Title of Rule: WAC 246-320-010 Hospital licensing definitions and 246-320-370 Emergency contraception.

     Purpose: Amends chapter 246-320 WAC to include a new section to address SSB 6537, Emergency care for sexual assault victims, which passed in the 2002 legislative session.

     Other Identifying Information: Chapter 116, Laws of 2002.

     Statutory Authority for Adoption: RCW 70.41.350 and 70.41.030.

     Statute Being Implemented: RCW 70.41.350 and 70.41.360.

     Summary: The Department of Health is required to develop rules requiring hospitals that provide emergency care to victims of sexual assault to provide the victim with written and oral information about emergency contraception, inform victims of the option to be provided emergency contraception, and to provide emergency contraception immediately if requested by the victim.

     Reasons Supporting Proposal: The proposed rules implement statutory requirements.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Byron Plan, 310 Israel Road S.E., Olympia, WA 98501, (360) 236-2916.

     Name of Proponent: Department of Health, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 116, Laws of 2002 requires every hospital providing emergency care to a victim of sexual assault to provide the victim with medically and factually accurate, unbiased written and oral information about emergency contraception; to orally inform each victim of sexual assault of her option to be provided emergency contraception; and, if not medically contraindicated, to provide emergency contraception immediately at the hospital to each victim of sexual assault who requests it. Rules will help ensure that emergency rooms are aware of the requirements and that information and emergency care is provided consistently among facilities.

     Proposal Changes the Following Existing Rules: WAC 246-320-010 is amended to include definitions consistent with the law, including sexual assault, victim of sexual assault, emergency care to victims of sexual assault, emergency contraception, and secretary.

November 5, 2003

M. C. Selecky

Secretary

OTS-6340.1

AMENDATORY SECTION(Amending WSR 99-04-052, filed 1/28/99, effective 3/10/99)

WAC 246-320-010   Definitions.   For the purposes of this chapter and chapter 70.41 RCW, the following words and phrases will have the following meanings unless the context clearly indicates otherwise:

     (1) "Abuse" means injury or sexual abuse of a patient under circumstances indicating the health, welfare, and safety of the patient is harmed. Person "legally responsible" will include a parent, guardian, or an individual to whom parental or guardian responsibility is delegated (e.g., teachers, providers of residential care and treatment, and providers of day care):

     (a) "Physical abuse" means damaging or potentially damaging nonaccidental acts or incidents which may result in bodily injury or death.

     (b) "Emotional abuse" means verbal behavior, harassment, or other actions which may result in emotional or behavioral problems, physical manifestations, disordered or delayed development.

     (2) "Accredited" means approved by the joint commission on accreditation of healthcare organizations (JCAHO).

     (3) "Administrative business day" means Monday, Tuesday, Wednesday, Thursday, or Friday, 8:00 a.m. to 5:00 p.m., exclusive of recognized state of Washington holidays.

     (4) "Agent," when used in a reference to a medical order or a procedure for a treatment, means any power, principle, or substance, whether physical, chemical, or biological, capable of producing an effect upon the human body.

     (5) "Airborne precaution room" means a room that is designed and equipped to care for patients known or suspected to be infected with microorganisms transmitted by airborne droplet nuclei (small-particle residue [five microns or smaller in size] of evaporated droplets containing microorganisms that remain suspended in the air and can be widely dispersed by air currents within a room or over a long distance).

     (6) "Alcoholism" means an illness characterized by lack of control as to the consumption of alcoholic beverages, or the consumption of alcoholic beverages to the extent an individual's health is substantially impaired or endangered, or his or her social or economic function is substantially disrupted.

     (7) "Alteration":

     (a) "Alteration" means any change, addition, remodel or modification in construction, or occupancy to an existing hospital or a portion of an existing hospital.

     (b) "Major alteration" means any physical change within an existing hospital that changes the occupancy (as defined in state building code) and scope of service within a room or area, results in reconstruction to major portions of a floor or department, or requires revisions to building systems or services.

     (c) "Minor alteration" means any physical change to an existing hospital which does not affect the structural integrity of the hospital building, which does not affect fire and life safety, and which does not add beds or facilities over those for which the hospital is licensed.

     (8) "Ambulatory" means an individual physically and mentally capable of walking or traversing a normal path to safety, including the ascent and descent of stairs, without the physical assistance of another person.

     (9) "Area" means a portion of a room or building that is separated from other functions in the room or portions of the building by a physical barrier or adequate space.

     (10) "Assessment" means the: (a) Systematic collection and review of patient-specific data; (b) process established by a hospital for obtaining appropriate and necessary information about each individual seeking entry into a health care setting or service; and (c) information to match an individual's need with the appropriate setting and intervention.

     (11) "Authentication" means the process used to verify that an entry is complete, accurate, and final.

     (12) "Bathing facility" means a bathtub or shower, but does not include sitz bath or other fixtures designated primarily for therapy.

     (13) "Birthing room" or "labor-delivery-recovery (LDR) room" or "labor-delivery-recovery-postpartum (LDRP) room" means a room designed and equipped for the care of a woman, fetus, and newborn, and to accommodate her support people during the complete process of vaginal childbirth.

     (14) "Child" means an individual under the age of eighteen years.

     (15) "Clean" when used in reference to a room, area, or facility means space or spaces and/or equipment for storage and handling of supplies and/or equipment which are in a sanitary or sterile condition.

     (16) "Communication system" means telephone, intercom, nurse call or wireless devices used by patients and staff to communicate.

     (17) "Critical care unit or service" means the specialized medical and nursing care provided to patients facing an immediate life-threatening illness or injury. The care is provided by multidisciplinary teams of highly experienced and skilled physicians, nurses, pharmacists or other allied health professionals who have the ability to interpret complex therapeutic and diagnostic information and access to highly sophisticated equipment.

     (18) "Department" means the Washington state department of health.

     (19) "Detoxification" means the process of ridding the body of the transitory effects of intoxication and any associated physiological withdrawal reaction.

     (20) "Dialysis facility" means a separate physical and functional nursing unit of the hospital serving patients receiving renal dialysis.

     (21) "Dialysis station" means an area designed, equipped, and staffed to provide dialysis services for one patient.

     (22) "Dietitian" means an individual meeting the eligibility requirements for active membership in the American Dietetic Association described in Directory of Dietetic Programs Accredited and Approved, American Dietetic Association, edition 100, 1980.

     (23) "Direct access" means access to one room from another room or area without going through an intervening room or into a corridor.

     (24) "Double-checking" means verification of patient identity, agent to be administered, route, quantity, rate, time, and interval of administration by two persons legally qualified to administer such agent prior to administration of the agent.

     (25) "Drugs" as defined in RCW 18.64.011(3) means:

     (a) Articles recognized in the official U.S. pharmacopoeia or the official homeopathic pharmacopoeia of the United States;

     (b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;

     (c) Substances (other than food) intended to affect the structure or any function of the body of man or other animals; or

     (d) Substances intended for use as a component of any substances specified in (a), (b), or (c) of this subsection but not including devices or component parts or accessories.

     (26) "Drug dispensing" means an act entailing the interpretation of an order for a drug or biological and, pursuant to that order, proper selection, measuring, labeling, packaging, and issuance of the drug for a patient or for a service unit of the facility.

     (27) "Easily cleanable" means readily accessible and made with materials and finishes fabricated to permit complete removal of residue or dirt by accepted cleaning methods.

     (28) "Electrical receptacle outlet" means an outlet where one or more electrical receptacles are installed.

     (29) "Emergency care to victims of sexual abuse" means medical examinations, procedures, and services provided by a hospital emergency room to a victim of sexual assault following an alleged sexual assault.

     (30) "Emergency contraception" means any health care treatment approved by the food and drug administration that prevents pregnancy, including, but not limited to, administering two increased doses of certain contraceptive pills within seventy-two hours of sexual contact.

     (31) "Emergency triage" means the immediate patient assessment by a registered nurse, physician, or physician assistant to determine the nature and urgency of the person's medical need and the time and place care and treatment is to be given.

     (((30))) (32) "Facilities" means a room or area and equipment serving a specific function.

     (((31))) (33) "Failure or major malfunction" means an essential environmental, life safety or patient care function, equipment or process ceasing operation or capability of working as intended and any back up, reserve or replacement to the function, equipment or process has not occurred or is nonexistent. Such as, but not limited to, the:

     (a) Normal electrical power ceases and the emergency generator(s) do not function;

     (b) Ventilation system ceases to operate or reverses air flow and causes contaminated air to circulate into areas where it was not designated or intended to flow; or

     (c) Potable water in the hospital becomes contaminated so it cannot be used.

     (((32))) (34) "Family" means individuals important to and designated by a patient who need not be relatives.

     (((33))) (35) "Faucet controls" means wrist, knee, or foot control of the water supply:

     (a) "Wrist control" means water supply is controlled by handles not less than four and one-half inches overall horizontal length designed and installed to be operated by the wrists;

     (b) "Knee control" means the water supply is controlled through a mixing valve designed and installed to be operated by the knee;

     (c) "Foot control" means the water supply is controlled through a mixing valve designed and installed to be operated by the foot.

     (((34))) (36) "Governing authority/body" means the person or persons responsible for establishing the purposes and policies of the hospital.

     (((35))) (37) "Grade" means the level of the ground adjacent to the building. The ground must be level or slope downward for a distance of at least ten feet away from the wall of the building. From there the ground may slope upward not greater than an average of one foot vertical to two feet horizontal within a distance of eighteen feet from the building.

     (((36))) (38) "He, him, his, or himself" means an individual of either sex, male or female, and does not mean preference for nor exclude reference to either sex.

     (((37))) (39) "High-risk infant" means an infant, regardless of gestational age or birth weight, whose extrauterine existence is compromised by a number of factors, prenatal, natal, or postnatal needing special medical or nursing care.

     (((38))) (40) "Hospital" means any institution, place, building, or agency providing accommodations, facilities, and services over a continuous period of twenty-four hours or more, for observation, diagnosis, or care of two or more individuals not related to the operator who are suffering from illness, injury, deformity, or abnormality, or from any other condition for which obstetrical, medical, or surgical services would be appropriate for care or diagnosis. "Hospital" as used in this chapter does not include:

     (a) Hotels, or similar places furnishing only food and lodging, or simply domiciliary care;

     (b) Clinics, or physicians' offices where patients are not regularly kept as bed patients for twenty-four hours or more;

     (c) Nursing homes, as defined and which come within the scope of chapter 18.51 RCW;

     (d) Maternity homes, which come within the scope of chapter 18.46 RCW;

     (e) Psychiatric or alcoholism hospitals, which come within the scope of chapter 71.12 RCW; nor

     (f) Any other hospital or institution specifically intended for use in the diagnosis and care of those suffering from mental illness, mental retardation, convulsive disorders, or other abnormal mental conditions.

     (g) Furthermore, nothing in this chapter will be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any hospital conducted for those who rely primarily upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denominations.

     (((39))) (41) "Individualized treatment plan" means a written statement of care planned for a patient based upon assessment of the patient's developmental, biological, psychological, and social strengths and problems, and including:

     (a) Treatment goals, with stipulated time frames;

     (b) Specific services to be utilized;

     (c) Designation of individuals responsible for specific service to be provided;

     (d) Discharge criteria with estimated time frames; and

     (e) Participation of the patient and the patient's designee as appropriate.

     (((40))) (42) "Infant" means a baby or very young child up to one year of age.

     (((41))) (43) "Infant station" means a space for a bassinet, incubator, or equivalent, including support equipment used for the care of an individual infant.

     (((42))) (44) "Inpatient" means a patient receiving services that require admission to a hospital for twenty-four hours or more.

     (((43))) (45) "Intermediate care nursery" means an area designed, organized, staffed, and equipped to provide constant care and treatment for mild to moderately ill infants not requiring neonatal intensive care, but requiring physical support and treatment beyond support required for a normal neonate and may include the following:

     (a) Electronic cardiorespiratory monitoring;

     (b) Gavage feedings;

     (c) Parenteral therapy for administration of drugs; and

     (d) Respiratory therapy with intermittent mechanical ventilation not to exceed a continuous period of twenty-four hours for stabilization when trained staff are available.

     (((44))) (46) "Interventional service facility" means a facility other than operating room (OR) where invasive procedures are performed.

     (((45))) (47) "Invasive procedure" means a procedure involving puncture or incision of the skin or insertion of an instrument or foreign material into the body including, but not limited to, percutaneous aspirations, biopsies, cardiac and vascular catheterizations, endoscopies, angioplasties, and implantations. Excluded are venipuncture and intravenous therapy.

     (((46))) (48) "JCAHO" means joint commission on accreditation of healthcare organizations.

     (((47))) (49) "Labor room" means a room in which an obstetric patient is placed during the first stage of labor, prior to being taken to the delivery room.

     (((48))) (50) "Labor-delivery-recovery (LDR) room," "birthing room," or "labor-delivery-recovery-postpartum (LDRP) room" means a room designed and equipped for the care of a woman, fetus, and newborn and to accommodate her support people during the complete process of vaginal childbirth.

     (((49))) (51) "Licensed practical nurse," abbreviated LPN, means an individual licensed under provisions of chapter 18.78 RCW.

     (((50))) (52) "Long-term care unit" means a group of beds for the accommodation of patients who, because of chronic illness or physical infirmities, require skilled nursing care and related medical services but are not acutely ill and not in need of the highly technical or specialized services ordinarily a part of hospital care.

     (((51))) (53) "Maintainable" means able to preserve or keep in an existing condition.

     (((52))) (54) "Maintenance" means the work of keeping something in suitable condition.

     (((53))) (55) "Major permanent loss of function" means sensory, motor, physiological, or intellectual impairment not present on admission requiring continued treatment or lifestyle change. When this condition cannot be immediately determined, the designation will be made when the patient is discharged with continued major loss of function, or two weeks have elapsed with persistent major loss of function, whichever occurs first.

     (((54))) (56) "Medical staff" means physicians and may include other practitioners appointed by the governing authority to practice within the parameters of the governing authority and medical staff bylaws.

     (((55))) (57) "Medication" means any substance, other than food or devices, intended for use in diagnosing, curing, mitigating, treating, or preventing disease.

     (((56))) (58) "Movable equipment" means equipment not built-in, fixed, or attached to the building.

     (((57))) (59) "Must" means compliance is mandatory.

     (((58))) (60) "Multidisciplinary treatment team" means a group of individuals from the various disciplines and clinical services who assess, plan, implement, and evaluate treatment for patients.

     (((59))) (61) "Neglect" means mistreatment or maltreatment; an act or omission evincing; a serious disregard of consequences of a magnitude constituting a clear and present danger to an individual patient's health, welfare, and safety.

     (a) "Physical neglect" means physical or material deprivation, such as lack of medical care, lack of supervision necessary for patient level of development, inadequate food, clothing, or cleanliness.

     (b) "Emotional neglect" means acts such as rejection, lack of stimulation, or other acts of commission or omission which may result in emotional or behavioral problems, physical manifestations, and disordered development.

     (((60))) (62) "Neonate" or "newborn" means a newly born infant under twenty-eight days of age.

     (((61))) (63) "Neonatal intensive care nursery" means an area designed, organized, equipped, and staffed for constant nursing, medical care, and treatment of high-risk infants who may require:

     (a) Continuous ventilatory support, twenty-four hours per day;

     (b) Intravenous fluids or parenteral nutrition;

     (c) Preoperative and postoperative monitoring when anesthetic other than local is administered;

     (d) Cardiopulmonary or other life support on a continuing basis.

     (((62))) (64) "Neonatologist" means a pediatrician who is board certified in neonatal-perinatal medicine or board eligible in neonatal-perinatal medicine, provided the period of eligibility does not exceed three years, as defined and described in Directory of Residency Training Programs by the Accreditation Council for Graduate Medical Education, American Medical Association, 1998 or the American Osteopathic Association Yearbook and Directory, 1998.

     (((63))) (65) "Newborn nursery care" means the provision of nursing and medical services described by the hospital and appropriate for well and convalescing infants including supportive care, ongoing physical assessment, and resuscitation.

     (((64))) (66) "New construction" means any of the following:

     (a) New buildings to be licensed as a hospital;

     (b) Additions to an existing hospital;

     (c) Conversion of an existing building or portions thereof for use as a hospital;

     (d) Alterations to an existing hospital.

     (((65))) (67) "Nonambulatory" means an individual physically or mentally unable to walk or traverse a normal path to safety without the physical assistance of another.

     (((66))) (68) "Notify" means to provide notice of required information to the department by the following methods, unless specifically stated otherwise in this chapter:

     (a) Telephone;

     (b) Facsimile;

     (c) Written correspondence; or

     (d) In person.

     (((67))) (69) "Nursing unit" means a separate physical and functional unit of the hospital including a group of patient rooms, with ancillary, administrative, and service facilities necessary for nursing service to the occupants of these patient rooms.

     (((68))) (70) "Nutritional assessment" means an assessment of a patient's nutritional status conducted by a registered dietitian.

     (((69))) (71) "Nutritional risk screen" means a part of the initial assessment that can be conducted by any trained member of the multidisciplinary treatment team.

     (((70))) (72) "Observation room" means a room for close nursing observation and care of one or more outpatients for a period of less than twenty-four consecutive hours.

     (((71))) (73) "Obstetrical area" means the portions or units of the hospital designated or designed for care and treatment of women during the antepartum, intrapartum, and postpartum periods, and/or areas designed as nurseries for care of newborns.

     (((72))) (74) "Operating room (OR)" means a room within the surgical department intended for invasive and noninvasive procedures requiring anesthesia.

     (((73))) (75) "Outpatient" means a patient receiving services that generally do not require admission to a hospital bed for twenty-four hours or more.

     (((74))) (76) "Outpatient services" means services that do not require admission to a hospital for twenty-four hours or more.

     (((75))) (77) "Patient" means an individual receiving (or having received) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative health services at the hospital.

     (((76))) (78) "Patient care areas" means all nursing service areas of the hospital where direct patient care is rendered and all other areas of the hospital where diagnostic or treatment procedures are performed directly upon a patient.

     (((77))) (79) "Patient related technology" means equipment used in a patient care environment to support patient treatment and diagnosis, such as electrical, battery and pneumatic powered technology as well as support equipment and disposables.

     (((78))) (80) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.

     (((79))) (81) "Pharmacist" means an individual licensed by the state board of pharmacy to engage in the practice of pharmacy under the provisions of chapter 18.64 RCW as now or hereafter amended.

     (((80))) (82) "Pharmacy" means the central area in a hospital where drugs are stored and are issued to hospital departments or where prescriptions are filled.

     (((81))) (83) "Physician" means an individual licensed under provisions of chapter 18.71 RCW, Physicians, chapter 18.22 RCW, Podiatric medicine and surgery, or chapter 18.57 RCW, Osteopathy--Osteopathic medicine and surgery.

     (((82))) (84) "Prescription" means an order for drugs or devices issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe drugs or devices in the course of his or her professional practice for a legitimate medical purpose.

     (((83))) (85) "Pressure relationships" of air to adjacent areas means:

     (a) Positive (P) pressure is present in a room when the:

     (i) Room sustains a minimum of 0.001 inches of H₂0 pressure differential with the adjacent area, the room doors are closed, and air is flowing out of the room; or

     (ii) Sum of the air flow at the supply air outlets (in CFM) exceeds the sum of the air flow at the exhaust/return air outlets by at least 70 CFM with the room doors and windows closed;

     (b) Negative (N) pressure is present in a room when the:

     (i) Room sustains a minimum of 0.001 inches of H₂0 pressure differential with the adjacent area, the room doors are closed, and air is flowing into the room; or

     (ii) Sum of the air flow at the exhaust/return air outlets (in CFM) exceeds the sum of the air flow at the supply air outlets by at least 70 CFM with the room doors and windows closed;

     (c) Equal (E) pressure is present in a room when the:

     (i) Room sustains a pressure differential range of plus or minus 0.0002 inches of H₂0 with the adjacent area, and the room doors are closed; or

     (ii) Sum of the air flow at the supply air outlets (in CFM) is within ten percent of the sum of the air flow at the exhaust/return air outlets with the room doors and windows closed.

     (((84))) (86) "Procedure" means a particular course of action to relieve pain, diagnose, cure, improve, or treat a patient's condition usually requiring specialized equipment.

     (((85))) (87) "Protective precaution room" means a room designed and equipped for care of patients with a high risk for contracting infections, such as bone marrow and organ transplant patients.

     (((86))) (88) "Protocols" and "standing order" mean written descriptions of actions and interventions for implementation by designated hospital personnel under defined circumstances and authenticated by a legally authorized person under hospital policy and procedure.

     (((87))) (89) "Psychiatric service" means the treatment of patients pertinent to the psychiatric diagnosis whether or not the hospital maintains a psychiatric unit.

     (((88))) (90) "Psychiatric unit" means a separate area of the hospital specifically reserved for the care of psychiatric patients (a part of which may be unlocked and a part locked), as distinguished from "seclusion rooms" or "security rooms" as defined in this section.

     (((89))) (91) "Reassessment" means ongoing data collection comparing the most recent data with the data collected on the previous assessment(s).

     (((90))) (92) "Recovery unit" means a special physical and functional area for the segregation, concentration, and close or continuous nursing observation and care of patients for a period of less than twenty-four hours immediately following anesthesia, obstetrical delivery, surgery, or other diagnostic or treatment procedures which may produce shock, respiratory obstruction or depression, or other serious states.

     (((91))) (93) "Registered nurse" means an individual licensed under the provisions of chapter 18.79 RCW and practicing in accordance with the rules and regulations promulgated thereunder.

     (((92))) (94) "Remodel" means the reshaping or reconstruction of a part or area of the hospital.

     (((93))) (95) "Restraint" means any method used to prevent or limit free body movement including, but not limited to, involuntary confinement, an apparatus, or a drug given not required to treat a patient's medical symptoms.

     (((94))) (96) "Room" means a space set apart by floor-to-ceiling partitions on all sides with proper access to a corridor and with all openings provided with doors or windows.

     (((95))) (97) "Seclusion room" means a small, secure room specifically designed and organized for temporary placement, care, and observation of one patient and for an environment with minimal sensory stimuli, maximum security and protection, and visual observation of the patient by authorized personnel and staff. Doors of seclusion rooms are provided with staff-controlled locks.

     (((96))) (98) "Secretary" means the secretary of the department of health.

     (99) "Self-administration of drugs" means a patient administering or taking his or her own drugs from properly labeled containers: Provided, That the facility maintains the responsibility for seeing the drugs are used correctly and the patient is responding appropriately.

     (((97))) (100) "Sensitive area" means a room used for surgery, transplant, obstetrical delivery, nursery, post-anesthesia recovery, special procedures where invasive techniques are used, emergency or critical care including, but not limited to, intensive and cardiac care or areas where immunosuppressed inpatients are located and central supply room.

     (((98))) (101) "Sexual assault" ((or "rape" mean consistent with applicable law and regulation and based on the hospital's definition)) has the same meaning as in RCW 70.125.030.

     (((99))) (102) "Sinks":

     (a) "Clinic service sink (siphon jet)" means a plumbing fixture of adequate size and proper design for waste disposal with siphon jet or similar action sufficient to flush solid matter of at least two and one-eighth inch diameter.

     (b) "Scrub sink" means a plumbing fixture of adequate size and proper design for thorough washing of hands and arms, equipped with knee, foot, electronic, or equivalent control, and gooseneck spout without aerators including brush and handsfree soap dispenser.

     (c) "Service sink" means a plumbing fixture of adequate size and proper design for filling and emptying mop buckets.

     (d) "Handsfree handwash sink" means a plumbing fixture of adequate size and proper design to minimize splash and splatter and permit hand washing without touching fixtures, with adjacent soap dispenser with foot control or equivalent and single service hand drying device.

     (e) "Handwash sink" means a plumbing fixture of adequate size and proper design for washing hands, with adjacent soap dispenser and single service hand drying device.

     (((100))) (103) "Soiled" (when used in reference to a room, area, or facility) means space and equipment for collection or cleaning of used or contaminated supplies and equipment or collection or disposal of wastes.

     (((101))) (104) "Special procedure" means a distinct and/or special diagnostic exam or treatment, such as, but not limited to, endoscopy, angiography, and cardiac catheterization.

     (((102))) (105) "Staff" means paid employees, leased or contracted persons, students, and volunteers.

     (((103))) (106) "Stretcher" means a four-wheeled cart designed to serve as a litter for the transport of an ill or injured individual in a horizontal or recumbent position.

     (((104))) (107) "Surgical procedure" means any manual or operative procedure performed upon the body of a living human being for the purpose of preserving health, diagnosing or curing disease, repairing injury, correcting deformity or defect, prolonging life or relieving suffering, and involving any of the following:

     (a) Incision, excision, or curettage of tissue or an organ;

     (b) Suture or other repair of tissue or an organ including a closed as well as an open reduction of a fracture;

     (c) Extraction of tissue including the premature extraction of the products of conception from the uterus; or

     (d) An endoscopic examination with use of anesthetizing agents.

     (((105))) (108) "Surrogate decision-maker" means an individual appointed to act on behalf of another. Surrogates make decisions only when an individual is without capacity or has given permission to involve others.

     (((106))) (109) "Through traffic" means traffic for which the origin and destination are outside the room or area serving as a passageway.

     (((107))) (110) "Toilet" means a room containing at least one water closet.

     (((108))) (111) "Treatment" means the care and management of a patient to combat, improve, or prevent a disease, disorder, or injury, and may be:

     (a) Pharmacologic, surgical, or supportive;

     (b) Specific for a disorder; or

     (c) Symptomatic to relieve symptoms without effecting a cure.

     (((109))) (112) "Treatment room" means a hospital room for medical, surgical, dental, or psychiatric management of a patient.

     (((110))) (113) "Victim of sexual assault" means a person who alleges or is alleged to have been sexually assaulted and who presents as a patient.

     (114) "Water closet" means a plumbing fixture fitted with a seat and device for flushing the bowl of the fixture with water.

     (((111))) (115) "Will" means compliance is mandatory.

     (((112))) (116) "Window" means a glazed opening in an exterior wall.

     (a) "Maximum security window" means a window that can only be opened by keys or tools under the control of personnel. The operation will be restricted to prohibit escape or suicide. Where glass fragments may create a hazard, safety glazing and other appropriate security features will be incorporated. Approved transparent materials other than glass may be used.

     (b) "Relite" means a glazed opening in an interior partition between a corridor and a room or between two rooms to permit viewing.

     (c) "Security window" means a window designed to inhibit exit, entry, and injury to a patient, incorporating approved, safe transparent material.

     (((113))) (117) "Work surface" means a flat hard horizontal surface such as a table, desk, counter, or cart surface.

[Statutory Authority: RCW 70.41.030 and 43.70.040. 99-04-052, § 246-320-010, filed 1/28/99, effective 3/10/99.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

OTS-6341.5

NEW SECTION
WAC 246-320-370   Emergency contraception.   The purpose of this section is to ensure that hospitals with emergency rooms or services provide emergency contraception as a treatment option to any woman who seeks treatment as a result of a sexual assault. Every hospital that provides emergency services must:

     Develop and implement policies and procedures regarding the provision of twenty-four-hour/seven-day per week emergency care to victims of sexual assault;

     Provide the victim of sexual assault with medically and factually accurate and unbiased written and oral information about emergency contraception;

     Orally inform the victim in a language she understands of her option to be provided emergency contraception at the hospital; and

     Provide emergency contraception, as defined in WAC 246-320-010, to the victim of sexual assault if the victim requests it, and if the emergency contraception is not medically contraindicated.

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© Washington State Code Reviser's Office