WAC 246-841A-770

(1) In any complaint where the board identifies practice deficiencies, the board may resolve the matter through the early remediation program.

(2) The board shall use the following criteria to determine eligibility for early remediation:

(a) The identified practice deficiencies could be corrected by remedial education, practice monitoring within six months or less, and patient protection does not require significant long-term practice limits;

(b) The nursing assistant is willing and able to participate in the early remediation program;

(c) The nursing assistant's current employer agrees to participate in the action plan if required;

(d) The nursing assistant has no current charges or disciplinary history of unprofessional conduct and has not previously participated in an action plan; and

(e) The degree of patient harm suffered as a result of the nursing assistant's substandard practice is minor, if any.

(3) The board shall use the following process to implement the early remediation program:

(a) After a preliminary investigation identifies the practice deficiencies, the board will apply criteria in subsection (2)(a) through (e) of this section to determine eligibility for early remediation;

(b) If all of the criteria are met, and if the board determines the nursing assistant is eligible for participation in the early remediation program, the board shall propose an action plan to the nursing assistant;

(c) If the nursing assistant complies with the agreed action plan, the board may consider the nursing assistant's completion of the action plan as grounds to close the matter without further action;

(d) The board shall evaluate whether the practice deficiencies have been corrected and are unlikely to recur; and

(e) The board may decide to conduct a full investigation and consider disciplinary action if additional facts become known or circumstances change such that the nursing assistant is no longer eligible based on the criteria in subsection (2)(a) through (e) of this section.