Title 70 — Title 70 PUBLIC HEALTH AND SAFETY
98 chapters · 1,450 sections in this title.
RCW 70.38.015 Declaration of public policy.
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It is declared to be the public policy of this state:(1) That strategic health planning efforts must be supported by appropriately tailored regulatory activities that can effectuate the goals and principles of the statewide health resources strategy developed pursuant to chapter …
RCW 70.38.018 Statewide health resources strategy—Consistency—Waivers.
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(1) For the purposes of this section and RCW 70.38.015 and 70.38.135, "statewide health resource strategy" or "strategy" means the statewide health resource strategy developed by the office of financial management pursuant to chapter 43.370 RCW.(2) Effective January 1, 2010, for …
RCW 70.38.025 Definitions.
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When used in this chapter, the terms defined in this section shall have the meanings indicated.(1) "Board of health" means the state board of health created pursuant to chapter 43.20 RCW.(2) "Capital expenditure" is an expenditure, including a force account expenditure (i.e., an …
RCW 70.38.095 Public disclosure.
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Public accessibility to records shall be accorded by health systems agencies pursuant to Public Law 93-641 and chapter 42.56 RCW. A health systems agency shall be considered a "public agency" for the sole purpose of complying with the public records act, chapter 42.56 RCW.[ 2005 …
RCW 70.38.105 Health services and facilities requiring certificate of need—Fees.
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(1) The department is authorized and directed to implement the certificate of need program in this state pursuant to the provisions of this chapter.(2) There shall be a state certificate of need program which is administered consistent with the requirements of federal law as nece…
RCW 70.38.111 Certificates of need—Exemptions.
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(1) The department shall not require a certificate of need for the offering of an inpatient tertiary health service by:(a) A health maintenance organization or a combination of health maintenance organizations if (i) the organization or combination of organizations has, in the se…
RCW 70.38.115 Certificates of need—Procedures—Rules—Criteria for review—Conditional certificates of need—Concurrent review—Review periods—Hearing—Adjudicative proceeding—Amended certificates of need.
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(1) Certificates of need shall be issued, denied, suspended, or revoked by the designee of the secretary in accord with the provisions of this chapter and rules of the department which establish review procedures and criteria for the certificate of need program.(2) Criteria for t…
RCW 70.38.118 Certificates of need—Applications submitted by hospice agencies.
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All certificate of need applications submitted by hospice agencies for the construction, development, or other establishment of a facility to be licensed as either a hospital under chapter 70.41 RCW or as a nursing home under chapter 18.51 RCW, for the purpose of operating the fu…
RCW 70.38.125 Certificates of need—Issuance—Duration—Penalties for violations.
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(1) A certificate of need shall be valid for two years. One six-month extension may be made if it can be substantiated that substantial and continuing progress toward commencement of the project has been made as defined by regulations to be adopted pursuant to this chapter.(2) A …
RCW 70.38.128 Certificates of need—Elective percutaneous coronary interventions—Rules.
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To promote the stability of Washington's cardiac care delivery system, by July 1, 2008, the department of health shall adopt rules establishing criteria for the issuance of a certificate of need under this chapter for the performance of elective percutaneous coronary intervention…
RCW 70.38.135 Services and surveys—Rules.
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The secretary shall have authority to:(1) Provide when needed temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee-for-service basis; (2) Make or cause to be made such on-s…
RCW 70.38.155 Certificates of need—Savings—1979 ex.s. c 161.
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The enactment of this chapter shall not have the effect of terminating, or in any way modifying the validity of any certificate of need which shall already have been issued prior to *the effective date of this act.[ 1979 ex.s. c 161 s 15.]Notes:*Reviser's note: For "the effective…
RCW 70.38.156 Certificates of need—Savings—1980 c 139.
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The enactment of this chapter as amended shall not have the effect of terminating, or in any way modifying the validity of any certificate of need which shall already have been issued prior to *the effective date of this 1980 act.[ 1980 c 139 s 11.]Notes:*Reviser's note: For "the…
RCW 70.38.157 Certificates of need—Savings—1983 c 235.
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The enactment of amendments to chapter 70.38 RCW by chapter 235, Laws of 1983 shall not have the effect of terminating or in any way modifying the validity of a certificate of need which was issued prior to *the effective date of this 1983 act.[ 1983 c 235 s 11.]Notes:*Reviser's …
RCW 70.38.158 Certificates of need—Savings—1989 1st ex.s. c 9 ss 601 through 607.
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The enactment of *sections 601 through 607 of this act shall not have the effect of terminating, or in any way modifying, the validity of any certificate of need which shall already have been issued prior to July 1, 1989.[ 1989 1st ex.s. c 9 s 608.]Notes:*Reviser's note: "Section…
RCW 70.38.220 Ethnic minorities—Nursing home beds that reflect cultural differences.
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(1) The legislature recognizes that in this state ethnic minorities currently use nursing home care at a lower rate than the general population. The legislature also recognizes and supports the federal mandate that nursing homes receiving federal funds provide residents with a ho…
RCW 70.38.230 Residential hospice care centers—Defined—Change in bed capacity—Applicability of chapter.
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(1) A change in bed capacity at a residential hospice care center shall not be subject to certificate of need review under this chapter if the department determined prior to June 1994 that the construction, development, or other establishment of the residential hospice care cente…
RCW 70.38.250 Redistribution and addition of beds—Determination.
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(1) The need for projects identified in *RCW 70.38.240 shall be determined using the individual planning area's estimated nursing home bed need ratio and includes but is not limited to the following criteria:(a) The current capacity of nursing homes and other long-term care servi…
RCW 70.38.260 Certain hospitals not subject to certificate of need requirements for the addition of the number of new psychiatric beds.
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(1) For a grant awarded during fiscal years 2018 and 2019 by the department of commerce under this section, hospitals licensed under chapter 70.41 RCW and behavioral health hospitals licensed as establishments under chapter 71.12 RCW are not subject to certificate of need require…
RCW 70.38.270 Psychiatric beds added under RCW 70.38.260.
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(1) New psychiatric beds added under RCW 70.38.260 must remain psychiatric beds unless a certificate of need is granted to change their use or the hospital or psychiatric hospital voluntarily reduces its licensed capacity.(2) This section expires June 30, 2029.[ 2024 c 165 s 3; 2…
RCW 70.38.280 Kidney disease centers—Emergency certificate of need exemptions.
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(1) Notwithstanding RCW 70.38.105(4)(h), a kidney disease center may be granted an exemption to exceed its authorized number of dialysis stations during a temporary emergency situation upon approval of the department.(2) A temporary emergency situation is defined to include:(a) N…
RCW 70.38.905 Conflict with federal law—Construction.
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In any case where the provisions of this chapter may directly conflict with federal law, or regulations promulgated thereunder, the federal law shall supersede and be paramount as necessary to the receipt of federal funds by the state.[ 1983 c 235 s 12; 1979 ex.s. c 161 s 16.]
RCW 70.38.914 Pending certificates of need—1983 c 235.
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A certificate of need application which was submitted and declared complete, but upon which final action had not been taken prior to *the effective date of this act, shall be reviewed and action taken based on chapter 70.38 RCW, as in effect prior to *the effective date of this a…
RCW 70.38.915 Effective dates—Pending certificates of need—1979 ex.s. c 161.
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(1) *Sections 10, 11, 12, and 21 shall take effect on January 1, 1980.(2) Any certificate of need application which was submitted and declared complete, but upon which final action had not been taken prior to January 1, 1980, shall be reviewed and action taken based on chapter 70…
RCW 70.38.916 Effective date—1980 c 139.
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*Sections 7, 8, and 10 of this 1980 act shall take effect January 1, 1981.[ 1980 c 139 s 14.]Notes:Reviser's note: *(1) "Sections 7, 8, and 10 of this 1980 act" consist of amendments to RCW 70.38.105, 70.38.115, and 70.38.125.(2) The effective date of those remaining sections of …
RCW 70.38.918 Effective dates—Pending certificates of need—1989 1st ex.s. c 9.
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Any certificate of need application which was submitted and declared complete, but upon which final action had not been taken prior to July 1, 1989, shall be reviewed and action taken based on chapter 70.38 RCW, as in effect prior to July 1, 1989, and the rules adopted thereunder…
RCW 70.38.920 Short title.
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This act may be cited as the "State Health Planning and Resources Development Act".[ 1979 ex.s. c 161 s 22.]