RCW 43.70.005
Intent.
The legislature finds and declares that it is of importance to the people of Washington state to live in a healthy environment and to expect a minimum standard of quality in health care. The legislature further finds that the social and economic vitality of the state depends on a healthy and productive population. The legislature further declares where it is a duty of the state to assure a healthy environment and minimum standards of quality in health care facilities and among health care professionals, the ultimate responsibility for a healthy society lies with the citizens themselves.
For these reasons, the legislature recognizes the need for a strong, clear focus on health issues in state government and among state health agencies to give expression to the needs of individual citizens and local communities as they seek to preserve the public health. It is the intent of the legislature to form such focus by creating a single department in state government with the primary responsibilities for the preservation of public health, monitoring health care costs, the maintenance of minimal standards for quality in health care delivery, and the general oversight and planning for all the state's activities as they relate to the health of its citizenry.
Further, it is the intent of the legislature to improve illness and injury prevention and health promotion, and restore the confidence of the citizenry in the efficient and accountable expenditure of public funds on health activities that further the mission of the agency via grants and contracts, and to ensure that this new health agency delivers quality health services in an efficient, effective, and economical manner that is faithful and responsive to policies established by the legislature.
[
2005 c 32 s 1
;
1989 1st ex.s. c 9 s 101
.]
RCW 43.70.010
Definitions.
As used in this chapter, unless the context indicates otherwise:
(1) "Assessment" means the regular collection, analysis, and sharing of information about health conditions, risks, and resources in a community. Assessment activities identify trends in illness, injury, and death and the factors that may cause these events. They also identify environmental risk factors, community concerns, community health resources, and the use of health services. Assessment includes gathering statistical data as well as conducting epidemiologic and other investigations and evaluations of health emergencies and specific ongoing health problems;
(2) "Board" means the state board of health;
(3) "Department" means the department of health;
(4) "Policy development" means the establishment of social norms, organizational guidelines, operational procedures, rules, ordinances, or statutes that promote health or prevent injury, illness, or death; and
(5) "Secretary" means the secretary of health.
[
1995 c 269 s 2201
;
1994 sp.s. c 7 s 206
;
1989 1st ex.s. c 9 s 102
.]
NOTES:
Effective date
—
Part headings not law
—
Severability
—
1995 c 269:
See notes following RCW 18.16.050
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
RCW 43.70.020
Department created.
(1) There is hereby created a department of state government to be known as the department of health. The department shall be vested with all powers and duties transferred to it by chapter 9, Laws of 1989 1st ex. sess. and such other powers and duties as may be authorized by law. The main administrative office of the department shall be located in the city of Olympia. The secretary may establish administrative facilities in other locations, if deemed necessary for the efficient operation of the department, and if consistent with the principles set forth in subsection (2) of this section.
(2) The department of health shall be organized consistent with the goals of providing state government with a focus in health and serving the people of this state. The legislature recognizes that the secretary needs sufficient organizational flexibility to carry out the department's various duties. To the extent practical, the secretary shall consider the following organizational principles:
(a) Clear lines of authority which avoid functional duplication within and between subelements of the department;
(b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the legislature, the consumer, and the general public;
(c) Maximum span of control without jeopardizing adequate supervision;
(d) A substate or regional organizational structure for the department's health service delivery programs and activities that encourages joint working agreements with local health departments and that is consistent between programs;
(e) Decentralized authority and responsibility, with clear accountability;
(f) A single point of access for persons receiving like services from the department which would limit the number of referrals between divisions.
(3) The department shall provide leadership and coordination in identifying and resolving threats to the public health by:
(a) Working with local health departments and local governments to strengthen the state and local governmental partnership in providing public protection;
(b) Developing intervention strategies;
(c) Providing expert advice to the executive and legislative branches of state government;
(d) Providing active and fair enforcement of rules;
(e) Working with other federal, state, and local agencies and facilitating their involvement in planning and implementing health preservation measures;
(f) Providing information to the public; and
(g) Carrying out such other related actions as may be appropriate to this purpose.
(4) In accordance with the administrative procedure act, chapter
34.05
RCW, the department shall ensure an opportunity for consultation, review, and comment by the department's clients before the adoption of standards, guidelines, and rules.
(5) Consistent with the principles set forth in subsection (2) of this section, the secretary may create such administrative divisions, offices, bureaus, and programs within the department as the secretary deems necessary. The secretary shall have complete charge of and supervisory powers over the department, except where the secretary's authority is specifically limited by law.
(6) The secretary shall appoint such personnel as are necessary to carry out the duties of the department in accordance with chapter
41.06
RCW.
(7) The secretary shall appoint the state health officer and such deputy secretaries, assistant secretaries, and other administrative positions as deemed necessary consistent with the principles set forth in subsection (2) of this section. All persons who administer the necessary divisions, offices, bureaus, and programs, and five additional employees shall be exempt from the provisions of chapter
41.06
RCW. The officers and employees appointed under this subsection shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the state civil service law.
(8) The secretary shall administer family services and programs to promote the state's policy as provided in RCW 74.14A.025
.
[
1992 c 198 s 8
;
1989 1st ex.s. c 9 s 103
.]
RCW 43.70.030
Secretary of health.
The executive head and appointing authority of the department shall be the secretary of health. The secretary shall be appointed by, and serve at the pleasure of, the governor in accordance with RCW 43.17.020
. The secretary shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040
.
[
1989 1st ex.s. c 9 s 104
.]
RCW 43.70.040
Secretary's powers
—
Rule-making authority
—
Report to the legislature.
In addition to any other powers granted the secretary, the secretary may:
(1) Adopt, in accordance with chapter
34.05
RCW, rules necessary to carry out the provisions of chapter 9, Laws of 1989 1st ex. sess.:  PROVIDED, That for rules adopted after July 23, 1995, the secretary may not rely solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule;
(2) Appoint such advisory committees as may be necessary to carry out the provisions of chapter 9, Laws of 1989 1st ex. sess. Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050
and
43.03.060
. The secretary and the board of health shall review each advisory committee within their jurisdiction and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed;
(3) Undertake studies, research, and analysis necessary to carry out the provisions of chapter 9, Laws of 1989 1st ex. sess. in accordance with RCW 43.70.050
;
(4) Delegate powers, duties, and functions of the department to employees of the department as the secretary deems necessary to carry out the provisions of chapter 9, Laws of 1989 1st ex. sess.;
(5) Enter into contracts and enter into and distribute grants on behalf of the department to carry out the purposes of chapter 9, Laws of 1989 1st ex. sess. The department must report to the legislature a summary of the grants distributed under this authority, for each year of the first biennium after the department receives authority to distribute grants under this section, and make it electronically available;
(6) Act for the state in the initiation of, or the participation in, any intergovernmental program to the purposes of chapter 9, Laws of 1989 1st ex. sess.; or
(7) Solicit and accept gifts, grants, bequests, devises, or other funds from public and private sources.
[
2005 c 32 s 2
;
2001 c 80 s 2
;
1995 c 403 s 105
;
1989 1st ex.s. c 9 s 106
.]
NOTES:
Findings
—
Intent
—
2001 c 80:
"(1) The legislature finds that developing, creating, and maintaining partnerships between the public and private sectors can enhance and augment current public health services. The legislature further finds that the department of health should have the ability to establish such partnerships, and seek out and accept gifts, grants, and other funding to advance worthy public health goals and programs.
(2) It is the intent of the legislature that gifts and other funds received by the department of health under the authority granted by RCW 43.70.040
may be used to expand or enhance program operations so long as program standards established by the department are maintained, but may not supplant or replace funds for federal, state, county, or city-supported programs." [
2001 c 80 s 1
.]
Findings
—
Short title
—
Intent
—
1995 c 403:
See note following RCW 34.05.328
.
RCW 43.70.041
Five-year formal review process of existing rules.
The department of health must establish and perform, within existing funds, a formal review process of its existing rules every five years. The goal of the review is to decrease the numbers of, simplify the process, and decrease the time required for obtaining licenses, permits, and inspections, as applicable, in order to reduce the regulatory burden on businesses without compromising public health and safety. Benchmarks must be adopted to assess the effectiveness of streamlining efforts. The department must establish a process for effectively applying sunset provisions to rules when applicable. The department must report back to the applicable committees of the legislature with its review process and benchmarks by January 2014.
[
2013 2nd sp.s. c 30 s 4
.]
NOTES:
Findings
—
Intent
—
2013 2nd sp.s. c 30:
See note following RCW 43.21A.081
.
RCW 43.70.045
Warren Featherstone Reid Award for Excellence in Health Care.
There is created an award to honor and recognize cost-effective and quality health care services. This award shall be known as the "Warren Featherstone Reid Award for Excellence in Health Care."
[
1994 c 7 s 2
.]
NOTES:
Finding
—
1994 c 7:
"The legislature recognizes the critical importance of ensuring that all Washington residents have access to quality and affordable health care. The legislature further recognizes that substantial improvements can be made in health care delivery when providers, including health care facilities, are encouraged to continuously strive for excellence in quality management practices, value, and consumer satisfaction. The legislature finds that when centers of quality are highlighted and honored publicly they become examples for other health care providers to emulate, thereby further promoting the implementation of improved health care delivery processes." [
1994 c 7 s 1
.]
RCW 43.70.047
Warren Featherstone Reid Award for Excellence in Health Care.
The governor, in conjunction with the secretary of health, shall identify and honor health care providers and facilities in Washington state who exhibit exceptional quality and value in the delivery of health services. The award shall be given annually consistent with the availability of qualified nominees. The secretary may appoint an advisory committee to assist in the selection of nominees, if necessary.
[
1994 c 7 s 3
.]
RCW 43.70.050
Collection, use, and accessibility of health-related data.
(1) The legislature intends that the department and board promote and assess the quality, cost, and accessibility of health care throughout the state as their roles are specified in chapter 9, Laws of 1989 1st ex. sess. in accordance with the provisions of this chapter. In furtherance of this goal, the secretary shall create an ongoing program of data collection, storage, assessability, and review. The legislature does not intend that the department conduct or contract for the conduct of basic research activity. The secretary may request appropriations for studies according to this section from the legislature, the federal government, or private sources.
(2) All state agencies which collect or have access to population-based, health-related data are directed to allow the secretary access to such data. This includes, but is not limited to, data on needed health services, facilities, and personnel; future health issues; emerging bioethical issues; health promotion; recommendations from state and national organizations and associations; and programmatic and statutory changes needed to address emerging health needs. Private entities, such as insurance companies, health maintenance organizations, and private purchasers are also encouraged to give the secretary access to such data in their possession. The secretary's access to and use of all data shall be in accordance with state and federal confidentiality laws and ethical guidelines. Such data in any form where the patient or provider of health care can be identified shall not be disclosed, subject to disclosure according to chapter
42.56
RCW, discoverable or admissible in judicial or administrative proceedings. Such data can be used in proceedings in which the use of the data is clearly relevant and necessary and both the department and the patient or provider are parties.
(3) The department shall serve as the clearinghouse for information concerning innovations in the delivery of health care services, the enhancement of competition in the health care marketplace, and federal and state information affecting health care costs.
(4) The secretary shall review any data collected, pursuant to this chapter, to:
(a) Identify high-priority health issues that require study or evaluation. Such issues may include, but are not limited to:
(i) Identification of variations of health practice which indicate a lack of consensus of appropriateness;
(ii) Evaluation of outcomes of health care interventions to assess their benefit to the people of the state;
(iii) Evaluation of specific population groups to identify needed changes in health practices and services;
(iv) Evaluation of the risks and benefits of various incentives aimed at individuals and providers for both preventing illnesses and improving health services;
(v) Identification and evaluation of bioethical issues affecting the people of the state; and
(vi) Other such objectives as may be appropriate;
(b) Further identify a list of high-priority health study issues for consideration by the board, within their authority, for inclusion in the state health report required by *RCW 43.20.050
. The list shall specify the objectives of each study, a study timeline, the specific improvements in the health status of the citizens expected as a result of the study, and the estimated cost of the study; and
(c) Provide background for the state health report required by *RCW 43.20.050
.
(5) Any data, research, or findings may also be made available to the general public, including health professions, health associations, the governor, professional boards and regulatory agencies and any person or group who has allowed the secretary access to data.
(6) Information submitted as part of the health professional licensing application and renewal process, excluding social security number and background check information, shall be available to the office of financial management consistent with RCW 43.370.020, whether the license is issued by the secretary of the department of health or a board or commission. The department shall replace any social security number with an alternative identifier capable of linking all licensing records of an individual. The office of financial management shall also have access to information submitted to the department of health as part of the medical or health facility licensing process.
(7) The secretary may charge a fee to persons requesting copies of any data, research, or findings. The fee shall be no more than necessary to cover the cost to the department of providing the copy.
[
2009 c 343 s 2
;
2005 c 274 s 301
;
1989 1st ex.s. c 9 s 107
.]
NOTES:
*Reviser's note:
RCW 43.20.050
was amended by 2011 c 27 s 1, eliminating the "state health report."
RCW 43.70.052
Hospital financial and patient discharge data
—
Financial reports
—
Data retrieval
—
American Indian health data
—
Reporting
—
Patient discharge data
—
Confidentiality and protection.
(1)(a) To promote the public interest consistent with the purposes of chapter 492, Laws of 1993 as amended by chapter 267, Laws of 1995, the department shall require hospitals to submit hospital financial and patient discharge information, including any applicable information reported pursuant to RCW 43.70.053, which shall be collected, maintained, analyzed, and disseminated by the department. The department shall, if deemed cost-effective and efficient, contract with a private entity for any or all parts of data collection. Data elements shall be reported in conformance with a uniform reporting system established by the department. This includes data elements identifying each hospital's revenues, expenses, contractual allowances, charity care, bad debt, other income, total units of inpatient and outpatient services, and other financial and employee compensation information reasonably necessary to fulfill the purposes of this section.
(b) Data elements relating to use of hospital services by patients shall be the same as those currently compiled by hospitals through inpatient discharge abstracts. The department shall encourage and permit reporting by electronic transmission or hard copy as is practical and economical to reporters.
(c) By January 1, 2023, the department must revise the uniform reporting system to further delineate hospital expenses reported in the other direct expense category in the statement of revenue and expense. The department must include the following additional categories of expenses within the other direct expenses category:
(i) Blood supplies;
(ii) Contract staffing;
(iii) Information technology, including licenses and maintenance;
(iv) Insurance and professional liability;
(v) Laundry services;
(vi) Legal, audit, and tax professional services;
(vii) Purchased laboratory services;
(viii) Repairs and maintenance;
(ix) Shared services or system office allocation;
(x) Staff recruitment;
(xi) Training costs;
(xii) Taxes;
(xiii) Utilities; and
(xiv) Other noncategorized expenses.
(d) The department must revise the uniform reporting system to further delineate hospital revenues reported in the other operating revenue category in the statement of revenue and expense. The department must include the following additional categories of revenues within the other operating revenues category:
(i) Donations;
(ii) Grants;
(iii) Joint venture revenue;
(iv) Local taxes;
(v) Outpatient pharmacy;
(vi) Parking;
(vii) Quality incentive payments;
(viii) Reference laboratories;
(ix) Rental income;
(x) Retail cafeteria; and
(xi) Other noncategorized revenues.
(e)(i) A hospital, other than a hospital designated by medicare as a critical access hospital or sole community hospital, must report line items and amounts for any expenses or revenues in the other noncategorized expenses category in (c)(xiv) of this subsection or the other noncategorized revenues category in (d)(xi) of this subsection that either have a value: (A) Of $1,000,000 or more; or (B) representing one percent or more of the total expenses or total revenues; or
(ii) A hospital designated by medicare as a critical access hospital or sole community hospital must report line items and amounts for any expenses or revenues in the other noncategorized expenses category in (c)(xiv) of this subsection or the other noncategorized revenues category in (d)(xi) of this subsection that represent the greater of: (A) $1,000,000; or (B) one percent or more of the total expenses or total revenues.
(f) A hospital must report any money, including loans, received by the hospital or a health system to which it belongs from a federal, state, or local government entity in response to a national or state-declared emergency, including a pandemic. Hospitals must report this information as it relates to federal, state, or local money received after January 1, 2020, in association with the COVID-19 pandemic. The department shall provide guidance on reporting pursuant to this subsection.
(2) In identifying financial reporting requirements, the department may require both annual reports and condensed quarterly reports from hospitals, so as to achieve both accuracy and timeliness in reporting, but shall craft such requirements with due regard of the data reporting burdens of hospitals.
(3)(a) Beginning with compensation information for 2012, unless a hospital is operated on a for-profit basis, the department shall require a hospital licensed under chapter
70.41
RCW to annually submit employee compensation information. To satisfy employee compensation reporting requirements to the department, a hospital shall submit information as directed in (a)(i) or (ii) of this subsection. A hospital may determine whether to report under (a)(i) or (ii) of this subsection for purposes of reporting.
(i) Within one hundred thirty-five days following the end of each hospital's fiscal year, a nonprofit hospital shall file the appropriate schedule of the federal internal revenue service form 990 that identifies the employee compensation information with the department. If the lead administrator responsible for the hospital or the lead administrator's compensation is not identified on the schedule of form 990 that identifies the employee compensation information, the hospital shall also submit the compensation information for the lead administrator as directed by the department's form required in (b) of this subsection.
(ii) Within one hundred thirty-five days following the end of each hospital's calendar year, a hospital shall submit the names and compensation of the five highest compensated employees of the hospital who do not have any direct patient responsibilities. Compensation information shall be reported on a calendar year basis for the calendar year immediately preceding the reporting date. If those five highest compensated employees do not include the lead administrator for the hospital, compensation information for the lead administrator shall also be submitted. Compensation information shall include base compensation, bonus and incentive compensation, other payments that qualify as reportable compensation, retirement and other deferred compensation, and nontaxable benefits.
(b) To satisfy the reporting requirements of this subsection (3), the department shall create a form and make it available no later than August 1, 2012. To the greatest extent possible, the form shall follow the format and reporting requirements of the portion of the internal revenue service form 990 schedule relating to compensation information. If the internal revenue service substantially revises its schedule, the department shall update its form.
(4) The health care data collected, maintained, and studied by the department shall only be available for retrieval in original or processed form to public and private requestors pursuant to subsection (9) of this section and shall be available within a reasonable period of time after the date of request. The cost of retrieving data for state officials and agencies shall be funded through the state general appropriation. The cost of retrieving data for individuals and organizations engaged in research or private use of data or studies shall be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or study in the requested form.
(5) The department shall, in consultation and collaboration with tribes, urban or other Indian health service organizations, and the federal area Indian health service, design, develop, and maintain an American Indian-specific health data, statistics information system.
(6)(a) Except as provided in subsection (c) of this section, beginning January 1, 2023, patient discharge information reported by hospitals to the department must identify patients by race, ethnicity, gender identity, sexual orientation, preferred language, any disability, and zip code of primary residence. The department shall provide guidance on reporting pursuant to this subsection. When requesting demographic information under this subsection, a hospital must inform patients that providing the information is voluntary. If a hospital fails to report demographic information under this subsection because a patient refused to provide the information, the department may not take any action against the hospital for failure to comply with reporting requirements or other licensing standards on that basis.
(b) The department must develop a waiver process for the requirements of (a) of this subsection for a hospital that is certified by the centers for medicare and medicaid services as a critical access hospital, is certified by the centers of medicare and medicaid services as a sole community hospital, or qualifies as a medicare dependent hospital due to economic hardship, technological limitations that are not reasonably in the control of the hospital, or other exceptional circumstance demonstrated by the hospital. The waiver must be limited to one year or less, or for any other specified time frame set by the department. Hospitals may apply for waiver extensions.
(c) Subject to funding appropriated specifically for this purpose, the department shall establish a process no later than October 1, 2022, for any hospital that is certified by the centers for medicare and medicaid services as a critical access hospital, is certified by the centers for medicare and medicaid services as a sole community hospital, or qualifies as a medicare dependent hospital, to apply for a grant to support updating the hospital's electronic health records system to comply with the requirements of this subsection, subject to the following:
(i) A hospital owned or operated by a health system that owns or operates two or more hospitals is not eligible to apply for a grant under this subsection;
(ii) In considering a hospital application, the department may consider information about the hospital's need for financial support to alter the hospital's electronic health records system, including, but not limited to, demonstrated costs necessary to update the hospital's current electronic health record system to comply with the requirements in this section and evidence of need for financial assistance. The department may provide grant amounts of varying sizes depending on the need of the applicant hospital;
(iii) A hospital that receives a grant under this section must update the hospital's electronic health records system to comply with the requirements of this section before the hospital may make other changes to its electronic health records system, except for changes that are required for security, compliance, or privacy purposes; and
(iv) A hospital that receives a grant under this section must comply with subsection (a) of this section no later than July 1, 2023.
(d) The department shall adopt rules to implement this subsection (6) no later than July 1, 2022.
(7) Beginning January 1, 2023, each hospital must report to the department, on a quarterly basis, the number of submitted and completed charity care applications that the hospital received in the prior quarter and the number of charity care applications approved in the prior quarter pursuant to the hospital's charity care policy, consistent with chapter
70.170
RCW. The department shall develop a standard form for hospitals to use in submitting information pursuant to this subsection.
(8) All persons subject to the data collection requirements of this section shall comply with departmental requirements established by rule in the acquisition of data.
(9) The department must maintain the confidentiality of patient discharge data it collects under subsections (1) and (6) of this section. Patient discharge data that includes direct and indirect identifiers is not subject to public inspection and the department may only release such data as allowed for in this section. Any agency that receives patient discharge data under (a) or (b) of this subsection must also maintain the confidentiality of the data and may not release the data except as consistent with subsection (10)(b) of this section. The department may release the data as follows:
(a) Data that includes direct and indirect patient identifiers, as specifically defined in rule, may be released to:
(i) Federal, state, and local government agencies upon receipt of a signed data use agreement with the department; and
(ii) Researchers with approval of the Washington state institutional review board upon receipt of a signed confidentiality agreement with the department.
(b) Data that does not contain direct patient identifiers but may contain indirect patient identifiers may be released to agencies, researchers, and other persons upon receipt of a signed data use agreement with the department.
(c) Data that does not contain direct or indirect patient identifiers may be released on request.
(10) Recipients of data under subsection (9)(a) and (b) of this section must agree in a written data use agreement, at a minimum, to:
(a) Take steps to protect direct and indirect patient identifying information as described in the data use agreement; and
(b) Not redisclose the data except as authorized in their data use agreement consistent with the purpose of the agreement.
(11) Recipients of data under subsection (9)(b) and (c) of this section must not attempt to determine the identity of persons whose information is included in the data set or use the data in any manner that identifies individuals or their families.
(12) For the purposes of this section:
(a) "Direct patient identifier" means information that identifies a patient; and
(b) "Indirect patient identifier" means information that may identify a patient when combined with other information.
(13) The department must adopt rules necessary to carry out its responsibilities under this section. The department must consider national standards when adopting rules.
[
2021 c 162 s 1
;
2014 c 220 s 2
;
2012 c 98 s 1
;
1995 c 267 s 1
.]
NOTES:
Effective date
—
2014 c 220:
See note following RCW 70.02.290
.
Captions not law
—
1995 c 267:
"Captions as used in this act constitute no part of the law." [
1995 c 267 s 16
.]
Severability
—
1995 c 267:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1995 c 267 s 17
.]
Effective dates
—
1995 c 267:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995, except sections 8 through 11 of this act which shall take effect immediately [May 8, 1995]." [
1995 c 267 s 18
.]
RCW 43.70.053
Hospital consolidated annual income
—
Reporting.
(1)(a) Beginning July 1, 2022, for a health system operating a hospital licensed under chapter
70.41
RCW, the health system must annually submit to the department a consolidated annual income statement and balance sheet, including hospitals, ambulatory surgical facilities, health clinics, urgent care clinics, physician groups, health-related laboratories, long-term care facilities, home health agencies, dialysis facilities, ambulance services, behavioral health settings, and virtual care entities that are operated in Washington.
(b) The state auditor's office shall provide the department with audited financial statements for all hospitals owned or operated by a public hospital district under chapter
70.44
RCW. Public hospital districts are not required to submit additional information to the department under this subsection.
(2) The department must make information submitted under this section available in the same manner as hospital financial data.
[
2021 c 162 s 2
.]
RCW 43.70.054
Health care data standards
—
Submittal of standards to legislature.
(1) To promote the public interest consistent with chapter 267, Laws of 1995, the department of health, in cooperation with the director of Washington technology solutions established in RCW 43.105.025, shall develop health care data standards to be used by, and developed in collaboration with, consumers, purchasers, health carriers, providers, and state government as consistent with the intent of chapter 492, Laws of 1993 as amended by chapter 267, Laws of 1995, to promote the delivery of quality health services that improve health outcomes for state residents. The data standards shall include content, coding, confidentiality, and transmission standards for all health care data elements necessary to support the intent of this section, and to improve administrative efficiency and reduce cost. Purchasers, as allowed by federal law, health carriers, health facilities and providers as defined in chapter
48.43
RCW, and state government shall utilize the data standards. The information and data elements shall be reported as the department of health directs by rule in accordance with data standards developed under this section.
(2) The health care data collected, maintained, and studied by the department under this section or any other entity: (a) Shall include a method of associating all information on health care costs and services with discrete cases; (b) shall not contain any means of determining the personal identity of any enrollee, provider, or facility; (c) shall only be available for retrieval in original or processed form to public and private requesters; (d) shall be available within a reasonable period of time after the date of request; and (e) shall give strong consideration to data standards that achieve national uniformity.
(3) The cost of retrieving data for state officials and agencies shall be funded through state general appropriation. The cost of retrieving data for individuals and organizations engaged in research or private use of data or studies shall be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or study in the requested form.
(4) All persons subject to this section shall comply with departmental requirements established by rule in the acquisition of data, however, the department shall adopt no rule or effect no policy implementing the provisions of this section without an act of law.
(5) The department shall submit developed health care data standards to the appropriate committees of the legislature by December 31, 1995.
[
2024 c 54 s 46
;
2015 3rd sp.s. c 1 s 408
;
1997 c 274 s 2
;
1995 c 267 s 2
.]
NOTES:
Effective date
—
2015 3rd sp.s. c 1 ss 101-109, 201-224, 406-408, 410, 501-507, 601, and 602:
See note following RCW 43.105.007
.
Effective date
—
1997 c 274:
See note following RCW 41.05.021
.
Captions not law
—
Severability
—
Effective dates
—
1995 c 267:
See notes following RCW 43.70.052
.
RCW 43.70.056
Health care-associated infections
—
Data collection and reporting
—
Advisory committee
—
Rules.
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Health care-associated infection" means a localized or systemic condition that results from adverse reaction to the presence of an infectious agent or its toxins and that was not present or incubating at the time of admission to the hospital.
(b) "Hospital" means a health care facility licensed under chapter
70.41
RCW.
(2)(a) A hospital shall collect data related to health care-associated infections as required under this subsection (2) on the following:
(i) Central line-associated bloodstream infection in all hospital inpatient areas where patients normally reside at least twenty-four hours;
(ii) Surgical site infection for colon and abdominal hysterectomy procedures.
(b) The department shall, by rule, delete, add, or modify categories of reporting when the department determines that doing so is necessary to align state reporting with the reporting categories of the centers for medicare and medicaid services. The department shall begin rule making forty-five calendar days, or as soon as practicable, after the centers for medicare and medicaid services adopts changes to reporting requirements.
(c) A hospital must routinely collect and submit the data required to be collected under (a) and (b) of this subsection to the national healthcare safety network of the United States centers for disease control and prevention in accordance with national healthcare safety network definitions, methods, requirements, and procedures.
If the centers for medicare and medicaid services changes reporting from the national healthcare safety network to another database or through another process, the department shall review the new reporting database or process and consider whether it aligns with the purposes of this section.
(d) Data collection and submission required under this subsection (2) must be overseen by a qualified individual with the appropriate level of skill and knowledge to oversee data collection and submission.
(e)(i) A hospital must release to the department, or grant the department access to, its hospital-specific information contained in the reports submitted under this subsection (2), as requested by the department consistent with *RCW 70.02.050
.
(ii) The hospital reports obtained by the department under this subsection (2), and any of the information contained in them, are not subject to discovery by subpoena or admissible as evidence in a civil proceeding, and are not subject to public disclosure as provided in RCW 42.56.360
.
(3) The department shall:
(a) Provide oversight of the health care-associated infection reporting program established in this section;
(b) By November 1, 2013, and biennially thereafter, submit a report to the appropriate committees of the legislature that contains: (i) Categories of reporting currently required of hospitals under subsection (2)(a) of this section; (ii) categories of reporting the department plans to add, delete, or modify by rule; and (iii) a description of the evaluation process used under (d) of this subsection;
(c) By December 1, 2009, and by each December 1st thereafter, prepare and publish a report on the department's website that compares the health care-associated infection rates at individual hospitals in the state using the data reported in the previous calendar year pursuant to subsection (2) of this section. The department may update the reports quarterly. In developing a methodology for the report and determining its contents, the department shall consider the recommendations of the advisory committee established in subsection (5) of this section. The report is subject to the following:
(i) The report must disclose data in a format that does not release health information about any individual patient; and
(ii) The report must not include data if the department determines that a data set is too small or possesses other characteristics that make it otherwise unrepresentative of a hospital's particular ability to achieve a specific outcome;
(d) Evaluate, on a regular basis, the quality and accuracy of health care-associated infection reporting required under subsection (2) of this section and the data collection, analysis, and reporting methodologies; and
(e) Provide assistance to hospitals with the reporting requirements of this chapter including definitions of required reporting elements.
(4) The department may respond to requests for data and other information from the data required to be reported under subsection (2) of this section, at the requestor's expense, for special studies and analysis consistent with requirements for confidentiality of patient records.
(5)(a) The department shall establish an advisory committee which may include members representing infection control professionals and epidemiologists, licensed health care providers, nursing staff, organizations that represent health care providers and facilities, health maintenance organizations, health care payers and consumers, and the department. The advisory committee shall make recommendations to assist the department in carrying out its responsibilities under this section, including making recommendations on allowing a hospital to review and verify data to be released in the report and on excluding from the report selected data from certified critical access hospitals.
(b) In developing its recommendations, the advisory committee shall consider methodologies and practices related to health care-associated infections of the United States centers for disease control and prevention, the centers for medicare and medicaid services, the joint commission, the national quality forum, the institute for healthcare improvement, and other relevant organizations.
(6) The department shall adopt rules as necessary to carry out its responsibilities under this section.
[
2013 c 319 s 2
;
2013 c 319 s 1
;
2010 c 113 s 1
;
2009 c 244 s 2
;
2007 c 261 s 2
.]
NOTES:
*Reviser's note:
RCW 70.02.050
was amended by 2013 c 200 s 3, eliminating many of the provisions relating to disclosure of health care information without patient's authorization, effective July 1, 2014. See RCW 70.02.200
through
70.02.260
.
Effective date
—
2013 c 319 s 2:
"Section 2 of this act takes effect July 1, 2017." [
2013 c 319 s 4
.]
Effective date
—
2010 c 113:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 18, 2010]." [
2010 c 113 s 2
.]
Findings
—
2007 c 261:
"The legislature finds that each year health care-associated infections affect two million Americans. These infections result in the unnecessary death of ninety thousand patients and costs the health care system 4.5 billion dollars. Hospitals should be implementing evidence-based measures to reduce hospital-acquired infections. The legislature further finds the public should have access to data on outcome measures regarding hospital-acquired infections. Data reporting should be consistent with national hospital reporting standards." [
2007 c 261 s 1
.]
RCW 43.70.057
Hospital emergency room patient care information
—
Data collection, maintenance, analysis, and dissemination
—
Rules.
(1) The legislature finds that public health data is critical to the department's ability to respond to emerging public health threats and chronic conditions affecting the public health and, therefore, intends that the department be fully informed about emerging public health threats and chronic conditions that may impact the health of Washington citizens.
(2) The department shall require hospitals with emergency departments to submit emergency department patient care information, which must be collected, maintained, analyzed, and disseminated by the department. The department shall also accept other data types submitted voluntarily as approved by the department. The data must be collected in a way that allows automated reporting by electronic transmission. Emergency departments submitting data must be able to obtain their data and aggregate regional and statewide data from the collection system within thirty minutes of submission of a query for the data once the data is available in the system. The department may, if deemed cost-effective and efficient, contract with a private entity for any or all parts of data collection, maintenance, analysis, and dissemination. The department or contractor shall include the following elements:
(a) A demonstrated ability to collect the data required by this section in a way that allows automated reporting by electronic transmission;
(b) An established data submission arrangement with the majority of emergency departments required to submit data pursuant to this section;
(c) The demonstrated ability to allow emergency departments submitting data to immediately obtain their own data and aggregate regional and statewide data and the department to immediately obtain any data within thirty minutes of submission of a query for data once the data is available in the system; and
(d) The capacity to work with existing emergency department data systems to minimize administrative reporting burden and costs.
(3) Data elements must be reported in conformance with a uniform reporting system established by the department in collaboration with representatives from emergency departments required to submit data pursuant to this section and in conformance with current or emerging national standards for reporting similar data. Data elements to be initially collected include, but are not limited to, data elements identifying facility information, limited patient identifiers, patient demographics, and encounter, clinical, and laboratory information. In order to ensure meaningful public health surveillance, after consulting with emergency departments required to submit data pursuant to this section, the department shall adopt rules including, but not limited to, data element and format requirements and time frames for reporting and addressing errors in submission. The rules adopted shall support alignment with current or emerging national standards for reporting similar data and minimization of administrative burden and costs.
(4) The department may require additional information from data providers only for the purposes of validating data received, verifying data accuracy, conducting surveillance of potential public health threats, and addressing potential public health threats.
(5) The data collected, maintained, and analyzed by the department must only be available for retrieval in original or processed form to public and private requestors pursuant to subsection (6) of this section and must be available within a reasonable period of time after the date of request, except that emergency departments submitting data pursuant to this section must have the ability to immediately obtain their own data and aggregate regional and statewide data within thirty minutes of submission of a query for data once the data is available in the system. The cost of retrieving their own data and aggregate regional and statewide data in standardized reports for state, local, tribal, federal officials and agencies, and health care facilities, and health care providers associated with the emergency departments submitting data pursuant to this section, must be funded through the agency's resources. The cost of retrieving data for individuals and organizations engaged in research or private use of data or reports must be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or report in the requested form.
(6) The department must maintain the confidentiality of patient data it collects under subsection (2) of this section. Patient data collected by the department is health care information under chapter
70.02
RCW. Patient data that includes direct and indirect identifiers is not subject to public inspection and copying and the department may only release that data as allowed for in this section. Any agency that receives patient data under (a) or (b) of this subsection must also maintain the confidentiality of the data and may not release the data except as consistent with subsection (7)(b) of this section. The department may release the data as follows:
(a) Data that includes direct and indirect patient identifiers, as specifically defined in rule, may be released to:
(i)(A) Federal, Washington state, tribal, and local government agencies upon receipt of a signed data use agreement with the department;
(B) In the case of an emergent public health threat, the signed data use agreement requirement must be waived for public health authorities. The department may disclose only the minimum amount of information necessary, to the fewest number of people, for the least amount of time required to address the threat;
(ii) Researchers with approval of an institutional review board upon receipt of a signed confidentiality agreement with the department;
(b) Data that does not contain direct patient identifiers but may contain indirect patient identifiers may be released to agencies, institutional review board-approved researchers, and other persons upon receipt of a signed data use agreement with the department;
(c) Data that does not contain direct or indirect patient identifiers may be released on request.
(7) Recipients of data under subsection (6)(a) and (b) of this section must agree in a data use agreement, as applicable, at a minimum, to:
(a) Take steps to protect direct and indirect patient identifiers as described in the data use agreement; and
(b) Not redisclose the data except as authorized in their data use agreement consistent with the purpose of the agreement.
(8) Recipients of data under subsection (6)(b) and (c) of this section must not attempt to determine the identity of persons whose information is included in the data set or use the data in any manner that identifies individuals or their families.
(9) For the purposes of this section:
(a) "Direct patient identifier" means information that identifies a patient; and
(b) "Indirect patient identifier" means information that may identify a patient when combined with other information.
(10) The department may adopt rules necessary to carry out its responsibilities under this section. The department must consider national standards when adopting rules.
[
2017 c 220 s 1
.]
RCW 43.70.060
Duties of department
—
Promotion of health care cost-effectiveness.
It is the intent of the legislature to promote appropriate use of health care resources to maximize access to adequate health care services. The legislature understands that the rapidly increasing costs of health care are limiting access to care. To promote health care cost-effectiveness, the department shall:
(1) Implement the certificate of need program;
(2) Monitor and evaluate health care costs;
(3) Evaluate health services and the utilization of services for outcome and effectiveness; and
(4) Recommend strategies to encourage adequate and cost-effective services and discourage ineffective services.
[
1989 1st ex.s. c 9 s 108
.]
RCW 43.70.064
Health care quality
—
Findings and intent
—
Requirements for conducting study under RCW 43.70.066
.
The legislature finds that it is difficult for consumers of health care services to determine the quality of health care prior to purchase or utilization of medical care. The legislature also finds that accountability is a key component in promoting quality assurance and quality improvement throughout the health care delivery system, including public programs. Quality assurance and improvement standards are necessary to promote the public interest, contribute to cost efficiencies, and improve the ability of consumers to ascertain quality health care purchases.
The legislature intends to have consumers, health carriers, health care providers and facilities, and public agencies participate in the development of quality assurance and improvement standards that can be used to develop a uniform quality assurance program for use by all public and private health plans, providers, and facilities. To that end, in conducting the study required under RCW 43.70.066, the department of health shall:
(1) Consider the needs of consumers, employers, health care providers and facilities, and public and private health plans;
(2) Take full advantage of existing national standards of quality assurance to extend to middle-income populations the protections required for state management of health programs for low-income populations;
(3) Consider the appropriate minimum level of quality assurance standards that should be disclosed to consumers and employers by health care providers and facilities, and public and private health plans; and
(4) Consider standards that permit health care providers and facilities to share responsibility for participation in a uniform quality assurance program.
[
1995 c 267 s 3
.]
NOTES:
Captions not law
—
Severability
—
Effective dates
—
1995 c 267:
See notes following RCW 43.70.052
.
RCW 43.70.066
Study
—
Uniform quality assurance and improvement program
—
Reports to legislature
—
Limitation on rule making.
(1) The department of health shall study the feasibility of a uniform quality assurance and improvement program for use by all public and private health plans and health care providers and facilities. In this study, the department shall consult with:
(a) Public and private purchasers of health care services;
(b) Health carriers;
(c) Health care providers and facilities; and
(d) Consumers of health services.
(2) In conducting the study, the department shall propose standards that meet the needs of affected persons and organizations, whether public or private, without creation of differing levels of quality assurance. All consumers of health services should be afforded the same level of quality assurance.
(3) At a minimum, the study shall include but not be limited to the following program components and indicators appropriate for consumer disclosure:
(a) Health care provider training, credentialing, and licensure standards;
(b) Health care facility credentialing and recredentialing;
(c) Staff ratios in health care facilities;
(d) Annual mortality and morbidity rates of cases based on a defined set of procedures performed or diagnoses treated in health care facilities, adjusted to fairly consider variable factors such as patient demographics and case severity;
(e) The average total cost and average length of hospital stay for a defined set of procedures and diagnoses;
(f) The total number of the defined set of procedures, by specialty, performed by each physician at a health care facility within the previous twelve months;
(g) Utilization performance profiles by provider, both primary care and specialty care, that have been adjusted to fairly consider variable factors such as patient demographics and severity of case;
(h) Health plan fiscal performance standards;
(i) Health care provider and facility recordkeeping and reporting standards;
(j) Health care utilization management that monitors trends in health service underutilization, as well as overutilization of services;
(k) Health monitoring that is responsive to consumer, purchaser, and public health assessment needs; and
(l) Assessment of consumer satisfaction and disclosure of consumer survey results.
(4) In conducting the study, the department shall develop standards that permit each health care facility, provider group, or health carrier to assume responsibility for and determine the physical method of collection, storage, and assimilation of quality indicators for consumer disclosure. The study may define the forms, frequency, and posting requirements for disclosure of information.
In developing proposed standards under this subsection, the department shall identify options that would minimize provider burden and administrative cost resulting from duplicative private sector data submission requirements.
(5) The department shall submit a preliminary report to the legislature by December 31, 1995, including recommendations for initial legislation pursuant to subsection (6) of this section, and may submit supplementary reports and recommendations as completed, consistent with appropriated funds and staffing.
(6) The department shall not adopt any rule implementing the uniform quality assurance program or consumer disclosure provisions unless expressly directed to do so by an act of law.
[
1998 c 245 s 72
;
1997 c 274 s 3
;
1995 c 267 s 4
.]
NOTES:
Effective date
—
1997 c 274:
See note following RCW 41.05.021
.
Captions not law
—
Severability
—
Effective dates
—
1995 c 267:
See notes following RCW 43.70.052
.
RCW 43.70.068
Quality assurance
—
Interagency cooperation.
The department of health, the health care authority, the department of social and health services, the office of the insurance commissioner, and the department of labor and industries shall form an interagency group for coordination and consultation on quality assurance activities and collaboration on final recommendations for the study required under RCW 43.70.066
.
[
1997 c 274 s 4
;
1995 c 267 s 5
.]
NOTES:
Effective date
—
1997 c 274:
See note following RCW 41.05.021
.
Captions not law
—
Severability
—
Effective dates
—
1995 c 267:
See notes following RCW 43.70.052
.
RCW 43.70.070
Duties of department
—
Analysis of health services.
The department shall evaluate and analyze readily available data and information to determine the outcome and effectiveness of health services, utilization of services, and payment methods. This section should not be construed as allowing the department access to proprietary information.
(1) The department shall make its evaluations available to the board for use in preparation of the state health report required by *RCW 43.20.050, and to consumers, purchasers, and providers of health care.
(2) The department shall use the information to:
(a) Develop guidelines which may be used by consumers, purchasers, and providers of health care to encourage necessary and cost-effective services; and
(b) Make recommendations to the governor on how state government and private purchasers may be prudent purchasers of cost-effective, adequate health services.
[
1995 c 269 s 2202
;
1989 1st ex.s. c 9 s 109
.]
NOTES:
*Reviser's note:
RCW 43.20.050
was amended by 2011 c 27 s 1, eliminating the "state health report."
Effective date
—
Part headings not law
—
Severability
—
1995 c 269:
See notes following RCW 18.16.050
.
RCW 43.70.075
Identity of whistleblower protected
—
Remedy for retaliatory action
—
Definitions
—
Rules.
(1)(a) The identity of a whistleblower must remain confidential if that whistleblower:
(i) Complains, in good faith, to the department of health about the improper quality of care by a health care provider, or in a health care facility;
(ii) Initiates in good faith any investigation or administrative proceeding about a complaint of improper quality of care made to the department under this section; or
(iii) Submits a notification or report of an adverse event or an incident, in good faith, to the department of health under RCW 70.56.020
or to the independent entity under RCW 70.56.040
.
(b) The provisions of RCW 4.24.500
through
4.24.520, providing certain protections to persons who communicate to government agencies, shall apply to complaints and notifications or reports of adverse events or incidents filed under this section. The identity of the whistleblower shall remain confidential unless the department determines that the complaint, initiation, notification, or report was not made or done in good faith.
(c) An employee who is a whistleblower, as defined in this section, and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action has the remedies provided under chapter
49.60
RCW.
(d) A whistleblower who is not an employee and who as a result of being a whistleblower has been subjected to reprisal or retaliatory action may initiate a civil action in a court of competent jurisdiction to either enjoin further violations, recover actual damages sustained by the whistleblower, or both, and recover the cost of the suit including reasonable attorneys' fees. The court shall award reasonable attorneys' fees in favor of the respondent if the civil action was initiated by a whistleblower who is not an employee and the court finds that the respondent has not engaged in the alleged reprisal or retaliatory action and that the complaint was frivolous, unreasonable, or groundless.
(2) A civil action under this section may not be brought more than two years after the date when the retaliation occurred.
(3) In this section:
(a) "Health care facility" means hospices licensed under chapter
70.127
RCW, hospitals licensed under chapter
70.41
RCW, rural health care facilities as defined in RCW 70.175.020, *psychiatric hospitals licensed under chapter
71.12
RCW, nursing homes licensed under chapter
18.51
RCW, community mental health centers licensed under chapter
71.05
or
71.24
RCW, kidney disease treatment centers licensed under chapter
70.41
RCW, ambulatory diagnostic, treatment, or surgical facilities licensed under chapter
70.41
RCW, ambulatory surgical facilities licensed under chapter
70.230
RCW, substance use disorder treatment facilities licensed under chapter
71.24
RCW, and home health agencies licensed under chapter
70.127
RCW, and includes such facilities if owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations.
(b) "Improper quality of care" means any practice, procedure, action, or failure to act that violates any state law or rule of the applicable state health licensing authority under Title 18 or chapters
70.41, 71.24, 70.127, 70.175, 71.05, 71.12, and
71.24
RCW, and enforced by the department of health. Each health disciplinary authority as defined in RCW 18.130.040
may, with consultation and interdisciplinary coordination provided by the state department of health, adopt rules defining accepted standards of practice for their profession that shall further define improper quality of care. Improper quality of care shall not include good faith personnel actions related to employee performance or actions taken according to established terms and conditions of employment.
(c) "Reprisal or retaliatory action" means but is not limited to: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct pursuant to Title
18
RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; reduction in pay; denial of promotion; suspension; dismissal; denial of employment; a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower; and the revocation, suspension, or reduction of medical staff membership or privileges without following a medical staff sanction process that is consistent with RCW 7.71.050
.
(d) "Whistleblower" means a consumer, employee, or health care professional including a health care provider as defined in RCW 7.70.020
(1) or member of a medical staff at a health care facility, who in good faith reports alleged quality of care concerns to the department of health or initiates, participates, or cooperates in any investigation or administrative proceeding under this section.
(4) Nothing in this section prohibits a health care facility from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower.
(5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under Title
18
RCW for health professionals or health care facilities.
[
2019 c 62 s 1
;
2006 c 8 s 109
;
1995 c 265 s 19
.]
NOTES:
*Reviser's note:
The term "psychiatric hospital" was changed to "behavioral health hospital" by
2024 c 121 s 19
.
Findings
—
Intent
—
Part headings and subheadings not law
—
Severability
—
2006 c 8:
See notes following RCW 5.64.010
.
Captions not law
—
Effective dates
—
Savings
—
Severability
—
1995 c 265:
See notes following RCW 70.47.015
.
RCW 43.70.080
Transfer of powers and duties from the department of social and health services.
The powers and duties of the department of social and health services and the secretary of social and health services under the following statutes are hereby transferred to the department of health and the secretary of health: Chapters
16.70, 18.46, 18.71, 18.73, 18.76, 69.30, 70.28, 70.30, 70.50, *70.58, 70.62, 70.83, 70.90, 70A.388, 70.104, 70A.100, 70A.105, 70A.120, 70A.125, 70A.310, 70.127, 70A.130, and
80.50
RCW. More specifically, the following programs and services presently administered by the department of social and health services are hereby transferred to the department of health:
(1) Personal health and protection programs and related management and support services, including, but not limited to: Immunizations; tuberculosis; sexually transmitted diseases; AIDS; diabetes control; primary health care; cardiovascular risk reduction; kidney disease; regional genetic services; newborn metabolic screening; sentinel birth defects; cytogenetics; communicable disease epidemiology; and chronic disease epidemiology;
(2) Environmental health protection services and related management and support services, including, but not limited to: Radiation, including X-ray control, radioactive materials, uranium mills, low-level waste, emergency response and reactor safety, and environmental radiation protection; drinking water; toxic substances; on-site sewage; recreational water contact facilities; food services sanitation; shellfish; and general environmental health services, including schools, vectors, parks, and camps;
(3) Public health laboratory;
(4) Public health support services, including, but not limited to: Vital records; health data; local public health services support; and health education and information;
(5) Licensing and certification services including, but not limited to: Behavioral health agencies, agencies providing problem and pathological gambling treatment, health and personal care facility survey, construction review, emergency medical services, laboratory quality assurance, and accommodations surveys; and
(6) Effective January 1, 1991, parent and child health services and related management support services, including, but not limited to: Maternal and infant health; child health; parental health; nutrition; services for children with disabilities; family planning; adolescent pregnancy services; high priority infant tracking; early intervention; parenting education; prenatal regionalization; and power and duties under RCW 43.20A.635
. The director of the office of financial management may recommend to the legislature a delay in this transfer, if it is determined that this time frame is not adequate.
[
2021 c 65 s 44
;
2018 c 201 s 8009
;
1989 1st ex.s. c 9 s 201
.]
NOTES:
*Reviser's note:
Chapter
70.58
RCW was repealed in its entirety by 2019 c 148 s 40, effective January 1, 2021. For later enactment, see chapter
70.58A
RCW.
Explanatory statement
—
2021 c 65:
See note following RCW 53.54.030
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 43.70.081
Transfer of certain behavioral health-related powers, duties, and functions from the department of social and health services.
(1) The powers, duties, and functions of the department of social and health services pertaining to licensing and certification of behavioral health provider agencies and facilities, except for state-run mental health institutions, are hereby transferred to the department of health to the extent necessary to carry out the purposes of chapter 201, Laws of 2018. All references to the secretary or the department of social and health services in the Revised Code of Washington shall be construed to mean the secretary of the department of health or the department of health when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the powers, duties, and functions transferred shall be delivered to the custody of the department of health. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services in carrying out the powers, duties, and functions transferred shall be made available to the department of health. All funds, credits, or other assets held by the department of social and health services in connection with the powers, duties, and functions transferred shall be assigned to the department of health.
(b) Any appropriations made to the department of social and health services for carrying out the powers, functions, and duties transferred shall, on July 1, 2018, be transferred and credited to the department of health.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the department of social and health services pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the department of health. All existing contracts and obligations shall remain in full force and shall be performed by the department of health.
(4) The transfer of the powers, duties, functions, and personnel of the department of social and health services shall not affect the validity of any act performed before July 1, 2018.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) On July 1, 2018, all employees of the department of social and health services engaged in performing the powers, functions, and duties transferred to the department of health are transferred to the department of health. All employees classified under chapter
41.06
RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
(7) Positions in any bargaining unit within the department of health existing on July 1, 2018, will not be removed from an existing bargaining unit as a result of this section unless and until the existing bargaining unit is modified by the public employment relations commission pursuant to Title 391 WAC. Nonsupervisory civil service employees of the department of social and health services assigned to the department of health under this section whose positions are within the existing bargaining unit description at the department of health shall become a part of that unit under the provision of chapter
41.80
RCW. The existing bargaining representative of the existing bargaining unit at the department of health shall continue to be certified as the exclusive bargaining representative without the necessity of an election.
(8) The department of health may enter into agreements as necessary with the department of social and health services to carry out the transfer of duties as set forth in chapter 201, Laws of 2018.
[
2018 c 201 s 10002
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 43.70.090
Authority to administer oaths and issue subpoenas
—
Provisions governing subpoenas.
(1) The secretary shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas requiring the attendance of witnesses before the secretary together with all books, memoranda, papers, and other documents, articles or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation.
(2) Subpoenas issued in adjudicative proceedings shall be governed by RCW 34.05.588
(1).
(3) Subpoenas issued in the conduct of investigations required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be governed by RCW 34.05.588
(2).
[
1989 1st ex.s. c 9 s 252
.]
RCW 43.70.095
Civil fines.
This section governs the assessment of a civil fine against a person by the department. This section does not govern actions taken under chapter
18.130
RCW.
(1) The department shall give written notice to the person against whom it assesses a civil fine. The notice shall state the reasons for the adverse action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in an other [another] manner that shows proof of receipt.
(2) Except as otherwise provided in subsection (4) of this section, the civil fine is due and payable twenty-eight days after receipt. The department may make the date the fine is due later than twenty-eight days after receipt. When the department does so, it shall state the effective date in the written notice given the person against whom it assesses the fine.
(3) The person against whom the department assesses a civil fine has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter
34.05
RCW. The application must be in writing, state the basis for contesting the fine, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the person's receiving the notice of civil fine, and be served in a manner which shows proof of receipt.
(4) If the person files a timely and sufficient appeal, the department shall not implement the action until the final order has been served. The presiding or reviewing officer may permit the department to implement part or all of the action while the proceedings are pending if the appellant causes an unreasonable delay in the proceedings or for other good cause.
[
1991 c 3 s 378
.]
RCW 43.70.097
Enforcement in accordance with RCW 43.05.100
and
43.05.110
.
Enforcement action taken after July 23, 1995, by the director or the department shall be in accordance with RCW 43.05.100
and
43.05.110
.
[
1995 c 403 s 626
.]
NOTES:
Findings
—
Short title
—
Intent
—
1995 c 403:
See note following RCW 34.05.328
.
RCW 43.70.100
Reports of violations by secretary
—
Duty to institute proceedings
—
Notice to alleged violator.
(1) It shall be the duty of each assistant attorney general, prosecuting attorney, or city attorney to whom the secretary reports any violation of chapter
43.20
or
43.70
RCW, or regulations promulgated under them, to cause appropriate proceedings to be instituted in the proper courts, without delay, and to be duly prosecuted as prescribed by law.
(2) Before any violation of chapter
43.20
or
43.70
RCW is reported by the secretary to the prosecuting attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his or her views to the secretary, either orally or in writing, with regard to such contemplated proceeding.
[
1989 1st ex.s. c 9 s 262
.]
RCW 43.70.110
License fees
—
Costs
—
Other charges
—
Waiver.
(1) The secretary shall charge fees to the licensee for obtaining a license. Physicians regulated pursuant to chapter
18.71
RCW who reside and practice in Washington and obtain or renew a retired active license are exempt from such fees. Municipal corporations providing emergency medical care and transportation services pursuant to chapter
18.73
RCW shall be exempt from such fees, provided that such other emergency services shall only be charged for their pro rata share of the cost of licensure and inspection, if appropriate. The secretary may charge different fees for registered nurses licensed under chapter
18.79
RCW, licensed practical nurses licensed under chapter
18.79
RCW, and nurses who hold a valid multistate license issued by the state of Washington under chapter
18.80
RCW. The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage of the state.
(2) Except as provided in subsection (3) of this section, fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity or class of activities and may include costs of necessary inspection.
(3) License fees shall include amounts in addition to the cost of licensure activities in the following circumstances:
(a) For registered nurses and licensed practical nurses licensed under chapter
18.79
RCW, and for nurses who hold a valid multistate license issued by the state of Washington under chapter
18.80
RCW, support of a central nursing resource center as provided in RCW 18.79.202
;
(b) For all health care providers licensed under RCW 18.130.040, the cost of regulatory activities for retired volunteer medical worker licensees as provided in RCW 18.130.360
; and
(c) For physicians licensed under chapter
18.71
RCW, physician assistants licensed under chapter
18.71A
RCW, osteopathic physicians licensed under chapter
18.57
RCW, naturopaths licensed under chapter
18.36A
RCW, podiatrists licensed under chapter
18.22
RCW, chiropractors licensed under chapter
18.25
RCW, psychologists and psychological associates licensed under chapter
18.83
RCW, registered nurses and licensed practical nurses licensed under chapter
18.79
RCW, nurses who hold a valid multistate license issued by the state of Washington under chapter
18.80
RCW, optometrists licensed under chapter
18.53
RCW, mental health counselors and mental health counselor associates licensed under chapter
18.225
RCW, massage therapists licensed under chapter
18.108
RCW, advanced social workers licensed under chapter
18.225
RCW, independent clinical social workers and independent clinical social worker associates licensed under chapter
18.225
RCW, midwives licensed under chapter
18.50
RCW, marriage and family therapists and marriage and family therapist associates licensed under chapter
18.225
RCW, occupational therapists and occupational therapy assistants licensed under chapter
18.59
RCW, dietitians and nutritionists certified under chapter
18.138
RCW, speech-language pathologists licensed under chapter
18.35
RCW, acupuncturists or acupuncture and Eastern medicine practitioners licensed under chapter
18.06
RCW, and veterinarians and veterinary technicians licensed under chapter
18.92
RCW, the license fees shall include up to an additional twenty-five dollars to be transferred by the department to the University of Washington for the purposes of RCW 43.70.112
.
(4) Department of health advisory committees may review fees established by the secretary for licenses and comment upon the appropriateness of the level of such fees.
[
2025 c 19 s 1
;
2023 c 123 s 23
;
2020 c 80 s 28
. Prior:
2019 c 308 s 21
;
2019 c 140 s 1
;
2015 c 77 s 1
; prior:
2013 c 249 s 1
;
2013 c 77 s 1
;
2011 c 35 s 1
;
2010 c 286 s 15
;
2009 c 403 s 5
;
2007 c 259 s 11
;
2006 c 72 s 3
;
2005 c 268 s 2
;
1993 sp.s. c 24 s 918
;
1989 1st ex.s. c 9 s 263
.]
NOTES:
Short title
—
2023 c 123:
See RCW 18.80.900
.
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Findings
—
2019 c 308:
See note following RCW 18.06.010
.
Effective date
—
2015 c 77:
"This act takes effect August 1, 2015." [
2015 c 77 s 2
.]
Effective date
—
2013 c 77:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 25, 2013]." [
2013 c 77 s 4
.]
Intent
—
2010 c 286:
See RCW 18.06.005
.
Finding
—
Intent
—
2009 c 403:
See note following RCW 18.71.080
.
Subheadings not law
—
2007 c 259:
See note following RCW 7.70.060
.
Finding
—
2005 c 268:
See note following RCW 18.79.202
.
Severability
—
Effective dates
—
1993 sp.s. c 24:
See notes following RCW 28A.310.020
.
RCW 43.70.112
Online access to health care resources
—
Annual accounting of use of funds and use of online resources
—
University of Washington.
Within the amounts transferred from the department of health under RCW 43.70.110
(3), the University of Washington shall, through the health sciences library, provide online access to selected vital clinical resources, medical journals, decision support tools, and evidence-based reviews of procedures, drugs, and devices to the health professionals listed in RCW 43.70.110
(3)(c). Online access shall be available no later than January 1, 2009. Each year, by December 1st, the University of Washington shall provide an annual accounting of the use of the funds transferred, including which categories of health professionals are using the materials available under the program. The accounting must be transmitted by electronic mail to the members of the health care committees of the legislature.
[
2009 c 558 s 2
;
2007 c 259 s 12
.]
NOTES:
Subheadings not law
—
2007 c 259:
See note following RCW 7.70.060
.
RCW 43.70.115
Licenses
—
Denial, suspension, revocation, modification.
This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter
18.130
RCW.
(1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in another manner that shows proof of receipt.
(2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.
(a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.
(b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.
(c) When the department has received certification pursuant to chapter
74.20A
RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order or *an order from a court stating that the licensee is in noncompliance with a residential or visitation order under chapter
26.09
RCW, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.
(3) Except for licensees suspended for noncompliance with a child support order under chapter
74.20A
RCW or noncompliance with a *residential or visitation order under chapter
26.09
RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter
34.05
RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.
(4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.
(b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.
[
1997 c 58 s 843
;
1991 c 3 s 377
.]
NOTES:
*Reviser's note:
1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320
.
Short title
—
Part headings, captions, table of contents not law
—
Exemptions and waivers from federal law
—
Conflict with federal requirements
—
Severability
—
1997 c 58:
See RCW 74.08A.900
through
74.08A.904
.
Effective dates
—
Intent
—
1997 c 58:
See notes following RCW 74.20A.320
.
RCW 43.70.117
Health care professionals licensed in another state or United States territory or the District of Columbia
—
In-state practice on a limited basis
—
Requirements
—
Limitations.
(1) Persons licensed as health care professionals in another state or territory of the United States or the District of Columbia, but not licensed by a disciplining authority specified in RCW 18.130.040, may practice in this state on a limited voluntary basis only as provided in this section.
(2) The volunteer health care professional's license must be for a profession substantially equivalent to a profession regulated by a disciplining authority listed in RCW 18.130.040
.
(3) At least ten working days prior to the first day of volunteer practice, the volunteer health care professional must submit to the department an attestation that includes, but is not limited to, the following:
(a) A confirmation that the health care professional holds an active license to practice in any state or territory of the United States or the District of Columbia;
(b) A confirmation that the health care professional is not presently subject to any disciplinary action or investigation for criminal or professional misconduct in any jurisdiction;
(c) An acknowledgment that the health care professional understands he or she may perform only within the relevant professional scope of practice permitted under Washington law, or state of licensure, whichever is more restrictive;
(d) A confirmation that the health care professional has not volunteered in Washington for more than thirty days in the current calendar year;
(e) The contact information of the organization sponsoring the medical clinic or health care event, if any; and
(f) Anticipated volunteer practice dates.
(4) The attestation must be made on a form established by the secretary.
(5) Neither the volunteer health care professional nor the organization sponsoring a medical clinic or health care event, if any, may charge for any time or services performed in Washington. However, organizations sponsoring a medical clinic or health care event may pay or reimburse the volunteer health care professional for actual incurred travel costs.
(6) No health care professional permitted to practice in Washington under this section may volunteer more than thirty days in any calendar year.
(7) Any organization sponsoring a medical clinic or health care event using the services of any volunteer health care professional permitted to practice under this section must:
(a) Independently verify each requirement in subsection (3) of this section for each volunteer health care professional and retain proof of verification for two years after the last day of the medical clinic or health care event;
(b) Maintain the health care records of all patients evaluated or treated by a volunteer health care professional in compliance with chapter
70.02
RCW; and
(c) Ensure the health care records of all patients evaluated or treated by a volunteer health care professional are accessible to future health care professionals, if needed, in compliance with chapter
70.02
RCW.
(8) This section does not create any civil liability on the part of the state or any state agency, officer, employee, or agent.
(9) This section does not apply to the practice of health care professionals under chapter
38.10
or
38.52
RCW or under an agreement authorized by the United States congress for emergency management assistance.
[
2014 c 126 s 1
.]
RCW 43.70.120
Federal programs
—
Rules
—
Statutes to be construed to meet federal law.
In furtherance of the policy of this state to cooperate with the federal government in the public health programs, the department of health shall adopt such rules and regulations as may become necessary to entitle this state to participate in federal funds unless the same be expressly prohibited by law. Any section or provision of the public health laws of this state which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to satisfy federal laws entitling this state to receive federal funds for the various programs of public health.
[
1989 1st ex.s. c 9 s 264
.]
RCW 43.70.125
Health care facility certification
—
Unfunded federal mandates
—
Applicant fees.
The federal government requires Washington health care facilities to be certified in order to receive federal health care program reimbursement. The department receives funding from the federal government to perform the certifications and recertifications of these health care facilities. When the federal government does not provide sufficient funding to cover all certifications and recertifications, the secretary may assess fees on certification and recertification applicants to fund the certifications and recertifications.
[
2007 c 279 s 1
.]
RCW 43.70.130
Powers and duties of secretary
—
General.
The secretary of health shall:
(1) Exercise all the powers and perform all the duties prescribed by law with respect to public health and vital statistics;
(2) Investigate and study factors relating to the preservation, promotion, and improvement of the health of the people, the causes of morbidity and mortality, and the effects of the environment and other conditions upon the public health, and report the findings to the state board of health for such action as the board determines is necessary;
(3) Strictly enforce all laws for the protection of the public health and the improvement of sanitary conditions in the state, and all rules, regulations, and orders of the state board of health;
(4) Enforce the public health laws of the state and the rules and regulations promulgated by the department or the board of health in local matters, when in its opinion an emergency exists and the local board of health has failed to act with sufficient promptness or efficiency, or is unable for reasons beyond its control to act, or when no local board has been established, and all expenses so incurred shall be paid upon demand of the secretary of the department of health by the local health department for which such services are rendered, out of moneys accruing to the credit of the municipality or the local health department in the current expense fund of the county;
(5) Investigate outbreaks and epidemics of disease that may occur and advise local health officers as to measures to be taken to prevent and control the same;
(6) Exercise general supervision over the work of all local health departments and establish uniform reporting systems by local health officers to the state department of health;
(7) Have the same authority as local health officers, except that the secretary shall not exercise such authority unless the local health officer fails or is unable to do so, or when in an emergency the safety of the public health demands it, or by agreement with the local health officer or local board of health;
(8) Cause to be made from time to time, personal health and sanitation inspections at state owned or contracted institutions and facilities to determine compliance with sanitary and health care standards as adopted by the department, and require the governing authorities thereof to take such action as will conserve the health of all persons connected therewith, and report the findings to the governor;
(9) Review and approve plans for public water system design, engineering, operation, maintenance, financing, and emergency response, as required under state board of health rules;
(10) Take such measures as the secretary deems necessary in order to promote the public health, to establish or participate in the establishment of health educational or training activities, and to provide funds for and to authorize the attendance and participation in such activities of employees of the state or local health departments and other individuals engaged in programs related to or part of the public health programs of the local health departments or the state department of health. The secretary is also authorized to accept any funds from the federal government or any public or private agency made available for health education training purposes and to conform with such requirements as are necessary in order to receive such funds; and
(11) Establish and maintain laboratory facilities and services as are necessary to carry out the responsibilities of the department.
[
1990 c 132 s 2
;
1989 1st ex.s. c 9 s 251
;
1985 c 213 s 2
;
1979 c 141 s 46
;
1967 ex.s. c 102 s 1
;
1965 c 8 s 43.20.010
. Prior: (i)
1909 c 208 s 2
; RRS s 6004. (ii)
1921 c 7 s 59
; RRS s 10817. Formerly RCW 43.20A.600
and
43.20.010
.]
NOTES:
Legislative findings
—
Severability
—
1990 c 132:
See note following RCW 43.20.240
.
Savings
—
Effective date
—
1985 c 213:
See notes following RCW 43.20.050
.
Severability
—
1967 ex.s. c 102:
"If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1967 ex.s. c 102 s 13
.]
Public water systems
—
Complaint process: RCW 43.20.240
.
RCW 43.70.140
Annual conference of health officers.
In order to receive the assistance and advice of local health officers in carrying out the secretary's duties and responsibilities, the secretary of health shall hold annually a conference of local health officers, at such place as the secretary deems convenient, for the discussion of questions pertaining to public health, sanitation, and other matters pertaining to the duties and functions of the local health departments, which shall continue in session for such time not exceeding three days as the secretary deems necessary.
The health officer of each county, district, municipality and county-city department shall attend such conference during its entire session, and receive therefor his or her actual and necessary traveling expenses, to be paid by his or her county, district, and municipality or county-city department. No claim for such expenses shall be allowed or paid unless it is accompanied by a certificate from the secretary of health attesting the attendance of the claimant.
[
1989 1st ex.s. c 9 s 253
;
1979 c 141 s 50
;
1967 ex.s. c 102 s 10
;
1965 c 8 s 43.20.060
. Prior:
1915 c 75 s 1
; RRS s 6005. Formerly RCW 43.20A.615
and
43.20.060
.]
NOTES:
Severability
—
1967 ex.s. c 102:
See note following RCW 43.70.130
.
RCW 43.70.150
Registration of vital statistics.
The secretary of health shall have charge of the state system of registration of births, deaths, fetal deaths, marriages, and decrees of divorce, annulment and separate maintenance, and shall prepare the necessary rules, forms, and blanks for obtaining records, and insure the faithful registration thereof.
[
1989 1st ex.s. c 9 s 254
;
1979 c 141 s 51
;
1967 c 26 s 1
;
1965 c 8 s 43.20.070
. Prior:
1907 c 83 s 1
; RRS s 6018. Formerly RCW 43.20A.620
and
43.20.070
.]
NOTES:
Effective date
—
1967 c 26:
"This act shall take effect on January 1, 1968." [
1967 c 26 s 12
.]
Vital statistics: Chapter
70.58A
RCW.
RCW 43.70.170
Threat to public health
—
Investigation, examination or sampling of articles or conditions constituting
—
Access
—
Subpoena power.
The secretary on his or her own motion or upon the complaint of any interested party, may investigate, examine, sample or inspect any article or condition constituting a threat to the public health including, but not limited to, outbreaks of communicable diseases, food poisoning, contaminated water supplies, and all other matters injurious to the public health. When not otherwise available, the department may purchase such samples or specimens as may be necessary to determine whether or not there exists a threat to the public health. In furtherance of any such investigation, examination or inspection, the secretary or the secretary's authorized representative may examine that portion of the ledgers, books, accounts, memorandums, and other documents and other articles and things used in connection with the business of such person relating to the actions involved.
For purposes of such investigation, the secretary or the secretary's representative shall at all times have free and unimpeded access to all buildings, yards, warehouses, storage and transportation facilities or any other place. The secretary may also, for the purposes of such investigation, issue subpoenas to compel the attendance of witnesses, as provided for in RCW 43.70.090
or the production of books and documents anywhere in the state.
[
1989 1st ex.s. c 9 s 256
;
1979 c 141 s 53
;
1967 ex.s. c 102 s 3
. Formerly RCW 43.20A.640
and
43.20.150
.]
NOTES:
Severability
—
1967 ex.s. c 102:
See note following RCW 43.70.130
.
RCW 43.70.180
Threat to public health
—
Order prohibiting sale or disposition of food or other items pending investigation.
Pending the results of an investigation provided for under RCW 43.70.170, the secretary may issue an order prohibiting the disposition or sale of any food or other item involved in the investigation. The order of the secretary shall not be effective for more than fifteen days without the commencement of a legal action as provided for under RCW 43.70.190
.
[
1989 1st ex.s. c 9 s 257
;
1979 c 141 s 54
;
1967 ex.s. c 102 s 4
. Formerly RCW 43.20A.645
and
43.20.160
.]
NOTES:
Severability
—
1967 ex.s. c 102:
See note following RCW 43.70.130
.
RCW 43.70.183
Disease or public health threat control
—
Prescriptions and standing orders by secretary of health.
(1) The secretary or the secretary's designee, who must be a department employee, may issue a prescription or standing order for any biological product, device, or drug for purposes of controlling and preventing the spread of, mitigating, or treating any infectious or noninfectious disease or threat to the public health. Any such prescription or standing order is issued for a legitimate medical purpose.
(2) To issue a prescription or standing order pursuant to this section, the secretary or secretary's designee must:
(a) Hold a valid, unexpired, unrevoked, and unsuspended license in this state that authorizes the issuance of the prescription or standing order; and
(b) Comply with applicable licensing requirements not in conflict with this section.
(3) The secretary or the secretary's designee has sole discretion and owes no duty to any person to issue a prescription or standing order pursuant to this section. This section does not create a private cause of action. Notwithstanding any other provision of law, neither the state nor the secretary nor the secretary's designee shall be liable for any civil or criminal damages or any professional disciplinary action related to the issuance of prescriptions or standing orders pursuant to this section, other than for acts or omissions constituting gross negligence or willful or wanton misconduct.
(4) The secretary or the secretary's designee may place limitations on the use of a prescription or standing order issued pursuant to this section and should include appropriate recommendations for follow-up care.
(5) Before issuing a standing order pursuant to this section, unless the secretary or the secretary's designee determines that doing so would result in a delay that is likely to endanger the public health, the secretary or the secretary's designee shall solicit and consider the recommendations of the local health officers for the geographic areas to which the standing order will apply and, in the discretion of the secretary or the secretary's designee, stakeholders and persons with relevant knowledge.
(6) The secretary, the secretary's designee, and department employees may acquire, possess, deliver, dispense, and administer a biological product, device, or drug pursuant to a prescription or standing order issued under this section provided that the individual holds a valid, unexpired, unrevoked, and unsuspended license in this state that authorizes such activity, as applicable, and complies with applicable licensing requirements not in conflict with this section. Other persons may acquire, possess, deliver, dispense, and administer a biological product, device, or drug pursuant to a prescription or standing order issued under this section as otherwise provided by law.
(7) For purposes of this section:
(a) "Administer" means to directly apply a biological product, device, or drug, whether by injection, inhalation, ingestion, or any other means, to the body of a patient.
(b) "Biological product" means any of the following, when applied to the prevention, treatment, or cure of a disease or condition of human beings:
(i) A virus;
(ii) A therapeutic serum;
(iii) A toxin;
(iv) An antitoxin;
(v) A vaccine;
(vi) Blood, blood component, or derivative;
(vii) An allergenic product;
(viii) A protein or an analogous product; or
(ix) Arsphenamine, a derivative of arsphenamine, or any trivalent organic arsenic compound.
(c) "Deliver" means to actually, constructively, or attempt to transfer from one person to another a biological product, device, or drug, whether or not there is an agency relationship.
(d) "Device" means any instrument, apparatus, or contrivance, including their components, parts, and accessories, intended:
(i) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or other animals; or
(ii) To affect the structure or any function of the body of human beings or other animals.
(e) "Dispense" means the interpretation of a prescription or order for a biological product, device, or drug and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(f) "Drug" means:
(i) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;
(ii) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals;
(iii) Substances, other than food, intended to affect the structure or any function of the body of human beings or animals; and
(iv) Substances intended for use as a component of any article specified in (f)(i), (ii), or (iii) of this subsection. It does not include devices or their components, parts, or accessories.
(g) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(8) The secretary may adopt rules to implement this section.
(9) Nothing in this section shall limit or modify the authority of a local health officer to issue a prescription or standing order under any other provision of law.
(10) Nothing in this section shall be construed to allow the secretary or the secretary's designee to issue a standing order to require a person to take a drug or biological product or withhold a drug or biological product from a person.
[
2024 c 100 s 1
.]
RCW 43.70.185
Inspection of property where marine species located
—
Prohibitions on harvest or landing
—
Penalties.
(1) The department may enter and inspect any property, lands, or waters, of this state in or on which any marine species are located or from which such species are harvested, whether recreationally or for sale or barter, and any land or water of this state which may cause or contribute to the pollution of areas in or on which such species are harvested or processed. The department may take any reasonably necessary samples to determine whether such species or any lot, batch, or quantity of such species is safe for human consumption.
(2) If the department determines that any species or any lot, batch, or other quantity of such species is unsafe for human consumption because consumption is likely to cause actual harm or because consumption presents a potential risk of substantial harm, the department may, by order under chapter
34.05
RCW, prohibit or restrict the commercial or recreational harvest or landing of any marine species except the recreational harvest of shellfish as defined in chapter
69.30
RCW if taken from privately owned tidelands.
(3) It is unlawful to harvest any marine species in violation of a departmental order prohibiting or restricting such harvest under this section or to possess or sell any marine species so harvested.
(4)(a) Any person who sells any marine species taken in violation of this section is guilty of a gross misdemeanor and subject to the penalties provided in RCW 69.30.140
and
69.30.150
.
(b) Any person who harvests or possesses marine species taken in violation of this section is guilty of a civil infraction and is subject to the penalties provided in RCW 69.30.150
.
(c) Notwithstanding this section, any person who harvests, possesses, sells, offers to sell, culls, shucks, or packs shellfish is subject to the penalty provisions of chapter
69.30
RCW.
(d) Charges shall not be brought against a person under both chapter
69.30
RCW and this section in connection with this same action, incident, or event.
(5) The criminal provisions of this section are subject to enforcement by fish and wildlife officers or ex officio fish and wildlife officers as defined in RCW 77.08.010
.
(6) As used in this section, marine species include all fish, invertebrate or plant species which are found during any portion of the life cycle of those species in the marine environment.
[
2003 c 53 s 231
;
2001 c 253 s 2
;
1995 c 147 s 7
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 43.70.190
Violations
—
Injunctions and legal proceedings authorized.
The secretary of health or local health officer may bring an action to enjoin a violation or the threatened violation of any of the provisions of the public health laws of this state or any rules or regulation made by the state board of health or the department of health pursuant to said laws, or may bring any legal proceeding authorized by law, including but not limited to the special proceedings authorized in Title
7
RCW, in the superior court in the county in which such violation occurs or is about to occur, or in the superior court of Thurston county. Upon the filing of any action, the court may, upon a showing of an immediate and serious danger to residents constituting an emergency, issue a temporary injunctive order ex parte.
[
1990 c 133 s 3
;
1989 1st ex.s. c 9 s 258
;
1979 c 141 s 55
;
1967 ex.s. c 102 s 5
. Formerly RCW 43.20A.650
and
43.20.170
.]
NOTES:
Findings
—
Severability
—
1990 c 133:
See notes following RCW 36.94.140
.
Severability
—
1967 ex.s. c 102:
See note following RCW 43.70.130
.
RCW 43.70.195
Public water systems
—
Receivership actions brought by secretary
—
Plan for disposition.
(1) In any action brought by the secretary of health or by a local health officer pursuant to chapter
7.60
RCW to place a public water system in receivership, the petition shall include the names of one or more suitable candidates for receiver who have consented to assume operation of the water system. The department shall maintain a list of interested and qualified individuals, municipal entities, special purpose districts, and investor-owned water companies with experience in the provision of water service and a history of satisfactory operation of a water system. If there is no other person willing and able to be named as receiver, the court shall appoint the county in which the water system is located as receiver. The county may designate a county agency to operate the system, or it may contract with another individual or public water system to provide management for the system. If the county is appointed as receiver, the secretary of health and the county health officer shall provide regulatory oversight for the agency or other person responsible for managing the water system.
(2) In any petition for receivership under subsection (1) of this section, the department shall recommend that the court grant to the receiver full authority to act in the best interests of the customers served by the public water system. The receiver shall assess the capability, in conjunction with the department and local government, for the system to operate in compliance with health and safety standards, and shall report to the court and the petitioning agency its recommendations for the system's future operation, including the formation of a water-sewer district or other public entity, or ownership by another existing water system capable of providing service.
(3) If a petition for receivership and verifying affidavit executed by an appropriate departmental official allege an immediate and serious danger to residents constituting an emergency, the court shall set the matter for hearing within three days and may appoint a temporary receiver ex parte upon the strength of such petition and affidavit pending a full evidentiary hearing, which shall be held within fourteen days after receipt of the petition.
(4) A bond, if any is imposed upon a receiver, shall be minimal and shall reasonably relate to the level of operating revenue generated by the system. Any receiver appointed pursuant to this section shall not be held personally liable for any good faith, reasonable effort to assume possession of, and to operate, the system in compliance with the court's orders.
(5) The court shall authorize the receiver to impose reasonable assessments on a water system's customers to recover expenditures for improvements necessary for the public health and safety.
(6) No later than twelve months after appointment of a receiver, the petitioning agency, in conjunction with the county in which the system is located, and the appropriate state and local health agencies, shall develop and present to the court a plan for the disposition of the system. The report shall include the recommendations of the receiver made pursuant to subsection (2) of this section. The report shall include all reasonable and feasible alternatives. After receiving the report, the court shall provide notice to interested parties and conduct such hearings as are necessary. The court shall then order the parties to implement one of the alternatives, or any combination thereof, for the disposition of the system. Such order shall include a date, or proposed date, for the termination of the receivership. Nothing in this section authorizes a court to require a city, town, public utility district, water-sewer district, or irrigation district to accept a system that has been in receivership unless the city, town, public utility district, water-sewer district, or irrigation district agrees to the terms and conditions outlined in the plan adopted by the court.
(7) The court shall not terminate the receivership, and order the return of the system to the owners, unless the department of health approves of such an action. The court may impose reasonable conditions upon the return of the system to the owner, including the posting of a bond or other security, routine performance and financial audits, employment of qualified operators and other staff or contracted services, compliance with financial viability requirements, or other measures sufficient to ensure the ongoing proper operation of the system.
(8) If, as part of the ultimate disposition of the system, an eminent domain action is commenced by a public entity to acquire the system, the court shall oversee any appraisal of the system conducted under Title
7
RCW to assure that the appraised value properly reflects any reduced value because of the necessity to make improvements to the system. The court shall have the authority to approve the appraisal, and to modify it based on any information provided at an evidentiary hearing. The court's determination of the proper value of the system, based on the appraisal, shall be final, and only appealable if not supported by substantial evidence. If the appraised value is appealed, the court may order that the system's ownership be transferred upon payment of the approved appraised value.
[
1999 c 153 s 57
;
1994 c 292 s 3
;
1990 c 133 s 4
.]
NOTES:
Part headings not law
—
1999 c 153:
See note following RCW 57.04.050
.
Findings
—
Intent
—
1994 c 292:
See note following RCW 57.04.050
.
Findings
—
Severability
—
1990 c 133:
See notes following RCW 36.94.140
.
RCW 43.70.200
Enforcement of health laws and state or local rules and regulations upon request of local health officer.
Upon the request of a local health officer, the secretary of health is hereby authorized and empowered to take legal action to enforce the public health laws and rules and regulations of the state board of health or local rules and regulations within the jurisdiction served by the local health department, and may institute any civil legal proceeding authorized by the laws of the state of Washington, including a proceeding under Title
7
RCW.
[
1990 c 133 s 5
;
1989 1st ex.s. c 9 s 259
;
1979 c 141 s 56
;
1967 ex.s. c 102 s 6
. Formerly RCW 43.20A.655
and
43.20.180
.]
NOTES:
Findings
—
Severability
—
1990 c 133:
See notes following RCW 36.94.140
.
Severability
—
1967 ex.s. c 102:
See note following RCW 43.70.130
.
RCW 43.70.210
Right of person to rely on prayer to alleviate ailments not abridged.
Nothing in chapter
43.20
or
43.70
RCW, or RCW 43.70.120
shall be construed to abridge the right of any person to rely exclusively on spiritual means alone through prayer to alleviate human ailments, sickness or disease, in accordance with the tenets and practice of the Church of Christ, Scientist, nor shall anything in chapters
43.20, 43.70
RCW, or RCW 43.70.120
be deemed to prohibit a person so relying who is inflicted with a contagious or communicable disease from being isolated or quarantined in a private place of his or her own choice, provided, it is approved by the local health officer, and all laws, rules and regulations governing control, sanitation, isolation and quarantine are complied with.
[
2009 c 549 s 5145
;
1989 1st ex.s. c 9 s 260
;
1979 c 141 s 59
;
1967 ex.s. c 102 s 14
. Formerly RCW 43.20A.665
and
43.20.210
.]
NOTES:
Severability
—
1967 ex.s. c 102:
See note following RCW 43.70.130
.
Prayer: RCW 18.50.030, 70.127.040, 70.128.170, 74.09.190
.
RCW 43.70.220
Transfer of powers and duties from the department of licensing.
The powers and duties of the department of licensing and the director of licensing under the following statutes are hereby transferred to the department of health and the secretary of health: Chapters
18.06, 18.19, 18.22, 18.25, 18.29, 18.32, 18.34, 18.35, 18.36A, 18.50, 18.52, 18.52C, 18.53, 18.54, 18.55, 18.57, 18.59, 18.71, 18.71A, 18.74, 18.83, 18.84, 18.79, 18.89, 18.92, 18.108, and
18.138
RCW. More specifically, the health professions regulatory programs and services presently administered by the department of licensing are hereby transferred to the department of health.
[
2020 c 80 s 29
;
1994 sp.s. c 9 s 727
;
1989 1st ex.s. c 9 s 301
.]
NOTES:
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Severability
—
Headings and captions not law
—
Effective date
—
1994 sp.s. c 9:
See RCW 18.79.900
through
18.79.902
.
RCW 43.70.230
Office of health consumer assistance created
—
Duties.
There is created in the department an office of health consumer assistance. The office shall establish a statewide hotline and shall assist and serve as an advocate for consumers who are complainants or witnesses in a licensing or disciplinary proceeding.
[
1989 1st ex.s. c 9 s 303
.]
RCW 43.70.240
Written operating agreements.
The secretary and each of the professional licensing and disciplinary boards listed in RCW 18.130.040
(2)(b) shall enter into written operating agreements on administrative procedures with input from the regulated profession and the public. The intent of these agreements is to provide a process for the department to consult each board on administrative matters and to ensure that the administration and staff functions effectively enable each board to fulfill its statutory responsibilities in a manner that supports the health care delivery system and evidence-based practices across all health professions. The agreements shall include, but not be limited to, the following provisions:
(1) Administrative activities supporting the board's policies, goals, and objectives;
(2) Development and review of the agency budget as it relates to the board;
(3) Board-related personnel issues;
(4) Use of performance audits to evaluate the consistent use of common business practices where appropriate; and
(5) Calculation and reporting of timelines and performance measures.
The agreements shall be reviewed and revised in like manner if appropriate at the beginning of each biennium, and at other times upon written request by the secretary or the board. Any dispute between a board and the department, including the terms of the operating agreement, must be mediated and determined by a representative of the office of financial management.
[
2013 c 81 s 7
;
1998 c 245 s 73
;
1989 1st ex.s. c 9 s 304
.]
NOTES:
Effective date
—
2013 c 81:
See note following RCW 18.25.0167
.
RCW 43.70.250
License fees for professions, occupations, and businesses.
(1) It shall be the policy of the state of Washington that the cost of each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business.
(2) The secretary shall from time to time establish the amount of all application fees, license fees, registration fees, examination fees, permit fees, renewal fees, and any other fee associated with licensing or regulation of professions, occupations, or businesses administered by the department. Any and all fees or assessments, or both, levied on the state to cover the costs of the operations and activities of the interstate health professions licensure compacts with participating authorities listed under chapter
18.130
RCW shall be borne by the persons who hold licenses issued pursuant to the authority and procedures established under the compacts. In fixing said fees, the secretary shall set the fees for each program at a sufficient level to defray the costs of administering that program and the cost of regulating licensed volunteer medical workers in accordance with RCW 18.130.360, except as provided in RCW 18.79.202
. In no case may the secretary impose any certification, examination, or renewal fee upon a person seeking certification as a certified peer support specialist trainee under chapter
18.420
RCW or, between July 1, 2025, and July 1, 2030, impose a certification, examination, or renewal fee of more than $100 upon any person seeking certification as a certified peer support specialist under chapter
18.420
RCW. Subject to amounts appropriated for this specific purpose, between July 1, 2024, and July 1, 2029, the secretary may not impose any certification or certification renewal fee on a person seeking certification as a substance use disorder professional or substance use disorder professional trainee under chapter
18.205
RCW of more than $100.
(3) All such fees shall be fixed by rule adopted by the secretary in accordance with the provisions of the administrative procedure act, chapter
34.05
RCW.
[
2025 c 360 s 15
;
2024 c 366 s 14
;
2023 c 469 s 21
;
2019 c 415 s 966
;
2017 c 195 s 26
;
2016 c 146 s 1
;
2013 c 77 s 2
;
2006 c 72 s 4
;
2005 c 268 s 3
;
1996 c 191 s 1
;
1989 1st ex.s. c 9 s 319
.]
NOTES:
Findings
—
Intent
—
2024 c 366:
See note following RCW 71.24.847
.
Effective date
—
2019 c 415:
See note following RCW 28B.20.476
.
Effective date
—
2013 c 77:
See note following RCW 43.70.110
.
Finding
—
2005 c 268:
See note following RCW 18.79.202
.
RCW 43.70.260
Appointment of temporary additional members of boards and committees for administration and grading of examinations.
The secretary may, at the request of a board or committee established under Title
18
RCW under the administrative authority of the department of health, appoint temporary additional members for the purpose of participating as members during the administration and grading of practical examinations for licensure, certification, or registration. The appointment shall be for the duration of the examination specified in the request. Individuals so appointed must meet the same minimum qualifications as regular members of the board or committee, including the requirement to be licensed, certified, or registered. While serving as board or committee members, persons so appointed have all the powers, duties, and immunities and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050
and
43.03.060, of regular members of the board or committee. This authority is intended to provide for more efficient, economical, and effective examinations.
[
1989 1st ex.s. c 9 s 320
.]
RCW 43.70.270
License moratorium for persons in the service
—
Rules.
(1) Notwithstanding any provision of law to the contrary, the license of any person licensed by the secretary of health to practice a profession or engage in an occupation, if valid and in force and effect at the time the licensee entered service in the armed forces, the United States public health service commissioned corps, or the merchant marine of the United States, shall continue in full force and effect so long as such service continues, unless sooner suspended, canceled, or revoked for cause as provided by law. The secretary shall renew the license of every such person who applies for renewal thereof within six months after being discharged from service with a qualifying discharge as defined in RCW 73.04.005, upon payment of the renewal fee applicable to the then current year or other license period.
(2) If requested by the licensee, the license of a spouse or registered domestic partner of a service member in the United States armed forces, including the United States public health service commissioned corps, if valid and in force and effect at the time the service member is deployed or stationed in a location outside Washington state, must be placed in inactive military spouse or registered domestic partner status so long as such service continues, unless sooner suspended, canceled, or revoked for cause as provided by law. The secretary shall return to active status the license of every such person who applies for renewal thereof within six months after the service member is discharged from service with a qualifying discharge as defined in RCW 73.04.005, or sooner if requested by the licensee, upon payment of the renewal fee applicable to the then current year or other license period.
(3) The secretary may adopt any rules necessary to implement this section.
[
2024 c 146 s 23
;
2012 c 45 s 2
;
1989 1st ex.s. c 9 s 321
.]
NOTES:
Intent
—
2024 c 146:
See note following RCW 73.04.005
.
RCW 43.70.280
Procedure for issuance, renewal, or reissuance of credentials
—
Extension or modification of licensing, certification, or registration period authorized.
(1) The secretary, in consultation with health profession boards and commissions, shall establish by rule the administrative procedures, administrative requirements, and fees for initial issue, renewal, and reissue of a credential for professions under RCW 18.130.040, including procedures and requirements for late renewals and uniform application of late renewal penalties. Failure to renew invalidates the credential and all privileges granted by the credential. Administrative procedures and administrative requirements do not include establishing, monitoring, and enforcing qualifications for licensure, scope or standards of practice, continuing competency mechanisms, and discipline when such authority is authorized in statute to a health profession board or commission. For the purposes of this section, "in consultation with" means providing an opportunity for meaningful participation in development of rules consistent with processes set forth in RCW 34.05.310
.
(2) Notwithstanding any provision of law to the contrary which provides for a licensing period for any type of license subject to this chapter including those under RCW 18.130.040, the secretary of health may, from time to time, extend or otherwise modify the duration of any licensing, certification, or registration period, whether an initial or renewal period, if the secretary determines that it would result in a more economical or efficient operation of state government and that the public health, safety, or welfare would not be substantially adversely affected thereby. However, no license, certification, or registration may be issued or approved for a period in excess of four years, without renewal. Such extension, reduction, or other modification of a licensing, certification, or registration period shall be by rule or regulation of the department of health adopted in accordance with the provisions of chapter
34.05
RCW. Such rules and regulations may provide a method for imposing and collecting such additional proportional fee as may be required for the extended or modified period.
[
1999 c 34 s 1
;
1998 c 29 s 1
;
1996 c 191 s 2
;
1989 1st ex.s. c 9 s 322
.]
RCW 43.70.290
Funeral directors and embalmers subject to chapter
18.130
RCW.
Funeral directors and embalmers, licensed under chapter
18.39
RCW, are subject to the provisions of chapter
18.130
RCW under the administration of the department of licensing. The department of licensing shall review the statutes authorizing the regulation of funeral directors and embalmers, and recommend any changes necessary by January 1, 1990.
[
1989 1st ex.s. c 9 s 323
.]
RCW 43.70.300
Secretary or secretary's designee ex officio member of health professional licensure and disciplinary boards.
In order to provide liaison with the department of health, provide continuity between changes in board membership, achieve uniformity as appropriate in licensure or regulated activities under the jurisdiction of the department, and to better represent the public interest, the secretary, or a designee appointed by the secretary, shall serve as an ex officio member of every health professional licensure or disciplinary board established under Title
18
RCW under the administrative authority of the department of health. The secretary shall have no vote unless otherwise authorized by law.
[
1989 1st ex.s. c 9 s 318
;
1983 c 168 s 11
. Formerly RCW 43.24.015
.]
RCW 43.70.310
Cooperation with department of ecology.
Where feasible, the department and the state board of health shall consult with the department of ecology in order that, to the fullest extent possible, agencies concerned with the preservation of life and health and agencies concerned with protection of the environment may integrate their efforts and endorse policies in common.
[
1987 c 109 s 25
;
1970 ex.s. c 18 s 12
. Formerly RCW 43.20A.140
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 43.70.320
Health professions account
—
Fees credited
—
Requirements for biennial budget request
—
Unappropriated funds.
(1) There is created in the state treasury an account to be known as the health professions account. All fees received by the department for health professions licenses, registration, certifications, renewals, compact privileges, or examinations and the civil penalties assessed and collected by the department under RCW 18.130.190
shall be forwarded to the state treasurer who shall credit such moneys to the health professions account.
(2) All expenses incurred in carrying out the health professions licensing activities of the department shall be paid from the account as authorized by legislative appropriation, except as provided in subsections (4) and (5) of this section. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium.
(3) The secretary shall biennially prepare a budget request based on the anticipated costs of administering the health professions licensing activities of the department which shall include the estimated income from health professions fees.
(4) The fees received by the department from applicants for compact privilege under RCW 18.74.500
must be used for the purpose of meeting financial obligations imposed on the state as a result of this state's participation in the physical therapy licensure compact.
(5) The secretary shall, at the request of a board or commission as applicable, spend unappropriated funds in the health professions account that are allocated to the requesting board or commission to meet unanticipated costs of that board or commission when revenues exceed more than fifteen percent over the department's estimated six-year spending projections for the requesting board or commission. Unanticipated costs shall be limited to spending as authorized in subsection (3) of this section for anticipated costs.
[
2019 c 220 s 1
;
2017 c 108 s 7
;
2015 c 70 s 39
;
2008 c 134 s 16
;
1993 c 492 s 411
;
1991 sp.s. c 13 s 18
;
1991 c 3 s 299
;
1985 c 57 s 29
;
1983 c 168 s 5
. Formerly RCW 43.24.072
.]
NOTES:
Effective date
—
2019 c 220:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [
2019 c 220 s 3
.]
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Finding
—
Intent
—
Severability
—
2008 c 134:
See notes following RCW 18.130.020
.
Findings
—
Intent
—
1993 c 492:
See notes following RCW 43.20.050
.
Short title
—
Savings
—
Reservation of legislative power
—
Effective dates
—
1993 c 492:
See RCW 43.72.910
through
43.72.915
.
Effective dates
—
Severability
—
1991 sp.s. c 13:
See notes following RCW 18.08.240
.
Effective date
—
1985 c 57:
See note following RCW 18.04.105
.
RCW 43.70.323
Hospital infection control grant account.
The hospital infection control grant account is created in the custody of the state treasury. All receipts from gifts, grants, bequests, devises, or other funds from public or private sources to support its activities must be deposited into the account. Expenditures from the account may be used only for awarding hospital infection control grants to hospitals and public agencies for establishing and maintaining hospital infection control and surveillance programs, for providing support for such programs, and for the administrative costs associated with the grant program. Only the secretary or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88
RCW, but an appropriation is not required for expenditures.
[
2007 c 261 s 5
.]
NOTES:
Findings
—
2007 c 261:
See note following RCW 43.70.056
.
RCW 43.70.327
Public health supplemental account
—
Annual statement.
(1) The public health supplemental account is created in the state treasury. All receipts from gifts, bequests, devises, or funds, whose use is determined to further the purpose of maintaining and improving the health of Washington residents through the public health system, and all receipts from breast cancer awareness special license plate fees collected under *RCW 46.17.220
(1)(e), must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for maintaining and improving the health of Washington residents through the public health system, which may include funding for staff[,] and as specified under RCW 46.68.425
(2).
(2) The department shall file an annual statement of the financial condition, transactions, and affairs of any program funded under this section in a form and manner prescribed by the office of financial management. A copy of the annual statement shall be filed with the speaker of the house of representatives and the president of the senate.
[
2014 c 94 s 1
;
2014 c 77 s 4
;
2001 c 80 s 3
.]
NOTES:
Reviser's note:
*(1) RCW 46.17.220
was amended by 2018 c 67 s 4, changing subsection (1)(e) to subsection (4), effective January 1, 2019.
(2) This section was amended by 2014 c 77 s 4 and by 2014 c 94 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2014 c 77:
See note following RCW 46.18.200
.
Findings
—
Intent
—
2001 c 80:
See note following RCW 43.70.040
.
RCW 43.70.334
Temporary worker housing
—
Definition.
For the purposes of RCW 43.70.335, 43.70.337, and
43.70.340, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020
.
[
1999 c 374 s 9
.]
RCW 43.70.335
Temporary worker housing operating license
—
Fee
—
Display
—
Suspension or revocation
—
Fines
—
Refunds
—
Rules
—
Application of department of labor and industries standards.
(1) Any person providing temporary worker housing consisting of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants, or any person providing temporary worker housing who makes the election to comply with the temporary worker building code under RCW 70.114A.081
(1)(g), shall secure an annual operating license prior to occupancy and shall pay a fee according to RCW 43.70.340
. The license shall be conspicuously displayed on-site.
(2) Licenses issued under this chapter may be suspended or revoked upon the failure or refusal of the person providing temporary worker housing to comply with rules adopted under this section or chapter
70.114A
RCW by the department. All such proceedings shall be governed by the provisions of chapter
34.05
RCW.
(3) The department may assess a civil fine in accordance with RCW 43.70.095
for failure or refusal to obtain a license prior to occupancy of temporary worker housing. The department may refund all or part of the civil fine collected once the operator obtains a valid operating license.
(4) Civil fines under this section shall not exceed twice the cost of the license plus the cost of the initial on-site inspection for the first violation of this section, and shall not exceed ten times the cost of the license plus the cost of the initial on-site inspection for second and subsequent violations within any five-year period. The department may adopt rules as necessary to assure compliance with this section.
[
1999 c 374 s 10
;
1998 c 37 s 5
.]
RCW 43.70.337
Temporary worker housing building permit
—
Plans and specifications
—
Fees
—
Rules.
(1) Any person who constructs, alters, or makes an addition to temporary worker housing consisting of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants, or any person who constructs, alters, or makes an addition to temporary worker housing who elects to comply with the temporary worker building code under RCW 70.114A.081
(1)(g), shall:
(a) Submit plans and specifications for the alteration, addition, or new construction of this housing prior to beginning any alteration, addition, or new construction on this housing;
(b) Apply for and obtain a temporary worker housing building permit from the department prior to construction or alteration of this housing; and
(c) Submit a plan review and permit fee to the department of health pursuant to RCW 43.70.340
.
(2) The department shall adopt rules as necessary, for the application procedures for the temporary worker housing plan review and permit process.
(3) Any alteration of a manufactured structure to be used for temporary worker housing remains subject to chapter
43.22
RCW, and the rules adopted under chapter
43.22
RCW.
[
1998 c 37 s 6
.]
RCW 43.70.340
Temporary worker housing inspection fund
—
Fees on temporary worker housing operating licenses and building permits
—
Licenses generally.
(1) The temporary worker housing fund is established in the custody of the state treasury. The department shall deposit all funds received under subsections (2) and (3) of this section and from the legislature to administer a temporary worker housing permitting, licensing, and inspection program conducted by the department. Disbursement from the fund shall be on authorization of the secretary of health or the secretary's designee. The fund is subject to the allotment procedure provided under chapter
43.88
RCW, but no appropriation is required for disbursements.
(2) There is imposed a fee on each operating license issued by the department to every operator of temporary worker housing that is regulated by the state board of health. In establishing the fee to be paid under this subsection the department shall consider the cost of administering a license as well as enforcing applicable state board of health rules on temporary worker housing.
(3) There is imposed a fee on each temporary worker housing building permit issued by the department to every operator of temporary worker housing as required by RCW 43.70.337
. The fee shall include the cost of administering a permit as well as enforcing the department's temporary worker building code as adopted under RCW 70.114A.081
.
(4) The department shall conduct a fee study for:
(a) A temporary worker housing operator's license;
(b) On-site inspections; and
(c) A plan review and building permit for new construction.
After completion of the study, the department shall adopt these fees by rule by no later than December 31, 1998.
(5) The term of the operating license and the application procedures shall be established, by rule, by the department.
[
1998 c 37 s 7
;
1990 c 253 s 3
.]
NOTES:
Legislative finding and purpose
—
1990 c 253:
"The legislature finds that the demand for housing for migrant and seasonal farmworkers far exceeds the supply of adequate housing in the state of Washington. In addition, increasing numbers of these housing units are in deteriorated condition because they cannot be economically maintained and repaired.
The legislature further finds that the lack of a clear program for the regulation and inspection of farmworker housing has impeded the construction and renovation of housing units in this state.
It is the purpose of this act for the various agencies involved in the regulation of farmworker housing to coordinate and consolidate their activities to provide for efficient and effective monitoring of farmworker housing. It is intended that this action will provide greater responsiveness in dealing with public concerns over farmworker housing, and allow greater numbers of housing units to be built." [
1990 c 253 s 1
.]
RCW 43.70.400
Head injury prevention
—
Legislative finding.
The legislature finds that head injury is a major cause of death and disability for Washington citizens. The costs of head injury treatment and rehabilitation are extensive and resultant disabilities are long and indeterminate. These costs are often borne by public programs such as medicaid. The legislature finds further that many such injuries are preventable. The legislature intends to reduce the occurrence of head injury by educating persons whose behavior may place them at risk and by regulating certain activities.
[
1990 c 270 s 2
.]
RCW 43.70.410
Head injury prevention
—
Program, generally.
As used in RCW 43.70.400
through
43.70.440, the term "head injury" means traumatic brain injury.
A head injury prevention program is created in the department of health. The program's functions may be integrated with those of similar programs to promote comprehensive, integrated, and effective health promotion and disease prevention.
In consultation with the traffic safety commission, the department shall, directly or by contract, identify and coordinate public education efforts currently underway within state government and among private groups to prevent traumatic brain injury, including, but not limited to, bicycle safety, pedestrian safety, bicycle passenger seat safety, motorcycle safety, motor vehicle safety, and sports safety. If the department finds that programs are not available or not in use, it may, within funds appropriated for the purpose, provide grants to promote public education efforts. Grants may be awarded only after recipients have demonstrated coordination with relevant and knowledgeable groups within their communities, including at least schools, brain injury support organizations, hospitals, physicians, traffic safety specialists, police, and the public. The department may accept grants, gifts, and donations from public or private sources to use to carry out the head injury prevention program.
The department may assess or contract for the assessment of the effectiveness of public education efforts coordinated or initiated by any agency of state government. Agencies are directed to cooperate with assessment efforts by providing access to data and program records as reasonably required. The department may seek and receive additional funds from the federal government or private sources for assessments. Assessments shall contain findings and recommendations that will improve the effectiveness of public education efforts. These findings shall be distributed among public and private groups concerned with traumatic brain injury prevention.
[
1990 c 270 s 3
.]
NOTES:
Bicycle awareness program: RCW 43.43.390
.
RCW 43.70.420
Head injury prevention
—
Information preparation.
The department of health, the department of licensing, and the traffic safety commission shall jointly prepare information for driver license manuals, driver education programs, and driving tests to increase driver awareness of pedestrian safety, to increase driver skills in avoiding pedestrian and motor vehicle accidents, and to determine drivers' abilities to avoid pedestrian motor vehicle accidents.
[
1990 c 270 s 4
.]
RCW 43.70.430
Head injury prevention
—
Guidelines on training and education
—
Training of emergency medical personnel.
The department shall prepare guidelines on relevant training and education regarding traumatic brain injury for health and education professionals, and relevant public safety and law enforcement officials. The department shall distribute such guidelines and any recommendations for training or educational requirements for health professionals or educators to the disciplinary authorities governed by chapter
18.130
RCW and to educational service districts established under chapter
28A.310
RCW. Specifically, all emergency medical personnel shall be trained in proper helmet removal.
[
1990 c 270 s 6
.]
RCW 43.70.435
Diagnosed concussions of students
—
Report.
(1) The department must develop a procedure to, beginning in the 2020-21 school year, collect the information related to the diagnosed concussions of students as described in RCW 28A.600.192
.
(2) Beginning October 1, 2021, by October 1st annually thereafter, and in compliance with RCW 43.01.036, the department shall report a summary of the diagnosed concussion information received in the prior school year to the appropriate committees of the legislature and the office of the superintendent of public instruction. The report must include rates, patterns, trends, and other relevant information.
[
2020 c 347 s 2
.]
RCW 43.70.440
Head injury prevention act
—
Short title
—
1990 c 270.
This act shall be known and cited as the Head Injury Prevention Act of 1990.
[
1990 c 270 s 1
.]
RCW 43.70.442
Suicide assessment, treatment, and management training
—
Requirement for certain professionals
—
Exemptions
—
Model list of programs
—
Rules
—
Health profession training standards provided to the professional educator standards board.
(Effective until June 30, 2027.)
(1)(a) Each of the following professionals certified or licensed under Title
18
RCW shall, at least once every six years, complete training in suicide assessment, treatment, and management that is approved, in rule, by the relevant disciplining authority:
(i) An adviser or counselor certified under chapter
18.19
RCW;
(ii) A substance use disorder professional licensed under chapter
18.205
RCW;
(iii) A marriage and family therapist licensed under chapter
18.225
RCW;
(iv) A mental health counselor licensed under chapter
18.225
RCW;
(v) An occupational therapy practitioner licensed under chapter
18.59
RCW;
(vi) A psychologist licensed under chapter
18.83
RCW;
(vii) An advanced social worker or independent clinical social worker licensed under chapter
18.225
RCW; and
(viii) A social worker associate
—
advanced or social worker associate
—
independent clinical licensed under chapter
18.225
RCW.
(b) The requirements in (a) of this subsection apply to a person holding a retired active license for one of the professions in (a) of this subsection.
(c) The training required by this subsection must be at least six hours in length, unless a disciplining authority has determined, under subsection (10)(b) of this section, that training that includes only screening and referral elements is appropriate for the profession in question, in which case the training must be at least three hours in length.
(d) Beginning July 1, 2017, the training required by this subsection must be on the model list developed under subsection (6) of this section. Nothing in this subsection (1)(d) affects the validity of training completed prior to July 1, 2017.
(2)(a) Except as provided in (b) of this subsection:
(i) A professional listed in subsection (1)(a) of this section must complete the first training required by this section by the end of the first full continuing education reporting period after January 1, 2014, or during the first full continuing education reporting period after initial licensure or certification, whichever occurs later.
(ii) Beginning July 1, 2021, the second training for a psychologist, a marriage and family therapist, a mental health counselor, an advanced social worker, an independent clinical social worker, a social worker associate-advanced, or a social worker associate-independent clinical must be either: (A) An advanced training focused on suicide management, suicide care protocols, or effective treatments; or (B) a training in a treatment modality shown to be effective in working with people who are suicidal, including dialectical behavior therapy, collaborative assessment and management of suicide risk, or cognitive behavior therapy-suicide prevention. If a professional subject to the requirements of this subsection has already completed the professional's second training prior to July 1, 2021, the professional's next training must comply with this subsection. This subsection (2)(a)(ii) does not apply if the licensee demonstrates that the training required by this subsection (2)(a)(ii) is not reasonably available.
(b)(i) A professional listed in subsection (1)(a) of this section applying for initial licensure may delay completion of the first training required by this section for six years after initial licensure if he or she can demonstrate successful completion of the training required in subsection (1) of this section no more than six years prior to the application for initial licensure.
(ii) Beginning July 1, 2021, a psychologist, a marriage and family therapist, a mental health counselor, an advanced social worker, an independent clinical social worker, a social worker associate-advanced, or a social worker associate-independent clinical exempt from his or her first training under (b)(i) of this subsection must comply with the requirements of (a)(ii) of this subsection for his or her first training after initial licensure. If a professional subject to the requirements of this subsection has already completed the professional's first training after initial licensure, the professional's next training must comply with this subsection (2)(b)(ii). This subsection (2)(b)(ii) does not apply if the licensee demonstrates that the training required by this subsection (2)(b)(ii) is not reasonably available.
(3) The hours spent completing training in suicide assessment, treatment, and management under this section count toward meeting any applicable continuing education or continuing competency requirements for each profession.
(4)(a) A disciplining authority may, by rule, specify minimum training and experience that is sufficient to exempt an individual professional from the training requirements in subsections (1) and (5) of this section. Nothing in this subsection (4)(a) allows a disciplining authority to provide blanket exemptions to broad categories or specialties within a profession.
(b) A disciplining authority may exempt a professional from the training requirements of subsections (1) and (5) of this section if the professional has only brief or limited patient contact.
(5)(a) Each of the following professionals credentialed under Title
18
RCW shall complete a one-time training in suicide assessment, treatment, and management that is approved by the relevant disciplining authority:
(i) A chiropractor licensed under chapter
18.25
RCW;
(ii) A naturopath licensed under chapter
18.36A
RCW;
(iii) A licensed practical nurse, registered nurse, or *advanced registered nurse practitioner, other than a certified registered nurse anesthetist, licensed under chapter
18.79
RCW;
(iv) An osteopathic physician and surgeon licensed under chapter
18.57
RCW, other than a holder of a postgraduate osteopathic medicine and surgery license issued under RCW 18.57.035
;
(v) A physical therapist or physical therapist assistant licensed under chapter
18.74
RCW;
(vi) A physician licensed under chapter
18.71
RCW, other than a resident holding a limited license issued under RCW 18.71.095
(3);
(vii) A physician assistant licensed under chapter
18.71A
RCW;
(viii) A pharmacist licensed under chapter
18.64
RCW;
(ix) A dentist licensed under chapter
18.32
RCW;
(x) A dental hygienist licensed under chapter
18.29
RCW;
(xi) An athletic trainer licensed under chapter
18.250
RCW;
(xii) An optometrist licensed under chapter
18.53
RCW;
(xiii) An acupuncture and Eastern medicine practitioner licensed under chapter
18.06
RCW;
(xiv) A dental therapist licensed under chapter
18.265
RCW; and
(xv) A person holding a retired active license for one of the professions listed in (a)(i) through (xiv) of this subsection.
(b)(i) A professional listed in (a)(i) through (vii) of this subsection or a person holding a retired active license for one of the professions listed in (a)(i) through (vii) of this subsection must complete the one-time training by the end of the first full continuing education reporting period after January 1, 2016, or during the first full continuing education reporting period after initial licensure, whichever is later. Training completed between June 12, 2014, and January 1, 2016, that meets the requirements of this section, other than the timing requirements of this subsection (5)(b), must be accepted by the disciplining authority as meeting the one-time training requirement of this subsection (5).
(ii) A licensed pharmacist or a person holding a retired active pharmacist license must complete the one-time training by the end of the first full continuing education reporting period after January 1, 2017, or during the first full continuing education reporting period after initial licensure, whichever is later.
(iii) A licensed dentist, a licensed dental hygienist, or a person holding a retired active license as a dentist shall complete the one-time training by the end of the full continuing education reporting period after August 1, 2020, or during the first full continuing education reporting period after initial licensure, whichever is later. Training completed between July 23, 2017, and August 1, 2020, that meets the requirements of this section, other than the timing requirements of this subsection (5)(b)(iii), must be accepted by the disciplining authority as meeting the one-time training requirement of this subsection (5).
(iv) A licensed optometrist or a licensed acupuncture and Eastern medicine practitioner, or a person holding a retired active license as an optometrist or an acupuncture and Eastern medicine practitioner, shall complete the one-time training by the end of the full continuing education reporting period after August 1, 2021, or during the first full continuing education reporting period after initial licensure, whichever is later. Training completed between August 1, 2020, and August 1, 2021, that meets the requirements of this section, other than the timing requirements of this subsection (5)(b)(iv), must be accepted by the disciplining authority as meeting the one-time training requirement of this subsection (5).
(c) The training required by this subsection must be at least six hours in length, unless a disciplining authority has determined, under subsection (10)(b) of this section, that training that includes only screening and referral elements is appropriate for the profession in question, in which case the training must be at least three hours in length.
(d) Beginning July 1, 2017, the training required by this subsection must be on the model list developed under subsection (6) of this section. Nothing in this subsection (5)(d) affects the validity of training completed prior to July 1, 2017.
(6)(a) The secretary and the disciplining authorities shall work collaboratively to develop a model list of training programs in suicide assessment, treatment, and management. Beginning July 1, 2021, for purposes of subsection (2)(a)(ii) of this section, the model list must include advanced training and training in treatment modalities shown to be effective in working with people who are suicidal.
(b) The secretary and the disciplining authorities shall update the list at least once every two years.
(c) By June 30, 2016, the department shall adopt rules establishing minimum standards for the training programs included on the model list. The minimum standards must require that six-hour trainings include content specific to veterans and the assessment of issues related to imminent harm via lethal means or self-injurious behaviors and that three-hour trainings for pharmacists or dentists include content related to the assessment of issues related to imminent harm via lethal means. By July 1, 2024, the minimum standards must be updated to require that both the six-hour and three-hour trainings include content specific to the availability of and the services offered by the 988 crisis hotline and the behavioral health crisis response and suicide prevention system and best practices for assisting persons with accessing the 988 crisis hotline and the system. Beginning September 1, 2024, trainings submitted to the department for review and approval must include the updated information in the minimum standards for the model list as well as all subsequent submissions. When adopting the rules required under this subsection (6)(c), the department shall:
(i) Consult with the affected disciplining authorities, public and private institutions of higher education, educators, experts in suicide assessment, treatment, and management, the Washington department of veterans affairs, and affected professional associations; and
(ii) Consider standards related to the best practices registry of the American foundation for suicide prevention and the suicide prevention resource center.
(d) Beginning January 1, 2017:
(i) The model list must include only trainings that meet the minimum standards established in the rules adopted under (c) of this subsection and any three-hour trainings that met the requirements of this section on or before July 24, 2015;
(ii) The model list must include six-hour trainings in suicide assessment, treatment, and management, and three-hour trainings that include only screening and referral elements; and
(iii) A person or entity providing the training required in this section may petition the department for inclusion on the model list. The department shall add the training to the list only if the department determines that the training meets the minimum standards established in the rules adopted under (c) of this subsection.
(e) By January 1, 2021, the department shall adopt minimum standards for advanced training and training in treatment modalities shown to be effective in working with people who are suicidal. Beginning July 1, 2021, all such training on the model list must meet the minimum standards. When adopting the minimum standards, the department must consult with the affected disciplining authorities, public and private institutions of higher education, educators, experts in suicide assessment, treatment, and management, the Washington department of veterans affairs, and affected professional associations.
(7) The department shall provide the health profession training standards created in this section to the professional educator standards board as a model in meeting the requirements of RCW 28A.410.226
and provide technical assistance, as requested, in the review and evaluation of educator training programs. The educator training programs approved by the professional educator standards board may be included in the department's model list.
(8) Nothing in this section may be interpreted to expand or limit the scope of practice of any profession regulated under chapter
18.130
RCW.
(9) The secretary and the disciplining authorities affected by this section shall adopt any rules necessary to implement this section.
(10) For purposes of this section:
(a) "Disciplining authority" has the same meaning as in RCW 18.130.020
.
(b) "Training in suicide assessment, treatment, and management" means empirically supported training approved by the appropriate disciplining authority that contains the following elements: Suicide assessment, including screening and referral, suicide treatment, and suicide management. However, the disciplining authority may approve training that includes only screening and referral elements if appropriate for the profession in question based on the profession's scope of practice. The board of occupational therapy may also approve training that includes only screening and referral elements if appropriate for occupational therapy practitioners based on practice setting.
(11) A state or local government employee is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six-hour block or may be spread among shorter training sessions at the employer's discretion.
(12) An employee of a community mental health agency licensed under chapter
71.24
RCW or a chemical dependency program certified under chapter
71.24
RCW is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six-hour block or may be spread among shorter training sessions at the employer's discretion.
[
2023 c 460 s 22
;
2023 c 454 s 4
. Prior:
2020 c 229 s 1
;
2020 c 80 s 30
; prior:
2019 c 444 s 13
; (2019 c 444 s 12 expired August 1, 2020);
2019 c 358 s 5
; (2019 c 358 s 4 expired August 1, 2020);
2017 c 262 s 4
;
2016 c 90 s 5
;
2015 c 249 s 1
;
2014 c 71 s 2
; prior:
2013 c 78 s 1
;
2013 c 73 s 6
;
2012 c 181 s 2
.]
NOTES:
Reviser's note:
*(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
(2) This section was amended by 2023 c 454 s 4 and by 2023 c 460 s 22, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2023 c 460 ss 1-22:
See note following RCW 18.265.005
.
Effective date
—
2020 c 229 s 1:
"Section 1 of this act takes effect August 1, 2020." [
2020 c 229 s 4
.]
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Effective dates
—
2019 c 444 ss 13 and 19:
"(1) Section 13 of this act takes effect August 1, 2020.
(2) Section 19 of this act takes effect July 1, 2026." [
2019 c 444 s 32
.]
Expiration dates
—
2019 c 444 ss 12 and 18:
"(1) Section 12 of this act expires August 1, 2020.
(2) Section 18 of this act expires July 1, 2026." [
2019 c 444 s 33
.]
Effective date
—
2019 c 358 s 5:
"Section 5 of this act takes effect August 1, 2020." [
2019 c 358 s 8
.]
Expiration date
—
2019 c 358 s 4:
"Section 4 of this act expires August 1, 2020." [
2019 c 358 s 7
.]
Effective date
—
2017 c 262 s 4:
"Section 4 of this act takes effect August 1, 2020." [
2017 c 262 s 7
.]
Findings
—
Intent
—
2017 c 262:
"The legislature finds that over one thousand one hundred suicide deaths occur each year in Washington and these suicide deaths take an enormous toll on families and communities across the state. The legislature further finds that: Sixty-five percent of all suicides, and most suicide deaths and attempts for young people ages ten to eighteen, occur using firearms and prescription medications that are easily accessible in homes; firearms are the most lethal method used in suicide and almost entirely account for more men dying by suicide than women; sixty-seven percent of all veteran deaths by suicide are by firearm; and nearly eighty percent of all deaths by firearms in Washington are suicides. The legislature further finds that there is a need for a robust public education campaign designed to raise awareness of suicide and to teach everyone the role that he or she can play in suicide prevention. The legislature further finds that important suicide prevention efforts include: Motivating households to improve safe storage practices to reduce deaths from firearms and prescription medications; decreasing barriers to prevent access to lethal means by allowing for temporary and voluntary transfers of firearms when individuals are at risk for suicide; increasing access to drug take-back sites; and making the public aware of suicide prevention steps, including recognizing warning signs, empathizing and listening, asking directly about suicide, removing dangers to ensure immediate safety, and getting help. The legislature intends by this act to create a public-private partnership fund to implement a suicide-safer home public education campaign in the coming years." [
2017 c 262 s 1
.]
Effective date
—
2016 c 90 s 5:
"Section 5 of this act takes effect January 1, 2017." [
2016 c 90 s 8
.]
Findings
—
2016 c 90:
"The legislature finds that: Washington's suicide rate is fourteen percent higher than the national average; on average, two young people between the ages of ten and twenty-four die by suicide each week; almost a quarter of those who die by suicide are veterans; and many of the state's rural and tribal communities have the highest suicide rates. The legislature further finds that when suicide occurs, it has devastating consequences for communities and schools, yet, according to the United States surgeon general, suicide is the nation's most preventable form of death. The legislature further finds that one of the most immediate ways to reduce the tragedy of suicide is through suicide awareness and prevention education coupled with safe storage of lethal means commonly used in suicides, such as firearms and prescription medications. The legislature further finds that encouraging firearms dealers to voluntarily participate in suicide awareness and prevention education programs and provide certain safe storage devices at cost is an important step in creating safer homes and reducing suicide deaths in the state." [
2016 c 90 s 1
.]
Findings
—
Intent
—
2014 c 71; 2012 c 181:
"(1) The legislature finds that:
(a) According to the centers for disease control and prevention:
(i) In 2008, more than thirty-six thousand people died by suicide in the United States, making it the tenth leading cause of death nationally.
(ii) During 2007-2008, an estimated five hundred sixty-nine thousand people visited hospital emergency departments with self-inflicted injuries in the United States, seventy percent of whom had attempted suicide.
(iii) During 2008-2009, the average percentages of adults who thought, planned, or attempted suicide in Washington were higher than the national average.
(b) According to a national study, veterans face an elevated risk of suicide as compared to the general population, more than twice the risk among male veterans. Another study has indicated a positive correlation between posttraumatic stress disorder and suicide.
(i) Washington state is home to more than sixty thousand men and women who have deployed in support of the wars in Iraq and Afghanistan.
(ii) Research continues on how the effects of wartime service and injuries, such as traumatic brain injury, posttraumatic stress disorder, or other service-related conditions, may increase the number of veterans who attempt suicide.
(iii) As more men and women separate from the military and transition back into civilian life, community mental health providers will become a vital resource to help these veterans and their families deal with issues that may arise.
(c) Suicide has an enormous impact on the family and friends of the victim as well as the community as a whole.
(d) Approximately ninety percent of people who die by suicide had a diagnosable psychiatric disorder at the time of death, such as depression. Most suicide victims exhibit warning signs or behaviors prior to an attempt.
(e) Improved training and education in suicide assessment, treatment, and management has been recommended by a variety of organizations, including the United States department of health and human services and the institute of medicine.
(2) It is therefore the intent of the legislature to help lower the suicide rate in Washington by requiring certain health professionals to complete training in suicide assessment, treatment, and management as part of their continuing education, continuing competency, or recertification requirements.
(3) The legislature does not intend to expand or limit the existing scope of practice of any health professional affected by this act." [
2014 c 71 s 1
;
2012 c 181 s 1
.]
Short title
—
2012 c 181:
"This act may be known and cited as the Matt Adler suicide assessment, treatment, and management training act of 2012." [
2012 c 181 s 4
.]
PDF
RCW 43.70.442
Suicide assessment, treatment, and management training
—
Requirement for certain professionals
—
Exemptions
—
Model list of programs
—
Rules
—
Health profession training standards provided to the professional educator standards board.
(Effective June 30, 2027.)
(1)(a) Each of the following professionals certified or licensed under Title
18
RCW shall, at least once every six years, complete training in suicide assessment, treatment, and management that is approved, in rule, by the relevant disciplining authority:
(i) An adviser or counselor certified under chapter
18.19
RCW;
(ii) A substance use disorder professional licensed under chapter
18.205
RCW;
(iii) A marriage and family therapist licensed under chapter
18.225
RCW;
(iv) A mental health counselor licensed under chapter
18.225
RCW;
(v) An occupational therapy practitioner licensed under chapter
18.59
RCW;
(vi) A psychologist licensed under chapter
18.83
RCW;
(vii) An advanced social worker or independent clinical social worker licensed under chapter
18.225
RCW; and
(viii) A social worker associate
—
advanced or social worker associate
—
independent clinical licensed under chapter
18.225
RCW.
(b) The requirements in (a) of this subsection apply to a person holding a retired active license for one of the professions in (a) of this subsection.
(c) The training required by this subsection must be at least six hours in length, unless a disciplining authority has determined, under subsection (10)(b) of this section, that training that includes only screening and referral elements is appropriate for the profession in question, in which case the training must be at least three hours in length.
(d) Beginning July 1, 2017, the training required by this subsection must be on the model list developed under subsection (6) of this section. Nothing in this subsection (1)(d) affects the validity of training completed prior to July 1, 2017.
(2)(a) Except as provided in (b) of this subsection:
(i) A professional listed in subsection (1)(a) of this section must complete the first training required by this section by the end of the first full continuing education reporting period after January 1, 2014, or during the first full continuing education reporting period after initial licensure or certification, whichever occurs later.
(ii) Beginning July 1, 2021, the second training for a psychologist, a marriage and family therapist, a mental health counselor, an advanced social worker, an independent clinical social worker, a social worker associate-advanced, or a social worker associate-independent clinical must be either: (A) An advanced training focused on suicide management, suicide care protocols, or effective treatments; or (B) a training in a treatment modality shown to be effective in working with people who are suicidal, including dialectical behavior therapy, collaborative assessment and management of suicide risk, or cognitive behavior therapy-suicide prevention. If a professional subject to the requirements of this subsection has already completed the professional's second training prior to July 1, 2021, the professional's next training must comply with this subsection. This subsection (2)(a)(ii) does not apply if the licensee demonstrates that the training required by this subsection (2)(a)(ii) is not reasonably available.
(b)(i) A professional listed in subsection (1)(a) of this section applying for initial licensure may delay completion of the first training required by this section for six years after initial licensure if he or she can demonstrate successful completion of the training required in subsection (1) of this section no more than six years prior to the application for initial licensure.
(ii) Beginning July 1, 2021, a psychologist, a marriage and family therapist, a mental health counselor, an advanced social worker, an independent clinical social worker, a social worker associate-advanced, or a social worker associate-independent clinical exempt from his or her first training under (b)(i) of this subsection must comply with the requirements of (a)(ii) of this subsection for his or her first training after initial licensure. If a professional subject to the requirements of this subsection has already completed the professional's first training after initial licensure, the professional's next training must comply with this subsection (2)(b)(ii). This subsection (2)(b)(ii) does not apply if the licensee demonstrates that the training required by this subsection (2)(b)(ii) is not reasonably available.
(3) The hours spent completing training in suicide assessment, treatment, and management under this section count toward meeting any applicable continuing education or continuing competency requirements for each profession.
(4)(a) A disciplining authority may, by rule, specify minimum training and experience that is sufficient to exempt an individual professional from the training requirements in subsections (1) and (5) of this section. Nothing in this subsection (4)(a) allows a disciplining authority to provide blanket exemptions to broad categories or specialties within a profession.
(b) A disciplining authority may exempt a professional from the training requirements of subsections (1) and (5) of this section if the professional has only brief or limited patient contact.
(5)(a) Each of the following professionals credentialed under Title
18
RCW shall complete a one-time training in suicide assessment, treatment, and management that is approved by the relevant disciplining authority:
(i) A chiropractor licensed under chapter
18.25
RCW;
(ii) A naturopath licensed under chapter
18.36A
RCW;
(iii) A licensed practical nurse, registered nurse, or advanced practice registered nurse, other than a certified registered nurse anesthetist, licensed under chapter
18.79
RCW;
(iv) An osteopathic physician and surgeon licensed under chapter
18.57
RCW, other than a holder of a postgraduate osteopathic medicine and surgery license issued under RCW 18.57.035
;
(v) A physical therapist or physical therapist assistant licensed under chapter
18.74
RCW;
(vi) A physician licensed under chapter
18.71
RCW, other than a resident holding a limited license issued under RCW 18.71.095
(3);
(vii) A physician assistant licensed under chapter
18.71A
RCW;
(viii) A pharmacist licensed under chapter
18.64
RCW;
(ix) A dentist licensed under chapter
18.32
RCW;
(x) A dental hygienist licensed under chapter
18.29
RCW;
(xi) An athletic trainer licensed under chapter
18.250
RCW;
(xii) An optometrist licensed under chapter
18.53
RCW;
(xiii) An acupuncture and Eastern medicine practitioner licensed under chapter
18.06
RCW;
(xiv) A dental therapist licensed under chapter
18.265
RCW; and
(xv) A person holding a retired active license for one of the professions listed in (a)(i) through (xiv) of this subsection.
(b)(i) A professional listed in (a)(i) through (vii) of this subsection or a person holding a retired active license for one of the professions listed in (a)(i) through (vii) of this subsection must complete the one-time training by the end of the first full continuing education reporting period after January 1, 2016, or during the first full continuing education reporting period after initial licensure, whichever is later. Training completed between June 12, 2014, and January 1, 2016, that meets the requirements of this section, other than the timing requirements of this subsection (5)(b), must be accepted by the disciplining authority as meeting the one-time training requirement of this subsection (5).
(ii) A licensed pharmacist or a person holding a retired active pharmacist license must complete the one-time training by the end of the first full continuing education reporting period after January 1, 2017, or during the first full continuing education reporting period after initial licensure, whichever is later.
(iii) A licensed dentist, a licensed dental hygienist, or a person holding a retired active license as a dentist shall complete the one-time training by the end of the full continuing education reporting period after August 1, 2020, or during the first full continuing education reporting period after initial licensure, whichever is later. Training completed between July 23, 2017, and August 1, 2020, that meets the requirements of this section, other than the timing requirements of this subsection (5)(b)(iii), must be accepted by the disciplining authority as meeting the one-time training requirement of this subsection (5).
(iv) A licensed optometrist or a licensed acupuncture and Eastern medicine practitioner, or a person holding a retired active license as an optometrist or an acupuncture and Eastern medicine practitioner, shall complete the one-time training by the end of the full continuing education reporting period after August 1, 2021, or during the first full continuing education reporting period after initial licensure, whichever is later. Training completed between August 1, 2020, and August 1, 2021, that meets the requirements of this section, other than the timing requirements of this subsection (5)(b)(iv), must be accepted by the disciplining authority as meeting the one-time training requirement of this subsection (5).
(c) The training required by this subsection must be at least six hours in length, unless a disciplining authority has determined, under subsection (10)(b) of this section, that training that includes only screening and referral elements is appropriate for the profession in question, in which case the training must be at least three hours in length.
(d) Beginning July 1, 2017, the training required by this subsection must be on the model list developed under subsection (6) of this section. Nothing in this subsection (5)(d) affects the validity of training completed prior to July 1, 2017.
(6)(a) The secretary and the disciplining authorities shall work collaboratively to develop a model list of training programs in suicide assessment, treatment, and management. Beginning July 1, 2021, for purposes of subsection (2)(a)(ii) of this section, the model list must include advanced training and training in treatment modalities shown to be effective in working with people who are suicidal.
(b) The secretary and the disciplining authorities shall update the list at least once every two years.
(c) By June 30, 2016, the department shall adopt rules establishing minimum standards for the training programs included on the model list. The minimum standards must require that six-hour trainings include content specific to veterans and the assessment of issues related to imminent harm via lethal means or self-injurious behaviors and that three-hour trainings for pharmacists or dentists include content related to the assessment of issues related to imminent harm via lethal means. By July 1, 2024, the minimum standards must be updated to require that both the six-hour and three-hour trainings include content specific to the availability of and the services offered by the 988 crisis hotline and the behavioral health crisis response and suicide prevention system and best practices for assisting persons with accessing the 988 crisis hotline and the system. Beginning September 1, 2024, trainings submitted to the department for review and approval must include the updated information in the minimum standards for the model list as well as all subsequent submissions. When adopting the rules required under this subsection (6)(c), the department shall:
(i) Consult with the affected disciplining authorities, public and private institutions of higher education, educators, experts in suicide assessment, treatment, and management, the Washington department of veterans affairs, and affected professional associations; and
(ii) Consider standards related to the best practices registry of the American foundation for suicide prevention and the suicide prevention resource center.
(d) Beginning January 1, 2017:
(i) The model list must include only trainings that meet the minimum standards established in the rules adopted under (c) of this subsection and any three-hour trainings that met the requirements of this section on or before July 24, 2015;
(ii) The model list must include six-hour trainings in suicide assessment, treatment, and management, and three-hour trainings that include only screening and referral elements; and
(iii) A person or entity providing the training required in this section may petition the department for inclusion on the model list. The department shall add the training to the list only if the department determines that the training meets the minimum standards established in the rules adopted under (c) of this subsection.
(e) By January 1, 2021, the department shall adopt minimum standards for advanced training and training in treatment modalities shown to be effective in working with people who are suicidal. Beginning July 1, 2021, all such training on the model list must meet the minimum standards. When adopting the minimum standards, the department must consult with the affected disciplining authorities, public and private institutions of higher education, educators, experts in suicide assessment, treatment, and management, the Washington department of veterans affairs, and affected professional associations.
(7) The department shall provide the health profession training standards created in this section to the professional educator standards board as a model in meeting the requirements of RCW 28A.410.226
and provide technical assistance, as requested, in the review and evaluation of educator training programs. The educator training programs approved by the professional educator standards board may be included in the department's model list.
(8) Nothing in this section may be interpreted to expand or limit the scope of practice of any profession regulated under chapter
18.130
RCW.
(9) The secretary and the disciplining authorities affected by this section shall adopt any rules necessary to implement this section.
(10) For purposes of this section:
(a) "Disciplining authority" has the same meaning as in RCW 18.130.020
.
(b) "Training in suicide assessment, treatment, and management" means empirically supported training approved by the appropriate disciplining authority that contains the following elements: Suicide assessment, including screening and referral, suicide treatment, and suicide management. However, the disciplining authority may approve training that includes only screening and referral elements if appropriate for the profession in question based on the profession's scope of practice. The board of occupational therapy may also approve training that includes only screening and referral elements if appropriate for occupational therapy practitioners based on practice setting.
(11) A state or local government employee is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six-hour block or may be spread among shorter training sessions at the employer's discretion.
(12) An employee of a community mental health agency licensed under chapter
71.24
RCW or a chemical dependency program certified under chapter
71.24
RCW is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six-hour block or may be spread among shorter training sessions at the employer's discretion.
[
2025 c 58 s 5094
. Prior:
2023 c 460 s 22
;
2023 c 454 s 4
; prior:
2020 c 229 s 1
;
2020 c 80 s 30
; prior:
2019 c 444 s 13
; (2019 c 444 s 12 expired August 1, 2020);
2019 c 358 s 5
; (2019 c 358 s 4 expired August 1, 2020);
2017 c 262 s 4
;
2016 c 90 s 5
;
2015 c 249 s 1
;
2014 c 71 s 2
; prior:
2013 c 78 s 1
;
2013 c 73 s 6
;
2012 c 181 s 2
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2023 c 460 ss 1-22:
See note following RCW 18.265.005
.
Effective date
—
2020 c 229 s 1:
"Section 1 of this act takes effect August 1, 2020." [
2020 c 229 s 4
.]
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Effective dates
—
2019 c 444 ss 13 and 19:
"(1) Section 13 of this act takes effect August 1, 2020.
(2) Section 19 of this act takes effect July 1, 2026." [
2019 c 444 s 32
.]
Expiration dates
—
2019 c 444 ss 12 and 18:
"(1) Section 12 of this act expires August 1, 2020.
(2) Section 18 of this act expires July 1, 2026." [
2019 c 444 s 33
.]
Effective date
—
2019 c 358 s 5:
"Section 5 of this act takes effect August 1, 2020." [
2019 c 358 s 8
.]
Expiration date
—
2019 c 358 s 4:
"Section 4 of this act expires August 1, 2020." [
2019 c 358 s 7
.]
Effective date
—
2017 c 262 s 4:
"Section 4 of this act takes effect August 1, 2020." [
2017 c 262 s 7
.]
Findings
—
Intent
—
2017 c 262:
"The legislature finds that over one thousand one hundred suicide deaths occur each year in Washington and these suicide deaths take an enormous toll on families and communities across the state. The legislature further finds that: Sixty-five percent of all suicides, and most suicide deaths and attempts for young people ages ten to eighteen, occur using firearms and prescription medications that are easily accessible in homes; firearms are the most lethal method used in suicide and almost entirely account for more men dying by suicide than women; sixty-seven percent of all veteran deaths by suicide are by firearm; and nearly eighty percent of all deaths by firearms in Washington are suicides. The legislature further finds that there is a need for a robust public education campaign designed to raise awareness of suicide and to teach everyone the role that he or she can play in suicide prevention. The legislature further finds that important suicide prevention efforts include: Motivating households to improve safe storage practices to reduce deaths from firearms and prescription medications; decreasing barriers to prevent access to lethal means by allowing for temporary and voluntary transfers of firearms when individuals are at risk for suicide; increasing access to drug take-back sites; and making the public aware of suicide prevention steps, including recognizing warning signs, empathizing and listening, asking directly about suicide, removing dangers to ensure immediate safety, and getting help. The legislature intends by this act to create a public-private partnership fund to implement a suicide-safer home public education campaign in the coming years." [
2017 c 262 s 1
.]
Effective date
—
2016 c 90 s 5:
"Section 5 of this act takes effect January 1, 2017." [
2016 c 90 s 8
.]
Findings
—
2016 c 90:
"The legislature finds that: Washington's suicide rate is fourteen percent higher than the national average; on average, two young people between the ages of ten and twenty-four die by suicide each week; almost a quarter of those who die by suicide are veterans; and many of the state's rural and tribal communities have the highest suicide rates. The legislature further finds that when suicide occurs, it has devastating consequences for communities and schools, yet, according to the United States surgeon general, suicide is the nation's most preventable form of death. The legislature further finds that one of the most immediate ways to reduce the tragedy of suicide is through suicide awareness and prevention education coupled with safe storage of lethal means commonly used in suicides, such as firearms and prescription medications. The legislature further finds that encouraging firearms dealers to voluntarily participate in suicide awareness and prevention education programs and provide certain safe storage devices at cost is an important step in creating safer homes and reducing suicide deaths in the state." [
2016 c 90 s 1
.]
Findings
—
Intent
—
2014 c 71; 2012 c 181:
"(1) The legislature finds that:
(a) According to the centers for disease control and prevention:
(i) In 2008, more than thirty-six thousand people died by suicide in the United States, making it the tenth leading cause of death nationally.
(ii) During 2007-2008, an estimated five hundred sixty-nine thousand people visited hospital emergency departments with self-inflicted injuries in the United States, seventy percent of whom had attempted suicide.
(iii) During 2008-2009, the average percentages of adults who thought, planned, or attempted suicide in Washington were higher than the national average.
(b) According to a national study, veterans face an elevated risk of suicide as compared to the general population, more than twice the risk among male veterans. Another study has indicated a positive correlation between posttraumatic stress disorder and suicide.
(i) Washington state is home to more than sixty thousand men and women who have deployed in support of the wars in Iraq and Afghanistan.
(ii) Research continues on how the effects of wartime service and injuries, such as traumatic brain injury, posttraumatic stress disorder, or other service-related conditions, may increase the number of veterans who attempt suicide.
(iii) As more men and women separate from the military and transition back into civilian life, community mental health providers will become a vital resource to help these veterans and their families deal with issues that may arise.
(c) Suicide has an enormous impact on the family and friends of the victim as well as the community as a whole.
(d) Approximately ninety percent of people who die by suicide had a diagnosable psychiatric disorder at the time of death, such as depression. Most suicide victims exhibit warning signs or behaviors prior to an attempt.
(e) Improved training and education in suicide assessment, treatment, and management has been recommended by a variety of organizations, including the United States department of health and human services and the institute of medicine.
(2) It is therefore the intent of the legislature to help lower the suicide rate in Washington by requiring certain health professionals to complete training in suicide assessment, treatment, and management as part of their continuing education, continuing competency, or recertification requirements.
(3) The legislature does not intend to expand or limit the existing scope of practice of any health professional affected by this act." [
2014 c 71 s 1
;
2012 c 181 s 1
.]
Short title
—
2012 c 181:
"This act may be known and cited as the Matt Adler suicide assessment, treatment, and management training act of 2012." [
2012 c 181 s 4
.]
RCW 43.70.444
Washington plan for suicide prevention
—
Steering committee
—
Report.
(1) The secretary, in consultation with the steering committee convened in subsection (3) of this section, shall develop a Washington plan for suicide prevention. The plan must, at a minimum:
(a) Examine data relating to suicide in order to identify patterns and key demographic factors;
(b) Identify key risk and protective factors relating to suicide; and
(c) Identify goals, action areas, and implementation strategies relating to suicide prevention.
(2) When developing the plan, the secretary shall consider national research and practices employed by the federal government, tribal governments, and other states, including the national strategy for suicide prevention. The plan must be written in a manner that is accessible, and useful to, a broad audience. The secretary shall periodically update the plan as needed.
(3) The secretary shall convene a steering committee to advise him or her in the development of the Washington plan for suicide prevention. The committee must consist of representatives from the following:
(a) Experts on suicide assessment, treatment, and management;
(b) Institutions of higher education;
(c) Tribal governments;
(d) The department of social and health services;
(e) The state department of veterans affairs;
(f) Suicide prevention advocates, at least one of whom must be a suicide survivor and at least one of whom must be a survivor of a suicide attempt;
(g) Primary care providers;
(h) Local health departments or districts; and
(i) Any other organizations or groups the secretary deems appropriate.
(4) The secretary shall complete the plan no later than November 15, 2015, publish the report on the department's website, and submit copies to the governor and the relevant standing committees of the legislature.
[
2014 c 71 s 4
.]
RCW 43.70.446
Suicide-safer homes project
—
Suicide-safer homes project account.
(1) The suicide-safer homes project is created within the department of health for the purpose of accepting private funds for use by the suicide-safer homes task force created in *RCW 43.70.445
in developing and providing suicide education and prevention materials, training, and outreach programs to help create suicide-safer homes. The secretary may accept gifts, grants, donations, or moneys from any source for deposit in the suicide-safer homes project account created in subsection (2) of this section.
(2) The suicide-safer homes project account is created in the custody of the state treasurer. The account shall consist of funds appropriated by the legislature for the suicide-safer homes project account and all receipts from gifts, grants, bequests, devises, or other funds from public and private sources to support the activities of the suicide-safer homes project. Only the secretary of the department of health, or the secretary's designee, may authorize expenditures from the account to fund projects identified and prioritized by the suicide-safer homes task force. Funds deposited in the suicide-safer homes project account may be used for the development and production of suicide prevention materials and training programs, for providing financial incentives to encourage firearms dealers and others to participate in suicide prevention training, and to implement pilot programs involving community outreach on creating suicide-safer homes.
(3) The suicide-safer homes project account is subject to allotment procedures under chapter
43.88
RCW, but an appropriation is not required for expenditures.
[
2017 c 262 s 3
.]
NOTES:
*Reviser's note:
RCW 43.70.445
expired July 1, 2021.
Findings
—
Intent
—
2017 c 262:
See note following RCW 43.70.442
.
RCW 43.70.447
Suicide assessment, treatment, and management
—
Curriculum for dental students and dentists.
(1) By July 1, 2020, the school of dentistry at the University of Washington shall develop a curriculum on suicide assessment, treatment, and management for dental students and licensed dentists. The curriculum must meet the minimum standards established under RCW 43.70.442
and must include material on identifying at-risk patients and limiting access to lethal means. When developing the curriculum, the school of dentistry must consult with experts on suicide assessment, treatment, and management and with the suicide-safer homes task force established in *RCW 43.70.445
. The school of dentistry shall submit a progress report to the governor and the relevant committees of the legislature by July 1, 2019.
(2) The dental quality assurance commission shall, for purposes of RCW 43.70.442
(4)(a), consider a dentist who has successfully completed the curriculum developed under subsection (1) of this section prior to licensure as possessing the minimum training and experience necessary to be exempt from the training requirements in RCW 43.70.442
.
[
2017 c 262 s 5
.]
NOTES:
*Reviser's note:
RCW 43.70.445
expired July 1, 2021.
Findings
—
Intent
—
2017 c 262:
See note following RCW 43.70.442
.