Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0010 - What definitions apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
"Applicant"
means an employee, volunteer,
				  student, intern, licensee, service provider, contractor, or other individual
				  who is the subject of the background check and who will work in a position that
				  may have unsupervised access, as defined in
				  RCW
				  43.43.830 to minors or vulnerable
				  adults.
"Authorized entity"
means a service provider,
				  licensee, contractor, or other public or private agency that:
(1) Is required to conduct background checks under the rules
				  listed in WAC
				  388-113-0005;
				  and
(2) Is authorized to conduct the background checks through
				  the background check central unit.
"Background check"
means a name and date of
				  birth check or a fingerprint-based background check, or both.
"Background check central unit (BCCU)"
means a
				  division within the department that processes background checks for department
				  authorized service providers and department programs who serve vulnerable
				  individuals across Washington state.
"Background check result"
means a notification
				  letter produced by the BCCU that describes the outcome of the background check,
				  as described in WAC 388-113-0101, but does not, by itself, include criminal
				  history record information (CHRI).
"Criminal history record information"
means the
				  information found in the Records of Arrests and Prosecutions (RAP) sheet about
				  a person's arrests and convictions.
"Department"
means the Washington state
				  department of social and health services and its designees.
"Drug"
means a:
(1) Controlled substance as defined in
				  RCW
				  69.50.101;
(2) Legend drug, as defined in
				  RCW
				  69.41.010;
(3) Precursor drug under Chapter 69.43 RCW; or
(4) Imitation controlled substance, as defined in
				  RCW
				  69.52.020.
"Final finding"
is described in WAC
				  388-71-0105.
"Founded"
is defined in WAC
				  110-30-0020.
"Fingerprint-based background check"
means a
				  search of in-state criminal history records through the Washington state patrol
				  and national criminal history records through the Federal Bureau of
				  Investigation (FBI).
"Individual provider (IP)"
as defined in
				  RCW
				  74.39A.240.
"Minor"
means any person under the age of 18 who
				  is receiving services from a program or facility under chapter 388-71 WAC, Home
				  and community services and programs, chapter 388-106 WAC, Long-term care
				  services, chapter 388-76 WAC, Adult family home minimum licensing requirements,
				  chapter 388-78A WAC, Assisted living facility licensing rules, chapter 388-97
				  WAC, Nursing homes, chapter 388-101 WAC, Certified community residential
				  services and supports, chapter 388-107 WAC, Licensing requirements for enhanced
				  service facilities, or chapter 388-825 WAC, Developmental disabilities
				  administration service rules.
"Name and date of birth check"
is a search
				  conducted by the background check central unit (BCCU) of Washington state
				  criminal history and negative action records using the applicant's name and
				  date of birth.
"Negative Action"
means actions as described in
				  WAC
				  388-113-0030.
"Pending charge"
means a criminal charge for a
				  crime has been filed in a court of law for which the department has not
				  received documentation showing the disposition of the charge.
"Record of Arrest and Prosecution (RAP sheet)"
means a record kept by law-enforcement authorities of a person's arrests and
				  convictions.
"Requesting entity"
means the person or entity
				  that requested the background check from the background check central unit
				  (BCCU).
"Unsupervised access"
is described in
				  RCW
				  43.43.830(13).
"Vulnerable adult"
is defined in
				  RCW
				  74.34.020(17).