RCW 70.97.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) “Behavioral health disorder” means either a mental disorder, a substance use disorder, or co-occurring mental disorder and substance use disorder. (2) “Department” means the department of social and health services. (3) “Detention” or “detain” means the […]
RCW 70.97.020 Advance directives. A facility shall honor an advance directive that was validly executed pursuant to chapter 70.122 RCW and a mental health advance directive that was validly executed pursuant to chapter 71.32 RCW. [ 2005 c 504 § 404.] NOTES: Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes […]
RCW 70.97.030 Admission criteria. A person, eighteen years old or older, may be admitted to an enhanced services facility if he or she meets the criteria in subsections (1) through (4) of this section: (1) The person requires: (a) Daily care by or under the supervision of a mental health professional or nurse; and (b) […]
RCW 70.97.040 Rights of residents. Every person who is a resident of an enhanced services facility shall be entitled to all of the rights set forth in chapter 70.129 RCW. [ 2021 c 65 § 4. Prior: 2020 c 312 § 730; 2020 c 278 § 3; 2013 c 23 § 179; 2005 c 504 […]
RCW 70.97.050 Right to refuse antipsychotic medication. An individual served in a facility has a right to refuse antipsychotic medication. [ 2020 c 278 § 4; 2005 c 504 § 407.] NOTES: Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027. Alphabetization—Correction of references—2005 c 504: See note […]
RCW 70.97.060 Capacity—Supervision—Licensing—Application of state and local rules. (1)(a) The department shall not license an enhanced services facility that serves any residents under sixty-five years of age for a capacity to exceed sixteen residents. (b) The department may contract for services for the operation of enhanced services facilities only to the extent that funds are […]
RCW 70.97.070 Comprehensive assessments—Individualized behavior support plan. (1) The enhanced services facility shall complete a comprehensive assessment for each resident within fourteen days of admission, and the assessments shall be repeated upon a significant change in the resident’s condition or, at a minimum, every one hundred eighty days if there is no significant change in […]
RCW 70.97.080 Staffing levels—Staff credentials and training—Background checks. (1) An enhanced services facility must have sufficient numbers of staff with the appropriate credentials and training to provide residents with the following appropriate care and disorder support: (a) Behavioral health support; (b) Medication services; (c) Assistance with the activities of daily living; (d) Skilled nursing and […]
RCW 70.97.090 Facilities exempted. This chapter does not apply to the following residential facilities: (1) Nursing homes licensed under chapter 18.51 RCW; (2) Assisted living facilities licensed under chapter 18.20 RCW; (3) Adult family homes licensed under chapter 70.128 RCW; (4) Facilities approved and certified under chapter 71A.22 RCW; (5) Residential treatment facilities licensed under […]
RCW 70.97.100 Licensing requirements—Information available to public, residents, families. (1) The department shall establish licensing rules for enhanced services facilities to serve the populations defined in this chapter. (2) No person or public or private agency may operate or maintain an enhanced services facility without a license, which must be renewed annually. (3) A licensee […]
RCW 70.97.110 Enforcement authority—Penalties, sanctions. (1) In any case in which the department finds that a licensee of a facility, or any partner, officer, director, owner of five percent or more of the assets of the facility, or managing employee failed or refused to comply with the requirements of this chapter or the rules established […]
RCW 70.97.120 Enforcement orders—Hearings. (1) All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has been served upon the applicant or licensee unless a hearing is requested. (2) All orders of the department imposing stop placement, temporary management, emergency closure, […]
RCW 70.97.130 Unlicensed operation—Application of consumer protection act. Operation of a facility without a license in violation of this chapter and discrimination against medicaid recipients is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an enhanced services facility without a license in […]
RCW 70.97.140 Unlicensed operation—Criminal penalty. A person operating or maintaining a facility without a license under this chapter is guilty of a misdemeanor and each day of a continuing violation after conviction shall be considered a separate offense. [ 2005 c 504 § 416.] NOTES: Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c […]
RCW 70.97.150 Unlicensed operation—Injunction or other remedies. Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the state for an injunction, civil penalty, or other process against a person to restrain or prevent the operation or maintenance of a […]
RCW 70.97.160 Inspections. (1) The department shall make or cause to be made at least one inspection of each facility prior to licensure and an unannounced full inspection of facilities at least once every eighteen months. The statewide average interval between full facility inspections must be fifteen months. (2) Any duly authorized officer, employee, or […]
RCW 70.97.170 Persons eligible for admittance. The facility shall only admit individuals: (1) Who are over the age of eighteen; (2) Who meet the resident eligibility requirements described in RCW 70.97.030; and (3) Whose needs the facility can safely and appropriately meet through qualified and trained staff, services, equipment, security, and building design. [ 2005 […]
RCW 70.97.180 Services of qualified professional. If the facility does not employ a qualified professional able to furnish needed services, the facility must have a written contract with a qualified professional or agency outside the facility to furnish the needed services. [ 2005 c 504 § 420.] NOTES: Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of […]
RCW 70.97.190 Notice of change of ownership or management. At least sixty days before the effective date of any change of ownership, or change of management of a facility, the current operating entity must provide written notification about the proposed change separately and in writing, to the department, each resident of the facility, or the […]
RCW 70.97.195 Communication system—Telephones and other equipment. (1) Each enhanced services facility must be responsive to incoming communications and respond within a reasonable time to phone and electronic messages. (2) Each enhanced services facility must have a communication system, including a sufficient quantity of working telephones and other communication equipment to assure that residents have […]
