Title 18 — Title 18 BUSINESSES AND PROFESSIONS
113 chapters · 2,288 sections in this title.
RCW 18.20.010 Purpose.
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The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the maintenance and operation of assisted living facilities, which, in the light of advancing knowledge, will promote safe and adequate care of the individuals therein. …
RCW 18.20.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Adult day services" means care and services provided to a nonresident individual by the assisted living facility on the assisted living facility premises, for a period…
RCW 18.20.030 License required.
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(1) After January 1, 1958, no person shall operate or maintain an assisted living facility as defined in this chapter within this state without a license under this chapter.(2) An assisted living facility license is not required for the housing, or services, that are customarily …
RCW 18.20.040 Application for license.
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An application for a license shall be made to the department upon forms provided by the department and shall contain such information as the department reasonably requires, which shall include affirmative evidence of ability to comply with such rules as are lawfully adopted by th…
RCW 18.20.050 Licenses—Issuance—Renewal—Provisional licenses—Fees—Display—Surrender, relinquishment—Change in licensee—Refusal of renewal, when—Copy of decision.
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(1)(a) Upon receipt of an application for license, if the applicant and the facilities of the assisted living facility meet the requirements established under this chapter, the department may issue a license. If there is a failure to comply with the provisions of this chapter or …
RCW 18.20.090 Rules, regulations, and standards.
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The department shall adopt, amend, and promulgate such rules, regulations, and standards with respect to all assisted living facilities and operators thereof to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting saf…
RCW 18.20.095 Resident contact information—Department requirements and duties.
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(1) The department shall require each assisted living facility to:(a) Create and regularly maintain a current resident roster containing the name and room number of each resident and provide a written copy immediately upon an in-person request from any long-term care ombuds;(b) C…
RCW 18.20.110 Inspection of assisted living facilities—Approval of changes or new facilities.
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(1) The department shall make or cause to be made, at least every eighteen months with an annual average of fifteen months, an inspection and investigation of all assisted living facilities. However, the department may delay an inspection to twenty-four months if the assisted liv…
RCW 18.20.115 Quality improvement consultation program—Principles.
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The department shall, within available funding for this purpose, develop and make available to assisted living facilities a quality improvement consultation program using the following principles:(1) The system shall be resident-centered and promote privacy, independence, dignity…
RCW 18.20.125 Inspections—Enforcement remedies—Screening—Limitations on unsupervised access to vulnerable adults.
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(1) Inspections must be outcome based and responsive to resident complaints and based on a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to facilities, residents, and other interested parties. This includes …
RCW 18.20.126 Screening—Certificates of parental improvement.
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Assisted living facilities, as defined in this chapter, may not automatically deny a prospective volunteer or employee solely because of a founded finding of child abuse or neglect involving the individual revealed in the record check or a court finding or a court finding that th…
RCW 18.20.130 Fire protection—Duties of chief of the Washington state patrol.
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Standards for fire protection and the enforcement thereof, with respect to all assisted living facilities to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt such recognized st…
RCW 18.20.140 Operating without license—Penalty.
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Any person operating or maintaining any assisted living facility without a license under this chapter shall be guilty of a misdemeanor and each day of a continuing violation shall be considered a separate offense.[ 2012 c 10 s 9; 1957 c 253 s 14.]Notes:Application—2012 c 10: See …
RCW 18.20.150 Operating without license—Injunction.
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Notwithstanding the existence or use of any other remedy, the department, may, in the manner provided by law, upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other proc…
RCW 18.20.160 Persons requiring medical or nursing care.
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No person operating an assisted living facility licensed under this chapter shall admit to or retain in the assisted living facility any aged person requiring nursing or medical care of a type provided by institutions licensed under chapters 18.51, 70.41 or 71.12 RCW, except that…
RCW 18.20.170 Facilities operated by religious organizations.
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Nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents in any assisted living facility conducted for those who rely upon treatment by pr…
RCW 18.20.180 Resident rights.
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RCW 70.129.005 through 70.129.030, 70.129.040, and 70.129.050 through 70.129.170 apply to this chapter and persons regulated under this chapter.[ 2011 1st sp.s. c 3 s 303; 1994 c 214 s 21.]Notes:Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.Conflict with fe…
RCW 18.20.184 Communication system—Telephones and other equipment.
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(1) Each assisted living facility shall be responsive to incoming communications and respond within a reasonable time to phone and electronic messages.(2) Each assisted living facility must have a communication system, including a sufficient quantity of working telephones and oth…
RCW 18.20.185 Complaints—Toll-free telephone number—Investigation and referral—Rules—Retaliation prohibited.
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(1) The department shall establish and maintain a toll-free telephone number for receiving complaints regarding a facility that the department licenses.(2) All facilities that are licensed under this chapter shall post in a place and manner clearly visible to residents and visito…
RCW 18.20.190 Department response to noncompliance or violations.
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(1) The department of social and health services is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that an assisted living facility provider has:(a) Failed or refused to comply with the requirements…
RCW 18.20.195 Disputed violations, enforcement remedies—Informal dispute resolution process.
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(1) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal dispute resolution process…
RCW 18.20.210 License suspension—Noncompliance with support order—Reissuance.
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The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has co…
RCW 18.20.220 Residential care contracted services, conversion to—Requirements.
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For the purpose of encouraging a nursing home licensed under chapter 18.51 RCW to convert a portion or all of its licensed bed capacity to provide enhanced adult residential care contracted services under chapter 74.39A RCW, the department shall:(1) Find the nursing home to be in…
RCW 18.20.230 Training standards review—Proposed enhancements.
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(1) The department of social and health services shall review, in coordination with the department of health, the state board of nursing, adult family home providers, assisted living facility providers, in-home personal care providers, and long-term care consumers and advocates, …
RCW 18.20.250 Federal funding programs, opportunities—Secretary's duty to comply.
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The secretary may adopt rules and policies as necessary to entitle the state to participate in federal funding programs and opportunities and to facilitate state and federal cooperation in programs under the department's jurisdiction. The secretary shall ensure that any internal …
RCW 18.20.270 Long-term caregiver training.
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(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Caregiver" includes any person who provides residents with hands-on personal care on behalf of an assisted living facility, except volunteers who are directly s…
RCW 18.20.280 General responsibility for each resident.
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(1) The assisted living facility must assume general responsibility for each resident and must promote each resident's health, safety, and well-being consistent with the resident negotiated care plan.(2) The assisted living facility is not required to supervise the activities of …
RCW 18.20.290 Holding a medicaid eligible resident's room or unit—Payment rates.
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(1) When an assisted living facility contracts with the department to provide adult residential care services, enhanced adult residential care services, or assisted living services under chapter 74.39A RCW, the assisted living facility must hold a medicaid eligible resident's roo…
RCW 18.20.300 Domiciliary care services—Scope of services—Disclosure form.
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(1) An assisted living facility, licensed under this chapter, may provide domiciliary care services, as defined in this chapter, and shall disclose the scope of care and services that it chooses to provide.(2) The assisted living facility licensee shall disclose to the residents,…
RCW 18.20.305 Disclosure to nonresidents.
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(1) An assisted living facility must provide each nonresident a disclosure statement upon admission and at the time that additional services are requested by a nonresident.(2) The disclosure statement shall notify the nonresident that:(a) The resident rights of chapter 70.129 RCW…
RCW 18.20.310 Assistance with activities of daily living.
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(1) Assisted living facilities are not required to provide assistance with one or more activities of daily living.(2) If an assisted living facility licensee chooses to provide assistance with activities of daily living, the licensee shall provide at least the minimal level of as…
RCW 18.20.320 Health support services.
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(1) The assisted living facility licensee may choose to provide any of the following health support services, however, the facility may or may not need to provide additional health support services to comply with the reasonable accommodation requirements in federal or state law:(…
RCW 18.20.330 Intermittent nursing services.
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(1) Assisted living facilities are not required to provide intermittent nursing services. The assisted living facility licensee may choose to provide any of the following intermittent nursing services through appropriately licensed and credentialed staff, however, the facility ma…
RCW 18.20.340 Resident's family member administers medications or treatment—Written primary or alternate plan—Licensee's duty of care/negligence.
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(1) An assisted living facility licensee may permit a resident's family member to administer medications or treatments or to provide medication or treatment assistance to the resident. The licensee shall disclose to the department, residents, the residents' legal representative i…
RCW 18.20.350 Preadmission assessment—Initial resident service plan—Respite care.
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(1) The assisted living facility licensee shall conduct a preadmission assessment for each resident applicant. The preadmission assessment shall include the following information, unless unavailable despite the best efforts of the licensee:(a) Medical history;(b) Necessary and co…
RCW 18.20.360 Full reassessment of resident.
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(1) The assisted living facility licensee shall within fourteen days of the resident's date of move-in, unless extended by the department for good cause, and thereafter at least annually, complete a full reassessment addressing the following:(a) The individual's recent medical hi…
RCW 18.20.370 Negotiated service agreement.
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(1) The assisted living facility licensee shall complete a negotiated service agreement using the preadmission assessment, initial resident service plan, and full reassessment information obtained under RCW 18.20.350 and 18.20.360. The licensee shall include the resident and the …
RCW 18.20.380 Provision of outside services—Licensee's duty of care/negligence.
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(1) The assisted living facility licensee shall permit the resident, or the resident's legal representative if any, to independently arrange for or contract with a practitioner licensed under Title 18 RCW regulating health care professions, or a home health, hospice, or home care…
RCW 18.20.390 Quality assurance committee.
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(1) To ensure the proper delivery of services and the maintenance and improvement in quality of care through self-review, any assisted living facility licensed under this chapter may maintain a quality assurance committee that, at a minimum, includes:(a) A licensed registered nur…
RCW 18.20.400 Correction of violation/deficiency—Not included in facility report.
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If during an inspection, reinspection, or complaint investigation by the department, an assisted living facility corrects a violation or deficiency that the department discovers, the department shall record and consider such violation or deficiency for purposes of the facility's …
RCW 18.20.410 Standards for small assisted living facilities—Study.
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The department of health, the department, and the building code council shall develop standards for small assisted living facilities between seven and sixteen beds that address at least the following issues:(1) Domestic food refrigeration and freezer storage;(2) Sinks and sink pl…
RCW 18.20.415 Rule-making authority.
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The department of health and the department of social and health services may adopt rules to implement RCW 18.20.410.[ 2005 c 505 s 2.]
RCW 18.20.420 Temporary management.
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(1) If the department determines that the health, safety, or welfare of residents is immediately jeopardized by an assisted living facility's failure or refusal to comply with the requirements of this chapter or the rules adopted under this chapter, and the department summarily s…
RCW 18.20.430 Assisted living facility temporary management account.
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The assisted living facility temporary management account is created in the custody of the state treasurer. All receipts from civil penalties imposed under this chapter must be deposited into the account. Only the director or the director's designee may authorize expenditures fro…
RCW 18.20.440 Withdrawal from medicaid program—Notice—Duties.
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(1) If an assisted living facility voluntarily withdraws from participation in a state medicaid program for residential care and services under chapter 74.39A RCW, but continues to provide services of the type provided by assisted living facilities, the facility's voluntary withd…
RCW 18.20.500 Information for consumers.
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The department shall provide information to consumers about assisted living facilities. This information must be made available online and must include information related to site visits, substantiated inspection and complaint investigation reports, including any citation and rem…
RCW 18.20.510 Work group—Quality metrics.
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(1) The department shall facilitate a work group process to recommend quality metrics for assisted living facilities. The department shall keep a public record of comments submitted by stakeholders throughout the work group process.(2) The work group shall consist of representati…
RCW 18.20.520 Stop placement orders and limited stop placement orders.
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The department must require an assisted living facility that is subject to a stop placement order or limited stop placement order under RCW 18.20.190 to publicly post in a conspicuous place at the facility a standardized notice that the department has issued a stop placement orde…
RCW 18.20.525 Disaster preparedness plan.
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(1) Each assisted living facility shall develop and maintain a comprehensive disaster preparedness plan to be followed in the event of a disaster or emergency, including fires, earthquakes, floods, extreme heat, extreme cold, infectious disease outbreaks, loss of power or water, …
RCW 18.20.530 Multistate nurse license—Conditions of employment.
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(1) Beginning September 1, 2023, and annually thereafter, individuals that hold a multistate nurse license issued by a state other than Washington and are employed by assisted living facilities licensed under this chapter shall complete any demographic data surveys required by th…