Revised Code of Washington
Chapter 43.43 - Washington State Patrol.
43.43.837 - Fingerprint-based background checks—Requirements for applicants and service providers—Shared background checks—Fees—Rules to establish financial responsibility.

RCW 43.43.837
Fingerprint-based background checks—Requirements for applicants and service providers—Shared background checks—Fees—Rules to establish financial responsibility.

(1) Except as provided in subsection (2) of this section, in order to determine the character, competence, and suitability of any applicant or service provider to have unsupervised access, the secretary of the department of social and health services and the secretary of the department of children, youth, and families may require a fingerprint-based background check through both the Washington state patrol and the federal bureau of investigation at any time, but shall require a fingerprint-based background check when the applicant or service provider has resided in the state less than three consecutive years before application, and:
(a) Is an applicant or service provider providing services to children or people with developmental disabilities under RCW 74.15.030;
(b) Is an individual sixteen years of age or older who: (i) Is not under the placement and care authority of the department of children, youth, and families; and (ii) resides in an applicant or service provider's home, facility, entity, agency, or business or who is authorized by the department of children, youth, and families to provide services to children under RCW 74.15.030;
(c) Is an individual who is authorized by the department of social and health services to provide services to people with developmental disabilities under RCW 74.15.030; or
(d) Is an applicant or service provider providing in-home services funded by:
(i) Medicaid personal care under RCW 74.09.520;
(ii) Community options program entry system waiver services under RCW 74.39A.030;
(iii) Chore services under RCW 74.39A.110; or
(iv) Other home and community long-term care programs, established pursuant to chapters 74.39 and 74.39A RCW, administered by the department of social and health services.
(2) Long-term care workers, as defined in RCW 74.39A.009, who are hired after January 7, 2012, are subject to background checks under RCW 74.39A.056.
(3) To satisfy the shared background check requirements provided for in RCW 43.216.270 and 43.20A.710, the department of children, youth, and families and the department of social and health services shall share federal fingerprint-based background check results as permitted under the law. The purpose of this provision is to allow both departments to fulfill their joint background check responsibility of checking any individual who may have unsupervised access to vulnerable adults, children, or juveniles. Neither department may share the federal background check results with any other state agency or person.
(4) The secretary of the department of children, youth, and families shall require a fingerprint-based background check through the Washington state patrol identification and criminal history section and the federal bureau of investigation when the department seeks to approve an applicant or service provider for a foster or adoptive placement of children in accordance with federal and state law. Fees charged by the Washington state patrol and the federal bureau of investigation for fingerprint-based background checks shall be paid by the department of children, youth, and families for applicant and service providers providing foster care as required in RCW 74.15.030.
(5) Any secure facility operated by the department of social and health services or the department of children, youth, and families under chapter 71.09 RCW shall require applicants and service providers to undergo a fingerprint-based background check through the Washington state patrol identification and criminal history section and the federal bureau of investigation.
(6) Service providers and service provider applicants, except for those long-term care workers exempted in subsection (2) of this section, who are required to complete a fingerprint-based background check may be hired for a one hundred twenty-day provisional period as allowed under law or program rules when:
(a) A fingerprint-based background check is pending; and
(b) The applicant or service provider is not disqualified based on the immediate result of the background check.
(7) Fees charged by the Washington state patrol and the federal bureau of investigation for fingerprint-based background checks shall be paid by the applicable department for applicants or service providers providing:
(a) Services to people with a developmental disability under RCW 74.15.030;
(b) In-home services funded by medicaid personal care under RCW 74.09.520;
(c) Community options program entry system waiver services under RCW 74.39A.030;
(d) Chore services under RCW 74.39A.110;
(e) Services under other home and community long-term care programs, established pursuant to chapters 74.39 and 74.39A RCW, administered by the department of social and health services or the department of children, youth, and families;
(f) Services in, or to residents of, a secure facility under RCW 71.09.115; and
(g) For fiscal year 2023, applicants for child care and early learning services to children under RCW 43.216.270.
(8) Service providers licensed under RCW 74.15.030 must pay fees charged by the Washington state patrol and the federal bureau of investigation for conducting fingerprint-based background checks.
(9) Department of children, youth, and families service providers licensed under RCW 74.15.030 may not pass on the cost of the background check fees to their applicants unless the individual is determined to be disqualified due to the background information.
(10) The department of social and health services and the department of children, youth, and families shall develop rules identifying the financial responsibility of service providers, applicants, and the department for paying the fees charged by law enforcement to roll, print, or scan fingerprints-based for the purpose of a Washington state patrol or federal bureau of investigation fingerprint-based background check.
(11) For purposes of this section, unless the context plainly indicates otherwise:
(a) "Applicant" means a current or prospective department of social and health services, department of children, youth, and families, or service provider employee, volunteer, student, intern, researcher, contractor, or any other individual who will or may have unsupervised access because of the nature of the work or services he or she provides. "Applicant" includes but is not limited to any individual who will or may have unsupervised access and is:
(i) Applying for a license or certification from the department of social and health services or the department of children, youth, and families;
(ii) Seeking a contract with the department of social and health services, the department of children, youth, and families, or a service provider;
(iii) Applying for employment, promotion, reallocation, or transfer;
(iv) An individual that a department of social and health services or department of children, youth, and families client or guardian of a department of social and health services or department of children, youth, and families client chooses to hire or engage to provide services to himself or herself or another vulnerable adult, juvenile, or child and who might be eligible to receive payment from the department of social and health services or the department of children, youth, and families for services rendered; or
(v) A department of social and health services or department of children, youth, and families applicant who will or may work in a department-covered position.
(b) "Authorized" means the department of social and health services or the department of children, youth, and families grants an applicant, home, or facility permission to:
(i) Conduct licensing, certification, or contracting activities;
(ii) Have unsupervised access to vulnerable adults, juveniles, and children;
(iii) Receive payments from a department of social and health services or department of children, youth, and families program; or
(iv) Work or serve in a department of social and health services or department of children, youth, and families-covered position.
(c) "Secretary" means the secretary of the department of social and health services.
(d) "Secure facility" has the meaning provided in RCW 71.09.020.
(e) "Service provider" means entities, facilities, agencies, businesses, or individuals who are licensed, certified, authorized, or regulated by, receive payment from, or have contracts or agreements with the department of social and health services or the department of children, youth, and families to provide services to vulnerable adults, juveniles, or children. "Service provider" includes individuals whom a department of social and health services or department of children, youth, and families client or guardian of a department of social and health services or department of children, youth, and families client may choose to hire or engage to provide services to himself or herself or another vulnerable adult, juvenile, or child and who might be eligible to receive payment from the department of social and health services or the department of children, youth, and families for services rendered.

[ 2022 c 297 § 954; 2021 c 203 § 2; 2019 c 470 § 12; 2017 3rd sp.s. c 6 § 225; 2012 c 164 § 506; 2011 1st sp.s. c 31 § 17; 2011 c 253 § 2; 2009 c 580 § 6; 2007 c 387 § 1.]
NOTES:

Effective date—2022 c 297: See note following RCW 43.79.565.


Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.


Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.


Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.


Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.43 - Washington State Patrol.

43.43.005 - Comprehensive outreach and marketing strategic plan.

43.43.010 - Patrol created.

43.43.012 - Chief for a day program.

43.43.013 - Donations, gifts, conveyances, devises, and grants.

43.43.015 - Affirmative action.

43.43.020 - Appointment of personnel.

43.43.030 - Powers and duties—Peace officers.

43.43.035 - Governor, lieutenant governor, and governor-elect—Security and protection—Duty to provide.

43.43.037 - Legislature—Security and protection—Duty to provide.

43.43.040 - Disability of patrol officers.

43.43.050 - Tenure of patrol officers.

43.43.060 - Suspension or demotion of probationary officers.

43.43.070 - Discharge of probationary officers—Discharge, demotion, or suspension of nonprobationary officers—Complaint—Hearing.

43.43.080 - Criminal complaint—Authority to suspend officer—Hearing.

43.43.090 - Procedure at hearing.

43.43.100 - Review of order.

43.43.110 - Reinstatement on acquittal.

43.43.111 - Patrol officer vehicle accidents.

43.43.112 - Private law enforcement off-duty employment—Guidelines.

43.43.115 - Real property—Sale or disposal of surplus—Distribution of proceeds.

43.43.120 - Patrol retirement system—Definitions.

43.43.130 - Retirement fund created—Membership.

43.43.135 - Membership in more than one retirement system.

43.43.137 - Reestablishment of service credit by former members who are members of the public employees' retirement system—Conditions.

43.43.138 - Establishing, restoring service credit.

43.43.139 - Membership while serving as state legislator—Conditions.

43.43.142 - Retirement board abolished—Transfer of powers, duties, and functions.

43.43.165 - Board may receive contributions from any source.

43.43.220 - Retirement fund—Expenses.

43.43.230 - Total service credit.

43.43.233 - Purchase of additional service credit—Costs—Rules.

43.43.235 - Service credit for paid leave of absence.

43.43.240 - Legal adviser.

43.43.250 - Retirement of members.

43.43.260 - Benefits—Military service credit.

43.43.263 - Effect of certain accumulated vacation leave on retirement benefits.

43.43.264 - Benefit calculation—Limitation.

43.43.270 - Retirement allowances—Survivors of disabled members—Members commissioned before January 1, 2003.

43.43.271 - Retirement allowances—Members commissioned on or after January 1, 2003—Court-approved property settlement.

43.43.274 - Minimum retirement allowance—Annual adjustment.

43.43.278 - Retirement option.

43.43.280 - Repayment of contributions on death or termination of employment—Election to receive reduced retirement allowance at age fifty-five.

43.43.285 - Special death benefit—Course of employment—Occupational disease or infection—Annual adjustment.

43.43.286 - Rights reserved to the legislature—No future contractual rights.

43.43.290 - Status in case of disablement.

43.43.295 - Accumulated contributions—Payment upon death of member.

43.43.310 - Benefits exempt from taxation and legal process—Assignability—Exceptions—Deductions for group insurance premiums or for state patrol memorial foundation contributions.

43.43.315 - Optional actuarially equivalent life annuity benefit.

43.43.320 - Penalty for falsification.

43.43.330 - Examinations for promotion.

43.43.340 - Eligible list, and promotions therefrom—Affirmative action.

43.43.350 - Determination of eligibility for examination for promotion.

43.43.360 - Probationary period.

43.43.370 - Staff or technical officers.

43.43.380 - Minimum salaries—Report.

43.43.390 - Bicycle awareness program—Generally.

43.43.395 - Ignition interlock devices—Standards—Compliance.

43.43.3952 - Ignition interlock devices—Officer required to report violations—Liability.

43.43.396 - Ignition interlock devices—Fee schedule and fee collection—Report—Fee deposit.

43.43.400 - Aquatic invasive species inspection and training.

43.43.480 - Routine traffic enforcement information.

43.43.490 - Routine traffic enforcement information—Data collection—Training materials on racial profiling.

43.43.500 - Crime information center—Established—Purpose—Functions.

43.43.510 - Crime information center—Files of general assistance to law enforcement agencies established—Runaway children—Information publicly available.

43.43.530 - Crime information center—Cost of terminal facilities.

43.43.540 - Sex offenders and kidnapping offenders—Central registry—Reimbursement to counties.

43.43.545 - Statewide sexual assault kit tracking system.

43.43.546 - Statewide sexual assault kit tracking system—Participation by bureau of forensic laboratory services.

43.43.550 - Traffic safety education officers—Powers—Pay and reimbursement.

43.43.560 - Automatic fingerprint information system—Report.

43.43.570 - Automatic fingerprint identification system—Conditions for local establishment or operation—Rules.

43.43.580 - Firearms background check unit—Automated firearms background check system—Fee.

43.43.585 - Washington background check advisory board.

43.43.590 - State firearms background check system account.

43.43.600 - Drug control assistance unit—Created.

43.43.610 - Drug control assistance unit—Duties.

43.43.620 - Drug control assistance unit—Additional duties—Information system on violations—Inter-unit communications network.

43.43.630 - Drug control assistance unit—Use of existing facilities and systems.

43.43.640 - Drug control assistance unit—Certain investigators exempt from state civil service act.

43.43.650 - Drug control assistance unit—Employment of necessary personnel.

43.43.655 - Drug control assistance unit—Special narcotics enforcement unit.

43.43.670 - Bureau of forensic laboratory services—Powers—Priorities.

43.43.680 - Controlled substance, simulator solution analysis—Prima facie evidence.

43.43.690 - Crime laboratory analysis fee—Court imposition—Collection.

43.43.700 - Identification and criminal history section.

43.43.705 - Identification data—Processing procedure—Definitions.

43.43.710 - Availability of information.

43.43.715 - Identification—Cooperation with other criminal justice agencies.

43.43.720 - Local identification and records systems—Assistance.

43.43.725 - Records as evidence.

43.43.730 - Records—Inspection—Copying—Requests for purge or modification—Appeals.

43.43.735 - Photographing and fingerprinting—Powers and duties of law enforcement agencies—Other data.

43.43.740 - Photographing and fingerprinting—Transmittal of data.

43.43.742 - Submission of fingerprints taken from persons for noncriminal purposes—Fees.

43.43.745 - Convicted persons, fingerprinting required, records—Furloughs, information to section, notice to local agencies—Arrests, disposition information—Convicts, information to section, notice to local agencies—Registration of sex offenders.

43.43.750 - Use of force to obtain identification information—Liability.

43.43.751 - Biological samples for missing persons investigations.

43.43.752 - DNA identification system—Plan—Report.

43.43.753 - Findings—DNA identification system—DNA database—DNA data bank.

43.43.7532 - DNA identification system—DNA database account.

43.43.754 - DNA identification system—Biological samples—Collection, use, testing—Scope and application of section.

43.43.7541 - DNA identification system—Collection of biological samples—Fee.

43.43.756 - DNA identification system—Analysis, assistance, and testimony services.

43.43.758 - DNA identification system—Local law enforcement systems—Limitations.

43.43.759 - DNA identification system—Rule-making requirements.

43.43.760 - Personal identification—Requests—Purpose—Applicants—Fee.

43.43.762 - Criminal street gang database—Information exempt from public disclosure.

43.43.765 - Reports of transfer, release or changes as to committed or imprisoned persons—Records.

43.43.770 - Unidentified deceased persons.

43.43.775 - Interagency contracts.

43.43.780 - Transfer of records, data, equipment to section.

43.43.785 - Criminal justice services—Consolidation—Establishment of program.

43.43.800 - Criminal justice services programs—Duties of executive committee.

43.43.810 - Obtaining information by false pretenses—Unauthorized use of information—Falsifying records—Penalty.

43.43.815 - Conviction record furnished to employer—Purposes—Notification to subject of record—Fees—Limitations—Injunctive relief, damages, attorneys' fees—Disclaimer of liability—Rules.

43.43.820 - Stale records.

43.43.822 - County sheriff to forward registration information—Felony firearm offense conviction database—Exempt from public disclosure.

43.43.823 - Incorporation of denied firearm transaction records—Removal of record, when required—Notice—Rules.

43.43.825 - Guilty plea or conviction for certain felony crimes—Notification of state patrol—Transmission of information to the department of health.

43.43.830 - Background checks—Access to children or vulnerable persons—Definitions.

43.43.832 - Background checks—Disclosure of information—Sharing of criminal background information by health care facilities.

43.43.8321 - Background checks—Dissemination of conviction record information.

43.43.833 - Background checks—State immunity.

43.43.834 - Background checks by business, organization, or insurance company—Limitations—Civil liability.

43.43.836 - Disclosure to individual of own record—Fee.

43.43.837 - Fingerprint-based background checks—Requirements for applicants and service providers—Shared background checks—Fees—Rules to establish financial responsibility.

43.43.838 - Record checks—Transcript of conviction record—Fees—Immunity—Rules.

43.43.839 - Fingerprint identification account.

43.43.840 - Notification to licensing agency of employment termination for certain crimes against persons.

43.43.842 - Vulnerable adults—Additional licensing requirements for agencies, facilities, and individuals providing services.

43.43.845 - Notification of conviction or guilty plea of certain felony crimes—Transmittal of information to superintendent of public instruction.

43.43.850 - Organized crime intelligence unit—Created.

43.43.852 - "Organized crime" defined.

43.43.854 - Powers and duties of organized crime intelligence unit.

43.43.856 - Divulging investigative information prohibited—Confidentiality—Security of records and files.

43.43.870 - Missing children clearinghouse and hotline, duties of state patrol.

43.43.874 - Missing and murdered indigenous women, other indigenous persons—Liaison positions.

43.43.876 - Missing and murdered indigenous women, other indigenous persons—Protocol—Training.

43.43.880 - Agreements with contiguous states—Jointly occupied ports of entry—Collection of fees and taxes.

43.43.885 - Scrap metal no-buy list database program.

43.43.887 - Scrap metal no-buy list database program—Washington association of sheriffs and police chiefs not liable for civil damages.

43.43.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

43.43.930 - State fire protection services—Intent.

43.43.934 - Director of fire protection—Duties.

43.43.938 - Director of fire protection—Appointment—Duties.

43.43.939 - Director of fire protection—Adoption of minimum standard requirements for before-school and after-school programs.

43.43.940 - Fire service training program—Grants and bequests.

43.43.942 - Fire service training—Fees and fee schedules.

43.43.944 - Fire service training account.

43.43.946 - Fire services trust fund.

43.43.948 - Fire services trust fund—Expenditures.

43.43.950 - Fire service training center bond retirement account of 1977.

43.43.952 - Arson investigation information system—Findings—Intent.

43.43.960 - State fire service mobilization—Definitions.

43.43.961 - State fire service mobilization—Legislative declaration and intent.

43.43.962 - State fire service mobilization—State fire services mobilization plan—State fire resources coordinator.

43.43.963 - State fire service mobilization—Regional fire defense boards—Regional fire service plans—Regions established.

43.43.964 - State fire service mobilization—Development of reimbursement procedures.

43.43.965 - State fire service mobilization—Plan use for purposes other than fire suppression—Annual report.

43.43.970 - Law enforcement mobilization—Definitions.

43.43.971 - Law enforcement mobilization—State law enforcement mobilization policy board—State law enforcement mobilization plan.

43.43.972 - Law enforcement mobilization—Local law enforcement request for mobilization—State law enforcement resource coordinator—Mobilization response—Declaration of end of mobilization.

43.43.973 - State law enforcement mobilization—State law enforcement coordinator—Duties.

43.43.974 - State law enforcement mobilization—Regions established—Regional law enforcement mobilization committees—Regional law enforcement mobilization plans.

43.43.975 - State law enforcement mobilization—Development of reimbursement procedures—Eligibility of nonhost law enforcement authority for reimbursement.