WAC 246-980-120. Home care aide — Application — Conviction data — Criteria for denial or conditional license

(1) An applicant who has any criminal history may be denied certification or may be granted certification with conditions pursuant to RCW 18.130.055 . (2) In determining whether to deny certification or grant certification with conditions due to an applicant's criminal history, the department may consider, but is not limited to, the following factors: (a) The severity of the crime as classified under law; (b) The number of convictions and whether the applicant has exhibited a pattern of criminal conduct; (c) The amount of time elapsed since the date of conviction or the date of offense; (d) The amount of time the applicant has spent in the community after release from custody; (e) Whether any conviction is listed by the department of social and health services as a disqualifying crime, including those offenses listed in RCW 43.43.830 (7), (8), or (9); (f) Whether the applicant has complied with court-ordered conditions such as treatment, restitution, or other remedial or rehabilitative measures; (g) Other remediation or rehabilitation by the applicant subsequent to the conviction date; (h) Whether the applicant disclosed the conviction on the certification application; and (i) Any other factor relating to the applicant's ability to practice as a home care aide with reasonable skill and safety. (3) A long-term care worker disqualified from working with vulnerable persons under chapter 74.39A RCW may not be certified as a home care aide.