Chapter 71.12 RCW

PRIVATE ESTABLISHMENTS

Sections
Definitions.
License to be obtainedPenalty.
License applicationFees.
Examination of operation of establishment and premises before granting license.
Fire protectionDuties of chief of the Washington state patrol.
Expiration and renewal of license.
Examination of premises as to compliance with the chapter, rules, and licenseLicense changes.
Examination and visitation in general.
Scope of examination.
Conference with managementImprovement.
Recommendations to be kept on fileRecords of inmates.
Local authorities may also prescribe standards.
Voluntary patientsReceipt authorizedApplicationReport.
Communications by patientsRights.
Revocation of license for noncomplianceExemption as to Christian Science establishments.
Suspension of licenseNoncompliance with support orderReissuance.
Prosecuting attorney shall prosecute violations.
Licensing, operation, inspectionAdoption of rules.
Pediatric transitional care servicesRequirements.
Pediatric transitional care servicesRules not considered new service category.
Pediatric transitional care servicesRules, requirements.
Pediatric transitional care servicesDuties of the department of social and health services.
Pediatric transitional care servicesFacilities not subject to construction review.
ConstructionChapter applicable to state registered domestic partnerships2009 c 521.
NOTES:
Alcoholism, intoxication, and drug addiction treatment: Chapter 70.96A RCW.
Cost of services, disclosure: RCW 70.41.250.
Individuals with mental illness, commitment procedures, rights, etc.: Chapter 71.05 RCW.
MinorsMental health services, commitment: Chapter 71.34 RCW.
State hospitals for individuals with mental illness: Chapter 72.23 RCW.


71.12.455
Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Establishment" and "institution" mean:
(a) Every private or county or municipal hospital, including public hospital districts, sanitarium, home, or other place receiving or caring for any person with mental illness, mentally incompetent person, or chemically dependent person; and
(b) Beginning January 1, 2019, facilities providing pediatric transitional care services.
(3) "Pediatric transitional care services" means short-term, temporary, health and comfort services for drug exposed infants according to the requirements of this chapter and provided in an establishment licensed by the department of health.
(4) "Secretary" means the secretary of the department of health.
(5) "Trained caregiver" means a noncredentialed, unlicensed person trained by the establishment providing pediatric transitional care services to provide hands-on care to drug exposed infants. Caregivers may not provide medical care to infants and may only work under the supervision of an appropriate health care professional.
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
FindingsIntent2017 c 263: "The legislature finds that more than twelve thousand infants born in Washington each year have been prenatally exposed to opiates, methamphetamines, and other drugs. Prenatal drug exposure frequently results in infants suffering from neonatal abstinence syndrome and its accompanying withdrawal symptoms after birth. Withdrawal symptoms may include sleep problems, excessive crying, tremors, seizures, poor feeding, fever, generalized convulsions, vomiting, diarrhea, and hyperactive reflexes. Consequently, the legislature finds that drug exposed infants have unique medical needs and benefit from specialized health care that addresses their withdrawal symptoms. Specialized care for infants experiencing neonatal abstinence syndrome is based on the individual needs of the infant and includes: Administration of intravenous fluids and drugs such as morphine; personalized, hands-on therapeutic care such as gentle rocking, reduction in noise and lights, and swaddling; and frequent high-calorie feedings.
The legislature further finds that drug exposed infants often require hospitalization which burdens hospitals and hospital staff who either have to increase staffing levels or require current staff to take on additional duties to administer the specialized care needed by drug exposed infants.
The legislature further finds that drug exposed infants benefit from early and consistent family involvement in their care, and families thrive when they are provided the opportunity, skills, and training to help them participate in their child's care.
The legislature further finds that infants with neonatal abstinence syndrome often can be treated in a nonhospital clinic setting where they receive appropriate medical and nonmedical care for their symptoms. The legislature, therefore, intends to encourage alternatives to continued hospitalization for drug exposed infants, including the continuation and development of pediatric transitional care services that provide short-term medical care as well as training and assistance to caregivers in order to support the transition from hospital to home for drug exposed infants." [ 2017 c 263 § 1.]
PurposeIntentSeverability1977 ex.s. c 80: See notes following RCW 4.16.190.



71.12.460
License to be obtained—Penalty.

No person, association, county, municipality, public hospital district, or corporation, shall establish or keep, for compensation or hire, an establishment as defined in this chapter without first having obtained a license therefor from the department of health, complied with rules adopted under this chapter, and paid the license fee provided in this chapter. Any person who carries on, conducts, or attempts to carry on or conduct an establishment as defined in this chapter without first having obtained a license from the department of health, as in this chapter provided, is guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. The managing and executive officers of any corporation violating the provisions of this chapter shall be liable under the provisions of this chapter in the same manner and to the same effect as a private individual violating the same.
NOTES:
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.



71.12.470
License application—Fees.

Every application for a license shall be accompanied by a plan of the premises proposed to be occupied, describing the capacities of the buildings for the uses intended, the extent and location of grounds appurtenant thereto, and the number of patients proposed to be received therein, with such other information, and in such form, as the department of health requires. The application shall be accompanied by the proper license fee. The amount of the license fee shall be established by the department of health under RCW 43.70.110.
NOTES:
Savings1987 c 75: See RCW 43.20B.900.



71.12.480
Examination of operation of establishment and premises before granting license.

The department of health shall not grant any such license until it has made an examination of all phases of the operation of the establishment necessary to determine compliance with rules adopted under this chapter including the premises proposed to be licensed and is satisfied that the premises are substantially as described, and are otherwise fit and suitable for the purposes for which they are designed to be used, and that such license should be granted.
NOTES:
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.



71.12.485
Fire protection—Duties of chief of the Washington state patrol.

Standards for fire protection and the enforcement thereof, with respect to all establishments to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt such recognized standards as may be applicable to such establishments for the protection of life against the cause and spread of fire and fire hazards. The department of health, upon receipt of an application for a license, or renewal of a license, shall submit to the chief of the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the applicant's name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy shall make an inspection of the establishment to be licensed, and if it is found that the premises do not comply with the required safety standards and fire regulations as promulgated by the chief of the Washington state patrol, through the director of fire protection, he or she shall promptly make a written report to the establishment and the department of health as to the manner and time allowed in which the premises must qualify for a license and set forth the conditions to be remedied with respect to fire regulations. The department of health, applicant or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the director of fire protection or his or her deputy shall make a reinspection of such premises. Whenever the establishment to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department of health a written report approving same with respect to fire protection before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made inspections of such establishments at least annually. The department of health shall not license or continue the license of any establishment unless and until it shall be approved by the chief of the Washington state patrol, through the director of fire protection, as herein provided.
In cities which have in force a comprehensive building code, the provisions of which are determined by the chief of the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the chief of the Washington state patrol, through the director of fire protection, for such establishments, the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection with the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, and they shall jointly approve the premises before a full license can be issued.
NOTES:
Effective date1995 c 369: See note following RCW 43.43.930.
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Severability1986 c 266: See note following RCW 38.52.005.



71.12.490
Expiration and renewal of license.

All licenses issued under the provisions of this chapter shall expire on a date to be set by the department of health. No license issued pursuant to this chapter shall exceed thirty-six months in duration. Application for renewal of the license, accompanied by the necessary fee as established by the department of health under RCW 43.70.110, shall be filed with that department, not less than thirty days prior to its expiration and if application is not so filed, the license shall be automatically canceled.
NOTES:
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Savings1987 c 75: See RCW 43.20B.900.



71.12.500
Examination of premises as to compliance with the chapter, rules, and license—License changes.

The department of health may at any time examine and ascertain how far a licensed establishment is conducted in compliance with this chapter, the rules adopted under this chapter, and the requirements of the license therefor. If the interests of the patients of the establishment so demand, the department may, for just and reasonable cause, suspend, modify, or revoke any such license. RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
NOTES:
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Effective date1989 c 175: See note following RCW 34.05.010.



71.12.510
Examination and visitation in general.

The department of health may at any time cause any establishment as defined in this chapter to be visited and examined.
[ 2000 c 93 § 26; 1959 c 25 § 71.12.510. Prior: 1949 c 198 § 60; Rem. Supp. 1949 § 6953-59.]



71.12.520
Scope of examination.

Each such visit may include an inspection of every part of each establishment. The representatives of the department of health may make an examination of all records, methods of administration, the general and special dietary, the stores and methods of supply, and may cause an examination and diagnosis to be made of any person confined therein. The representatives of the department of health may examine to determine their fitness for their duties the officers, attendants, and other employees, and may talk with any of the patients apart from the officers and attendants.
NOTES:
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.



71.12.530
Conference with management—Improvement.

The representatives of the department of health may, from time to time, at times and places designated by the department, meet the managers or responsible authorities of such establishments in conference, and consider in detail all questions of management and improvement of the establishments, and may send to them, from time to time, written recommendations in regard thereto.
NOTES:
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.



71.12.540
Recommendations to be kept on file—Records of inmates.

The authorities of each establishment as defined in this chapter shall place on file in the office of the establishment the recommendations made by the department of health as a result of such visits, for the purpose of consultation by such authorities, and for reference by the department representatives upon their visits. Every such establishment shall keep records of every person admitted thereto as follows and shall furnish to the department, when required, the following data: Name, age, sex, marital status, date of admission, voluntary or other commitment, name of physician, physician assistant, or psychiatric advanced registered nurse practitioner, diagnosis, and date of discharge.
NOTES:
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.



71.12.550
Local authorities may also prescribe standards.

This chapter shall not prevent local authorities of any city, or city and county, within the reasonable exercise of the police power, from adopting rules and regulations, by ordinance or resolution, prescribing standards of sanitation, health and hygiene for establishments as defined in this chapter, which are not in conflict with the provisions of this chapter, and requiring a certificate by the local health officer, that the local health, sanitation and hygiene laws have been complied with before maintaining or conducting any such institution within such city or city and county.
[ 1959 c 25 § 71.12.550. Prior: 1949 c 198 § 64; Rem. Supp. 1949 § 6953-63.]



71.12.560
Voluntary patients—Receipt authorized—Application—Report.

The person in charge of any private institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged may receive therein as a voluntary patient any person suffering from mental illness or derangement who is a suitable person for care and treatment in the institution, hospital, or sanitarium, who voluntarily makes a written application to the person in charge for admission into the institution, hospital or sanitarium. At the expiration of fourteen continuous days of treatment of a patient voluntarily committed in a private institution, hospital, or sanitarium, if the period of voluntary commitment is to continue, the person in charge shall forward to the office of the department of social and health services a record of the voluntary patient showing the name, residence, date of birth, sex, place of birth, occupation, social security number, marital status, date of admission to the institution, hospital, or sanitarium, and such other information as may be required by rule of the department of social and health services.
NOTES:
FindingIntentSeverability1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.



71.12.570
Communications by patients—Rights.

No person in an establishment as defined in this chapter shall be restrained from sending written communications of the fact of his or her detention in such establishment to a friend, relative, or other person. The physician in charge of such person and the person in charge of such establishment shall send each such communication to the person to whom it is addressed. All persons in an establishment shall have no less than all rights secured to involuntarily detained persons by RCW 71.05.360 and 71.05.217 and to voluntarily admitted or committed persons pursuant to RCW 71.05.050 and 71.05.380.



71.12.590
Revocation of license for noncompliance—Exemption as to Christian Science establishments.

Failure to comply with any of the provisions of RCW 71.12.550 through 71.12.570 or the requirements of RCW 71.34.375 shall constitute grounds for revocation of license: PROVIDED, HOWEVER, That nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any establishment, as defined in this chapter conducted in accordance with the practice and principles of the body known as Church of Christ, Scientist.



71.12.595
Suspension of license—Noncompliance with support order—Reissuance.

The department of health shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of health's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short titlePart headings, captions, table of contents not lawExemptions and waivers from federal lawConflict with federal requirementsSeverability1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective datesIntent1997 c 58: See notes following RCW 74.20A.320.



71.12.640
Prosecuting attorney shall prosecute violations.

The prosecuting attorney of every county shall, upon application by the department of social and health services, the department of health, or its authorized representatives, institute and conduct the prosecution of any action brought for the violation within his or her county of any of the provisions of this chapter.
NOTES:
Effective dateSeverability1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.



71.12.670
Licensing, operation, inspection—Adoption of rules.

The department of health shall adopt rules for the licensing, operation, and inspections of establishments and institutions and the enforcement thereof.



71.12.680
Pediatric transitional care services—Requirements.

(1) An establishment providing pediatric transitional care services to drug exposed infants must demonstrate that it is capable of providing services for children who:
(a) Are no more than one year of age;
(b) Have been exposed to drugs before birth;
(c) Require twenty-four hour continuous residential care and skilled nursing services as a result of prenatal substance exposure; and
(d) Are referred to the establishment by the department of social and health services, regional hospitals, and private parties.
(2) After January 1, 2019, no person may operate or maintain an establishment that provides pediatric transitional care services without a license under this chapter.
NOTES:
FindingsIntent2017 c 263: See note following RCW 71.12.455.



71.12.682
Pediatric transitional care services—Rules not considered new service category.

For the purposes of this chapter, the rules for pediatric transitional care services are not considered as a new department of social and health services service category.
NOTES:
FindingsIntent2017 c 263: See note following RCW 71.12.455.



71.12.684
Pediatric transitional care services—Rules, requirements.

The secretary must, in consultation with the department of social and health services, adopt rules on pediatric transitional care services. The rules must:
(1) Establish requirements for medical examinations and consultations which must be delivered by an appropriate health care professional;
(2) Require twenty-four hour medical supervision for children receiving pediatric transitional services in accordance with the staffing ratios established under subsection (3) of this section;
(3) Include staffing ratios that consider the number of registered nurses or licensed practical nurses employed by the establishment and the number of trained caregivers on duty at the establishment. These staffing ratios may not require more than:
(a) One registered nurse to be on duty at all times;
(b) One registered nurse or licensed practical nurse to eight infants; and
(c) One trained caregiver to four infants;
(4) Require establishments that provide pediatric transitional care services to prepare weekly plans specific to each infant in their care and in accordance with the health care professional's standing orders. The health care professional may modify an infant's weekly plan without reexamining the infant if he or she determines the modification is in the best interest of the child. This modification may be communicated to the registered nurse on duty at the establishment who must then implement the modification. Weekly plans are to include short-term goals for each infant and outcomes must be included in reports required by the department;
(5) Ensure that neonatal abstinence syndrome scoring is conducted by an appropriate health care professional;
(6) Establish drug exposed infant developmental screening tests for establishments that provide pediatric transitional care services to administer according to a schedule established by the secretary;
(7) Require the establishment to collaborate with the department of social and health services to develop an individualized safety plan for each child and to meet other contractual requirements of the department of social and health services to identify strategies to meet supervision needs, medical concerns, and family support needs;
(8) Establish the maximum amount of days an infant may be placed at an establishment;
(9) Develop timelines for initial and ongoing parent-infant visits to nurture and help develop attachment and bonding between the child and parent, if such visits are possible. Timelines must be developed upon placement of the infant in the establishment providing pediatric transitional care services;
(10) Determine how transportation for the infant will be provided, if needed;
(11) Establish on-site training requirements for caregivers, volunteers, parents, foster parents, and relatives;
(12) Establish background check requirements for caregivers, volunteers, employees, and any other person with unsupervised access to the infants under the care of the establishment; and
(13) Establish other requirements necessary to support the infant and the infant's family.
NOTES:
FindingsIntent2017 c 263: See note following RCW 71.12.455.



71.12.686
Pediatric transitional care services—Duties of the department of social and health services.

After referral by the department of social and health services of an infant to an establishment approved to provide pediatric transitional care services, the department of social and health services:
(1) Retains primary responsibility for case management and must provide consultation to the establishment regarding all placements and permanency planning issues, including developing a parent-child visitation plan;
(2) Must work with the department and the establishment to identify and implement evidence-based practices that address current and best medical practices and parent participation; and
(3) Work with the establishment to ensure medicaid-eligible services are so billed.
NOTES:
FindingsIntent2017 c 263: See note following RCW 71.12.455.



71.12.688
Pediatric transitional care services—Facilities not subject to construction review.

Facilities that provide pediatric transitional care services that are in existence on July 23, 2017, are not subject to construction review by the department for initial licensure.
NOTES:
FindingsIntent2017 c 263: See note following RCW 71.12.455.



71.12.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
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