Title 70 — Title 70 PUBLIC HEALTH AND SAFETY
98 chapters · 1,450 sections in this title.
RCW 70.128.005 Findings—Intent.
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(1) The legislature finds that:(a) Adult family homes are an important part of the state's long-term care system. Adult family homes provide an alternative to institutional care and promote a high degree of independent living for residents.(b) Persons with functional limitations …
RCW 70.128.007 Purpose.
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The purposes of this chapter are to:(1) Encourage the establishment and maintenance of adult family homes that provide a humane, safe, and residential home environment for persons with functional limitations who need personal and special care;(2) Establish standards for regulatin…
RCW 70.128.010 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six a…
RCW 70.128.030 Exemptions.
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*** CHANGE IN 2026 *** (SEE 2505-S.SL) ***The following residential facilities shall be exempt from the operation of this chapter:(1) Nursing homes licensed under chapter 18.51 RCW;(2) Assisted living facilities licensed under chapter 18.20 RCW;(3) Facilities approved and certifi…
RCW 70.128.040 Adoption of rules and standards—Negotiated rule making—Specialty license.
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(1) The department shall adopt rules and standards with respect to adult family homes and the operators thereof to be licensed under this chapter to carry out the purposes and requirements of this chapter. The rules and standards relating to applicants and operators shall address…
RCW 70.128.043 Negotiated rule making—Statewide unit of licensees—Intent.
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(1) Solely for the purposes of negotiated rule making pursuant to RCW 34.05.310(2)(a) and 70.128.040, a statewide unit of all adult family home licensees is appropriate. As of July 22, 2007, the exclusive representative of adult family home licensees in the statewide unit shall b…
RCW 70.128.050 License—Required as of July 1, 1990—Limitations.
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(1) After July 1, 1990, no person shall operate or maintain an adult family home in this state without a license under this chapter.(2) Couples legally married or state registered domestic partners:(a) May not apply for separate licenses; and(b) May apply jointly to be coprovider…
RCW 70.128.055 Operating without a license—Misdemeanor.
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A person operating or maintaining an adult family home without a license under this chapter is guilty of a misdemeanor. Each day of a continuing violation after conviction is considered a separate offense.[ 1991 c 40 s 1.]
RCW 70.128.057 Operating without a license—Injunction or civil penalty.
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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, civil penalty…
RCW 70.128.058 Operating without a license—Application of consumer protection act.
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The legislature finds that the operation of an adult family home without a license in violation of this chapter is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an adult family home without …
RCW 70.128.060 License—Generally—Fees.
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(1) An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires.(2) Subject to the provisions of this section, the department shall issue a license to an adult family home if the dep…
RCW 70.128.064 Priority processing for license applications—Provisional license.
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(1) A provisional license permits the operation of an adult family home for a period of time to be determined by the department, not to exceed twelve months, and is not subject to renewal. A provisional license may be issued:(a) When a currently licensed adult family home provide…
RCW 70.128.065 Multiple facility operators—Requirements—Licensure of additional homes.
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(1) A multiple facility operator must successfully demonstrate to the department financial solvency and management experience for the homes under its ownership and the ability to meet other relevant safety, health, and operating standards pertaining to the operation of multiple h…
RCW 70.128.066 Seven or eight bed adult family homes—Requirements—Licensure.
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(1) An applicant requesting to increase bed capacity to seven or eight beds must successfully demonstrate to the department financial solvency and management experience for the home under its ownership and the ability to meet other relevant safety, health, and operating standards…
RCW 70.128.070 License—Inspections—Correction of violations.
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(1) A license shall remain valid unless voluntarily surrendered, suspended, or revoked in accordance with this chapter.(2)(a) Homes applying for a license shall be inspected at the time of licensure.(b)(i) Homes licensed by the department shall be inspected at least every eightee…
RCW 70.128.080 License and inspection report—Availability for review.
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An adult family home shall have readily available for review by the department, residents, and the public:(1) Its license to operate; and(2) A copy of each inspection report received by the home from the department for the past three years.[ 1995 1st sp.s. c 18 s 23; 1989 c 427 s…
RCW 70.128.090 Inspections—Generally.
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(1) During inspections of an adult family home, the department shall have access and authority to examine areas and articles in the home used to provide care or support to residents, including residents' records, accounts, and the physical premises, including the buildings, groun…
RCW 70.128.100 Immediate suspension of license when conditions warrant.
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The department has the authority to immediately suspend a license if it finds that conditions there constitute an imminent danger to residents.[ 1989 c 427 s 32.]
RCW 70.128.105 Injunction if conditions warrant.
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The department may commence an action in superior court to enjoin the operation of an adult family home if it finds that conditions there constitute an imminent danger to residents.[ 1991 c 40 s 3.]
RCW 70.128.110 Prohibition against recommending unlicensed home—Report and investigation of unlicensed home.
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(1) No public agency contractor or employee shall place, refer, or recommend placement of a person into an adult family home that is operating without a license.(2) Any public agency contractor or employee who knows that an adult family home is operating without a license shall r…
RCW 70.128.120 Adult family home provider, applicant, resident manager—Minimum qualifications.
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Each adult family home provider, applicant, and each resident manager shall have the following minimum qualifications, except that only applicants are required to meet the provisions of subsections (10) and (11) of this section:(1) Twenty-one years of age or older;(2) For those a…
RCW 70.128.122 Adult family homes licensed by Indian tribes.
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The legislature recognizes that adult family homes located within the boundaries of a federally recognized Indian reservation may be licensed by the Indian tribe. The department may pay for care for persons residing in such homes, if there has been a tribal or state criminal back…
RCW 70.128.125 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 302; 1994 c 214 s 24.]Notes:Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.Conflict with fe…
RCW 70.128.130 Adult family homes—Requirements.
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(1) The provider is ultimately responsible for the day-to-day operations of each licensed adult family home.(2) The provider shall promote the health, safety, and well-being of each resident residing in each licensed adult family home.(3) Adult family homes shall be maintained in…
RCW 70.128.135 Compliance with chapter 70.24 RCW.
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Adult family homes shall comply with the provisions of chapter 70.24 RCW.[ 2001 c 319 s 9.]
RCW 70.128.140 Compliance with local codes and state and local fire safety regulations.
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(1) Each adult family home shall meet applicable local licensing, zoning, building, and housing codes, and state and local fire safety regulations as they pertain to a single-family residence. It is the responsibility of the home to check with local authorities to ensure all loca…
RCW 70.128.150 Adult family homes to work with local quality assurance projects—Interference with representative of ombuds program—Penalty.
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Whenever possible, adult family homes are encouraged to contact and work with local quality assurance projects such as the volunteer ombuds with the goal of assuring high quality care is provided in the home.An adult family home may not willfully interfere with a representative o…
RCW 70.128.155 Resident contact information—Department requirements and duties.
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(1) The department shall require each adult family home 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) Create a…
RCW 70.128.160 Department authority to take actions in response to noncompliance or violations—Civil penalties—Adult family home account.
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(1) The department 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 adult family home provider has:(a) Failed or refused to comply with the requirements of this chapter or the rules adopted…
RCW 70.128.163 Temporary management program—Purposes—Voluntary participation—Temporary management duties, duration—Rules.
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(1) When the department has summarily suspended a license, the licensee may, subject to the department's approval, elect to participate in a temporary management program. All provisions of this section shall apply.The purposes of a temporary management program are as follows:(a) …
RCW 70.128.167 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 70.128.170 Homes relying on prayer for healing—Application of chapter.
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Nothing in this chapter or the rules adopted under it may be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents in any adult family home conducted by and for the adherents of a church or religious denomination who rely …
RCW 70.128.200 Toll-free telephone number for complaints—Discrimination or retaliation prohibited.
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(1) The department shall maintain a toll-free telephone number for receiving complaints regarding adult family homes.(2) An adult family home shall post in a place and manner clearly visible to residents and visitors the department's toll-free complaint telephone number.(3) No ad…
RCW 70.128.210 Training standards review—Delivery system—Issues reviewed—Report to the legislature.
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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 70.128.220 Elder care—Professionalization of providers.
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Adult family homes have developed rapidly in response to the health and social needs of the aging population in community settings, especially as the aging population has increased in proportion to the general population. The growing demand for elder care with a new focus on issu…
RCW 70.128.230 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 all adult family home resident managers and any person who provides residents with hands-on personal care on behalf of an adult family home,…
RCW 70.128.240 Approval system—Department-approved training—Adoption of rules.
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By March 1, 2002, the department must, by rule, create an approval system for those seeking to conduct department-approved training under RCW 70.128.230, * 70.128.120 (5) and (6), and ** 70.128.130(10). The department shall adopt rules based on recommendations of the community lo…
RCW 70.128.250 Required training and continuing education—Food safety training and testing.
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The department shall implement, as part of the required training and continuing education, food safety training and testing integrated into the curriculum that meets the standards established by the state board of health pursuant to chapter 69.06 RCW. Individual food handler perm…
RCW 70.128.260 Limitation on restrictive covenants.
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(1) To effectuate the public policies of this chapter, restrictive covenants may not limit, directly or indirectly:(a) Persons with disabilities from living in an adult family home licensed under this chapter; or(b) Persons and legal entities from operating adult family homes lic…
RCW 70.128.270 Legislative intent—Enacting recommendations included in the adult family home quality assurance panel report.
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(1) The protection of vulnerable residents living in adult family homes and other long-term care facilities in the state is a matter of ongoing concern and grave importance. In 2011, the legislature examined problems with the quality of care and oversight of adult family homes in…
RCW 70.128.280 Required disclosure—Forms—Decrease in scope of care, services, activities—Notice—Increased needs of a resident—Denial of admission to a prospective resident—Department website.
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(1) In order to enhance the selection of an appropriate adult family home, all adult family homes licensed under this chapter shall disclose the scope of, and charges for, the care, services, and activities provided by the home or customarily arranged for by the home. The disclos…
RCW 70.128.290 Correction of a violation or deficiency—Not included in a home's report—Criteria.
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(1) If during an inspection, reinspection, or complaint investigation by the department, an adult family home corrects a violation or deficiency that the department discovers, the department shall record and consider such violation or deficiency for purposes of the home's complia…
RCW 70.128.300 Services for adult family home residents with a primary need of care related to a developmental or intellectual disability—Services for residents of adult family homes dedicated solely to dementia care—Design and implementation—Recommendations.
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(1) Subject to the availability of amounts appropriated for this specific purpose, the developmental disabilities administration within the department shall work with stakeholders to design and implement services for individuals living in adult family homes who have a primary nee…
RCW 70.128.305 Adult family home training network—Requirements.
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(1) If the department has any contracts for personal care services with any adult family home represented by an exclusive bargaining representative:(a) Effective July 1, 2020, training required under this chapter for adult family homes must be available through an adult family ho…
RCW 70.128.306 Stop placement orders and limited stop placement orders.
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The department must require an adult family home that is subject to a stop placement order or limited stop placement order under RCW 70.128.160 to publicly post in a conspicuous place at the adult family home a standardized notice that the department has issued a stop placement o…
RCW 70.128.310 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 adult family homes licensed under this chapter shall complete any demographic data surveys required by the board …
RCW 70.128.901 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …