reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.007 - Rights are minimal—Other rights not diminished.

RCW 70.129.007
Rights are minimal—Other rights not diminished.
The rights set forth in this chapter are the minimal rights guaranteed to all residents of long-term care facilities, and are not intended to diminish rights set forth in other state or federal laws that may contain additional rights.
[ 1994 c 214 § 20.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.010 - Definitions.

RCW 70.129.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms.
(2) "Department" means the department of state government responsible for licensing the provider in question.
(3) "Facility" means a long-term care facility.
(4) "Long-term care facility" means a facility that is licensed or required to be licensed under chapter 18.20, 70.97, 72.36, or 70.128 RCW.
(5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body, is used for discipline or convenience, and not required to treat the resident's medical symptoms.
(6) "Reasonable accommodation" by a facility to the needs of a prospective or current resident has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.
(7) "Resident" means the individual receiving services in a long-term care facility, that resident's attorney-in-fact, guardian, or other representative acting within the scope of their authority.
(8) "Resident representative" means:
(a)(i) A court-appointed guardian or conservator of a resident, if any;
(ii) An individual otherwise authorized by state or federal law including, but not limited to, agents under power of attorney, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decision making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; or
(iii) If there is no individual who meets the criteria under (a)(i) or (ii) of this subsection, an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.
(b) The term "resident representative" does not include any individual described in (a) of this subsection who is affiliated with any long-term care facility or nursing home where the resident resides, or its licensee or management company, unless the affiliated individual is a family member of the resident.
[ 2021 c 159 § 21. Prior: 2020 c 278 § 13; 1997 c 392 § 203; 1994 c 214 § 2.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
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 70.129 - Long-Term Care Resident Rights. › 70.129.020 - Exercise of rights.

RCW 70.129.020
Exercise of rights.
The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident and assist the resident which include:
(1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States and the state of Washington.
(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.
(3) In the case of a resident adjudged incompetent by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed to act on the resident's behalf.
(4) In the case of a resident who has not been adjudged incompetent by a court of competent jurisdiction, a resident representative may exercise the resident's rights to the extent provided by law.
[ 2021 c 159 § 22; 1994 c 214 § 3.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.050 - Privacy and confidentiality of personal and medical records.

RCW 70.129.050
Privacy and confidentiality of personal and medical records.
The resident has the right to personal privacy and confidentiality of his or her personal and clinical records.
(1) Personal privacy includes accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and resident groups. This does not require the facility to provide a private room for each resident however, a resident cannot be prohibited by the facility from meeting with guests in his or her bedroom if no roommates object.
(2) The resident may approve or refuse the release of personal and clinical records to an individual outside the facility unless otherwise provided by law.
[ 1994 c 214 § 6.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.060 - Grievances.

RCW 70.129.060
Grievances.
A resident has the right to:
(1) Voice grievances. Such grievances include those with respect to treatment that has been furnished as well as that which has not been furnished; and
(2) Prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other residents.
[ 1994 c 214 § 7.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.070 - Examination of survey or inspection results—Contact with client advocates.

RCW 70.129.070
Examination of survey or inspection results—Contact with client advocates.
A resident has the right to:
(1) Examine the results of the most recent survey or inspection of the facility conducted by federal or state surveyors or inspectors and plans of correction in effect with respect to the facility. A notice that the results are available must be publicly posted with the facility's state license, and the results must be made available for examination by the facility in a place readily accessible to residents; and
(2) Receive information from agencies acting as client advocates, and be afforded the opportunity to contact these agencies.
[ 1994 c 214 § 8.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.080 - Mail and telephone—Privacy in communications.

RCW 70.129.080
Mail and telephone—Privacy in communications.
The resident has the right to privacy in communications, including the right to:
(1) Send and promptly receive mail that is unopened;
(2) Have access to stationery, postage, and writing implements at the resident's own expense; and
(3) Have reasonable access within a reasonable time to the use of a telephone and other communication equipment where calls can be made without being overheard.
[ 2021 c 159 § 25; 1994 c 214 § 9.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.090 - Advocacy, access, and visitation rights.

RCW 70.129.090
Advocacy, access, and visitation rights.
(1) The resident has the right and the facility must not interfere with access to any resident by the following:
(a) Any representative of the state;
(b) The resident's individual physician;
(c) The state long-term care ombuds as established under chapter 43.190 RCW;
(d) The agency responsible for the protection and advocacy system for individuals with developmental disabilities as established under part C of the developmental disabilities assistance and bill of rights act;
(e) The agency responsible for the protection and advocacy system for individuals with mental illness as established under the protection and advocacy for mentally ill individuals act;
(f) Subject to reasonable restrictions to protect the rights of others and to the resident's right to deny or withdraw consent at any time, resident representative, immediate family or other relatives of the resident, and others who are visiting with the consent of the resident;
(g) The agency responsible for the protection and advocacy system for individuals with disabilities as established under section 509 of the rehabilitation act of 1973, as amended, who are not served under the mandates of existing protection and advocacy systems created under federal law.
(2) The facility must provide reasonable access to a resident by the resident representative or an entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time.
(3) The facility must allow representatives of the state ombuds to examine a resident's clinical records with the permission of the resident or resident representative to the extent provided by law, and consistent with state and federal law.
[ 2021 c 159 § 26; 2013 c 23 § 185; 1994 c 214 § 10.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.100 - Personal property—Storage space.

RCW 70.129.100
Personal property—Storage space.
(1) The resident has the right to retain and use personal possessions, including some furnishings, and appropriate clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents.
(2) The facility shall, upon request, provide the resident with a lockable container or other lockable storage space for small items of personal property, unless the resident's individual room is lockable with a key issued to the resident.
[ 1994 c 214 § 11.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.105 - Waiver of liability and resident rights limited.

RCW 70.129.105
Waiver of liability and resident rights limited.
No long-term care facility or nursing facility licensed under chapter 18.51 RCW shall require or request residents to sign waivers of potential liability for losses of personal property or injury, or to sign waivers of residents' rights set forth in this chapter or in the applicable licensing or certification laws.
[ 1997 c 392 § 211; 1994 c 214 § 17.]
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 70.129 - Long-Term Care Resident Rights. › 70.129.120 - Restraints—Physical or chemical.

RCW 70.129.120
Restraints—Physical or chemical.
The resident has the right to be free from physical restraint or chemical restraint. This section does not require or prohibit facility staff from reviewing the judgment of the resident's physician in prescribing psychopharmacologic medications.
[ 1994 c 214 § 13.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.130 - Abuse, punishment, seclusion—Background checks.

RCW 70.129.130
Abuse, punishment, seclusion—Background checks.
The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.
(1) The facility must not use verbal, mental, sexual, or physical abuse, including corporal punishment or involuntary seclusion.
(2) Subject to available resources, the department of social and health services shall provide background checks required by RCW 43.43.842 for employees of facilities licensed under chapter 18.20 RCW without charge to the facility.
[ 1994 c 214 § 14.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.140 - Quality of life—Rights.

RCW 70.129.140
Quality of life—Rights.
(1) The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality.
(2) Within reasonable facility rules designed to protect the rights and quality of life of residents, the resident has the right to:
(a) Choose activities, schedules, and health care consistent with his or her interests, assessments, and plans of care;
(b) Interact with members of the community both inside and outside the facility;
(c) Make choices about aspects of his or her life in the facility that are significant to the resident;
(d) Wear his or her own clothing and determine his or her own dress, hair style, or other personal effects according to individual preference;
(e) Unless adjudged incompetent or otherwise found to be legally incapacitated, participate in planning care and treatment or changes in care and treatment;
(f) Unless adjudged incompetent or otherwise found to be legally incapacitated, to direct his or her own service plan and changes in the service plan, and to refuse any particular service so long as such refusal is documented in the record of the resident.
(3)(a) A resident has the right to organize and participate in resident groups in the facility.
(b) A resident's family has the right to meet in the facility with the families of other residents in the facility.
(c) The facility must provide a resident or family group, if one exists, with meeting space.
(d) Staff or visitors may attend meetings at the group's invitation.
(e) When a resident or family group exists, the facility must listen to the views and act upon the grievances and recommendations of residents and families concerning proposed policy and operational decisions affecting resident care and life in the facility.
(f) The resident has the right to refuse to perform services for the facility except as voluntarily agreed by the resident and the facility in the resident's service plan.
(4) A resident has the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility.
(5) A resident has the right to:
(a) Reside and receive services in the facility with reasonable accommodation of individual needs and preferences, except when the health or safety of the individual or other residents would be endangered; and
(b) Receive notice before the resident's room or roommate in the facility is changed.
(6) A resident has the right to share a double room with his or her spouse or domestic partner when residents who are married to each other or in a domestic partnership with each other live in the same facility and both spouses or both domestic partners consent to the arrangement.
[ 2008 c 6 § 304; 1994 c 214 § 15.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.160 - Ombuds implementation duties.

RCW 70.129.160
Ombuds implementation duties.
The long-term care ombuds shall monitor implementation of this chapter and determine the degree to which veterans' homes, nursing facilities, adult family homes, enhanced services facilities, and assisted living facilities ensure that residents are able to exercise their rights. The long-term care ombuds shall consult with the departments of health and social and health services, long-term care facility organizations, resident groups, senior citizen organizations, and organizations concerning individuals with disabilities.
[ 2020 c 278 § 14; 2013 c 23 § 187; 2012 c 10 § 58; 1998 c 245 § 113; 1994 c 214 § 18.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.170 - Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative.

RCW 70.129.170
Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative.
The legislature intends that long-term care facility or nursing home residents, their family members or guardians, the long-term care ombuds, protection and advocacy personnel identified in RCW 70.129.110(5) (e) and (f), and others who may seek to assist long-term care facility or nursing home residents, use the least formal means available to satisfactorily resolve disputes that may arise regarding the rights conferred by the provisions of this chapter and RCW 18.20.180, 18.51.009, 72.36.037, and 70.128.125. Wherever feasible, direct discussion with facility personnel or administrators should be employed. Failing that, and where feasible, recourse may be sought through state or federal long-term care or nursing home licensing or other regulatory authorities. However, the procedures suggested in this section are cumulative and shall not restrict an agency or person from seeking a remedy provided by law or from obtaining additional relief based on the same facts, including any remedy available to an individual at common law. Chapter 214, Laws of 1994 is not intended to, and shall not be construed to, create any right of action on the part of any individual beyond those in existence under any common law or statutory doctrine. Chapter 214, Laws of 1994 is not intended to, and shall not be construed to, operate in derogation of any right of action on the part of any individual in existence on June 9, 1994.
[ 2013 c 23 § 188; 1994 c 214 § 19.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.180 - Facility's policy on accepting medicaid as a payment source—Disclosure.

RCW 70.129.180
Facility's policy on accepting medicaid as a payment source—Disclosure.
(1) A long-term care facility must fully disclose to residents the facility's policy on accepting medicaid as a payment source. The policy shall clearly state the circumstances under which the facility provides care for medicaid eligible residents and for residents who may later become eligible for medicaid.
(2) The policy under this section must be provided to residents orally and in writing prior to admission, in a language that the resident or resident representative understands. The written policy must be in type font no smaller than fourteen point and written on a page that is separate from other documents. The policy must be signed and dated by the resident or resident representative to the extent provided by law, if the resident lacks capacity. The facility must retain a copy of the disclosure. Current residents must receive a copy of the policy consistent with this section by July 26, 2009.
[ 2021 c 159 § 29; 2009 c 489 § 1.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.185 - Training materials for leadership and staff—Local health jurisdictions.

RCW 70.129.185
Training materials for leadership and staff—Local health jurisdictions.
The department of social and health services and the department of health, in collaboration with the state office of the long-term care ombuds and representatives of long-term care facilities, shall develop training materials to educate the leadership and staff of local health jurisdictions on the state's long-term care system. The training materials must provide information to assist local health jurisdiction personnel when establishing and enforcing public health measures in long-term care facilities and nursing homes, including:
(1) All applicable state and federal resident rights, including the due process rights of residents; and
(2) The process for local health jurisdiction personnel to report abuse and neglect in facilities and nursing homes, including during periods when visitation may be limited.
[ 2021 c 159 § 19.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.129 - Long-Term Care Resident Rights. › 70.129.901 - Conflict with federal requirements—1994 c 214.

RCW 70.129.901
Conflict with federal requirements—1994 c 214.
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 1994 c 214 § 27.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.136 - Hazardous Materials Incidents. › 70.136.010 - Legislative intent.

RCW 70.136.010
Legislative intent.
It is the intent of the legislature to promote and encourage advance planning, cooperation, and mutual assistance between applicable political subdivisions of the state and persons with equipment, personnel, and expertise in the handling of hazardous materials incidents, by establishing limitations on liability for those persons responding in accordance with the provisions of RCW 70.136.020 through 70.136.070.
[ 1982 c 172 § 1.]
NOTES:
Reviser's note: Although 1982 c 172 directed that sections 1 through 7 of that enactment be added to chapter 4.24 RCW, codification of these sections as a new chapter in Title 70 RCW appears more appropriate.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.136 - Hazardous Materials Incidents. › 70.136.020 - Definitions.

RCW 70.136.020
Definitions.
The definitions set forth in this section apply throughout RCW 70.136.010 through 70.136.070.
(1) "Hazardous materials" means:
(a) Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, or other release, and will, consequently, require evacuation;
(b) Materials that, if spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene;
(c) Materials that, if involved in a fire will pose unusual risks to emergency response personnel;
(d) Materials requiring unusual storage or transportation conditions to assure safe containment; or
(e) Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment.
(2) "Applicable political subdivisions of the state" means cities, towns, counties, fire districts, and those port authorities with emergency response capabilities.
(3) "Person" means an individual, partnership, corporation, or association.
(4) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state.
(5) "Hazardous materials incident" means an incident creating a danger to persons, property, or the environment as a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof.
(6) "Governing body" means the elected legislative council, board, or commission or the chief executive of the applicable political subdivision of the state with public safety responsibility.
(7) "Incident command agency" means the predesignated or appointed agency charged with coordinating all activities and resources at the incident scene.
(8) "Representative" means an agent from the designated hazardous materials incident command agency with the authority to secure the services of persons with hazardous materials expertise or equipment.
(9) "Profit" means compensation for rendering care, assistance, or advice in excess of expenses actually incurred.
[ 1987 c 238 § 1; 1982 c 172 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.136 - Hazardous Materials Incidents. › 70.136.030 - Incident command agencies—Designation by political subdivisions.

RCW 70.136.030
Incident command agencies—Designation by political subdivisions.
The governing body of each applicable political subdivision of this state shall designate a hazardous materials incident command agency within its respective boundaries, and file this designation with the director of commerce. In designating an incident command agency, the political subdivision shall consider the training, manpower, expertise, and equipment of various available agencies as well as the Uniform Fire Code and other existing codes and regulations. Along state and interstate highway corridors, the Washington state patrol shall be the designated incident command agency unless by mutual agreement that role has been assumed by another designated incident command agency. If a political subdivision has not designated an incident command agency within six months after July 26, 1987, the Washington state patrol shall then assume the role of incident command agency by action of the chief until a designation has been made.
[ 2023 c 470 § 2115; 1995 c 399 § 197; 1987 c 238 § 2; 1986 c 266 § 50; 1985 c 7 § 132; 1984 c 165 § 1; 1982 c 172 § 4.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Severability—1986 c 266: See note following RCW 38.52.005.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.136 - Hazardous Materials Incidents. › 70.136.035 - Incident command agencies—Assistance from state patrol.

RCW 70.136.035
Incident command agencies—Assistance from state patrol.
In political subdivisions where an incident command agency has been designated, the Washington state patrol shall continue to respond with a supervisor to provide assistance to the incident command agency.
[ 1987 c 238 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.136 - Hazardous Materials Incidents. › 70.136.040 - Incident command agencies—Emergency assistance agreements.

RCW 70.136.040
Incident command agencies—Emergency assistance agreements.
Hazardous materials incident command agencies, so designated by all applicable political subdivisions of the state, are authorized and encouraged, prior to a hazardous materials incident, to enter individually or jointly into written hazardous materials emergency assistance agreements with any person whose knowledge or expertise is deemed potentially useful.
[ 1982 c 172 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.136 - Hazardous Materials Incidents. › 70.136.050 - Persons and agencies rendering emergency aid in hazardous materials incidents—Immunity from liability—Limitations.

RCW 70.136.050
Persons and agencies rendering emergency aid in hazardous materials incidents—Immunity from liability—Limitations.
An incident command agency in the good faith performance of its duties, is not liable for civil damages resulting from any act or omission in the performance of its duties, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.
Any person or public agency whose assistance has been requested by an incident command agency, who has entered into a written hazardous materials assistance agreement before or at the scene of the incident pursuant to RCW 70.136.060 and 70.136.070, and who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident, is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.
[ 1987 c 238 § 4; 1984 c 165 § 2; 1982 c 172 § 5.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.136 - Hazardous Materials Incidents. › 70.136.060 - Written emergency assistance agreements—Terms and conditions—Records.

RCW 70.136.060
Written emergency assistance agreements—Terms and conditions—Records.
Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions:
(1) The person or public agency requested to assist shall not be obligated to assist;
(2) The person or public agency requested to assist may act only under the direction of the incident command agency or its representative;
(3) The person or public agency requested to assist may withdraw its assistance if it deems the actions or directions of the incident command agency to be contrary to accepted hazardous materials response practices;
(4) The person or public agency requested to assist shall not profit from rendering the assistance;
(5) Any person responsible for causing the hazardous materials incident shall not be covered by the liability standard defined in RCW 70.136.050.
It is the responsibility of both parties to ensure that mutually agreeable procedures are established for identifying the incident command agency when assistance is requested, for recording the name of the person or public agency whose assistance is requested, and the time and date of the request, which records shall be retained for three years by the incident command agency. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section.
[ 1987 c 238 § 5; 1982 c 172 § 6.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.136 - Hazardous Materials Incidents. › 70.136.070 - Verbal emergency assistance agreements—Good Samaritan law—Notification—Form.

RCW 70.136.070
Verbal emergency assistance agreements—Good Samaritan law—Notification—Form.
(1) Verbal hazardous materials emergency assistance agreements may be entered into at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident command agency or its representative to the person or public agency whose assistance is requested. The incident command agency and the person or public agency whose assistance is requested shall both sign the notification which appears in subsection (2) of this section, indicating the date and time of signature. If a requesting incident command agency deliberately misrepresents individual or agency status, that agency shall assume full liability for any damages resulting from the actions of the person or public agency whose assistance is requested, other than those damages resulting from gross negligence or wilful or wanton misconduct.
(2) The notification required by subsection (1) of this section shall be in substantially the following form:
NOTIFICATION OF "GOOD SAMARITAN" LAW
You have been requested to provide emergency assistance by a representative of a hazardous materials incident command agency. To encourage your assistance, the Washington state legislature has passed "Good Samaritan" legislation (RCW 70.136.050) to protect you from potential liability. The law reads, in part:
"Any person or public agency whose assistance has been requested by an incident command agency, who has entered into a written hazardous materials assistance agreement . . . at the scene of the incident pursuant to . . . RCW 70.136.070, and who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident, is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct."
The law requires that you be advised of certain conditions to ensure your protection:
1.
You are not obligated to assist and you may withdraw your assistance at any time.
2.
You cannot profit from assisting.
3.
You must agree to act under the direction of the incident command agency.
4.
You are not covered by this law if you caused the initial accident.
I have read and understand the above.
(Name) . . . .
Date  . . . . . . Time . . . .
I am a representative of a designated hazardous materials incident command agency and I am authorized to make this request for assistance.
(Name) . . . .
(Agency) . . . .
Date  . . . . . . Time . . . .
[ 1987 c 238 § 6; 1982 c 172 § 7.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.155 - Tobacco—Access to Minors. › 70.155.010 - Definitions.

RCW 70.155.010
Definitions.
The definitions set forth in RCW 82.24.010 apply to this chapter. In addition, for the purposes of this chapter, unless otherwise required by the context:
(1) "Board" means the Washington state liquor and cannabis board.
(2) "Internet" means any computer network, telephonic network, or other electronic network.
(3) "Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes.
(4) "Sampling" means the distribution of samples to members of the public.
(5) "Tobacco product" means a product that contains tobacco and is intended for human use, including any product defined in RCW 82.24.010(2) or 82.26.010(21), except that for the purposes of RCW 70.155.140 only, "tobacco product" does not include cigars defined in RCW 82.26.010 as to which one thousand units weigh more than three pounds.
(6) "Vapor product" has the same meaning as defined in RCW 70.345.010.
[ 2019 c 15 § 3; 2009 c 278 § 1; 2006 c 14 § 2; 2003 c 113 § 1; 1993 c 507 § 2.]
NOTES:
Effective date—2019 c 15: See note following RCW 26.28.080.
Finding—Intent—2006 c 14: See note following RCW 70.155.050.
Raising the minimum legal age of sale in certain compacts, consultations with federally recognized Indian tribes: RCW 43.06.468.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.155 - Tobacco—Access to Minors. › 70.155.020 - Cigarette wholesaler or retailer licensee duties—Prohibition sign to be posted.

RCW 70.155.020
Cigarette wholesaler or retailer licensee duties—Prohibition sign to be posted.
A person who holds a license issued under RCW 82.24.520 or 82.24.530 shall:
(1) Display the license or a copy in a prominent location at the outlet for which the license is issued; and
(2) Display a sign concerning the prohibition of tobacco sales to persons under the age of twenty-one.
Such sign shall:
(a) Be posted so that it is clearly visible to anyone purchasing tobacco products from the licensee;
(b) Be designed and produced by the department of health to read: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 21 IS STRICTLY PROHIBITED BY STATE LAW. PHOTO ID REQUIRED UPON REQUEST"; and
(c) Be provided free of charge by the liquor and cannabis board.
[ 2019 c 15 § 5; 1993 c 507 § 3.]
NOTES:
Effective date—2019 c 15: See note following RCW 26.28.080.
Raising the minimum legal age of sale in certain compacts, consultations with federally recognized Indian tribes: RCW 43.06.468.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.155 - Tobacco—Access to Minors. › 70.155.030 - Cigarette machine location.

RCW 70.155.030
Cigarette machine location.
(1) No person shall sell or permit to be sold any tobacco product through any device that mechanically dispenses tobacco products unless the device is located fully within premises from which persons under the age of twenty-one are prohibited or in industrial worksites where persons under the age of twenty-one are not employed and not less than ten feet from all entrance or exit ways to and from each premise.
(2) The board shall adopt rules that allow an exception to the requirement that a device be located not less than ten feet from all entrance or exit ways to and from a premise if it is architecturally impractical for the device to be located not less than ten feet from all entrance and exit ways.
[ 2019 c 15 § 8; 1994 c 202 § 1; 1993 c 507 § 4.]
NOTES:
Effective date—2019 c 15: See note following RCW 26.28.080.
Raising the minimum legal age of sale in certain compacts, consultations with federally recognized Indian tribes: RCW 43.06.468.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.155 - Tobacco—Access to Minors. › 70.155.040 - Cigarettes must be sold in original package—Exception.

RCW 70.155.040
Cigarettes must be sold in original package—Exception.
No person shall sell or permit to be sold cigarettes not in the original unopened package or container to which the stamps required by RCW 82.24.060 have been affixed.
This section does not apply to the sale of loose leaf tobacco by a retail business that generates a minimum of sixty percent of annual gross sales from the sale of tobacco products.
[ 1993 c 507 § 5.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.155 - Tobacco—Access to Minors. › 70.155.050 - Sampling prohibited—Penalty.

RCW 70.155.050
Sampling prohibited—Penalty.
(1) No person may engage in the business of sampling tobacco products.
(2) A violation of this section is a misdemeanor.
[ 2006 c 14 § 3; 1993 c 507 § 6.]
NOTES:
Reviser's note: In an order on motion for reconsideration and request for stay pending appeal dated September 25, 2006, the United States District Court for the Western District ruled that chapter 14, Laws of 2006 is preempted by the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. Sec. 1334(b) only in application of the law to cigarette sampling. (Case No. C06-5223, W.D. Wash. 2006.)
Finding—Intent—2006 c 14: "The legislature recognizes that tobacco use among children is a serious and preventable health problem. Every day sixty-five more children in Washington state become smokers, and every year more than eight thousand two hundred state residents die from tobacco-related illnesses. The legislature further finds that tobacco samples contribute to children's access to tobacco products by providing a no-cost initiation that encourages minors to experiment with nicotine at early ages. Sampling activity often occurs in venues frequented by minors, and tobacco samples are distributed along with other promotional items that contain tobacco brand logos, thus increasing the appeal of the tobacco products as well as the chances that children will obtain them. Sampling events in this state have increased twenty-fold over the past nine years, and nationwide, tobacco industry spending on samples has increased significantly. It is therefore the intent of the legislature to protect minors from the influence of tobacco sampling by eliminating the distribution of samples in this state." [ 2006 c 14 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.155 - Tobacco—Access to Minors. › 70.155.070 - Coupons.

RCW 70.155.070
Coupons.
No person shall give or distribute cigarettes or other tobacco products to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store.
[ 1993 c 507 § 8.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.155 - Tobacco—Access to Minors. › 70.155.090 - Age identification requirement.

RCW 70.155.090
Age identification requirement.
(1) Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer or agent thereof , shall require the purchaser to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: (a) Liquor control authority card of identification of a state or province of Canada; (b) driver's license, instruction permit, or identification card of a state or province of Canada; (c) "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; (d) United States military identification; (e) passport; (f) enrollment card, issued by the governing authority of a federally recognized Indian tribe located in Washington, that incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses. At least ninety days prior to implementation of an enrollment card under this subsection, the appropriate tribal authority shall give notice to the board. The board shall publish and communicate to licensees regarding the implementation of each new enrollment card; or (g) merchant marine identification card issued by the United States coast guard.
(2) It is a defense to a prosecution under RCW 26.28.080 that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The *liquor control board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.
[ 2006 c 14 § 4; 2005 c 206 § 2; 1993 c 507 § 10.]
NOTES:
Reviser's note: *(1) The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 § 3.
(2) In an order on motion for reconsideration and request for stay pending appeal dated September 25, 2006, the United States District Court for the Western District ruled that chapter 14, Laws of 2006 is preempted by the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. Sec. 1334(b) only in application of the law to cigarette sampling. (Case No. C06-5223, W.D. Wash. 2006.)
Finding—Intent—2006 c 14: See note following RCW 70.155.050.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.155 - Tobacco—Access to Minors. › 70.155.120 - Youth tobacco and vapor products prevention account—Source and use of funds.

RCW 70.155.120
Youth tobacco and vapor products prevention account—Source and use of funds.
(1) The youth tobacco and vapor products prevention account is created in the state treasury. All fees collected pursuant to RCW 70.155.100(3)(b), 82.24.520, 82.24.530, 82.26.160, and 82.26.170 and funds collected by the board from the imposition of monetary penalties shall be deposited into this account, except that 10 percent of all such fees and penalties shall be deposited in the state general fund.
(2) Moneys appropriated from the youth tobacco and vapor products prevention account to the department of health shall be used by the department of health for implementation of this chapter, including collection and reporting of data regarding enforcement and the extent to which access to tobacco products and vapor products by youth has been reduced.
(3) The department of health shall enter into interagency agreements with the board to pay the costs incurred, up to 30 percent of available funds, in carrying out its enforcement responsibilities under this chapter. Such agreements shall set forth standards of enforcement, consistent with the funding available, so as to reduce the extent to which tobacco products and vapor products are available to individuals under the age of 21. The agreements shall also set forth requirements for data reporting by the board regarding its enforcement activities. During the 2019-2021 fiscal biennium, the department of health shall pay the costs incurred, up to 23 percent of available funds, in carrying out its enforcement responsibilities.
(4) The department of health, the board, and the department of revenue shall enter into an interagency agreement for payment of the cost of administering the tobacco retailer licensing system and for the provision of quarterly documentation of tobacco wholesaler, retailer, and vending machine names and locations.
(5) The department of health shall, within up to 70 percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco and vapor product intervention strategies to prevent and reduce tobacco and vapor product use by youth. During the 2019-2021 fiscal biennium, the department of health shall, within up to 77 percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco and vapor product intervention strategies to prevent and reduce tobacco and vapor product use by youth.
[ 2023 c 398 § 6. Prior: 2019 c 415 § 979; 2019 c 15 § 10; 2016 sp.s. c 38 § 2; 1993 c 507 § 13.]
NOTES:
Findings—Enforcement—2023 c 398: See notes following RCW 70.155.080.
Effective date—2019 c 415: See note following RCW 28B.20.476.
Effective date—2019 c 15: See note following RCW 26.28.080.
Raising the minimum legal age of sale in certain compacts, consultations with federally recognized Indian tribes: RCW 43.06.468.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.155 - Tobacco—Access to Minors. › 70.155.130 - Preemption of political subdivisions.

RCW 70.155.130
Preemption of political subdivisions.
This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances. No political subdivision may: (1) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or (2) regulate or prohibit activities covered by RCW 70.155.020 through 70.155.080. This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with chapter 507, Laws of 1993.
[ 1993 c 507 § 14.]