reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.37 - Health Care Facilities. › 70.37.080 - Bond issues—Disposition of proceeds—Special fund.

RCW 70.37.080
Bond issues—Disposition of proceeds—Special fund.
Proceeds from the sale of all bonds of a project issued under the provisions of this chapter received by the authority shall be deposited forthwith by the authority in qualified public depositaries in a special fund for the particular project for which the bonds were issued and sold, which money shall not be funds of the state of Washington. Such fund shall at all times be segregated and set apart from all other funds and in trust for the purposes of purchase, construction, acquisition, leasing, or use of a project or projects, and for other special needs of the project declared by the authority, including the manner of disposition of any money not finally needed in the construction, purchase, or other acquisition. Money other than bond sale proceeds received by the authority for these same purposes, such as contributions from a participant or a grant from the federal government may be deposited in the same project fund. Proceeds received from the sale of the bonds may also be used to defray the expenses of the authority in connection with and incidental to the issuance and sale of bonds for the project, as well as expenses for studies, surveys, estimates, inspections and examinations of or relating to the particular project, and other costs advanced therefor by the participant or by the authority. In lieu of itself receiving and handling these moneys in the manner here outlined the authority may appoint trustees, depositaries and paying agents to perform the functions outlined and to receive, hold, disburse, invest and reinvest such funds on its behalf and for the protection of the participants and of bondholders.
[ 1974 ex.s. c 147 § 8.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.37 - Health Care Facilities. › 70.37.090 - Payment of authority for expenses incurred in investigating and financing projects.

RCW 70.37.090
Payment of authority for expenses incurred in investigating and financing projects.
The authority shall have power to require persons applying for its assistance in connection with the investigation and financing of projects to pay fees and charges to provide the authority with funds for investigation, financial feasibility studies, expenses of issuance and sale of bonds and other charges for services provided by the authority in connection with such projects. All other expenses of the authority including compensation of its employees and consultants, expenses of administration and conduct of its work and business and other expenses shall be paid out of such fees and charges, out of contributions and grants to it, out of the proceeds of bonds issued for projects of participants or out of revenues of such projects; none by the state of Washington. The authority shall have power to establish special funds into which such money shall be received and out of which it may be disbursed by the persons and with the procedure and in the manner established by the authority.
[ 1974 ex.s. c 147 § 9.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.37 - Health Care Facilities. › 70.37.100 - Powers of authority.

RCW 70.37.100
Powers of authority.
The authority may make contracts, employ or engage engineers, architects, attorneys, an executive director, and other technical or professional assistants, and such other personnel as are necessary. It may delegate to the executive director or other appropriate persons the power to execute legal instruments on its behalf. It may enter into contracts with the United States, accept gifts for its purposes, and exercise any other power reasonably required to implement the principal powers granted in this chapter. No provision of this chapter shall be construed so as to limit the power of the authority to provide bond financing to more than one participant and/or project by means of a single issue of revenue bonds utilizing a single bond fund and/or a single special fund into which proceeds of such bonds are deposited. The authority shall have no power to levy any taxes of any kind or nature and no power to incur obligations on behalf of the state of Washington.
[ 1982 c 10 § 14. Prior: 1981 c 121 § 2; 1981 c 31 § 1; 1974 ex.s. c 147 § 10.]
NOTES:
Severability—1982 c 10: See note following RCW 6.13.080.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.37 - Health Care Facilities. › 70.37.110 - Advancements and contributions by political subdivisions.

RCW 70.37.110
Advancements and contributions by political subdivisions.
Any city, county or other political subdivision of this state and any public health care facility is hereby authorized to advance or contribute to the authority real property, money, and other personal property of any kind towards the expense of preliminary surveys and studies and other preliminary expenses of projects which they are by other statutes of this state authorized to own or operate which are a part of a plan or system which has been submitted by them and is under consideration by the authority for assistance under the provisions of this chapter.
[ 1974 ex.s. c 147 § 11.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.015 - Declaration of public policy.

RCW 70.38.015
Declaration of public policy.
It is declared to be the public policy of this state:
(1) That strategic health planning efforts must be supported by appropriately tailored regulatory activities that can effectuate the goals and principles of the statewide health resources strategy developed pursuant to chapter 43.370 RCW. The implementation of the strategy can promote, maintain, and assure the health of all citizens in the state, provide accessible health services, health manpower, health facilities, and other resources while controlling increases in costs, and recognize prevention as a high priority in health programs. Involvement in health planning from both consumers and providers throughout the state should be encouraged;
(2) That the certificate of need program is a component of a health planning regulatory process that is consistent with the statewide health resources strategy and public policy goals that are clearly articulated and regularly updated;
(3) That the development and maintenance of adequate health care information, statistics and projections of need for health facilities and services is essential to effective health planning and resources development;
(4) That the development of nonregulatory approaches to health care cost containment should be considered, including the strengthening of price competition; and
(5) That health planning should be concerned with public health and health care financing, access, and quality, recognizing their close interrelationship and emphasizing cost control of health services, including cost-effectiveness and cost-benefit analysis.
[ 2007 c 259 § 55; 1989 1st ex.s. c 9 § 601; 1983 c 235 § 1; 1980 c 139 § 1; 1979 ex.s. c 161 § 1.]
NOTES:
Subheadings not law—2007 c 259: See note following RCW 7.70.060.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.018 - Statewide health resources strategy—Consistency—Waivers.

RCW 70.38.018
Statewide health resources strategy—Consistency—Waivers.
(1) For the purposes of this section and RCW 70.38.015 and 70.38.135, "statewide health resource strategy" or "strategy" means the statewide health resource strategy developed by the office of financial management pursuant to chapter 43.370 RCW.
(2) Effective January 1, 2010, for those facilities and services covered by the certificate of need programs, certificate of need determinations must be consistent with the statewide health resources strategy developed pursuant to RCW 43.370.030, including any health planning policies and goals identified in the statewide health resources strategy in effect at the time of application. The department may waive specific terms of the strategy if the applicant demonstrates that consistency with those terms will create an undue burden on the population that a particular project would serve, or in emergency circumstances which pose a threat to public health.
[ 2007 c 259 § 56.]
NOTES:
Subheadings not law—2007 c 259: See note following RCW 7.70.060.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.095 - Public disclosure.

RCW 70.38.095
Public disclosure.
Public accessibility to records shall be accorded by health systems agencies pursuant to Public Law 93-641 and chapter 42.56 RCW. A health systems agency shall be considered a "public agency" for the sole purpose of complying with the public records act, chapter 42.56 RCW.
[ 2005 c 274 § 332; 1979 ex.s. c 161 § 9.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.118 - Certificates of need—Applications submitted by hospice agencies.

RCW 70.38.118
Certificates of need—Applications submitted by hospice agencies.
All certificate of need applications submitted by hospice agencies for the construction, development, or other establishment of a facility to be licensed as either a hospital under chapter 70.41 RCW or as a nursing home under chapter 18.51 RCW, for the purpose of operating the functional equivalent of a hospice care center shall not require a separate certificate of need for a hospice care center provided the certificate of need application was declared complete prior to July 1, 2001, the applicant has been issued a certificate of need, and has applied for and received an in-home services agency license by July 1, 2002.
[ 2000 c 175 § 23.]
NOTES:
Effective date—2000 c 175: See note following RCW 70.127.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.125 - Certificates of need—Issuance—Duration—Penalties for violations.

RCW 70.38.125
Certificates of need—Issuance—Duration—Penalties for violations.
(1) A certificate of need shall be valid for two years. One six-month extension may be made if it can be substantiated that substantial and continuing progress toward commencement of the project has been made as defined by regulations to be adopted pursuant to this chapter.
(2) A project for which a certificate of need has been issued shall be commenced during the validity period for the certificate of need.
(3) The department shall monitor the approved projects to assure conformance with certificates of need that have been issued. Rules and regulations adopted shall specify when changes in the project require reevaluation of the project. The department may require applicants to submit periodic progress reports on approved projects or other information as may be necessary to effectuate its monitoring responsibilities.
(4) The secretary, in the case of a new health facility, shall not issue any license unless and until a prior certificate of need shall have been issued by the department for the offering or development of such new health facility.
(5) Any person who engages in any undertaking which requires certificate of need review without first having received from the department either a certificate of need or an exception granted in accordance with this chapter shall be liable to the state in an amount not to exceed one hundred dollars a day for each day of such unauthorized offering or development. Such amounts of money shall be recoverable in an action brought by the attorney general on behalf of the state in the superior court of any county in which the unauthorized undertaking occurred. Any amounts of money so recovered by the attorney general shall be deposited in the state general fund.
(6) The department may bring any action to enjoin a violation or the threatened violation of the provisions of this chapter or any rules and regulations adopted pursuant to this chapter, or may bring any legal proceeding authorized by law, including but not limited to the special proceedings authorized in Title 7 RCW, in the superior court in the county in which such violation occurs or is about to occur, or in the superior court of Thurston county.
[ 1989 1st ex.s. c 9 § 606; 1983 c 235 § 9; 1980 c 139 § 10; 1979 ex.s. c 161 § 12.]
NOTES:
Effective date—1980 c 139: See RCW 70.38.916.
Effective date—1979 ex.s. c 161: See RCW 70.38.915.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.128 - Certificates of need—Elective percutaneous coronary interventions—Rules.

RCW 70.38.128
Certificates of need—Elective percutaneous coronary interventions—Rules.
To promote the stability of Washington's cardiac care delivery system, by July 1, 2008, the department of health shall adopt rules establishing criteria for the issuance of a certificate of need under this chapter for the performance of elective percutaneous coronary interventions at hospitals that do not otherwise provide on-site cardiac surgery.
Prior to initiating rule making, the department shall contract for an independent evidence-based review of the circumstances under which elective percutaneous coronary interventions should be allowed in Washington at hospitals that do not otherwise provide on-site cardiac surgery. The review shall address, at a minimum, factors related to access to care, patient safety, quality outcomes, costs, and the stability of Washington's cardiac care delivery system and of existing cardiac care providers, and ensure that elective coronary intervention volumes at the University of Washington academic medical center are maintained at levels required for training of cardiologists consistent with applicable accreditation requirements. The department shall consider the results of this review, and any associated recommendations, in adopting these rules.
[ 2007 c 440 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.135 - Services and surveys—Rules.

RCW 70.38.135
Services and surveys—Rules.
The secretary shall have authority to:
(1) Provide when needed temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee-for-service basis;
(2) Make or cause to be made such on-site surveys of health care or medical facilities as may be necessary for the administration of the certificate of need program;
(3) Upon review of recommendations, if any, from the board of health or the office of financial management as contained in the Washington health resources strategy:
(a) Promulgate rules under which health care facilities providers doing business within the state shall submit to the department such data related to health and health care as the department finds necessary to the performance of its functions under this chapter;
(b) Promulgate rules pertaining to the maintenance and operation of medical facilities which receive federal assistance under the provisions of Title XVI;
(c) Promulgate rules in implementation of the provisions of this chapter, including the establishment of procedures for public hearings for predecisions and post-decisions on applications for certificate of need;
(d) Promulgate rules providing circumstances and procedures of expedited certificate of need review if there has not been a significant change in existing health facilities of the same type or in the need for such health facilities and services;
(4) Grant allocated state funds to qualified entities, as defined by the department, to fund not more than seventy-five percent of the costs of regional planning activities, excluding costs related to review of applications for certificates of need, provided for in this chapter or approved by the department; and
(5) Contract with and provide reasonable reimbursement for qualified entities to assist in determinations of certificates of need.
[ 2007 c 259 § 57; 1989 1st ex.s. c 9 § 607; 1983 c 235 § 10; 1979 ex.s. c 161 § 13.]
NOTES:
Subheadings not law—2007 c 259: See note following RCW 7.70.060.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.155 - Certificates of need—Savings—1979 ex.s. c 161.

RCW 70.38.155
Certificates of need—Savings—1979 ex.s. c 161.
The enactment of this chapter shall not have the effect of terminating, or in any way modifying the validity of any certificate of need which shall already have been issued prior to *the effective date of this act.
[ 1979 ex.s. c 161 § 15.]
NOTES:
*Reviser's note: For "the effective date of this act," see RCW 70.38.915.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.156 - Certificates of need—Savings—1980 c 139.

RCW 70.38.156
Certificates of need—Savings—1980 c 139.
The enactment of this chapter as amended shall not have the effect of terminating, or in any way modifying the validity of any certificate of need which shall already have been issued prior to *the effective date of this 1980 act.
[ 1980 c 139 § 11.]
NOTES:
*Reviser's note: For "the effective date of this 1980 act," see RCW 70.38.916.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.157 - Certificates of need—Savings—1983 c 235.

RCW 70.38.157
Certificates of need—Savings—1983 c 235.
The enactment of amendments to chapter 70.38 RCW by chapter 235, Laws of 1983 shall not have the effect of terminating or in any way modifying the validity of a certificate of need which was issued prior to *the effective date of this 1983 act.
[ 1983 c 235 § 11.]
NOTES:
*Reviser's note: "the effective date of this 1983 act" [1983 c 235] for sections 16 and 17 of that act was May 17, 1983. For all other sections of that act the effective date was July 24, 1983.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.158 - Certificates of need—Savings—1989 1st ex.s. c 9 §§ 601 through 607.

RCW 70.38.158
Certificates of need—Savings—1989 1st ex.s. c 9 §§ 601 through 607.
The enactment of *sections 601 through 607 of this act shall not have the effect of terminating, or in any way modifying, the validity of any certificate of need which shall already have been issued prior to July 1, 1989.
[ 1989 1st ex.s. c 9 § 608.]
NOTES:
*Reviser's note: "Sections 601 through 607 of this act" consist of the 1989 1st ex.s. c 9 amendments to RCW 70.38.015, 70.38.025, 70.38.105, 70.38.111, 70.38.115, 70.38.125, and 70.38.135.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.230 - Residential hospice care centers—Defined—Change in bed capacity—Applicability of chapter.

RCW 70.38.230
Residential hospice care centers—Defined—Change in bed capacity—Applicability of chapter.
(1) A change in bed capacity at a residential hospice care center shall not be subject to certificate of need review under this chapter if the department determined prior to June 1994 that the construction, development, or other establishment of the residential hospice care center was not subject to certificate of need review under this chapter.
(2) For purposes of this section, a "residential hospice care center" means any building, facility, place, or equivalent that opened in December 1996 and is organized, maintained, and operated specifically to provide beds, accommodations, facilities, and services over a continuous period of twenty-four hours or more for palliative care of two or more individuals, not related to the operator, who are diagnosed as being in the latter stages of an advanced disease that is expected to lead to death.
[ 1998 c 322 § 50.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.250 - Redistribution and addition of beds—Determination.

RCW 70.38.250
Redistribution and addition of beds—Determination.
(1) The need for projects identified in *RCW 70.38.240 shall be determined using the individual planning area's estimated nursing home bed need ratio and includes but is not limited to the following criteria:
(a) The current capacity of nursing homes and other long-term care services;
(b) The occupancy rates of nursing homes and other long-term care services over the previous two-year period; and
(c) The ability of the other long-term care services to serve all people regardless of payor source.
(2) For the purposes of this section, nursing home beds include long-term care units or distinct part long-term care units located in a hospital that is licensed under chapter 70.41 RCW.
[ 1999 c 376 § 2.]
NOTES:
*Reviser's note: RCW 70.38.240 expired June 30, 2004.
Effective date—1999 c 376: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999." [ 1999 c 376 § 4.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.270 - Psychiatric beds added under RCW 70.38.260.

RCW 70.38.270
Psychiatric beds added under RCW 70.38.260.
New psychiatric beds added under RCW 70.38.260 must remain psychiatric beds unless a certificate of need is granted to change their use or the hospital or psychiatric hospital voluntarily reduces its licensed capacity.
[ 2015 3rd sp.s. c 22 § 3.]
NOTES:
Intent—Effective date—2015 3rd sp.s. c 22: See notes following RCW 70.38.260.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.280 - Kidney disease centers—Emergency certificate of need exemptions.

RCW 70.38.280
Kidney disease centers—Emergency certificate of need exemptions.
(1) Notwithstanding RCW 70.38.105(4)(h), a kidney disease center may be granted an exemption to exceed its authorized number of dialysis stations during a temporary emergency situation upon approval of the department.
(2) A temporary emergency situation is defined to include:
(a) Natural disasters, such as earthquakes, floods, fires, or snowstorms that limit or restrict access to one or more kidney disease centers thereby creating a need for additional capacity at other centers;
(b) Power outages or water system shutdowns;
(c) Mold remediations or other physical plant issues that would put patient safety at risk;
(d) Staffing shortages that require kidney disease center reconfiguration to facilitate delivery of dialysis services as long as the facility does not exceed the number of patients served at the time of the exemption request. If granted, an exemption under this subsection (2)(d) is valid for 90 days, and may be extended at 90-day increments at the discretion of the department; and
(e) Any additional temporary emergency situations as included by the department in rule.
(3) In order to be granted an exemption, a kidney dialysis center must make a written request to the department that may be sent by email, and include the following information:
(a) A brief description of the circumstances requiring the exemption;
(b) The number of additional dialysis stations required to meet patient needs, and except as noted in subsection (2)(d) of this section, the expected duration that the additional stations will be required to address patient needs; and
(c) An acknowledgment that:
(i) Patient safety, health, or well-being are not being threatened;
(ii) Fire and life safety regulations, infection control standards, or other applicable codes or regulations will not be reduced; and
(iii) Structural integrity of the building will not be impaired.
(4) Approval of an exemption does not authorize a kidney disease center to permanently increase the number of dialysis stations. If a kidney disease center seeks a permanent increase in approved stations, a certificate of need review and approval is required.
(5) The department may adopt any rules necessary to implement this section.
[ 2023 c 48 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.905 - Conflict with federal law—Construction.

RCW 70.38.905
Conflict with federal law—Construction.
In any case where the provisions of this chapter may directly conflict with federal law, or regulations promulgated thereunder, the federal law shall supersede and be paramount as necessary to the receipt of federal funds by the state.
[ 1983 c 235 § 12; 1979 ex.s. c 161 § 16.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.914 - Pending certificates of need—1983 c 235.

RCW 70.38.914
Pending certificates of need—1983 c 235.
A certificate of need application which was submitted and declared complete, but upon which final action had not been taken prior to *the effective date of this act, shall be reviewed and action taken based on chapter 70.38 RCW, as in effect prior to *the effective date of this act, and the rules adopted thereunder.
[ 1983 c 235 § 14.]
NOTES:
*Reviser's note: For "the effective date of this act," see note following RCW 70.38.157.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.915 - Effective dates—Pending certificates of need—1979 ex.s. c 161.

RCW 70.38.915
Effective dates—Pending certificates of need—1979 ex.s. c 161.
(1) *Sections 10, 11, 12, and 21 shall take effect on January 1, 1980.
(2) Any certificate of need application which was submitted and declared complete, but upon which final action had not been taken prior to January 1, 1980, shall be reviewed and action taken based on chapter 70.38 RCW, as in effect prior to **the effective date of this 1979 act, and the regulations adopted thereunder.
[ 1979 ex.s. c 161 § 19.]
NOTES:
Reviser's note: *(1) Sections 10, 11, and 12 are codified as RCW 70.38.105, 70.38.115, and 70.38.125. Section 21 was a repealer which repealed RCW 70.38.020, 70.38.110 through 70.38.190, and 70.38.210.
**(2) The effective date of those remaining sections of 1979 ex.s. c 161 which do not have a specific effective date indicated in this section is September 1, 1979.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.916 - Effective date—1980 c 139.

RCW 70.38.916
Effective date—1980 c 139.
*Sections 7, 8, and 10 of this 1980 act shall take effect January 1, 1981.
[ 1980 c 139 § 14.]
NOTES:
Reviser's note: *(1) "Sections 7, 8, and 10 of this 1980 act" consist of amendments to RCW 70.38.105, 70.38.115, and 70.38.125.
(2) The effective date of those remaining sections of 1980 c 139 is June 12, 1980.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.38 - Health Planning and Development. › 70.38.918 - Effective dates—Pending certificates of need—1989 1st ex.s. c 9.

RCW 70.38.918
Effective dates—Pending certificates of need—1989 1st ex.s. c 9.
Any certificate of need application which was submitted and declared complete, but upon which final action had not been taken prior to July 1, 1989, shall be reviewed and action taken based on chapter 70.38 RCW, as in effect prior to July 1, 1989, and the rules adopted thereunder.
[ 1989 1st ex.s. c 9 § 609.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.005 - Transfer of duties to the department of health.

RCW 70.40.005
Transfer of duties to the department of health.
The powers and duties of the department of social and health services and the secretary of social and health services under this chapter shall be performed by the department of health and the secretary of health.
[ 1989 1st ex.s. c 9 § 248.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.010 - Short title.

RCW 70.40.010
Short title.
This chapter may be cited as the "Washington Hospital and Medical Facilities Survey and Construction Act."
[ 1959 c 252 § 1; 1949 c 197 § 1; Rem. Supp. 1949 § 6090-60.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.020 - Definitions.

RCW 70.40.020
Definitions.
As used in this chapter:
(1) "Secretary" means the secretary of the state department of health;
(2) "The federal act" means Title VI of the public health service act, as amended, or as hereafter amended by congress;
(3) "The surgeon general" means the surgeon general of the public health service of the United States;
(4) "Hospital" includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses' home and training facilities, and central service facilities operated in connection with hospitals;
(5) "Public health center" means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers;
(6) "Nonprofit hospital" and "nonprofit medical facility" means any hospital or medical facility owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual;
(7) "Medical facilities" means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in the federal act.
[ 1991 c 3 § 331; 1979 c 141 § 96; 1959 c 252 § 2; 1949 c 197 § 2; Rem. Supp. 1949 § 6090-61.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.030 - Section of hospital and medical facility survey and construction established—Duties.

RCW 70.40.030
Section of hospital and medical facility survey and construction established—Duties.
There is hereby established in the state department of health a "section of hospital and medical facility survey and construction" which shall be administered by a full time salaried head under the supervision and direction of the secretary. The state department of health, through such section, shall constitute the sole agency of the state for the purpose of:
(1) Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of hospital and medical facility construction; and
(2) Developing and administering a state plan for the construction of public and other nonprofit hospitals and medical facilities as provided in this chapter.
[ 1991 c 3 § 332; 1979 c 141 § 97; 1959 c 252 § 3; 1949 c 197 § 3; Rem. Supp. 1949 § 6090-62.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.040 - General duties of the secretary.

RCW 70.40.040
General duties of the secretary.
In carrying out the purposes of the chapter the secretary is authorized and directed:
(1) To require such reports, make such inspections and investigations, and prescribe such regulations as he or she deems necessary;
(2) To provide such methods of administration, appoint a head and other personnel of the section, and take such other action as may be necessary to comply with the requirements of the federal act and the regulations thereunder;
(3) To procure in his or her discretion the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee-for-service basis and do not involve the performance of administrative duties;
(4) To the extent that he or she considers desirable to effectuate the purposes of this chapter, to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions public or private;
(5) To accept on behalf of the state and to deposit with the state treasurer, any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this chapter, and to expend the same for such purpose; and
(6) To make an annual report to the governor on activities pursuant to this chapter, including recommendations for such additional legislation as the secretary considers appropriate to furnish adequate hospital and medical facilities to the people of this state.
[ 2012 c 117 § 375; 1979 c 141 § 98; 1977 c 75 § 83; 1959 c 252 § 4; 1949 c 197 § 4; Rem. Supp. 1949 § 6090-63.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.060 - Development of program for construction of facilities needed.

RCW 70.40.060
Development of program for construction of facilities needed.
The secretary is authorized and directed to make an inventory of existing hospitals and medical facilities, including public nonprofit and proprietary hospitals and medical facilities, to survey the need for construction of hospitals and medical facilities, and, on the basis of such inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital and medical facility services to all the people of the state.
[ 1979 c 141 § 99; 1959 c 252 § 6; 1949 c 197 § 6; Rem. Supp. 1949 § 6090-65.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.070 - Distribution of facilities.

RCW 70.40.070
Distribution of facilities.
The construction program shall provide, in accordance with regulations prescribed under the federal act, for adequate hospital and medical facilities for the people residing in this state and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facility service reasonably accessible to all persons in the state.
[ 1959 c 252 § 7; 1949 c 197 § 7; Rem. Supp. 1949 § 6090-66.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.080 - Federal funds—Application for—Deposit, use.

RCW 70.40.080
Federal funds—Application for—Deposit, use.
The secretary is authorized to make application to the surgeon general for federal funds to assist in carrying out the survey and planning activities herein provided. Such funds shall be deposited with the state treasurer and shall be available to the secretary for expenditure in carrying out the purposes of this part. Any such funds received and not expended for such purposes shall be repaid to the treasurer of the United States.
[ 1979 c 141 § 100; 1949 c 197 § 8; Rem. Supp. 1949 § 6090-67.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.090 - State plan—Publication—Hearing—Approval by surgeon general—Modifications.

RCW 70.40.090
State plan—Publication—Hearing—Approval by surgeon general—Modifications.
The secretary shall prepare and submit to the surgeon general a state plan which shall include the hospital and medical facility construction program developed under this chapter and which shall provide for the establishment, administration, and operation of hospital and medical facility construction activities in accordance with the requirements of the federal act and the regulations thereunder. The secretary shall, prior to the submission of such plan to the surgeon general, give adequate publicity to a general description of all the provisions proposed to be included therein, and hold a public hearing at which all persons or organizations with a legitimate interest in such plan may be given an opportunity to express their views. After approval of the plan by the surgeon general, the secretary shall publish a general description of the provisions thereof in at least one newspaper having general circulation in the state, and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations. The secretary shall from time to time review the hospital and medical facility construction program and submit to the surgeon general any modifications thereof which he or she may find necessary and may submit to the surgeon general such modifications of the state plan, not inconsistent with the requirements of the federal act, as he or she may deem advisable.
[ 2012 c 117 § 376; 1979 c 141 § 101; 1959 c 252 § 8; 1949 c 197 § 9; Rem. Supp. 1949 § 6090-68.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.100 - Plan shall provide for construction in order of relative needs.

RCW 70.40.100
Plan shall provide for construction in order of relative needs.
The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and for maintenance and operations make possible, in the order of such relative need.
[ 1949 c 197 § 11; Rem. Supp. 1949 § 6090-70.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.110 - Minimum standards for maintenance and operation.

RCW 70.40.110
Minimum standards for maintenance and operation.
The secretary shall by regulation prescribe minimum standards for the maintenance and operation of hospitals and medical facilities which receive federal aid for construction under the state plan.
[ 1979 c 141 § 102; 1959 c 252 § 9; 1949 c 197 § 10; Rem. Supp. 1949 § 6090-69.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.120 - Applications for construction projects—Diagnostic, treatment centers.

RCW 70.40.120
Applications for construction projects—Diagnostic, treatment centers.
Applications for hospital and medical facility construction projects for which federal funds are requested shall be submitted to the secretary and may be submitted by the state or any political subdivision thereof or by any public or nonprofit agency authorized to construct and operate a hospital or medical facility: PROVIDED, That except as may be permitted by federal law no application for a diagnostic or treatment center shall be approved unless the applicant is (1) a state, political subdivision, or public agency, or (2) a corporation or association which owns and operates a nonprofit hospital. Each application for a construction project shall conform to federal and state requirements.
[ 1979 c 141 § 103; 1959 c 252 § 10; 1949 c 197 § 12; Rem. Supp. 1949 § 6090-71.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.130 - Hearing—Approval.

RCW 70.40.130
Hearing—Approval.
The secretary shall afford to every applicant for a construction project an opportunity for a fair hearing. If the secretary, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of RCW 70.40.120 and is otherwise in conformity with the state plan, he or she shall approve such application and shall recommend and forward it to the surgeon general.
[ 2012 c 117 § 377; 1979 c 141 § 104; 1949 c 197 § 13; Rem. Supp. 1949 § 6090-72.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.140 - Inspection of project under construction—Certification as to federal funds due.

RCW 70.40.140
Inspection of project under construction—Certification as to federal funds due.
From time to time the secretary shall inspect each construction project approved by the surgeon general, and, if the inspection so warrants, the secretary shall certify to the surgeon general that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.
[ 1979 c 141 § 105; 1949 c 197 § 14; Rem. Supp. 1949 § 6090-73.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.40 - Hospital and Medical Facilities Survey and Construction Act. › 70.40.150 - Hospital and medical facility construction fund—Deposits, use.

RCW 70.40.150
Hospital and medical facility construction fund—Deposits, use.
The secretary is hereby authorized to receive federal funds in behalf of, and transmit them to, such applicants or to approve applicants for federal funds and authorize the payment of such funds directly to such applicants as may be allowed by federal law. To achieve that end there is hereby established, separate and apart from all public moneys and funds of this state, a trust fund to be known as the "hospital and medical facility construction fund", of which the state treasurer shall ex officio be custodian. Moneys received from the federal government for construction projects approved by the surgeon general shall be deposited to the credit of this fund, shall be used solely for payments due applicants for work performed, or purchases made, in carrying out approved projects. Vouchers covering all payments from the hospital and medical facility construction fund shall be prepared by the department of health and shall bear the signature of the secretary or his or her duly authorized agent for such purpose, and warrants therefor shall be signed by the state treasurer.
[ 1991 c 3 § 333; 1973 c 106 § 31; 1959 c 252 § 11; 1949 c 197 § 15; Rem. Supp. 1949 § 6090-74.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.41 - Hospital Licensing and Regulation. › 70.41.005 - Transfer of duties to the department of health.

RCW 70.41.005
Transfer of duties to the department of health.
The powers and duties of the department of social and health services under this chapter shall be performed by the department of health.
[ 1989 1st ex.s. c 9 § 249.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.41 - Hospital Licensing and Regulation. › 70.41.010 - Declaration of purpose.

RCW 70.41.010
Declaration of purpose.
The primary purpose of this chapter is to promote safe and adequate care of individuals in hospitals through the development, establishment and enforcement of minimum hospital standards for maintenance and operation. To accomplish these purposes, this chapter provides for:
(1) The licensing and inspection of hospitals;
(2) The establishment of a Washington state hospital advisory council;
(3) The establishment by the department of standards, rules and regulations for the construction, maintenance and operation of hospitals;
(4) The enforcement by the department of the standards, rules, and regulations established under this chapter.
[ 1985 c 213 § 15; 1979 c 141 § 106; 1955 c 267 § 1.]
NOTES:
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.41 - Hospital Licensing and Regulation. › 70.41.030 - Standards and rules.

RCW 70.41.030
Standards and rules.
The department shall establish and adopt such minimum standards and rules pertaining to the construction, maintenance, and operation of hospitals, and rescind, amend, or modify such rules from time to time, as are necessary in the public interest, and particularly for the establishment and maintenance of standards of hospitalization required for the safe and adequate care and treatment of patients. To the extent possible, the department shall endeavor to make such minimum standards and rules consistent in format and general content with the applicable hospital survey standards of the joint commission on the accreditation of health care organizations. The department shall adopt standards that are at least equal to recognized applicable national standards pertaining to medical gas piping systems.
[ 1995 c 282 § 1; 1989 c 175 § 127; 1985 c 213 § 17; 1971 ex.s. c 189 § 9; 1955 c 267 § 3.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.41 - Hospital Licensing and Regulation. › 70.41.040 - Enforcement of chapter—Personnel—Merit system.

RCW 70.41.040
Enforcement of chapter—Personnel—Merit system.
The enforcement of the provisions of this chapter and the standards, rules and regulations established under this chapter, shall be the responsibility of the department which shall cooperate with the joint commission on the accreditation of health care organizations. The department shall advise on the employment of personnel and the personnel shall be under the merit system or its successor.
[ 1995 c 282 § 3; 1985 c 213 § 18; 1955 c 267 § 4.]
NOTES:
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.