Title 70 — Title 70 PUBLIC HEALTH AND SAFETY
98 chapters · 1,450 sections in this title.
RCW 70.129.040 Protection of resident's funds—Financial affairs rights.
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(1) The resident has the right to manage his or her financial affairs, and the facility may not require residents to deposit their personal funds with the facility.(2) Upon written authorization of a resident, if the facility agrees to manage the resident's personal funds, the fa…
RCW 70.129.050 Privacy and confidentiality of personal and medical records.
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The resident has the right to personal privacy and confidentiality of his or her personal and clinical records.(1) Personal privacy includes accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and resident groups.…
RCW 70.129.060 Grievances.
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A resident has the right to:(1) Voice grievances. Such grievances include those with respect to treatment that has been furnished as well as that which has not been furnished; and(2) Prompt efforts by the facility to resolve grievances the resident may have, including those with …
RCW 70.129.070 Examination of survey or inspection results—Contact with client advocates.
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A resident has the right to:(1) Examine the results of the most recent survey or inspection of the facility conducted by federal or state surveyors or inspectors and plans of correction in effect with respect to the facility. A notice that the results are available must be public…
RCW 70.129.080 Mail and telephone—Privacy in communications.
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The resident has the right to privacy in communications, including the right to:(1) Send and promptly receive mail that is unopened;(2) Have access to stationery, postage, and writing implements at the resident's own expense; and(3) Have reasonable access within a reasonable time…
RCW 70.129.090 Advocacy, access, and visitation rights.
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(1) The resident has the right and the facility must not interfere with access to any resident by the following:(a) Any representative of the state;(b) The resident's individual physician;(c) The state long-term care ombuds as established under chapter 43.190 RCW;(d) The agency r…
RCW 70.129.100 Personal property—Storage space.
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(1) The resident has the right to retain and use personal possessions, including some furnishings, and appropriate clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents.(2) The facility shall, upon request, provide the …
RCW 70.129.105 Waiver of liability and resident rights limited.
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No long-term care facility or nursing facility licensed under chapter 18.51 RCW shall require or request residents to sign waivers of potential liability for losses of personal property or injury, or to sign waivers of residents' rights set forth in this chapter or in the applica…
RCW 70.129.110 Disclosure, transfer, and discharge requirements.
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(1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless:(a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;(b) The safety of…
RCW 70.129.120 Restraints—Physical or chemical.
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The resident has the right to be free from physical restraint or chemical restraint. This section does not require or prohibit facility staff from reviewing the judgment of the resident's physician in prescribing psychopharmacologic medications.[ 1994 c 214 s 13.]
RCW 70.129.130 Abuse, punishment, seclusion—Background checks.
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The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.(1) The facility must not use verbal, mental, sexual, or physical abuse, including corporal punishment or involuntary seclusion.(2) Subject to ava…
RCW 70.129.140 Quality of life—Rights.
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(1) The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality.(2) Within reasonable facility rules designed to protect the rights and quality of lif…
RCW 70.129.150 Disclosure of fees and notice requirements—Deposits.
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(1) Prior to admission, all long-term care facilities or nursing facilities licensed under chapter 18.51 RCW that require payment of an admissions fee, deposit, or a minimum stay fee, by or on behalf of a person seeking admission to the long-term care facility or nursing facility…
RCW 70.129.160 Ombuds implementation duties.
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The long-term care ombuds shall monitor implementation of this chapter and determine the degree to which veterans' homes, nursing facilities, adult family homes, enhanced services facilities, and assisted living facilities ensure that residents are able to exercise their rights. …
RCW 70.129.170 Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative.
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The legislature intends that long-term care facility or nursing home residents, their family members or guardians, the long-term care ombuds, protection and advocacy personnel identified in RCW 70.129.110(5) (e) and (f), and others who may seek to assist long-term care facility o…
RCW 70.129.180 Facility's policy on accepting medicaid as a payment source—Disclosure.
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(1) A long-term care facility must fully disclose to residents the facility's policy on accepting medicaid as a payment source. The policy shall clearly state the circumstances under which the facility provides care for medicaid eligible residents and for residents who may later …
RCW 70.129.185 Training materials for leadership and staff—Local health jurisdictions.
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The department of social and health services and the department of health, in collaboration with the state office of the long-term care ombuds and representatives of long-term care facilities, shall develop training materials to educate the leadership and staff of local health ju…
RCW 70.129.190 Essential support person.
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(1) In circumstances in which limitations must be placed on resident visitation due to a public health emergency or other threat to the health and safety of the residents and staff of a facility or nursing home, residents must still be allowed access to an essential support perso…
RCW 70.129.901 Conflict with federal requirements—1994 c 214.
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If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies dire…
RCW 70.136.010 Legislative intent.
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It is the intent of the legislature to promote and encourage advance planning, cooperation, and mutual assistance between applicable political subdivisions of the state and persons with equipment, personnel, and expertise in the handling of hazardous materials incidents, by estab…
RCW 70.136.020 Definitions.
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The definitions set forth in this section apply throughout RCW 70.136.010 through 70.136.070.(1) "Hazardous materials" means:(a) Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, o…
RCW 70.136.030 Incident command agencies—Designation by political subdivisions.
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The governing body of each applicable political subdivision of this state shall designate a hazardous materials incident command agency within its respective boundaries, and file this designation with the director of commerce. In designating an incident command agency, the politi…
RCW 70.136.035 Incident command agencies—Assistance from state patrol.
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In political subdivisions where an incident command agency has been designated, the Washington state patrol shall continue to respond with a supervisor to provide assistance to the incident command agency.[ 1987 c 238 s 3.]
RCW 70.136.040 Incident command agencies—Emergency assistance agreements.
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Hazardous materials incident command agencies, so designated by all applicable political subdivisions of the state, are authorized and encouraged, prior to a hazardous materials incident, to enter individually or jointly into written hazardous materials emergency assistance agree…
RCW 70.136.050 Persons and agencies rendering emergency aid in hazardous materials incidents—Immunity from liability—Limitations.
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An incident command agency in the good faith performance of its duties, is not liable for civil damages resulting from any act or omission in the performance of its duties, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.Any person or pub…
RCW 70.136.060 Written emergency assistance agreements—Terms and conditions—Records.
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Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions:(1) The person or public agency requested to assist shall not be obligated to assist;(2) The person or public agency req…
RCW 70.136.070 Verbal emergency assistance agreements—Good Samaritan law—Notification—Form.
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(1) Verbal hazardous materials emergency assistance agreements may be entered into at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident…
RCW 70.136.080 Type 1 or 2 hazardous material spill or release—Public meeting.
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(1) If a type 1 or 2 hazardous material spill or release occurs, the department of ecology must provide for at least one public meeting to inform the public about the hazardous material spill or release.(2) A public meeting conducted under this section must allow for remote parti…
RCW 70.155.005 Legislative findings.
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(1) The legislature finds that chapter 15, Laws of 2019 furthers the public health, safety, and welfare by reducing youth access to addictive and harmful products.(2) While present state law prohibits the sale and distribution of tobacco and vapor products to youth under the age …
RCW 70.155.010 Definitions.
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*** CHANGE IN 2026 *** (SEE 6113-S.SL) ***The definitions set forth in RCW 82.24.010 apply to this chapter. In addition, for the purposes of this chapter, unless otherwise required by the context:(1) "Board" means the Washington state liquor and cannabis board.(2) "Internet" mean…
RCW 70.155.020 Cigarette wholesaler or retailer licensee duties—Prohibition sign to be posted.
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A person who holds a license issued under RCW 82.24.520 or 82.24.530 shall:(1) Display the license or a copy in a prominent location at the outlet for which the license is issued; and(2) Display a sign concerning the prohibition of tobacco sales to persons under the age of twenty…
RCW 70.155.030 Cigarette machine location.
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(1) No person shall sell or permit to be sold any tobacco product through any device that mechanically dispenses tobacco products unless the device is located fully within premises from which persons under the age of twenty-one are prohibited or in industrial worksites where pers…
RCW 70.155.040 Cigarettes must be sold in original package—Exception.
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No person shall sell or permit to be sold cigarettes not in the original unopened package or container to which the stamps required by RCW 82.24.060 have been affixed.This section does not apply to the sale of loose leaf tobacco by a retail business that generates a minimum of si…
RCW 70.155.050 Sampling prohibited—Penalty.
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(1) No person may engage in the business of sampling tobacco products.(2) A violation of this section is a misdemeanor.[ 2006 c 14 s 3; 1993 c 507 s 6.]Notes:Reviser's note: In an order on motion for reconsideration and request for stay pending appeal dated September 25, 2006, th…
RCW 70.155.070 Coupons.
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No person shall give or distribute cigarettes or other tobacco products to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store.[ 1993 c 507 s 8.]
RCW 70.155.080 Purchasing, possessing by persons under 18—Civil infraction—Jurisdiction.
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(1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to participation in up to four hours of community serv…
RCW 70.155.090 Age identification requirement.
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(1) Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer or agent thereof , shall require the purchaser to present any one of the following officially issued identification that shows the purchaser's age and bears…
RCW 70.155.100 Penalties, sanctions, and actions against licensees.
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(1) The liquor and cannabis board may suspend or revoke a retailer's license issued under RCW 82.24.510(1)(b) or 82.26.150(1)(b) held by a business at any location, or may impose a monetary penalty as set forth in subsection (3) of this section, if the liquor and cannabis board f…
RCW 70.155.110 Liquor and cannabis board authority.
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(1) The board shall, in addition to the board's other powers and authorities, have the authority to enforce the provisions of this chapter and RCW 26.28.080 and 82.24.500. The board shall have full power to revoke or suspend the license of any retailer or wholesaler in accordance…
RCW 70.155.120 Youth tobacco and vapor products prevention account—Source and use of funds.
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(1) The youth tobacco and vapor products prevention account is created in the state treasury. All fees collected pursuant to RCW 70.155.100(3)(b), 82.24.520, 82.24.530, 82.26.160, and 82.26.170 and funds collected by the board from the imposition of monetary penalties shall be de…
RCW 70.155.130 Preemption of political subdivisions.
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This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1…
RCW 70.155.140 Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited—Penalty.
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(1) A person may not:(a) Ship or transport, or cause to be shipped or transported, any tobacco product ordered or purchased by mail or through the internet to anyone in this state other than a licensed wholesaler or retailer; or(b) With knowledge or reason to know of the violatio…
RCW 70.155.150 Licensee compliance with certain other laws.
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(1) A person who holds a license issued under chapter 82.24 or 82.26 RCW or RCW 70.345.020 must conduct the business and maintain the premises in compliance with Titles 9 and 9A RCW and chapter 69.50 RCW.(2) The board may revoke or suspend a license issued under chapter 82.24 or …
RCW 70.157.005 Findings and purpose.
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(a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related d…
RCW 70.157.010 Definitions.
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(a) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.(b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common…
RCW 70.157.020 Requirements.
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Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after May 18, 1999, shall do one of the following:(a) become a participating manufacturer (as that ter…
RCW 70.157.030 Contingent expiration date—Court action.
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If chapter 342, Laws of 2003 is held by a court of competent jurisdiction to be unconstitutional, then RCW 70.157.020(b)(2)(B) shall be repealed in its entirety. If RCW 70.157.020(b)(2) shall thereafter be held by a court of competent jurisdiction to be unconstitutional, then cha…
RCW 70.158.010 Findings.
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The legislature finds that violations of RCW 70.157.020 threaten the integrity of the tobacco master settlement agreement, the fiscal soundness of the state, and the public health. The legislature finds the enacting procedural enhancements will help prevent violations and aid the…
RCW 70.158.020 Definitions.
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The following definitions apply to this chapter unless the context clearly requires otherwise.(1) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not li…
RCW 70.158.030 Tobacco product manufacturers—Certification—Attorney general to publish directory—Violations.
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(1) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a wholesaler, distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the attorney general a certification to th…