reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.020 - Intent.

RCW 74.41.020
Intent.
It is the intent of the legislature to provide a comprehensive program of long-term care information and support, including in-home and out-of-home respite care services, for family and other unpaid caregivers who provide the daily services required when caring for adults with functional disabilities. The family caregiver long-term care information and support services shall:
(1) Provide information, relief, and support to family or other unpaid caregivers of adults with functional disabilities;
(2) Encourage family and other nonpaid individuals to provide care for adults with functional disabilities at home, and thus offer a viable alternative to placement in a long-term care facility;
(3) Ensure that respite care is made generally available on a sliding-fee basis to eligible participants in the program according to priorities established by the department;
(4) Be provided in the least restrictive setting available consistent with the individually assessed needs of the adults with functional disabilities;
(5) Include services appropriate to the needs of persons caring for individuals with dementing illnesses; and
(6) Provide unpaid family and other unpaid caregivers with services that enable them to make informed decisions about current and future care plans, solve day-to-day caregiving problems, learn essential caregiving skills, and locate services that may strengthen their capacity to provide care.
[ 2000 c 207 § 2; 1987 c 409 § 1; 1984 c 158 § 2.]
NOTES:
Short title—2000 c 207: "This act shall be known and cited as the Fred Mills act." [ 2000 c 207 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.030 - Definitions.

RCW 74.41.030
Definitions.
Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) "Family caregiver long-term care information and support services" means providing long-term care information and support services to unpaid family and other unpaid caregivers of adults with functional disabilities, including but not limited to providing: (a) Information about available public and private long-term care support services; (b) assistance in gaining access to an array of appropriate long-term care family caregiver services; (c) promotion and implementation of support groups; (d) caregiver training to assist the nonpaid caregivers in making decisions and solving challenges relating to their caregiving roles; (e) respite care services; and (f) additional supportive long-term care services that may include but not be limited to translating/interpreter services, specialized transportation, coordination of health care services, help purchasing needed supplies, durable goods, or equipment, and other forms of information and support necessary to maintain the unpaid caregiving activity.
(2) "Respite care services" means relief care for families or other caregivers of adults with functional disabilities, eligibility for which shall be determined by the department by rule. The services provide temporary care or supervision of adults with functional disabilities in substitution for the caregiver. The term includes adult day services.
(3) "Eligible participant for family caregiver long-term care information and support services" means an adult who needs substantially continuous care or supervision by reason of his or her functional disability and may be at risk of placement into a long-term care facility.
(4) "Eligible participant for respite care services" means an adult who needs substantially continuous care or supervision by reason of his or her functional disability and is also assessed as requiring placement into a long-term care facility in the absence of an unpaid family or other unpaid caregiver.
(5) "Unpaid caregiver" means a spouse, relative, or friend who has primary responsibility for the care of an adult with a functional disability and who does not receive financial compensation for the care. To be eligible for respite care and for family caregiver support services, the caregiver is considered the client.
(6) "Adult day services" means nonmedical services to persons who live with their families, cannot be left unsupervised, and are at risk of being placed in a twenty-four-hour care facility if their families do not receive some relief from constant care.
(7) "Department" means the department of social and health services.
[ 2000 c 207 § 3; 1987 c 409 § 2; 1984 c 158 § 3.]
NOTES:
Short title—2000 c 207: See note following RCW 74.41.020.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.040 - Administration—Rules—Program standards.

RCW 74.41.040
Administration—Rules—Program standards.
The department shall administer this chapter and shall establish such rules and standards as the department deems necessary in carrying out this chapter. The department shall not require the development of plans of care or discharge plans by nursing homes or adult family homes providing respite care service under this chapter. Assisted living facilities providing respite care services shall comply with the assessment and plan of care provisions of RCW 18.20.350.
The department shall develop standards for the respite program in conjunction with the selected area agencies on aging. The program standards shall serve as the basis for soliciting bids, entering into subcontracts, and developing sliding fee scales to be used in determining the ability of eligible participants to participate in paying for respite care.
[ 2012 c 10 § 68; 2008 c 146 § 2; 1987 c 409 § 3; 1984 c 158 § 4.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
Findings—Intent—2008 c 146: "The legislature finds that Washingtonians sixty-five years of age and older will nearly double in the next twenty years, from eleven percent of our population today to almost twenty percent of our population in 2025. Younger people with disabilities will also require supportive long-term care services. Nationally, young people with a disability account for thirty-seven percent of the total number of people who need long-term care.
The legislature further finds that to address this increasing need, the long-term care system should support autonomy and self-determination, and support the role of informal caregivers and families. It should promote personal planning and savings combined with public support, when needed. It should also include culturally appropriate, high quality information, services, and supports delivered in a cost-effective and efficient manner.
The legislature further finds that more than fifteen percent of adults over age sixty-five in Washington state have diabetes. Current nurse delegation statutes limit the ability of elderly and disabled persons with diabetes to remain in their own homes or in other home-like long-term care settings. It is the intent of the legislature to modify nurse delegation statutes to enable elderly persons and persons with disabilities who have diabetes to continue to reside in their own home or other home-like settings.
The legislature further finds that the long-term care system should utilize evidence-based practices for the prevention and management of chronic disease to improve the general health of Washingtonians over their lifetime and reduce health care and long-term care costs related to ineffective chronic care management." [ 2008 c 146 § 1.]
Severability—2008 c 146: "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." [ 2008 c 146 § 14.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.050 - Family caregiver long-term care information and support services—Respite services, evaluation of need, caregiver abilities.

RCW 74.41.050
Family caregiver long-term care information and support services—Respite services, evaluation of need, caregiver abilities.
The department shall contract with area agencies on aging or other appropriate agencies to conduct family caregiver long-term care information and support services to the extent of available funding. The responsibilities of the agencies shall include but not be limited to: (1) Administering a program of family caregiver long-term care information and support services; (2) negotiating rates of payment, administering sliding-fee scales to enable eligible participants to participate in paying for respite care, and arranging for respite care information, training, and other support services; and (3) developing an evidence-based tailored caregiver assessment and referral tool. In evaluating the need for respite services, consideration shall be given to the mental and physical ability of the caregiver to perform necessary caregiver functions.
[ 2008 c 146 § 4; 2000 c 207 § 4; 1989 c 427 § 8; 1987 c 409 § 4; 1984 c 158 § 5.]
NOTES:
Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040.
Short title—2000 c 207: See note following RCW 74.41.020.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.060 - Respite care program—Criteria.

RCW 74.41.060
Respite care program—Criteria.
The department shall insure that the respite care program is designed to meet the following criteria:
(1) Make maximum use of services which provide care to the greatest number of eligible participants with the fewest number of staff consistent with adequate care;
(2) Provide for use of one-on-one care when necessary;
(3) Provide for both day care and overnight care;
(4) Provide personal care to continue at the same level which the caregiver ordinarily provides to the eligible participant; and
(5) Provide for the utilization of family home settings.
[ 1984 c 158 § 6.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.070 - Family caregiver long-term care information and support services—Data.

RCW 74.41.070
Family caregiver long-term care information and support services—Data.
The area agencies on aging administering family caregiver long-term care information and support services shall maintain data which indicates demand for family caregiver long-term care information and support services.
[ 2000 c 207 § 5; 1998 c 245 § 151; 1987 c 409 § 5; 1984 c 158 § 7.]
NOTES:
Short title—2000 c 207: See note following RCW 74.41.020.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.080 - Health care practitioners and facilities not impaired.

RCW 74.41.080
Health care practitioners and facilities not impaired.
Nothing in this chapter shall impair the practice of any licensed health care practitioner or licensed health care facility.
[ 1984 c 158 § 8.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.090 - Entitlement not created.

RCW 74.41.090
Entitlement not created.
Nothing in this chapter creates or provides any individual with an entitlement to services or benefits. It is the intent of the legislature that services under this chapter shall be made available only to the extent of the availability and level of appropriation made by the legislature.
[ 1987 c 409 § 6.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.41 - Respite Care Services. › 74.41.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 74.41.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 182.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.020 - Minimum standards.

RCW 74.42.020
Minimum standards.
The standards in RCW 74.42.030 through 74.42.570 are the minimum standards for facilities licensed under chapter 18.51 RCW: PROVIDED, HOWEVER, That RCW 74.42.040, 74.42.140 through 74.42.280, 74.42.300, 74.42.360, 74.42.370, 74.42.380, 74.42.420 (2), (4), (5), (6) and (7), 74.42.430(3), 74.42.450 (2) and (3), 74.42.520, 74.42.530, 74.42.540, 74.42.570, and 74.42.580 shall not apply to any nursing home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination, or for any nursing home or institution operated for the exclusive care of members of a convent as defined in RCW 84.36.800 or rectory, monastery, or other institution operated for the care of members of the clergy.
[ 1995 1st sp.s. c 18 § 68; 1982 c 120 § 1; 1980 c 184 § 6; 1979 ex.s. c 211 § 2.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.030 - Resident to receive statement of rights, rules, services, and charges.

RCW 74.42.030
Resident to receive statement of rights, rules, services, and charges.
Each resident or guardian or legal representative, if any, shall be fully informed and receive in writing, in a language the resident or his or her representative understands, the following information:
(1) The resident's rights and responsibilities in the facility;
(2) Rules governing resident conduct;
(3) Services, items, and activities available in the facility; and
(4) Charges for services, items, and activities, including those not included in the facility's basic daily rate or not paid by medicaid.
The facility shall provide this information before admission, or at the time of admission in case of emergency, and as changes occur during the resident's stay. The resident and his or her representative must be informed in writing in advance of changes in the availability or charges for services, items, or activities, or of changes in the facility's rules. Except in unusual circumstances, thirty days' advance notice must be given prior to the change. The resident or legal guardian or representative shall acknowledge in writing receipt of this information.
The written information provided by the facility pursuant to this section, and the terms of any admission contract executed between the facility and an individual seeking admission to the facility, must be consistent with the requirements of this chapter and chapter 18.51 RCW and, for facilities certified under medicaid or medicare, with the applicable federal requirements.
[ 1997 c 392 § 212; 1979 ex.s. c 211 § 3.]
NOTES:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.040 - Resident's rights regarding medical condition, care, and treatment.

RCW 74.42.040
Resident's rights regarding medical condition, care, and treatment.
The facility shall insure that each resident and guardian, if any:
(1) Is fully informed by a physician about his or her health and medical condition unless the physician decides that informing the resident is medically contraindicated and the physician documents this decision in the resident's record;
(2) Has the opportunity to participate in his or her total care and treatment;
(3) Has the opportunity to refuse treatment; and
(4) Gives informed, written consent before participating in experimental research.
[ 1979 ex.s. c 211 § 4.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.050 - Residents to be treated with consideration, respect—Complaints.

RCW 74.42.050
Residents to be treated with consideration, respect—Complaints.
(1) Residents shall be treated with consideration, respect, and full recognition of their dignity and individuality. Residents shall be encouraged and assisted in the exercise of their rights as residents of the facility and as citizens.
(2) A resident or guardian, if any, may submit complaints or recommendations concerning the policies of the facility to the staff and to outside representatives of the resident's choice. No facility may restrain, interfere, coerce, discriminate, or retaliate in any manner against a resident who submits a complaint or recommendation.
[ 1979 ex.s. c 211 § 5.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.056 - Department assessment of medicaid eligible individuals—Requirements.

RCW 74.42.056
Department assessment of medicaid eligible individuals—Requirements.
A nursing facility shall not admit any individual who is medicaid eligible unless that individual has been assessed by the department. Appropriate hospital discharge shall not be delayed pending the assessment.
To ensure timely hospital discharge of medicaid eligible persons, the date of the request for a department long-term care assessment, or the date that nursing home care actually begins, whichever is later, shall be deemed the effective date of the initial service and payment authorization. The department shall respond promptly to such requests.
A nursing facility admitting an individual without a request for a department assessment shall not be reimbursed by the department and shall not be allowed to collect payment from a medicaid eligible individual for any care rendered before the date the facility makes a request to the department for an assessment. The date on which a nursing facility makes a request for a department long-term care assessment, or the date that nursing home care actually begins, whichever is later, shall be deemed the effective date of initial service and payment authorization for admissions regardless of the source of referral.
A medicaid eligible individual residing in a nursing facility who is transferred to an acute care hospital shall not be required to have a department assessment under this section prior to returning to the same or another nursing facility.
[ 1995 1st sp.s. c 18 § 7.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.057 - Notification regarding resident likely to become medicaid eligible.

RCW 74.42.057
Notification regarding resident likely to become medicaid eligible.
If a nursing facility has reason to know that a resident is likely to become financially eligible for medicaid benefits within one hundred eighty days, the nursing facility shall notify the patient or his or her representative and the department. The department may:
(1) Assess any such resident to determine if the resident prefers and could live appropriately at home or in some other community-based setting; and
(2) Provide case management services to the resident.
[ 1995 1st sp.s. c 18 § 8.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.058 - Department case management services.

RCW 74.42.058
Department case management services.
(1) To the extent of available funding, the department shall provide case management services to assist nursing facility residents, in conjunction and partnership with nursing facility staff. The purpose of the case management services is to assist residents and their families to assess the appropriateness and availability of home and community services that could meet the resident's needs so that the resident and family can make informed choices.
(2) To the extent of available funding, the department shall provide case management services to nursing facility residents who are:
(a) Medicaid funded;
(b) Dually medicaid and medicare eligible;
(c) Medicaid applicants; and
(d) Likely to become financially eligible for medicaid within one hundred eighty days, pursuant to RCW 74.42.057.
[ 1995 1st sp.s. c 18 § 9.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.060 - Management of residents' financial affairs.

RCW 74.42.060
Management of residents' financial affairs.
The facility shall allow a resident or the resident's guardian to manage the resident's financial affairs. The facility may assist a resident in the management of his or her financial affairs if the resident requests assistance in writing and the facility complies with the recordkeeping requirements of RCW 74.42.130 and the provisions of *chapter . . . (Senate Bill No. 2335), Laws of 1979.
[ 1979 ex.s. c 211 § 6.]
NOTES:
*Reviser's note: Senate Bill No. 2335 was not enacted during the 1979 legislative sessions. A similar bill was enacted in 1980 and became 1980 c 177, which is codified primarily in chapter 74.46 RCW.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.070 - Privacy.

RCW 74.42.070
Privacy.
Residents shall be given privacy during treatment and care of personal needs. Residents who are spouses or domestic partners shall be given privacy during visits with their spouses or their domestic partners. If both spouses or both domestic partners are residents of the facility, the facility shall permit the spouses or domestic partners to share a room, unless medically contraindicated.
[ 2008 c 6 § 305; 1979 ex.s. c 211 § 7.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.080 - Confidentiality of records.

RCW 74.42.080
Confidentiality of records.
Residents' records, including information in an automatic data bank, shall be treated confidentially. The facility shall not release information from a resident's record to a person not otherwise authorized by law to receive the information without the resident's or the resident's guardian's written consent.
[ 1979 ex.s. c 211 § 8.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.090 - Work tasks by residents.

RCW 74.42.090
Work tasks by residents.
No resident may be required to perform services for the facility; except that a resident may be required to perform work tasks specified or included in the comprehensive plan of care.
[ 1979 ex.s. c 211 § 9.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.110 - Freedom of association—Limits.

RCW 74.42.110
Freedom of association—Limits.
Residents shall be allowed to communicate, associate, meet privately with individuals of their choice, and participate in social, religious, and community group activities unless this infringes on the rights of other residents.
[ 1979 ex.s. c 211 § 11.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.130 - Individual financial records.

RCW 74.42.130
Individual financial records.
The facility shall keep a current, written financial record for each resident. The record shall include written receipts for all personal possessions and funds received by or deposited with the facility and for all disbursements made to or for the resident. The resident or guardian and the resident's family shall have access to the financial record.
[ 1979 ex.s. c 211 § 13.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.140 - Prescribed plan of care—Treatment, medication, diet services.

RCW 74.42.140
Prescribed plan of care—Treatment, medication, diet services.
The facility shall care for residents by providing residents with authorized medical services which shall include treatment, medication, and diet services, and any other services contained in the comprehensive plan of care or otherwise prescribed by the attending physician.
[ 1979 ex.s. c 211 § 14.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.150 - Plan of care—Goals—Program—Responsibilities—Review.

RCW 74.42.150
Plan of care—Goals—Program—Responsibilities—Review.
(1) Under the attending physician's instructions, qualified facility staff will establish and maintain a comprehensive plan of care for each resident which shall be kept on file by the facility and be evaluated through review and assessment by the department. The comprehensive plan contains:
(a) Goals for each resident to accomplish;
(b) An integrated program of treatment, therapies and activities to help each resident achieve those goals; and
(c) The persons responsible for carrying out the programs in the plan.
(2) Qualified facility staff shall review the comprehensive plan of care at least quarterly.
[ 1980 c 184 § 7; 1979 ex.s. c 211 § 15.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.160 - Nursing care.

RCW 74.42.160
Nursing care.
The facility shall provide the nursing care required for the classification given each resident. The nursing care shall help each resident to achieve and maintain the highest possible degree of function, self-care, and independence to the extent medically possible.
[ 1979 ex.s. c 211 § 16.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.170 - Rehabilitative services.

RCW 74.42.170
Rehabilitative services.
(1) The facility shall provide rehabilitative services itself or arrange for the provision of rehabilitative services with qualified outside resources for each resident whose comprehensive plan of care requires the provision of rehabilitative services.
(2) The rehabilitative service personnel shall be qualified therapists, qualified therapists' assistants, or mental health professionals. Other support personnel under appropriate supervision may perform the duties of rehabilitative service personnel.
(3) The rehabilitative services shall be designed to maintain and improve the resident's ability to function independently; prevent, as much as possible, advancement of progressive disabilities; and restore maximum function.
[ 1979 ex.s. c 211 § 17.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.180 - Social services.

RCW 74.42.180
Social services.
(1) The facility shall provide social services, or arrange for the provision of social services with qualified outside resources, for each resident whose comprehensive plan of care requires the provision of social services.
(2) The facility shall designate one staff member qualified by training or experience to be responsible for arranging for social services in the facility or with qualified outside resources and integrating social services with other elements of the plan of care.
[ 1979 ex.s. c 211 § 18.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.190 - Activities program—Recreation areas, equipment.

RCW 74.42.190
Activities program—Recreation areas, equipment.
The facility shall have an activities program designed to encourage each resident to maintain normal activity and help each resident return to self care. A staff member qualified by experience or training in directing group activities shall be responsible for the activities program. The facility shall provide adequate recreation areas with sufficient equipment and materials to support the program.
[ 1979 ex.s. c 211 § 19.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.200 - Supervision of health care by physician—When required.

RCW 74.42.200
Supervision of health care by physician—When required.
The health care of each resident shall be under the continuing supervision of a physician: PROVIDED, That a resident of a facility licensed pursuant to chapter 18.51 RCW but not certified by the federal government under Title XVIII or Title XIX of the Social Security Act as now or hereafter amended shall not be required to receive the continuing supervision of a health care practitioner licensed pursuant to chapter 18.22, 18.25, 18.32, 18.57, 18.71, and 18.83 RCW, nor shall the state of Washington require such continuing supervision as a condition of licensing. The physician shall see the resident whenever necessary, and as required and/or consistent with state and federal regulations.
[ 1980 c 184 § 8; 1979 ex.s. c 211 § 20.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.210 - Pharmacist services.

RCW 74.42.210
Pharmacist services.
The facility shall either employ a licensed pharmacist responsible for operating the facility's pharmacy or have a written agreement with a licensed pharmacist who will advise the facility on ordering, storage, administration, disposal, and recordkeeping of drugs and biologicals.
[ 1979 ex.s. c 211 § 21.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.220 - Contracts for professional services from outside the agency.

RCW 74.42.220
Contracts for professional services from outside the agency.
(1) If the facility does not employ a qualified professional to furnish required services, the facility shall have a written contract with a qualified professional or agency outside the facility to furnish the required services. The terms of the contract, including terms about responsibilities, functions, and objectives, shall be specified. The contract shall be signed by the administrator, or the administrator's representative, and the qualified professional.
(2) All contracts for these services shall require the standards in RCW 74.42.010 through 74.42.570 to be met.
[ 1980 c 184 § 9; 1979 ex.s. c 211 § 22.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.225 - Self-medication programs for residents—Educational program—Implementation.

RCW 74.42.225
Self-medication programs for residents—Educational program—Implementation.
The department shall develop an educational program for attending and staff physicians and patients on self-medication. The department shall actively encourage the implementation of such self-medication programs for residents.
[ 1980 c 184 § 18.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.230 - Physician or authorized practitioner to prescribe medication—Communication of order by licensed nurse, pharmacist, or another physician.

RCW 74.42.230
Physician or authorized practitioner to prescribe medication—Communication of order by licensed nurse, pharmacist, or another physician.
(1) The resident's attending or staff physician or authorized practitioner approved by the attending physician shall order all medications for the resident. The order may be oral or written and shall continue in effect until discontinued by a physician or other authorized prescriber, unless the order is specifically limited by time. An "authorized practitioner," as used in this section, is a registered nurse under chapter 18.79 RCW when authorized by the *nursing care quality assurance commission, a physician assistant under chapter 18.71A RCW when authorized by the Washington medical commission, or a pharmacist under chapter 18.64 RCW when authorized by the pharmacy quality assurance commission.
(2) An oral order shall be given only to a licensed nurse, pharmacist, or another physician. The oral order shall be recorded and physically or electronically signed immediately by the person receiving the order. The attending physician shall sign the record of the oral order in a manner consistent with good medical practice.
(3) A licensed nurse, pharmacist, or another physician receiving and recording an oral order may, if so authorized by the physician or authorized practitioner, communicate that order to a pharmacy on behalf of the physician or authorized practitioner. The order may be communicated verbally by telephone, by facsimile manually signed by the person receiving the order pursuant to subsection (2) of this section, or by electronic transmission pursuant to RCW 69.41.055. The communication of a resident's order to a pharmacy by a licensed nurse, pharmacist, or another physician acting at the prescriber's direction has the same force and effect as if communicated directly by the delegating physician or authorized practitioner. Nothing in this provision limits the authority of a licensed nurse, pharmacist, or physician to delegate to an authorized agent, including but not limited to delegation of operation of a facsimile machine by credentialed facility staff, to the extent consistent with his or her professional license.
[ 2020 c 80 § 57; 2019 c 55 § 20; 2016 c 148 § 9; 1994 sp.s. c 9 § 751; 1982 c 120 § 2; 1979 ex.s. c 211 § 23.]
NOTES:
*Reviser's note: The reference to "nursing care quality assurance commission" was changed to "board of nursing" by 2023 c 123.
Effective date—2020 c 80 §§ 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.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.240 - Administering medication.

RCW 74.42.240
Administering medication.
(1) No staff member may administer any medication to a resident unless the staff member is licensed to administer medication: PROVIDED, That nothing herein shall be construed as prohibiting graduate nurses or student nurses from administering medications when permitted to do so under chapter 18.79 RCW and rules adopted thereunder.
(2) The facility may only allow a resident to give himself or herself medication with the attending physician's permission.
(3) Medication shall only be administered to or used by the resident for whom it is ordered.
[ 1994 sp.s. c 9 § 752; 1989 c 372 § 5; 1979 ex.s. c 211 § 24.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.250 - Medication stop orders—Procedure for persons with developmental disabilities.

RCW 74.42.250
Medication stop orders—Procedure for persons with developmental disabilities.
(1) When the physician's order for medication does not include a specific time limit or a specific number of dosages, the facility shall notify the physician that the medication will be stopped at a date certain unless the medication is ordered continued by the physician. The facility shall so notify the physician every thirty days.
(2) A facility for the developmentally disabled shall have an automatic stop order on all drugs, unless such stoppage will place the patient in jeopardy.
[ 1979 ex.s. c 211 § 25.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.260 - Drug storage, security, inventory.

RCW 74.42.260
Drug storage, security, inventory.
(1) The facility shall store drugs under proper conditions of sanitation, temperature, light, moisture, ventilation, segregation, and security. Poisons, drugs used externally, and drugs taken internally shall be stored on separate shelves or in separate cabinets at all locations. When medication is stored in a refrigerator containing other items, the medication shall be kept in a separate compartment with proper security. All drugs shall be kept under lock and key unless an authorized individual is in attendance.
(2) The facility shall meet the drug security requirements of federal and state laws that apply to storerooms, pharmacies, and living units.
(3) If there is a drug storeroom separate from the pharmacy, the facility shall keep a perpetual inventory of receipts and issues of all drugs from that storeroom.
[ 1979 ex.s. c 211 § 26.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.270 - Drug disposal.

RCW 74.42.270
Drug disposal.
Any drug that is discontinued or outdated and any container with a worn, illegible, or missing label shall be properly disposed.
[ 1979 ex.s. c 211 § 27.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.280 - Adverse drug reaction.

RCW 74.42.280
Adverse drug reaction.
Medication errors and adverse drug reactions shall be recorded and reported immediately to the practitioner who ordered the drug. The facility shall report adverse drug reactions consistent with good medical practice.
[ 1979 ex.s. c 211 § 28.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.285 - Immunizations—Rules.

RCW 74.42.285
Immunizations—Rules.
(1) Long-term care facilities shall:
(a) Provide access on-site or make available elsewhere for all residents to obtain the influenza virus immunization on an annual basis;
(b) Require that each resident, or the resident's legal representative, upon admission to the facility, be informed verbally and in writing of the benefits of receiving the influenza virus immunization and, if not previously immunized against pneumococcal disease, the benefits of the pneumococcal immunization.
(2) As used in this section, "long-term care facility" is limited to nursing homes licensed under chapter 18.51 RCW.
(3) The department of social and health services shall adopt rules to implement this section.
(4) This section and rules adopted under this section shall not apply to nursing homes conducted for those who rely exclusively upon treatment by nonmedical religious healing methods, including prayer.
[ 2002 c 256 § 2.]
NOTES:
Intent—Findings—2002 c 256: "It is the intent of the legislature to ensure that long-term care facilities are safe.
(1) The long-term care resident immunization act is intended to:
(a) Prevent and reduce the occurrence and severity of the influenza virus and pneumococcal disease by increasing the use of immunizations licensed by the food and drug administration;
(b) Avoid pain, suffering, and deaths that may result from the influenza virus and pneumococcal disease;
(c) Improve the well-being and quality of life of residents of long-term care facilities; and
(d) Reduce avoidable costs associated with treating the influenza virus and pneumococcal disease.
(2) The legislature finds that:
(a) Recent studies show that it is important to immunize older citizens against the influenza virus and pneumococcal disease;
(b) The centers for disease control and prevention recommend individuals living in long-term care facilities and those over age sixty-five receive immunizations against the influenza virus and pneumococcal disease;
(c) The influenza virus and pneumococcal disease have been identified as leading causes of death for citizens over age sixty-five; and
(d) Immunizations licensed by the food and drug administration are readily available and effective in reducing and preventing the severity of the influenza virus and pneumococcal disease." [ 2002 c 256 § 1.]
Short title—2002 c 256: "This act may be known and cited as the long-term care resident immunization act of 2002." [ 2002 c 256 § 3.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.290 - Meal intervals—Food handling—Utensils—Disposal.

RCW 74.42.290
Meal intervals—Food handling—Utensils—Disposal.
(1) The facility shall serve at least three meals, or their equivalent, daily at regular times with not more than fourteen hours between a substantial evening meal and breakfast on the following day and not less than ten hours between breakfast and a substantial evening meal on the same day.
(2) Food shall be procured, stored, transported, and prepared under sanitary conditions in compliance with state and local regulations.
(3) Food of an appropriate quantity at an appropriate temperature shall be served in a form consistent with the needs of the resident;
(4) Special eating equipment and utensils shall be provided for residents who need them; and
(5) Food served and uneaten shall be discarded.
[ 1979 ex.s. c 211 § 29.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.300 - Nutritionist—Menus, special diets.

RCW 74.42.300
Nutritionist—Menus, special diets.
(1) The facility shall have a staff member trained or experienced in food management and nutrition responsible for planning menus that meet the requirements of subsection (2) of this section and supervising meal preparation and service to insure that the menu plan is followed.
(2) The menu plans shall follow the orders of the resident's physician.
(3) The facility shall:
(a) Meet the nutritional needs of each resident;
(b) Have menus written in advance;
(c) Provide a variety of foods at each meal;
(d) Provide daily and weekly variations in the menus; and
(e) Adjust the menus for seasonal changes.
(4) If the facility has residents who require medically prescribed special diets, the menus for those residents shall be planned by a professionally qualified dietitian or reviewed and approved by the attending physician. The preparation and serving of meals shall be supervised to insure that the resident accepts the special diet.
[ 1979 ex.s. c 211 § 30.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.310 - Staff duties at meals.

RCW 74.42.310
Staff duties at meals.
(1) A facility shall have sufficient personnel to supervise the residents, direct self-help dining skills, and to insure that each resident receives enough food.
(2) A facility shall provide table service for all residents, including residents in wheelchairs, who are capable and willing to eat at tables.
[ 1980 c 184 § 10; 1979 ex.s. c 211 § 31.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.320 - Sanitary procedures for food preparation.

RCW 74.42.320
Sanitary procedures for food preparation.
Facilities shall have effective sanitary procedures for the food preparation staff including procedures for cleaning food preparation equipment and food preparation areas.
[ 1979 ex.s. c 211 § 32.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.330 - Food storage.

RCW 74.42.330
Food storage.
The facility shall store dry or staple food items at an appropriate height above the floor in a ventilated room not subject to sewage or wastewater backflow or contamination by condensation, leakage, rodents or vermin. Perishable foods shall be stored at proper temperatures to conserve nutritive values.
[ 1979 ex.s. c 211 § 33.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.340 - Administrative support—Purchasing—Inventory control.

RCW 74.42.340
Administrative support—Purchasing—Inventory control.
(1) The facility shall provide adequate administrative support to efficiently meet the needs of residents and facilitate attainment of the facility's goals and objectives.
(2) The facility shall:
(a) Document the purchasing process;
(b) Adequately operate the inventory control system and stockroom;
(c) Have appropriate storage facilities for all supplies and surplus equipment; and
(d) Train and assist personnel to do purchase, supply, and property control functions.
[ 1980 c 184 § 11; 1979 ex.s. c 211 § 34.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.350 - Organization chart.

RCW 74.42.350
Organization chart.
The facility shall have and keep current an organization chart showing:
(1) The major operating programs of the facility;
(2) The staff divisions of the facility;
(3) The administrative personnel in charge of the programs and divisions; and
(4) The lines of authority, responsibility, and communication of administrative personnel.
[ 1979 ex.s. c 211 § 35.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.370 - Licensed administrator.

RCW 74.42.370
Licensed administrator.
The facility shall have an administrator who is a licensed nursing home administrator under chapter 18.52 RCW. The administrator is responsible for managing the facility and implementing established policies and procedures.
[ 1979 ex.s. c 211 § 37.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.42 - Nursing Homes—Resident Care, Operating Standards. › 74.42.380 - Director of nursing services.

RCW 74.42.380
Director of nursing services.
(1) The facility shall have a director of nursing services. The director of nursing services shall be a registered nurse or an advanced registered nurse practitioner.
(2) The director of nursing services is responsible for:
(a) Coordinating the plan of care for each resident;
(b) Permitting only licensed personnel to administer medications: PROVIDED, That nothing herein shall be construed as prohibiting graduate nurses or student nurses from administering medications when permitted to do so under chapter 18.79 RCW and rules adopted under it: PROVIDED FURTHER, That nothing herein shall be construed as prohibiting persons certified under *chapter 18.135 RCW from practicing pursuant to the delegation and supervision requirements of *chapter 18.135 RCW and rules adopted under it; and
(c) Insuring that the licensed practical nurses and the registered nurses comply with chapter 18.79 RCW, and persons certified under *chapter 18.135 RCW comply with the provisions of that chapter and rules adopted under it.
[ 1994 sp.s. c 9 § 753; 1989 c 372 § 6; 1985 c 284 § 2; 1979 ex.s. c 211 § 38.]
NOTES:
*Reviser's note: Chapter 18.135 RCW was repealed by 2012 c 153 § 20.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.