reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.124 - Abuse of Patients. › 70.124.060 - Liability of persons making reports.

RCW 70.124.060
Liability of persons making reports.
(1) A person other than a person alleged to have committed the abuse or neglect participating in good faith in the making of a report pursuant to this chapter, or testifying as to alleged patient abuse or neglect in a judicial proceeding, is, in so doing, immune from any liability, civil or criminal, arising out of such reporting or testifying under any law of this state or its political subdivisions, and if such person is an employee of a state hospital it is an unfair practice under chapter 49.60 RCW for the employer to discharge, expel, or otherwise discriminate against the employee for such reporting activity.
(2) Conduct conforming with the reporting requirements of this chapter is not a violation of the confidential communication privilege of RCW 5.60.060 (3) or (4) or 18.83.110. Nothing in this chapter supersedes or abridges remedies provided in chapter 4.92 RCW.
[ 1999 c 176 § 24; 1993 c 510 § 25; 1981 c 174 § 5; 1979 ex.s. c 228 § 6.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Severability—1993 c 510: See note following RCW 49.60.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.124 - Abuse of Patients. › 70.124.070 - Failure to report is gross misdemeanor.

RCW 70.124.070
Failure to report is gross misdemeanor.
A person who is required to make or to cause to be made a report pursuant to RCW 70.124.030 or 70.124.040 and who knowingly fails to make such report or fails to cause such report to be made is guilty of a gross misdemeanor.
[ 1997 c 392 § 521; 1979 ex.s. c 228 § 7.]
NOTES:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.124 - Abuse of Patients. › 70.124.080 - Department reports of abused or neglected patients.

RCW 70.124.080
Department reports of abused or neglected patients.
The department shall forward to the appropriate state licensing authority a copy of any report received pursuant to this chapter which alleges that a person who is professionally licensed by this state has abused or neglected a patient.
[ 1979 ex.s. c 228 § 8.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.124 - Abuse of Patients. › 70.124.090 - Publicizing objectives.

RCW 70.124.090
Publicizing objectives.
In the adoption of rules under the authority of this chapter, the department shall provide for the publication and dissemination to state hospitals and state hospital employees and the posting where appropriate by state hospitals of informational, educational, or training materials calculated to aid and assist in achieving the objectives of this chapter.
[ 1999 c 176 § 25; 1981 c 174 § 6; 1979 ex.s. c 228 § 9.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.125 - Victims of Sexual Assault Act. › 70.125.010 - Short title.

RCW 70.125.010
Short title.
This chapter may be known and cited as the Victims of Sexual Assault Act.
[ 1979 ex.s. c 219 § 1.]
NOTES:
Severability—1979 ex.s. c 219: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 219 § 22.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.125 - Victims of Sexual Assault Act. › 70.125.020 - Findings.

RCW 70.125.020
Findings.
The legislature hereby finds and declares that:
(1) Sexual assault is a serious crime in society, affecting a large number of children, women, and men each year;
(2) Efforts over many years to distribute information and collect data have demonstrated the incidence of sexual assault that continues to impact communities, families, and individuals;
(3) Over the past three decades, law enforcement, prosecutors, medical professionals, educators, mental health providers, public health professionals, and victim advocates have benefited from a commitment to training and learning regarding appropriate responses to and services for victims of sexual assault;
(4) This same effort has resulted in increased public awareness of sexual assault and its impact on communities, families, and individuals;
(5) Law enforcement, prosecutors, medical professionals, educators, mental health providers, public health professionals, and victim advocates should continue to work closely and collaboratively to improve responses to and services for victims of sexual assault;
(6) The physical, emotional, financial, and psychological needs of victims and their families are particularly well-served by timely and effective services provided in local communities; and
(7) Persons who are victims of sexual assault benefit directly from continued public awareness and education, prosecutions of offenders, a criminal justice system which treats them in a humane manner, and access to victim-centered, culturally relevant services.
[ 2012 c 29 § 9; 1979 ex.s. c 219 § 2.]
NOTES:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.125 - Victims of Sexual Assault Act. › 70.125.030 - Definitions.

RCW 70.125.030
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community sexual assault program" means a community-based social service agency that is qualified to provide and provides core services to victims of sexual assault.
(2) "Core services" means those services that are victim-centered community-based advocacy responses to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.
(3) "Department" means the department of commerce.
(4) "Law enforcement agencies" means police and sheriff's departments and tribal law enforcement departments or agencies of this state.
(5) "Personal representative" means a friend, relative, attorney, or employee or volunteer from a community sexual assault program or specialized treatment service provider.
(6) "Services for underserved populations" means culturally relevant victim-centered community-based advocacy responses to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.
(7) "Sexual assault" means one or more of the following:
(a) Rape or rape of a child;
(b) Assault with intent to commit rape or rape of a child;
(c) Incest or indecent liberties;
(d) Child molestation;
(e) Sexual misconduct with a minor;
(f) Custodial sexual misconduct;
(g) Crimes with a sexual motivation;
(h) Sexual exploitation or commercial sex abuse of a minor;
(i) Promoting prostitution; or
(j) An attempt to commit any of the aforementioned offenses.
(8) "Specialized services" means those services intended to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.
(9) "Victim" means any person who suffers physical, emotional, financial, and psychological impact as a proximate result of a sexual assault.
[ 2012 c 29 § 10. Prior: 2009 c 565 § 50; 2000 c 54 § 1; 1999 c 45 § 6; 1996 c 123 § 6; 1988 c 145 § 19; 1979 ex.s. c 219 § 3.]
NOTES:
Transfer of powers and duties—1996 c 123: "The powers and duties of the department of social and health services under this chapter shall be transferred to the *department of community, trade, and economic development on July 1, 1996. The department of social and health services shall transfer all unspent appropriated funds, records, and documents necessary to facilitate a successful transfer." [ 1996 c 123 § 9.]
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Effective date—1996 c 123: See note following RCW 43.280.010.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.125 - Victims of Sexual Assault Act. › 70.125.060 - Personal representative may accompany victim during treatment or proceedings.

RCW 70.125.060
Personal representative may accompany victim during treatment or proceedings.
If the victim of a sexual assault so desires, a personal representative of the victim's choice may accompany the victim to the hospital or other health care facility, and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.
[ 1979 ex.s. c 219 § 6.]
NOTES:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.125 - Victims of Sexual Assault Act. › 70.125.065 - Records of community sexual assault program and underserved populations provider not available as part of discovery—Exceptions.

RCW 70.125.065
Records of community sexual assault program and underserved populations provider not available as part of discovery—Exceptions.
Records maintained by a community sexual assault program and underserved populations provider shall not be made available to any defense attorney as part of discovery in a sexual assault case unless:
(1) A written pretrial motion is made by the defendant to the court stating that the defendant is requesting discovery of the community sexual assault program or underserved populations provider records;
(2) The written motion is accompanied by an affidavit or affidavits setting forth specifically the reasons why the defendant is requesting discovery of the community sexual assault program or underserved populations provider records;
(3) The court reviews the community sexual assault program or underserved populations provider records in camera to determine whether the community sexual assault program or underserved populations provider records are relevant and whether the probative value of the records is outweighed by the victim's privacy interest in the confidentiality of such records taking into account the further trauma that may be inflicted upon the victim by the disclosure of the records to the defendant; and
(4) The court enters an order stating whether the records or any part of the records are discoverable and setting forth the basis for the court's findings.
[ 2012 c 29 § 11; 1981 c 145 § 9.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.126 - Home Health Care and Hospice Care. › 70.126.001 - Legislative finding.

RCW 70.126.001
Legislative finding.
The legislature finds that the cost of medical care in general and hospital care in particular has risen dramatically in recent years, and that in 1981, such costs rose faster than in any year since World War II. The purpose of RCW 70.126.001 through * 70.126.050 is to support the provision of less expensive and more appropriate levels of care, home health care and hospice care, in order to avoid hospitalization or shorten hospital stays.
[ 1983 c 249 § 4.]
NOTES:
*Reviser's note: RCW 70.126.040 and 70.126.050 were repealed by 1988 c 245 § 34, effective July 1, 1989.
Effective date—Implementation—1983 c 249: "This act shall take effect on July 1, 1984. The department of social and health services shall immediately take such steps as are necessary to insure that this act is implemented on its effective date." [ 1983 c 249 § 11.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.126 - Home Health Care and Hospice Care. › 70.126.010 - Definitions.

RCW 70.126.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Hospice" means a private or public agency or organization that administers and provides hospice care and is licensed by the department of social and health services as a hospice care agency.
(2) "Hospice care" means care prescribed and supervised by the attending physician and provided by the hospice to the terminally ill in accordance with the standards of RCW 70.126.030.
(3) "Home health agency" means a private or public agency or organization that administers and provides home health care and is licensed by the department of social and health services as a home health care agency.
(4) "Home health care" means services, supplies, and medical equipment that meet the standards of RCW 70.126.020, prescribed and supervised by the attending physician, and provided through a home health agency and rendered to members in their residences when hospitalization would otherwise be required.
(5) "Home health aide" means a person employed by a home health agency or a hospice who is providing part-time or intermittent care under the supervision of a registered nurse, a physical therapist, occupational therapist, or speech therapist. Such care includes ambulation and exercise, assistance with self-administered medications, reporting changes in patients' conditions and needs, completing appropriate records, and personal care or household services that are needed to achieve the medically desired results.
(6) "Home health care plan of treatment" means a written plan of care established and periodically reviewed by a physician that describes medically necessary home health care to be provided to a patient for treatment of illness or injury.
(7) "Hospice plan of care" means a written plan of care established and periodically reviewed by a physician that describes hospice care to be provided to a terminally ill patient for palliation or medically necessary treatment of an illness or injury.
(8) "Physician" means a physician licensed under chapter 18.57 or 18.71 RCW.
[ 1988 c 245 § 29; 1984 c 22 § 4; 1983 c 249 § 5.]
NOTES:
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.126 - Home Health Care and Hospice Care. › 70.126.020 - Home health care—Services and supplies included, not included.

RCW 70.126.020
Home health care—Services and supplies included, not included.
(1) Home health care shall be provided by a home health agency and shall:
(a) Be delivered by a registered nurse, physical therapist, occupational therapist, speech therapist, or home health aide on a part-time or intermittent basis;
(b) Include, as applicable under the written plan, supplies and equipment such as:
(i) Drugs and medicines that are legally obtainable only upon a physician's written prescription, and insulin;
(ii) Rental of durable medical apparatus and medical equipment such as wheelchairs, hospital beds, respirators, splints, trusses, braces, or crutches needed for treatment;
(iii) Supplies normally used for hospital inpatients and dispensed by the home health agency such as oxygen, catheters, needles, syringes, dressings, materials used in aseptic techniques, irrigation solutions, and intravenous fluids.
(2) The following services may be included when medically necessary, ordered by the attending physician, and included in the approved plan of treatment:
(a) Licensed practical nurses;
(b) Respiratory therapists;
(c) Social workers holding a master's degree or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;
(d) Ambulance service that is certified by the physician as necessary in the approved plan of treatment because of the patient's physical condition or for unexpected emergency situations.
(3) Services not included in home health care include:
(a) Nonmedical, custodial, or housekeeping services except by home health aides as ordered in the approved plan of treatment;
(b) "Meals on Wheels" or similar food services;
(c) Nutritional guidance;
(d) Services performed by family members;
(e) Services not included in an approved plan of treatment;
(f) Supportive environmental materials such as handrails, ramps, telephones, air conditioners, and similar appliances and devices.
[ 2011 c 89 § 12; 1984 c 22 § 5; 1983 c 249 § 6.]
NOTES:
Effective date—2011 c 89: See note following RCW 18.320.005.
Findings—2011 c 89: See RCW 18.320.005.
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.126 - Home Health Care and Hospice Care. › 70.126.030 - Hospice care—Provider, plan, services included.

RCW 70.126.030
Hospice care—Provider, plan, services included.
(1) Hospice care shall be provided by a hospice and shall meet the standards of RCW 70.126.020(1) (a) and (b)(ii) and (iii).
(2) A written hospice care plan shall be approved by a physician and shall be reviewed at designated intervals.
(3) The following services for necessary medical or palliative care shall be included when ordered by the attending physician and included in the approved plan of treatment:
(a) Short-term care as an inpatient;
(b) Care of the terminally ill in an individual's home on an outpatient basis as included in the approved plan of treatment;
(c) Respite care that is continuous care in the most appropriate setting for a maximum of five days per three-month period of hospice care.
[ 1984 c 22 § 6; 1983 c 249 § 7.]
NOTES:
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.126 - Home Health Care and Hospice Care. › 70.126.060 - Application of chapter.

RCW 70.126.060
Application of chapter.
The provisions of this chapter apply only for the purposes of determining benefits to be included in the offering of optional coverage for home health and hospice care services, as provided in RCW 48.21.220, 48.21A.090, and 48.44.320 and do not apply for the purposes of licensure.
[ 1988 c 245 § 30.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.005 - Legislative intent.

RCW 70.127.005
Legislative intent.
The legislature finds that the availability of home health, hospice, and home care services has improved the quality of life for Washington's citizens. However, the delivery of these services bring risks because the in-home location of services makes their actual delivery virtually invisible. Also, the complexity of products, services, and delivery systems in today's health care delivery system challenges even informed and healthy individuals. The fact that these services are delivered to the state's most vulnerable population, the ill or disabled who are frequently also elderly, adds to these risks.
It is the intent of the legislature to protect the citizens of Washington state by licensing home health, hospice, and home care agencies. This legislation is not intended to unreasonably restrict entry into the in-home service marketplace. Standards established are intended to be the minimum necessary to ensure safe and competent care, and should be demonstrably related to patient safety and welfare.
[ 1988 c 245 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.020 - Licenses required after July 1, 1990—Penalties.

RCW 70.127.020
Licenses required after July 1, 1990—Penalties.
(1) After July 1, 1990, a license is required for a person to advertise, operate, manage, conduct, open, or maintain an in-home services agency.
(2) An in-home services agency license is required for a nursing home, hospital, or other person that functions as a home health, hospice, hospice care center, or home care agency.
(3) Any person violating this section is guilty of a misdemeanor. Each day of a continuing violation is a separate violation.
(4) If any corporation conducts any activity for which a license is required by this chapter without the required license, it may be punished by forfeiture of its corporate charter.
(5) All fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be deposited in the department's local fee account.
[ 2003 c 53 § 363; 2000 c 175 § 2; 1988 c 245 § 3.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2000 c 175: See note following RCW 70.127.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.030 - Use of certain terms limited to licensees.

RCW 70.127.030
Use of certain terms limited to licensees.
It is unlawful for any person to use the words:
(1) "Home health agency," "home health care services," "visiting nurse services," "home health," or "home health services" in its corporate or business name, or advertise using such words unless licensed to provide those services under this chapter;
(2) "Hospice agency," "hospice," "hospice services," "hospice care," or "hospice care center" in its corporate or business name, or advertise using such words unless licensed to provide those services under this chapter;
(3) "Home care agency," "home care services," or "home care" in its corporate or business name, or advertise using such words unless licensed to provide those services under this chapter; or
(4) "In-home services agency," "in-home services," or any similar term to indicate that a person is a home health, home care, hospice care center, or hospice agency in its corporate or business name, or advertise using such words unless licensed to provide those services under this chapter.
[ 2000 c 175 § 3; 1988 c 245 § 4.]
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 70.127 - In-Home Services Agencies. › 70.127.050 - Volunteer organizations—Use of phrase "volunteer hospice."

RCW 70.127.050
Volunteer organizations—Use of phrase "volunteer hospice."
(1) An entity that provides hospice care without receiving compensation for delivery of any of its services is exempt from licensure pursuant to RCW 70.127.020(1) if it notifies the department, on forms provided by the department, of its name, address, name of owner, and a statement affirming that it provides hospice care without receiving compensation for delivery of any of its services. This form must be filed with the department within sixty days after being informed in writing by the department of this requirement for obtaining exemption from licensure under this chapter.
(2) For the purposes of this section, it is not relevant if the entity compensates its staff. For the purposes of this section, the word "compensation" does not include donations.
(3) Notwithstanding the provisions of RCW 70.127.030(2), an entity that provides hospice care without receiving compensation for delivery of any of its services is allowed to use the phrase "volunteer hospice."
(4) Nothing in this chapter precludes an entity providing hospice care without receiving compensation for delivery of any of its services from obtaining a hospice license if it so chooses, but that entity would be exempt from the requirements set forth in RCW 70.127.080(1)(d).
[ 2000 c 175 § 5; 1993 c 42 § 3; 1988 c 245 § 6.]
NOTES:
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW 70.127.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.080 - Licenses—Application procedure and requirements.

RCW 70.127.080
Licenses—Application procedure and requirements.
(1) An applicant for an in-home services agency license shall:
(a) File a written application on a form provided by the department;
(b) Demonstrate ability to comply with this chapter and the rules adopted under this chapter;
(c) Cooperate with on-site survey conducted by the department except as provided in RCW 70.127.085;
(d) Provide evidence of and maintain professional liability, public liability, and property damage insurance in an amount established by the department, based on industry standards. This subsection shall not apply to hospice agency applicants that provide hospice care without receiving compensation for delivery of services;
(e) Provide documentation of an organizational structure, and the identity of the applicant, officers, administrator, directors of clinical services, partners, managing employees, or owners of ten percent or more of the applicant's assets;
(f) File with the department for approval a description of the service area in which the applicant will operate and a description of how the applicant intends to provide management and supervision of services throughout the service area. The department shall adopt rules necessary to establish criteria for approval that are related to appropriate management and supervision of services throughout the service area. In developing the rules, the department may not establish criteria that:
(i) Limit the number or type of agencies in any service area; or
(ii) Limit the number of persons any agency may serve within its service area unless the criteria are related to the need for trained and available staff to provide services within the service area;
(g) File with the department a list of the home health, hospice, and home care services provided directly and under contract;
(h) Pay to the department a license fee as provided in RCW 70.127.090;
(i) Comply with RCW 43.43.830 through 43.43.842 for criminal background checks; and
(j) Provide any other information that the department may reasonably require.
(2) A certificate of need under chapter 70.38 RCW is not required for licensure except for the operation of a hospice care center.
[ 2000 c 175 § 6; 1999 c 190 § 2; 1993 c 42 § 4; 1988 c 245 § 9.]
NOTES:
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW 70.127.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.090 - License or renewal—Fees—Sliding scale.

RCW 70.127.090
License or renewal—Fees—Sliding scale.
(1) Application and renewal fee: An application for a license or any renewal shall be accompanied by a fee as established by the department under RCW 43.70.250. The department shall adopt by rule licensure fees based on a sliding scale using such factors as the number of agency full-time equivalents, geographic area served, number of locations, or type and volume of services provided. For agencies receiving a licensure survey that requires more than two on-site surveys by the department per licensure period, an additional fee as determined by the department by rule shall be charged for each additional on-site survey. The department may set different licensure fees for each licensure category. Agencies receiving a license without necessity of an on-site survey by the department under this chapter shall pay the same licensure or transfer fee as other agencies in their licensure category.
(2) Change of ownership fee: The department shall charge a reasonable fee for processing changes in ownership. The fee for transfer of ownership may not exceed fifty percent of the base licensure fee.
(3) Late fee: The department may establish a late fee for failure to apply for licensure or renewal as required by this chapter.
[ 2000 c 175 § 8; 1999 c 190 § 3; 1993 c 42 § 5; 1988 c 245 § 10.]
NOTES:
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW 70.127.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.100 - Licenses—Issuance—Prerequisites—Transfer or assignment—Surveys.

RCW 70.127.100
Licenses—Issuance—Prerequisites—Transfer or assignment—Surveys.
Upon receipt of an application under RCW 70.127.080 for a license and the license fee, the department shall issue a license if the applicant meets the requirements established under this chapter. A license issued under this chapter shall not be transferred or assigned without thirty days prior notice to the department and the department's approval. A license, unless suspended or revoked, is effective for a period of two years, however an initial license is only effective for twelve months. The department shall conduct a survey within each licensure period and may conduct a licensure survey after ownership transfer.
[ 2000 c 175 § 9; 1993 c 42 § 6; 1988 c 245 § 11.]
NOTES:
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW 70.127.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.120 - Rules for recordkeeping, services, staff and volunteer policies, complaints.

RCW 70.127.120
Rules for recordkeeping, services, staff and volunteer policies, complaints.
The department shall adopt rules consistent with RCW 70.127.005 necessary to implement this chapter under chapter 34.05 RCW. In order to ensure safe and adequate care, the rules shall address at a minimum the following:
(1) Maintenance and preservation of all records relating directly to the care and treatment of individuals by licensees;
(2) Establishment and implementation of a procedure for the receipt, investigation, and disposition of complaints regarding services provided;
(3) Establishment and implementation of a plan for ongoing care of individuals and preservation of records if the licensee ceases operations;
(4) Supervision of services;
(5) Establishment and implementation of written policies regarding response to referrals and access to services;
(6) Establishment and implementation of written personnel policies, procedures and personnel records for paid staff that provide for prehire screening, minimum qualifications, regular performance evaluations, including observation in the home, participation in orientation and in-service training, and involvement in quality improvement activities. The department may not establish experience or other qualifications for agency personnel or contractors beyond that required by state law;
(7) Establishment and implementation of written policies and procedures for volunteers who have direct patient/client contact and that provide for background and health screening, orientation, and supervision;
(8) Establishment and implementation of written policies for obtaining regular reports on patient satisfaction;
(9) Establishment and implementation of a quality improvement process;
(10) Establishment and implementation of policies related to the delivery of care including:
(a) Plan of care for each individual served;
(b) Periodic review of the plan of care;
(c) Supervision of care and clinical consultation as necessary;
(d) Care consistent with the plan;
(e) Admission, transfer, and discharge from care; and
(f) For hospice services:
(i) Availability of twenty-four hour seven days a week hospice registered nurse consultation and in-home services as appropriate;
(ii) Interdisciplinary team communication as appropriate and necessary; and
(iii) The use and availability of volunteers to provide family support and respite care; and
(11) Establishment and implementation of policies related to agency implementation and oversight of nurse delegation as defined in RCW 18.79.260(3)(e).
[ 2003 c 140 § 9; 2000 c 175 § 10; 1993 c 42 § 8; 1988 c 245 § 13.]
NOTES:
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW 70.127.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.125 - Interpretive guidelines for services.

RCW 70.127.125
Interpretive guidelines for services.
The department is directed to continue to develop, with opportunity for comment from licensees, interpretive guidelines that are specific to each type of service and consistent with legislative intent.
[ 2000 c 175 § 11; 1993 c 42 § 7.]
NOTES:
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW 70.127.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.130 - Legend drugs and controlled substances—Rules.

RCW 70.127.130
Legend drugs and controlled substances—Rules.
Licensees shall conform to the standards of RCW 69.41.030 and 69.50.308. Rules adopted by the department concerning the use of legend drugs or controlled substances shall reference and be consistent with pharmacy quality assurance commission rules.
[ 2013 c 19 § 125; 1993 c 42 § 9; 1988 c 245 § 14.]
NOTES:
Severability—Effective dates—1993 c 42: See notes following RCW 70.127.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.127 - In-Home Services Agencies. › 70.127.140 - Bill of rights—Billing statements.

RCW 70.127.140
Bill of rights—Billing statements.
(1) An in-home services agency shall provide each individual or designated representative with a written bill of rights affirming each individual's right to:
(a) A listing of the in-home services offered by the in-home services agency and those being provided;
(b) The name of the individual supervising the care and the manner in which that individual may be contacted;
(c) A description of the process for submitting and addressing complaints;
(d) Submit complaints without retaliation and to have the complaint addressed by the agency;
(e) Be informed of the state complaint hotline number;
(f) A statement advising the individual or representative of the right to ongoing participation in the development of the plan of care;
(g) A statement providing that the individual or representative is entitled to information regarding access to the department's listing of providers and to select any licensee to provide care, subject to the individual's reimbursement mechanism or other relevant contractual obligations;
(h) Be treated with courtesy, respect, privacy, and freedom from abuse and discrimination;
(i) Refuse treatment or services;
(j) Have property treated with respect;
(k) Privacy of personal information and confidentiality of health care records;
(l) Be cared for by properly trained staff with coordination of services;
(m) A fully itemized billing statement upon request, including the date of each service and the charge. Licensees providing services through a managed care plan shall not be required to provide itemized billing statements; and
(n) Be informed about advanced directives and the agency's responsibility to implement them.
(2) An in-home services agency shall ensure rights under this section are implemented and updated as appropriate.
[ 2000 c 175 § 12; 1988 c 245 § 15.]
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 70.127 - In-Home Services Agencies. › 70.127.150 - Durable power of attorney—Prohibition for licensees, contractees, or employees.

RCW 70.127.150
Durable power of attorney—Prohibition for licensees, contractees, or employees.
No licensee, contractee, or employee may hold a durable power of attorney on behalf of any individual who is receiving care from the licensee.
[ 2000 c 175 § 13; 1988 c 245 § 16.]
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 70.127 - In-Home Services Agencies. › 70.127.180 - Surveys and in-home visits—Notice of violations—Enforcement action.

RCW 70.127.180
Surveys and in-home visits—Notice of violations—Enforcement action.
(1) The department may at any time conduct a survey of all records and operations of a licensee in order to determine compliance with this chapter. The department may conduct in-home visits to observe patient/client care and services. The right to conduct a survey shall extend to any premises and records of persons whom the department has reason to believe are providing home health, hospice, or home care services without a license.
(2) Following a survey, the department shall give written notice of any violation of this chapter or the rules adopted under this chapter. The notice shall describe the reasons for noncompliance.
(3) The licensee may be subject to formal enforcement action under RCW 70.127.170 if the department determines: (a) The licensee has previously been subject to a formal enforcement action for the same or similar type of violation of the same statute or rule, or has been given previous notice of the same or similar type of violation of the same statute or rule; (b) the licensee failed to achieve compliance with a statute, rule, or order by the date established in a previously issued notice or order; (c) the violation resulted in actual serious physical or emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals; or (d) the violation has a potential for serious physical or emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals.
[ 2000 c 175 § 15; 1988 c 245 § 19.]
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 70.127 - In-Home Services Agencies. › 70.127.190 - Disclosure of compliance information.

RCW 70.127.190
Disclosure of compliance information.
All information received by the department through filed reports, surveys, and in-home visits conducted under this chapter shall not be disclosed publicly in any manner that would identify individuals receiving care under this chapter.
[ 2000 c 175 § 16; 1988 c 245 § 20.]
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 70.127 - In-Home Services Agencies. › 70.127.200 - Unlicensed agencies—Department may seek injunctive or other relief—Injunctive relief does not prohibit criminal or civil penalties—Fines.

RCW 70.127.200
Unlicensed agencies—Department may seek injunctive or other relief—Injunctive relief does not prohibit criminal or civil penalties—Fines.
(1) Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law and 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 or other process against any person to restrain or prevent the advertising, operating, maintaining, managing, or opening of a home health, hospice, hospice care center, or home care agency without an in-home services agency license under this chapter.
(2) The injunction shall not relieve the person operating an in-home services agency without a license from criminal prosecution, or the imposition of a civil fine under RCW 70.127.213(2), but the remedy by injunction shall be in addition to any criminal liability or civil fine. A person that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, which shall be deposited in the department's local fee account. For the purpose of this section, the superior court issuing any injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. All fines, forfeitures, and penalties collected or assessed by a court because of a violation of RCW 70.127.020 shall be deposited in the department's local fee account.
[ 2000 c 175 § 17; 1988 c 245 § 21.]
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 70.127 - In-Home Services Agencies. › 70.127.213 - Unlicensed operation of an in-home services agency—Cease and desist orders—Adjudicative proceedings—Fines.

RCW 70.127.213
Unlicensed operation of an in-home services agency—Cease and desist orders—Adjudicative proceedings—Fines.
(1) The department may issue a notice of intention to issue a cease and desist order to any person whom the department has reason to believe is engaged in the unlicensed operation of an in-home services agency. The person to whom the notice of intent is issued may request an adjudicative proceeding to contest the charges. The request for hearing must be filed within twenty days after service of the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the department may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.
(2) If the department makes a final determination that a person has engaged or is engaging in unlicensed operation of an in-home services agency, the department may issue a cease and desist order. In addition, the department may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in unlicensed operation of an in-home services agency. The proceeds of such fines shall be deposited in the department's local fee account.
(3) If the department makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the department may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. The temporary cease and desist order shall remain in effect until further order of the department. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the department may enter a permanent cease and desist order, which may include a civil fine.
(4) Neither the issuance of a cease and desist order nor payment of a civil fine shall relieve the person so operating an in-home services agency without a license from criminal prosecution, but the remedy of a cease and desist order or civil fine shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed operation and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW.
[ 2000 c 175 § 19.]
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 70.127 - In-Home Services Agencies. › 70.127.216 - Unlicensed operation of an in-home services agency—Consumer protection act.

RCW 70.127.216
Unlicensed operation of an in-home services agency—Consumer protection act.
The legislature finds that the operation of an in-home services agency 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 in-home services agency 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.
[ 2000 c 175 § 20.]
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 70.127 - In-Home Services Agencies. › 70.127.280 - Hospice care centers—Applicants—Rules.

RCW 70.127.280
Hospice care centers—Applicants—Rules.
(1) Applicants desiring to operate a hospice care center are subject to the following:
(a) The application may only be made by a licensed hospice agency. The agency shall list which of the following service categories will be provided:
(i) General inpatient care;
(ii) Continuous home care;
(iii) Routine home care; or
(iv) Inpatient respite care;
(b) A certificate of need is required under chapter 70.38 RCW;
(c) A hospice agency may operate more than one hospice care center in its service area;
(d) For hospice agencies that operate a hospice care center, no more than forty-nine percent of patient care days, in the aggregate on a biennial basis, may be provided in the hospice care center;
(e) The maximum number of beds in a hospice care center is twenty;
(f) The maximum number of individuals per room is one, unless the individual requests a roommate;
(g) A hospice care center may either be owned or leased by a hospice agency. If the agency leases space, all delivery of interdisciplinary services, to include staffing and management, shall be done by the hospice agency; and
(h) A hospice care center may either be freestanding or a separate portion of another building.
(2) The department is authorized to develop rules to implement this section. The rules shall be specific to each hospice care center service category provided. The rules shall at least specifically address the following:
(a) Adequate space for family members to visit, meet, cook, share meals, and stay overnight with patients or clients;
(b) A separate external entrance, clearly identifiable to the public when part of an existing structure;
(c) Construction, maintenance, and operation of a hospice care center;
(d) Means to inform the public which hospice care center service categories are provided; and
(e) A registered nurse present twenty-four hours a day, seven days a week for hospice care centers delivering general inpatient services.
(3) Hospice agencies which as of January 1, 2000, operate the functional equivalent of a hospice care center through licensure as a hospital, under chapter 70.41 RCW, shall be exempt from the certificate of need requirement for hospice care centers if they apply for and receive a license as an in-home services agency to operate a hospice home care center by July 1, 2002.
[ 2000 c 175 § 21.]
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 70.127 - In-Home Services Agencies. › 70.127.290 - Access to care policies—Submission to department of health—Policies on display.

RCW 70.127.290
Access to care policies—Submission to department of health—Policies on display.
(1) Every agency or facility providing hospice services as defined in RCW 70.127.010 shall submit to the department of health its policies related to access to care regarding end-of-life care and this chapter. The information shall include: (a) A section for the public with specific information about which end-of-life services are and are not generally available at each agency or facility; and (b) the contact information for the agency or facility in case patients have specific questions about services available at the hospice.
(2) If an agency or facility providing hospice services as defined in RCW 70.127.010 makes changes to any of the policies listed under subsection (1) of this section, it shall submit a copy of the changed policy to the department of health within 30 days after the agency or facility approves the changes.
(3) A copy of the policies provided to the department of health under subsection (1) of this section must be posted to the website of each agency or facility providing hospice services as defined in RCW 70.127.010 in a location where the policies are readily accessible to the public without a required login or other restriction.
[ 2023 c 38 § 19.]