed the examination may sit for the examination, including whether any intermediate remedial steps should be required. The skills demonstration, the knowledge test, or both, may be administered throughout training, on the last day of training, or after a student's formal training. An applicant may apply to take the examination during or after training. An applicant may not sit for any part of the examination prior to completing the part of the training associated with that part of the examination. The examination or series of examinations may be conducted at local testing sites around the state. For the purpose of reducing the travel time for applicants, the department shall explore alternative testing options such as remote testing.
(4)(a) All examinations shall be conducted by fair and wholly impartial methods. All examinations shall be available to be administered in the preferred language for the applicant taking the examination. The certification examination shall be administered and evaluated by:
(i) The department;
(ii) A contractor to the department that is not an employer of long-term care workers unless the employer is a department of social and health services approved instructor and has met the department standards for administering the examination; or
(iii) A high school or community college that has met department standards for administering the examination.
(b) The department shall conduct an annual evaluation of the examination results of applicants who complete the examination in a language other than English. If the department finds that applicants taking the examination in a particular language fail at a disproportionately higher rate than other examination takers, the department shall conduct a review of the translation to ensure that it is accurate and understandable.
(5) The department shall adopt rules to implement this section.
[ 2023 c 323 s 2; 2012 c 164 s 304; 2012 c 1 s 104 (Initiative Measure No. 1163, approved November 8, 2011).]
Notes:
Finding—2023 c 323: "(1) Long-term care supports people who need help meeting their health or personal care needs due to age or disabling conditions. Maintaining an adequate workforce of long-term care workers is critical to the system.
(2) Current law requires that home care aides complete required training and pass a test to become certified. A 2022 performance audit found that many home care aide applicants faced barriers in scheduling the test, challenges getting to the test site, and often delays of months between completing training and taking the test. Barriers and inefficiencies in this process were cited as a primary reason for many applicants dropping out prior to becoming certified.
(3) The legislature finds that improvements in this process and the reduction of barriers are necessary to ensure an adequate home care workforce." [ 2023 c 323 s 1.]
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

catchline: Certification examinations.


title: RCW 18.88B.035

text:
(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 calendar days after the date of hire as provided in RCW 18.88B.021, if the long-term care worker:
(a) Is limited English proficient; and
(b) Complies with other requirements established by the department in rule.
(2) The department shall issue a provisional certification to a long-term care worker who has met the requirements of subsection (1) of this section. The provisional certification may only be issued once and is valid for no more than sixty days after the expiration of the two hundred calendar day requirement for becoming certified.
(3) The department shall adopt rules to implement this section.
(4) For the purposes of this section, "limited English proficient" means that an individual is limited in his or her ability to read, write, or speak English.
[ 2015 c 152 s 4; 2013 c 259 s 2.]

catchline: Provisional certification.


title: RCW 18.88B.041

text:
(1) The following long-term care workers are not required to become a certified home care aide pursuant to this chapter:
(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-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.
(B) A person who was initially hired as a long-term care worker prior to January 7, 2012, and who completes all of the training requirements in effect as of the date the person was hired.
(ii) Individuals exempted by (a)(i) of this subsection may obtain certification as a home care aide without fulfilling the training requirements in RCW 74.39A.074(1)(d)(ii) but must successfully complete a certification examination pursuant to RCW 18.88B.031.
(b) All long-term care workers employed by community residential service businesses.
(c)(i) A long-term care worker providing in-home care and caring only for the worker's child or parent, including when related by marriage or domestic partnership;
(ii) A long-term care worker providing in-home care and caring only for the worker's sibling, aunt, uncle, cousin, niece, nephew, grandparent, or grandchild, including when related by marriage or domestic partnership; and
(iii) A long-term care worker providing in-home care and caring only for the worker's spouse or domestic partner.
(d) A person working as a long-term care worker providing in-home care who provides 20 hours or less of nonrespite care for one person in any calendar month.
(e) A person working as a long-term care worker providing in-home care who only provides respite services and works less than 300 hours in any calendar year.
(2) A long-term care worker exempted by this section from the training requirements contained in RCW 74.39A.074 may not be prohibited from enrolling in training pursuant to that section.
(3) The department shall adopt rules to implement this section.
[ 2025 c 18 s 1; 2024 c 322 s 1; 2023 c 424 s 7; 2019 c 363 s 20; 2015 c 152 s 1; 2014 c 139 s 6; 2012 c 164 s 302; 2012 c 1 s 105 (Initiative Measure No. 1163, approved November 8, 2011).]
Notes:
Finding—Intent—Program development—Implementation—Program funding—2014 c 139: See notes following RCW 71A.16.050.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Intent—Findings—Performance audits—Spending limits—Contingent effective dates—Application—Construction—Effective date—Short title—2012 c 1 (Initiative Measure No. 1163): See notes following RCW 74.39A.056.

catchline: Exemptions from training requirements.


title: RCW 18.88B.050

text:
(1) The uniform disciplinary act, chapter 18.130 RCW, governs uncertified practice, issuance and renewal of certificates, and the discipline of persons with certificates under this chapter. The secretary shall be the disciplinary authority under this chapter.
(2) The secretary may take action to immediately suspend the certification of a home care aide upon finding that conduct of the home care aide has caused or presents an imminent threat of harm to a functionally disabled person in his or her care.
(3) If the secretary imposes suspension or conditions for continuation or renewal of certification, the suspension or conditions for continuation or renewal are effective immediately upon notice and shall continue in effect pending the outcome of any hearing.
(4) The department 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 whose certification is revoked or, if exempted from certification by RCW 18.88B.041, who has not completed his or her required training pursuant to RCW 74.39A.074.
(5) Chapter 34.05 RCW shall govern actions by the department under this section.
(6) The department shall adopt rules to implement this section.
[ 2012 c 164 s 601; 2011 1st sp.s. c 31 s 4; 2009 c 580 s 17; 2009 c 2 s 13 (Initiative Measure No. 1029, approved November 4, 2008).]
Notes:
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Effective date—2011 1st sp.s. c 31: "Except for sections 6, 10, and 14 through 17 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 15, 2011]." [ 2011 1st sp.s. c 31 s 18.]
Intent—Findings—2009 c 2 (Initiative Measure No. 1029): "It is the intent of the people through this initiative to protect the safety of and improve the quality of care to the vulnerable elderly and persons with disabilities.
The people find and declare that current procedures to train and educate long-term care workers and to protect the elderly or persons with disabilities from caregivers with a criminal background are insufficient. The people find and declare that long-term care workers for the elderly or persons with disabilities should have a federal criminal background check and a formal system of education and experiential qualifications leading to a certification test.
The people find that the quality of long-term care services for the elderly and persons with disabilities is dependent upon the competency of the workers who provide those services. To assure and enhance the quality of long-term care services for the elderly and persons with disabilities, the people recognize the need for federal criminal background checks and increased training requirements. Their establishment should protect the vulnerable elderly and persons with disabilities, bring about a more stabilized workforce, improve the quality of long-term care services, and provide a valuable resource for recruitment into long-term care services for the elderly and persons with disabilities." [ 2009 c 2 s 1 (Initiative Measure No. 1029, approved November 4, 2008).]
Construction—2009 c 2 (Initiative Measure No. 1029): "The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act." [ 2009 c 2 s 19 (Initiative Measure No. 1029, approved November 4, 2008).]
Short title—2009 c 2 (Initiative Measure No. 1029): "This act may be known and cited as the better background checks and improved training for long-term care workers for the elderly and persons with disabilities initiative of 2008." [ 2009 c 2 s 21 (Initiative Measure No. 1029, approved November 4, 2008).]


title: RCW 18.88B.060

text:
(1) The department has the authority to:
(a) Establish forms, procedures, and examinations necessary to certify home care aides pursuant to this chapter;
(b) Hire clerical, administrative, and investigative staff as needed to implement this section;
(c) Issue certification as a home care aide to any applicant who has successfully completed the home care aide examination, and renew such certificates;
(d) Maintain the official record of all applicants and persons with certificates;
(e) Exercise disciplinary authority as authorized in chapter 18.130 RCW, except that the state board of nursing has disciplinary authority over nursing assistants licensed under chapter 18.88A RCW working as long-term care workers under this chapter; and
(f) Deny certification to applicants who do not meet training, competency examination, and conduct requirements, including background checks, for certification.
(2) The department shall adopt rules that establish the procedures, including criteria for reviewing an applicant's state and federal background checks, and examinations necessary to implement this section.
[ 2025 c 5 s 18; 2012 c 164 s 303.]
Notes:
Effective dates—2025 c 5: See note following RCW 18.79.070.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.

catchline: Authority of department.


title: RCW 18.88B.070

text:
(1) The legislature recognizes that nurses have been successfully delegating nursing care tasks to family members and others for many years. The opportunity for a nurse to delegate nursing care tasks to home care aides certified under this chapter may enhance the viability and quality of health care services in community-based care settings and in-home care settings to allow individuals to live as independently as possible with maximum safeguards.
(2)(a) A certified home care aide who wishes to perform a nurse delegated task pursuant to RCW 18.79.260 must complete nurse delegation core training under chapter 18.88A RCW before the home care aide may be delegated a nursing care task by a registered nurse delegator. Before administering insulin, a home care aide must also complete the specialized diabetes nurse delegation training under chapter 18.88A RCW. Before commencing any specific nursing care tasks authorized under RCW 18.79.260, the home care aide must:
(i) Provide to the delegating nurse a transcript or certificate of successful completion of training issued by an approved instructor or approved training entity indicating the completion of basic core nurse delegation training; and
(ii) Meet any additional training requirements mandated by the state board of nursing. Any exception to these training requirements is subject to RCW 18.79.260(3)(e)(vi).
(b) In addition to meeting the requirements of (a) of this subsection, before providing delegated nursing care tasks that involve administration of insulin by injection to individuals with diabetes, the home care aide must provide to the delegating nurse a transcript or certificate of successful completion of training issued by an approved instructor or approved training entity indicating completion of specialized diabetes nurse delegation training. The training must include, but is not limited to, instruction regarding diabetes, insulin, sliding scale insulin orders, and proper injection procedures.
(3) The home care aide is accountable for his or her own individual actions in the delegation process. Home care aides accurately following written delegation instructions from a registered nurse are immune from liability regarding the performance of the delegated duties.
(4) Home care aides are not subject to any employer reprisal or disciplinary action by the secretary for refusing to accept delegation of a nursing care task based on his or her concerns about patient safety issues. No provider of a community-based care setting as defined in RCW 18.79.260, or in-home services agency as defined in RCW 70.127.010, may discriminate or retaliate in any manner against a person because the person made a complaint about the nurse delegation process or cooperated in the investigation of the complaint.
[ 2025 c 58 s 5042; 2012 c 164 s 406.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.

catchline: Nurse delegated tasks.


title: RCW 18.88B.080

text:
A long-term care worker disqualified from working with vulnerable persons under chapter 74.39A RCW may not be certified or maintain certification as a home care aide under this chapter.
[ 2023 c 223 s 1; 2012 c 164 s 501.]
Notes:
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.

catchline: Disqualification.


title: RCW 18.88B.090

text:
(1) A certificate that has been expired for five years or less may be reinstated if the person holding the expired certificate:
(a) Completes an abbreviated application form;
(b) Pays any necessary fees, including the current certification fee, late renewal fees, and expired credential reissuance fees, unless exempt pursuant to *RCW 18.88B.091;
(c) Provides a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the person holding the expired certificate from practicing as a home care aide;
(d) Provides a 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; and
(e) Submits to a state and federal background check as required by RCW 74.39A.056, if the certificate has been expired for more than one year.
(2) In addition to meeting the requirements of subsection (1) of this section, a certificate that has been expired for more than five years may be reinstated if the person holding the expired certificate demonstrates competence to the standards established by the secretary and meets other requirements established by the secretary.
[ 2023 c 424 s 3.]
Notes:
*Reviser's note: RCW 18.88B.091 expired July 1, 2025.

catchline: Reinstatement of certification.


title: RCW 18.88B.800

text:
(1) The department of health, in consultation with the department of social and health services and other relevant participants, shall:
(a) Devise a system that reduces delays between training and testing for home care aides that includes the following:
(i) Developing and implementing a plan to integrate testing into training that allows applicants to test at the same location where they train;
(ii) Allowing remote testing within home care aide training programs immediately or shortly after completion of the program; and
(iii) Determining the benefits and costs of having home care aide training programs authorize applicants to test instead of the department of health;
(b) Examine existing challenges related to a lack of testing sites and develop a plan, including an estimation of costs, to expand testing sites, which shall include the following considerations:
(i) Applicant travel time and availability of testing for comparable professions;
(ii) How many test sites are needed, where these sites should be located, and the best way to establish appropriate partnerships that can lead to new test sites;
(iii) How often test sites should be available to applicants; and
(iv) Whether there are areas of the state where a stipend for travel expenses would be beneficial and appropriate protocols for travel stipends;
(c) Establish performance measures and data collection criteria to monitor the overall length of time between training and testing and the number of available test sites;
(d) Establish accountability mechanisms for the overall training to testing process; and
(e) Establish performance-based contracts for vendors who administer the tests that include the following:
(i) All key performance measures expected, including a definition of what sufficient access to test sites entails; and
(ii) Detailed vendor costs.
(2)(a) When completing the requirements of subsection (1) of this section, the department of health shall ensure that its decisions are informed by existing data on test completion, including passage and failure rates for both parts of the examination.
(b) When conducting the examination under subsection (1)(b) of this section, the department of health shall:
(i) Use various geographic measures, including by county and by zip code; and
(ii) Conduct a survey of all approved testing locations in Washington to determine their current capacity for offering tests and their potential capacity to offer tests if not for the lack of available proctors.
(3) The department of health, in consultation with the department of social and health services and other relevant participants, shall submit to the governor and the appropriate committees of the legislature a preliminary report no later than June 30, 2024, and a final report no later than December 31, 2024, that includes a summary of the work conducted in accordance with the requirements specified in subsection (1) of this section and any recommendations for improvement.
(4) This section expires July 30, 2026.
[ 2023 c 323 s 3.]
Notes:
Finding—2023 c 323: See note following RCW 18.88B.031.

catchline: Reduction of barriers—Training and testing system—Examination of testing sites—Report. (Expires July 30, 2026.)