reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.300 - Multistate nurse license—Conditions of employment.

RCW 70.127.300
Multistate nurse license—Conditions of employment.
(1) Beginning September 1, 2023, and annually thereafter, individuals that hold a multistate nurse license issued by a state other than Washington and are employed by hospice care centers licensed under this chapter shall complete any demographic data surveys required by the board of nursing in rule as a condition of employment.
(2) Individuals that hold a multistate nurse license issued by a state other than Washington and are employed by hospice care centers licensed under this chapter shall complete the suicide assessment, treatment, and management training required by RCW 43.70.442(5)(a) as a condition of employment.
(3) Hospice care centers shall report to the board of nursing, within 30 days of employment, all nurses holding a multistate license issued by a state other than Washington and an attestation that the employees holding a multistate license issued by a state other than Washington have completed the tasks required under this section as a condition of employment.
(4) This section is subject to enforcement by the department.
[ 2023 c 123 § 29.]
NOTES:
Short title—2023 c 123: See RCW 18.80.900.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.007 - Purpose.

RCW 70.128.007
Purpose.
The purposes of this chapter are to:
(1) Encourage the establishment and maintenance of adult family homes that provide a humane, safe, and residential home environment for persons with functional limitations who need personal and special care;
(2) Establish standards for regulating adult family homes that adequately protect residents;
(3) Encourage consumers, families, providers, and the public to become active in assuring their full participation in development of adult family homes that provide high quality and cost-effective care;
(4) Provide for appropriate care of residents in adult family homes by requiring that each resident have a care plan that promotes the most appropriate level of physical, mental, and psychosocial well-being consistent with client choice; and
(5) Accord each resident the right to participate in the development of the care plan and in other major decisions involving the resident and their care.
[ 2001 c 319 § 5; 1995 1st sp.s. c 18 § 19; 1989 c 427 § 15.]
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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.010 - Definitions.

RCW 70.128.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An adult family home may provide services to up to eight adults upon approval from the department under RCW 70.128.066.
(2) "Adult family home licensee" means a provider as defined in this section who does not receive payments from the medicaid and state-funded long-term care programs.
(3) "Adult family home training network" means a nonprofit organization established by the exclusive bargaining representative of adult family homes designated under RCW 41.56.029 with the capacity to provide training, workforce development, and other services to adult family homes.
(4) "Adults" means persons who have attained the age of eighteen years.
(5) "Capacity" means the maximum number of persons in need of personal or special care permitted in an adult family home at a given time. This number shall include related children or adults in the home and who received special care.
(6) "Department" means the department of social and health services.
(7) "Home" means an adult family home.
(8) "Imminent danger" means serious physical harm to or death of a resident has occurred, or there is a serious threat to resident life, health, or safety.
(9) "Provider" means any person who is licensed under this chapter to operate an adult family home. For the purposes of this section, "person" means any individual, partnership, corporation, association, or limited liability company.
(10) "Resident" means an adult in need of personal or special care in an adult family home who is not related to the provider.
(11) "Resident manager" means a person employed or designated by the provider to manage the adult family home.
(12) "Special care" means care beyond personal care as defined by the department, in rule.
[ 2020 c 220 § 1. Prior: 2019 c 466 § 2; 2007 c 184 § 7; prior: 2001 c 319 § 6; 2001 c 319 § 2; 1995 c 260 § 2; 1989 c 427 § 16.]
NOTES:
Part headings not law—Severability—Conflict with federal requirements—2007 c 184: See notes following RCW 41.56.029.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.030 - Exemptions.

RCW 70.128.030
Exemptions.
The following residential facilities shall be exempt from the operation of this chapter:
(1) Nursing homes licensed under chapter 18.51 RCW;
(2) Assisted living facilities licensed under chapter 18.20 RCW;
(3) Facilities approved and certified under chapter 71A.22 RCW;
(4) Residential treatment centers for individuals with mental illness licensed under chapter 71.24 RCW;
(5) Hospitals licensed under chapter 70.41 RCW;
(6) Homes for individuals with developmental disabilities licensed under chapter 74.15 RCW.
[ 2012 c 10 § 55; 1989 c 427 § 17.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.043 - Negotiated rule making—Statewide unit of licensees—Intent.

RCW 70.128.043
Negotiated rule making—Statewide unit of licensees—Intent.
(1) Solely for the purposes of negotiated rule making pursuant to RCW 34.05.310(2)(a) and 70.128.040, a statewide unit of all adult family home licensees is appropriate. As of July 22, 2007, the exclusive representative of adult family home licensees in the statewide unit shall be the organization certified by the American arbitration association as the sole representative after the association conducts a cross-check comparing authorization cards against the department of social and health services' records and finds that majority support for the organization exists. If adult family home licensees seek to select a different representative thereafter, the adult family home licensees may request that the American arbitration association conduct an election and certify the results of the election.
(2) In enacting this section, the legislature intends to provide state action immunity under federal and state antitrust laws for the joint activities of licensees and their exclusive representative to the extent such activities are authorized by this chapter.
[ 2007 c 184 § 6.]
NOTES:
Part headings not law—Severability—Conflict with federal requirements—2007 c 184: See notes following RCW 41.56.029.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.050 - License—Required as of July 1, 1990—Limitations.

RCW 70.128.050
License—Required as of July 1, 1990—Limitations.
(1) After July 1, 1990, no person shall operate or maintain an adult family home in this state without a license under this chapter.
(2) Couples legally married or state registered domestic partners:
(a) May not apply for separate licenses; and
(b) May apply jointly to be coproviders if they are both qualified. One person may apply to be a provider without requiring the other person to apply.
[ 2011 1st sp.s. c 3 § 202; 1989 c 427 § 19.]
NOTES:
Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.055 - Operating without a license—Misdemeanor.

RCW 70.128.055
Operating without a license—Misdemeanor.
A person operating or maintaining an adult family home without a license under this chapter is guilty of a misdemeanor. Each day of a continuing violation after conviction is considered a separate offense.
[ 1991 c 40 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.057 - Operating without a license—Injunction or civil penalty.

RCW 70.128.057
Operating without a license—Injunction or civil penalty.
Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law, upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction, civil penalty, or other process against a person to restrain or prevent the operation or maintenance of an adult family home without a license under this chapter.
[ 1995 1st sp.s. c 18 § 20; 1991 c 40 § 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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.058 - Operating without a license—Application of consumer protection act.

RCW 70.128.058
Operating without a license—Application of consumer protection act.
The legislature finds that the operation of an adult family home without a license in violation of this chapter is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an adult family home without a license in violation of this chapter is not reasonable in relation to the development and preservation of business. Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1995 1st sp.s. c 18 § 21.]
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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.064 - Priority processing for license applications—Provisional license.

RCW 70.128.064
Priority processing for license applications—Provisional license.
(1) A provisional license permits the operation of an adult family home for a period of time to be determined by the department, not to exceed twelve months, and is not subject to renewal. A provisional license may be issued:
(a) When a currently licensed adult family home provider has applied to be licensed as the new provider for a currently licensed adult family home, the application has been initially processed, and all that remains to complete the application process is an on-site inspection; or
(b) Under exceptional circumstances, such as the sudden and unexpected death of the sole provider of an adult family home.
(2) In order to prevent disruption to current residents, the department shall give priority processing to an application for a change of ownership:
(a) At the request of the currently licensed provider; or
(b) When the department has issued a provisional license.
[ 2018 c 160 § 1; 2001 c 319 § 10.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.065 - Multiple facility operators—Requirements—Licensure of additional homes.

RCW 70.128.065
Multiple facility operators—Requirements—Licensure of additional homes.
(1) A multiple facility operator must successfully demonstrate to the department financial solvency and management experience for the homes under its ownership and the ability to meet other relevant safety, health, and operating standards pertaining to the operation of multiple homes, including ways to mitigate the potential impact of vehicular traffic related to the operation of the homes.
(2) The department shall only accept and process an application for licensure of an additional home when:
(a) A period of no less than twenty-four months has passed since the issuance of the initial adult family home license; and
(b) The department has taken no enforcement actions against the applicant's currently licensed adult family homes during the twenty-four months prior to application.
(3)(a) Except as provided in (b) of this subsection, the department shall only accept and process an additional application for licensure of other adult family homes when twelve months has passed since the previous adult family home license, and the department has taken no enforcement actions against the applicant's currently licensed adult family homes during the twelve months prior to application.
(b) The department shall accept and process applications for licensure of additional adult family homes when less than twelve months have passed since the previous adult family home license, if the applications are due to the change in ownership of existing adult family homes that are currently licensed and the department has taken no enforcement actions against the applicant's currently licensed adult family homes during the twelve months prior to application.
(4) In the event of serious noncompliance leading to the imposition of one or more actions listed in RCW 70.128.160(2) for violation of federal, state, or local laws, or regulations relating to provision of care or services to vulnerable adults or children, the department is authorized to take one or more actions listed in RCW 70.128.160(2) against any home or homes operated by the provider if there is a violation in the home or homes.
(5) In the event of serious noncompliance in a home operated by a provider with multiple adult family homes, leading to the imposition of one or more actions listed in RCW 70.128.160(2), the department shall inspect the other homes operated by the provider to determine whether the same or related deficiencies are present in those homes. The cost of these additional inspections may be imposed on the provider as a civil penalty up to a maximum of three hundred dollars per additional inspection.
(6) A provider is ultimately responsible for the day-to-day operations of each licensed home.
[ 2013 c 185 § 1; 2011 1st sp.s. c 3 § 203; 1996 c 81 § 6.]
NOTES:
Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.
Effective date—1996 c 81: See note following RCW 70.128.120.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.070 - License—Inspections—Correction of violations.

RCW 70.128.070
License—Inspections—Correction of violations.
(1) A license shall remain valid unless voluntarily surrendered, suspended, or revoked in accordance with this chapter.
(2)(a) Homes applying for a license shall be inspected at the time of licensure.
(b) Homes licensed by the department shall be inspected at least every eighteen months, with an annual average of fifteen months. However, an adult family home may be allowed to continue without inspection for two years if the adult family home had no inspection citations for the past three consecutive inspections and has received no written notice of violations resulting from complaint investigations during that same time period.
(c) The department may make an unannounced inspection of a licensed home at any time to assure that the home and provider are in compliance with this chapter and the rules adopted under this chapter.
(d) If a pandemic, natural disaster, or other declared state of emergency prevents the department from completing inspections according to the timeline in this subsection, the department shall adopt rules to reestablish inspection timelines based on the length of time since last inspection, compliance history of each facility, and immediate health or safety concerns.
(i) Rules adopted under this subsection (2)(d) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all facility inspections are occurring according to time frames established in (b) of this subsection, whichever is later. Once the department determines a rule adopted under this subsection (2)(d) is no longer necessary, it must repeal the rule under RCW 34.05.353.
(ii) Within 12 months of the termination of the pandemic, natural disaster, or declared state of emergency, the department shall conduct a review of inspection compliance with (b) of this subsection and provide the legislature with a report.
(3) If the department finds that the home is not in compliance with this chapter, it shall require the home to correct any violations as provided in this chapter.
[ 2021 c 203 § 13; 2011 1st sp.s. c 3 § 204; 2004 c 143 § 1; 1998 c 272 § 4; 1995 1st sp.s. c 18 § 22; 1989 c 427 § 22.]
NOTES:
Effective date—Retroactive application—2021 c 203: See note following RCW 43.43.832.
Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.080 - License and inspection report—Availability for review.

RCW 70.128.080
License and inspection report—Availability for review.
An adult family home shall have readily available for review by the department, residents, and the public:
(1) Its license to operate; and
(2) A copy of each inspection report received by the home from the department for the past three years.
[ 1995 1st sp.s. c 18 § 23; 1989 c 427 § 21.]
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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.090 - Inspections—Generally.

RCW 70.128.090
Inspections—Generally.
(1) During inspections of an adult family home, the department shall have access and authority to examine areas and articles in the home used to provide care or support to residents, including residents' records, accounts, and the physical premises, including the buildings, grounds, and equipment. The personal records of the provider are not subject to department inspection nor is the separate bedroom of the provider, not used in direct care of a client, subject to review. The department may inspect all rooms during the initial licensing of the home. However, during a complaint investigation, the department shall have access to the entire premises and all pertinent records when necessary to conduct official business. The department also shall have the authority to interview the provider and residents of an adult family home.
(2) Whenever an inspection is conducted, the department shall prepare a written report that summarizes all information obtained during the inspection, and if the home is in violation of this chapter, serve a copy of the inspection report upon the provider at the same time as a notice of violation. This notice shall be mailed to the provider within ten working days of the completion of the inspection process. If the home is not in violation of this chapter, a copy of the inspection report shall be mailed to the provider within ten calendar days of the inspection of the home. All inspection reports shall be made available to the public at the department during business hours.
(3) The provider shall develop corrective measures for any violations found by the department's inspection. The department shall upon request provide consultation and technical assistance to assist the provider in developing effective corrective measures. The department shall include a statement of the provider's corrective measures in the department's inspection report.
[ 2001 c 319 § 7; 1995 1st sp.s. c 18 § 24; 1989 c 427 § 30.]
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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.100 - Immediate suspension of license when conditions warrant.

RCW 70.128.100
Immediate suspension of license when conditions warrant.
The department has the authority to immediately suspend a license if it finds that conditions there constitute an imminent danger to residents.
[ 1989 c 427 § 32.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.105 - Injunction if conditions warrant.

RCW 70.128.105
Injunction if conditions warrant.
The department may commence an action in superior court to enjoin the operation of an adult family home if it finds that conditions there constitute an imminent danger to residents.
[ 1991 c 40 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.110 - Prohibition against recommending unlicensed home—Report and investigation of unlicensed home.

RCW 70.128.110
Prohibition against recommending unlicensed home—Report and investigation of unlicensed home.
(1) No public agency contractor or employee shall place, refer, or recommend placement of a person into an adult family home that is operating without a license.
(2) Any public agency contractor or employee who knows that an adult family home is operating without a license shall report the name and address of the home to the department. The department shall investigate any report filed under this section.
[ 1989 c 427 § 23.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.122 - Adult family homes licensed by Indian tribes.

RCW 70.128.122
Adult family homes licensed by Indian tribes.
The legislature recognizes that adult family homes located within the boundaries of a federally recognized Indian reservation may be licensed by the Indian tribe. The department may pay for care for persons residing in such homes, if there has been a tribal or state criminal background check of the provider and any staff, and the client is otherwise eligible for services administered by the department.
[ 1995 1st sp.s. c 18 § 25.]
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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.125 - Resident rights.

RCW 70.128.125
Resident rights.
RCW 70.129.005 through 70.129.030, 70.129.040, and 70.129.050 through 70.129.170 apply to this chapter and persons regulated under this chapter.
[ 2011 1st sp.s. c 3 § 302; 1994 c 214 § 24.]
NOTES:
Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.
Conflict with federal requirements—1994 c 214: See RCW 70.129.901.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.135 - Compliance with chapter 70.24 RCW.

RCW 70.128.135
Compliance with chapter 70.24 RCW.
Adult family homes shall comply with the provisions of chapter 70.24 RCW.
[ 2001 c 319 § 9.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.140 - Compliance with local codes and state and local fire safety regulations.

RCW 70.128.140
Compliance with local codes and state and local fire safety regulations.
(1) Each adult family home shall meet applicable local licensing, zoning, building, and housing codes, and state and local fire safety regulations as they pertain to a single-family residence. It is the responsibility of the home to check with local authorities to ensure all local codes are met.
(2) An adult family home must be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes are a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.
[ 2011 1st sp.s. c 3 § 207; 1995 1st sp.s. c 18 § 26; 1989 c 427 § 27.]
NOTES:
Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.
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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.150 - Adult family homes to work with local quality assurance projects—Interference with representative of ombuds program—Penalty.

RCW 70.128.150
Adult family homes to work with local quality assurance projects—Interference with representative of ombuds program—Penalty.
Whenever possible, adult family homes are encouraged to contact and work with local quality assurance projects such as the volunteer ombuds with the goal of assuring high quality care is provided in the home.
An adult family home may not willfully interfere with a representative of the long-term care ombuds program in the performance of official duties. The department shall impose a penalty of not more than one thousand dollars for any such willful interference.
[ 2013 c 23 § 181; 1995 1st sp.s. c 18 § 27; 1989 c 427 § 28.]
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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.167 - Disputed violations, enforcement remedies—Informal dispute resolution process.

RCW 70.128.167
Disputed violations, enforcement remedies—Informal dispute resolution process.
(1) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a violation, or parts of a violation, or enforcement remedy imposed by the department.
(2) The informal dispute resolution process provided by the department shall include, but is not necessarily limited to, an opportunity for review by a department employee who did not participate in, or oversee, the determination of the violation or enforcement remedy under dispute. The department shall develop, or further develop, an informal dispute resolution process consistent with this section.
(3) A request for an informal dispute resolution shall be made to the department within ten working days from the receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and enforcement remedy or remedies being disputed. The department shall convene a meeting, when possible, within ten working days of receipt of the request for informal dispute resolution, unless by mutual agreement a later date is agreed upon.
(4) If the department determines that a violation or enforcement remedy should not be cited or imposed, the department shall delete the violation or immediately rescind or modify the enforcement remedy. Upon request, the department shall issue a clean copy of the revised report, statement of deficiencies, or notice of enforcement action.
(5) The request for informal dispute resolution does not delay the effective date of any enforcement remedy imposed by the department, except that civil monetary fines are not payable until the exhaustion of any formal hearing and appeal rights provided under this chapter. The licensee shall submit to the department, within the time period prescribed by the department, a plan of correction to address any undisputed violations, and including any violations that still remain following the informal dispute resolution.
[ 2001 c 193 § 8.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.170 - Homes relying on prayer for healing—Application of chapter.

RCW 70.128.170
Homes relying on prayer for healing—Application of chapter.
Nothing in this chapter or the rules adopted under it may be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents in any adult family home conducted by and for the adherents of a church or religious denomination who rely upon spiritual means alone through prayer for healing in accordance with the tenets and practices of such church or religious denomination and the bona fide religious beliefs genuinely held by such adherents.
[ 1989 c 427 § 33.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.200 - Toll-free telephone number for complaints—Discrimination or retaliation prohibited.

RCW 70.128.200
Toll-free telephone number for complaints—Discrimination or retaliation prohibited.
(1) The department shall maintain a toll-free telephone number for receiving complaints regarding adult family homes.
(2) An adult family home shall post in a place and manner clearly visible to residents and visitors the department's toll-free complaint telephone number.
(3) No adult family home shall discriminate or retaliate in any manner against a resident on the basis or for the reason that such resident or any other person made a complaint to the department or the long-term care ombuds or cooperated with the investigation of such a complaint.
[ 2013 c 23 § 183; 1995 1st sp.s. c 18 § 30.]
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 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.220 - Elder care—Professionalization of providers.

RCW 70.128.220
Elder care—Professionalization of providers.
Adult family homes have developed rapidly in response to the health and social needs of the aging population in community settings, especially as the aging population has increased in proportion to the general population. The growing demand for elder care with a new focus on issues affecting senior citizens, including persons with developmental disabilities, mental illness, or dementia, has prompted a growing professionalization of adult family home providers to address quality care and quality of life issues consistent with standards of accountability and regulatory safeguards for the health and safety of the residents.
[ 2011 1st sp.s. c 3 § 209; 2002 c 223 § 3; 1998 c 272 § 9.]
NOTES:
Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.240 - Approval system—Department-approved training—Adoption of rules.

RCW 70.128.240
Approval system—Department-approved training—Adoption of rules.
By March 1, 2002, the department must, by rule, create an approval system for those seeking to conduct department-approved training under RCW 70.128.230, * 70.128.120 (5) and (6), and ** 70.128.130(10). The department shall adopt rules based on recommendations of the community long-term care training and education steering committee established in ***RCW 74.39A.190.
[ 2000 c 121 § 7.]
NOTES:
Reviser's note: *(1) RCW 70.128.120 was amended by 2001 c 319 § 8, changing subsections (5) and (6) to subsections (6) and (7).
**(2) RCW 70.128.130 was amended by 2011 1st sp.s. c 3 § 206, changing subsection (10) to subsection (16).
***(3) RCW 74.39A.190 was repealed by 2007 c 361 § 10.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.250 - Required training and continuing education—Food safety training and testing.

RCW 70.128.250
Required training and continuing education—Food safety training and testing.
The department shall implement, as part of the required training and continuing education, food safety training and testing integrated into the curriculum that meets the standards established by the state board of health pursuant to chapter 69.06 RCW. Individual food handler permits are not required for persons who begin working in an adult family home after June 30, 2005, and successfully complete the basic and modified-basic caregiver training, provided they receive information or training regarding safe food handling practices from the employer prior to providing food handling or service for the clients. Documentation that the information or training has been provided to the individual must be kept on file by the employer.
Licensed adult family home providers or employees who hold individual food handler permits prior to June 30, 2005, will be required to maintain continuing education of .5 hours per year in order to maintain food handling and safety training. Licensed adult family home providers or employees who hold individual food handler permits prior to June 30, 2005, will not be required to renew the permit provided the continuing education requirement as stated above is met.
[ 2005 c 505 § 6.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.260 - Limitation on restrictive covenants.

RCW 70.128.260
Limitation on restrictive covenants.
(1) To effectuate the public policies of this chapter, restrictive covenants may not limit, directly or indirectly:
(a) Persons with disabilities from living in an adult family home licensed under this chapter; or
(b) Persons and legal entities from operating adult family homes licensed under this chapter, whether for-profit or nonprofit, to provide services covered under this chapter. However, this subsection does not prohibit application of reasonable nondiscriminatory regulation, including but not limited to landscaping standards or regulation of sign location or size, that applies to all residential property subject to the restrictive covenant.
(2) This section applies retroactively to all restrictive covenants in effect on July 26, 2009. Any provision in a restrictive covenant in effect on or after July 26, 2009, that is inconsistent with subsection (1) of this section is unenforceable to the extent of the conflict.
[ 2009 c 530 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.270 - Legislative intent—Enacting recommendations included in the adult family home quality assurance panel report.

RCW 70.128.270
Legislative intent—Enacting recommendations included in the adult family home quality assurance panel report.
(1) The protection of vulnerable residents living in adult family homes and other long-term care facilities in the state is a matter of ongoing concern and grave importance. In 2011, the legislature examined problems with the quality of care and oversight of adult family homes in Washington. The 2011 legislature passed Engrossed Substitute House Bill No. 1277 to address some of these issues, and in addition, created an adult family home quality assurance panel, chaired by the state long-term care ombudsman [ombuds], to meet and make recommendations to the governor and legislature by December 1, 2012, for further improvements in adult family home care and the oversight of the homes by the department of social and health services.
(2) The legislature recognizes that significant progress has been made over the years in adult family home care, and that many adult family homes provide high quality care and are the preferred alternative for many residents in contrast to a larger care facility setting. The legislature finds however that the quality of care in some adult family homes would be improved, and abuse and neglect would decline, if these homes' caregivers and providers received better training and mentoring, residents and their families were more informed and able to select an appropriate home, and oversight by the department of social and health services was more vigorous and prompt against poorly performing homes. It is therefore the intent of the legislature to enact the recommendations included in the adult family home quality assurance panel report in order to improve the quality of care of vulnerable residents and the department's oversight of adult family homes.
[ 2013 c 300 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.290 - Correction of a violation or deficiency—Not included in a home's report—Criteria.

RCW 70.128.290
Correction of a violation or deficiency—Not included in a home's report—Criteria.
(1) If during an inspection, reinspection, or complaint investigation by the department, an adult family home corrects a violation or deficiency that the department discovers, the department shall record and consider such violation or deficiency for purposes of the home's compliance history; however, the licensor or complaint investigator may not include in the home's report the violation or deficiency if the violation or deficiency:
(a) Is corrected to the satisfaction of the department prior to the exit conference;
(b) Is not recurring; and
(c) Did not pose a significant risk of harm or actual harm to a resident.
(2) For the purposes of this section, "recurring" means that the violation or deficiency was found under the same regulation or statute in one of the two most recent preceding inspections, reinspections, or complaint investigations.
[ 2013 c 300 § 5.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.300 - Services for adult family home residents with a primary need of care related to a developmental or intellectual disability—Services for residents of adult family homes dedicated solely to dementia care—Design and implementation—Recommendations.

RCW 70.128.300
Services for adult family home residents with a primary need of care related to a developmental or intellectual disability—Services for residents of adult family homes dedicated solely to dementia care—Design and implementation—Recommendations.
(1) Subject to the availability of amounts appropriated for this specific purpose, the developmental disabilities administration within the department shall work with stakeholders to design and implement services for individuals living in adult family homes who have a primary need of care related to a developmental or intellectual disability. These services must be enhancements or in addition to services currently available, and designed to meet the specific provisions related to the assessment, environment, regulations, provision of care, and training requirements. These services must be enhancements or in addition to services currently available, and designed to support an intentional environment to improve resident quality of life, promote resident safety, including protecting safety in relationships between residents, increase resident length of stay, clarify regulations, streamline training requirements, reduce the need for institutional settings, and attract more adult family home providers to develop such highly needed resources. The recommendations for these services must be completed by June 1, 2020, for consideration and implementation in the 2021-2023 biennium.
(2) Subject to the availability of amounts appropriated for this specific purpose, the aging and long-term support administration within the department shall work with stakeholders to design and implement proposed services for individuals living in adult family homes that are dedicated solely to the care of individuals with dementia, including Alzheimer's disease. These services must be enhancements or in addition to services currently available, and designed to include specific provisions related to the assessment, environment, regulations, provision of care, and training requirements. These services must be designed to support an intentional environment to improve resident quality of life, promote resident safety, including protecting safety in relationships between residents, increase resident length of stay, clarify regulations, streamline training requirements, reduce the need for institutional settings, and attract more adult family home providers to develop such highly needed resources. The recommendations for these services must be completed by June 1, 2020, for consideration and implementation in the 2021-2023 biennium.
[ 2019 c 466 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.305 - Adult family home training network—Requirements.

RCW 70.128.305
Adult family home training network—Requirements.
(1) If the department has any contracts for personal care services with any adult family home represented by an exclusive bargaining representative:
(a) Effective July 1, 2020, training required under this chapter for adult family homes must be available through an adult family home training network.
(b) The exclusive bargaining representative shall designate the adult family home training network.
(c) The parties to the collective bargaining agreement must negotiate a memorandum of understanding to provide for contributions to the adult family home training network. Contributions to the adult family home training network must begin no sooner than January 1, 2020. Contributions to the adult family home training network for fiscal year 2021 must be limited to no more than the amount appropriated for training in the 2019-2021 collective bargaining agreement.
(d) Contributions must be provided to the adult family home training network through a vendor contract executed by the department.
(e) The adult family home training network shall provide reports as required by the department verifying that providers have complied with all training requirements.
(2) Nothing in subsection (1) of this section:
(a) Limits the ability of a department-approved training entity or instructor to provide training to an adult family home provider, resident manager, or caregiver;
(b) Requires that a department-approved training entity or instructor contract with an adult family home training network; or
(c) Prevents an adult family home provider, resident manager, or caregiver from receiving training from a department-approved training entity or instructor.
[ 2019 c 466 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.306 - Stop placement orders and limited stop placement orders.

RCW 70.128.306
Stop placement orders and limited stop placement orders.
The department must require an adult family home that is subject to a stop placement order or limited stop placement order under RCW 70.128.160 to publicly post in a conspicuous place at the adult family home a standardized notice that the department has issued a stop placement order or limited stop placement order for the adult family home. The standardized notice shall be developed by the department to include the date of the stop placement order or limited stop placement order, any conditions placed upon the adult family home's license, contact information for the department, contact information for the administrator or provider of the adult family home, and a statement that anyone may contact the department or the administrator or provider for further information. The notice must remain posted until the department has terminated the stop placement order or limited stop placement order.
[ 2021 c 159 § 18.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.310 - Multistate nurse license—Conditions of employment.

RCW 70.128.310
Multistate nurse license—Conditions of employment.
(1) Beginning September 1, 2023, and annually thereafter, individuals that hold a multistate nurse license issued by a state other than Washington and are employed by adult family homes licensed under this chapter shall complete any demographic data surveys required by the board of nursing in rule as a condition of employment.
(2) Individuals that hold a multistate nurse license issued by a state other than Washington and are employed by adult family homes licensed under this chapter shall complete the suicide assessment, treatment, and management training required by RCW 43.70.442(5)(a) as a condition of employment.
(3) Adult family homes shall report to the board of nursing, within 30 days of employment, all nurses holding a multistate license issued by a state other than Washington and an attestation that the employees holding a multistate license issued by a state other than Washington have completed the tasks required under this section as a condition of employment.
(4) This section is subject to enforcement by the department.
[ 2023 c 123 § 30.]
NOTES:
Short title—2023 c 123: See RCW 18.80.900.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.128 - Adult Family Homes. › 70.128.901 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 70.128.901
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 § 155.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.005 - Intent—Basic rights.

RCW 70.129.005
Intent—Basic rights.
The legislature recognizes that long-term care facilities are a critical part of the state's long-term care services system. It is the intent of the legislature that individuals who reside in long-term care facilities receive appropriate services, be treated with courtesy, and continue to enjoy their basic civil and legal rights.
It is also the intent of the legislature that long-term care facility residents have the opportunity to exercise reasonable control over life decisions. The legislature finds that choice, participation, privacy, and the opportunity to engage in religious, political, civic, recreational, and other social activities foster a sense of self-worth and enhance the quality of life for long-term care residents.
The legislature finds that the public interest would be best served by providing the same basic resident rights in all long-term care settings. Residents in nursing facilities are guaranteed certain rights by federal law and regulation, 42 U.S.C. 1396r and 42 C.F.R. part 483. It is the intent of the legislature to extend those basic rights to residents in veterans' homes, assisted living facilities, enhanced services facilities, and adult family homes.
The legislature intends that a facility should care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life. A resident should have a safe, clean, comfortable, and homelike environment, allowing the resident to use his or her personal belongings to the extent possible.
[ 2020 c 278 § 12; 2012 c 10 § 57; 1994 c 214 § 1.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
Zoning—1994 c 214: "Nothing in this act shall affect the classifying of an adult family home for the purposes of zoning." [ 1994 c 214 § 30.]