DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Long-Term Support Administration)

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

"Abandonment" means action or inaction by a person with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care.

"Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a resident. In instances of abuse of a resident who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. Abuse is also defined in RCW 74.34.020. Abuse includes sexual abuse, mental abuse, physical abuse, and exploitation of a resident, which have the following meanings:

(1) "Mental abuse" means any willful action or inaction of mental or verbal abuse. Mental abuse includes, but is not limited to, coercion, harassment, inappropriately isolating a resident from family, friends, or regular activity, and verbal assault that includes ridiculing, intimidating, yelling, or swearing;

(2) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints except as described in section 388-107-0420;

(3) "Sexual abuse" means any form of nonconsensual sexual contact, including, but not limited to, unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment. Sexual contact may include interactions that do not involve touching, including but not limited to sending a resident sexually explicit messages, or cuing or encouraging a resident to perform sexual acts. Sexual abuse includes any sexual contact between a staff person and a resident, whether or not it is consensual;

(4) "Exploitation" means an act of forcing, compelling, or exerting undue influence over a resident causing the resident to act in a way that is inconsistent with relevant past behavior, or causing the resident to perform services for the benefit of another.

"Activities of daily living" means the following tasks related to basic personal care: Bathing; toileting; dressing; personal hygiene; mobility; transferring; and eating.

"Administrative hearing" is a formal hearing proceeding before a state administrative law judge that gives:

(1) A licensee an opportunity to be heard in disputes about licensing actions, including the imposition of remedies, taken by the department; or

(2) An individual an opportunity to appeal a finding of abandonment, abuse, neglect, financial exploitation of a resident, or misappropriation of a resident's funds.

"Administrator" means an enhanced services facility administrator who must be in active administrative charge of the enhanced services facility as required in this chapter. Unless exempt under RCW 18.88B.041, the administrator must complete long-term care worker training and home care aide certification.

"Advance directive," as used in this chapter, means any document indicating a resident's choice with regard to a specific service, treatment, medication or medical procedure option that may be implemented in the future such as power of attorney health care directive, limited or restricted treatment cardiopulmonary resuscitation (CPR), do not resuscitate (DNR), and organ tissue donation.

"Aggressive behavior" means actions by the individual that constitute a threat to the individual's health and safety or the health and safety of others in the environment.

"Antipsychotic medications" means that class of medications primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes but is not limited to atypical antipsychotic medications.

"Applicant" means the individual or entity, as defined in this section((,)) that has submitted, or is in the process of submitting, an application for an enhanced services facility license.

"Capacity" means the maximum amount an enhanced services facility can serve is sixteen residents.

"Caregiver" means the same as "long-term care worker" as defined in RCW 74.39A.009, as follows: "Long-term care workers" include all persons who provide paid, hands-on personal care services for the elderly or persons with disabilities, including but not limited to individual providers of home care services, direct care workers employed by home care agencies, providers of home care agencies to persons with developmental disabilities under Title 71A RCW, all direct care workers in state-licensed enhanced services facilities, assisted living facilities, and adult family homes, respite care providers, direct care workers employed by community residential service businesses, and any other direct care worker providing home or community-based services to the elderly or persons with functional disabilities or developmental disabilities.

"Challenging behavior" means a persistent pattern of behaviors that inhibit the individual's functioning in public places, in the facility and integration within the community, or uncontrolled symptoms of a physical or mental condition. These behaviors may have been present for long periods of time or have manifested as an acute onset.

"Chemical dependency" means alcoholism, medication addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires and as those terms are defined in chapter 70.96A RCW.

"Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW.

"Department" means the department of social and health services.

"Direct supervision" means oversight by a person on behalf of the enhanced services facility who has met training requirements, demonstrated competency in core areas, or has been fully exempted from the training requirements, is on the premises, and is quickly and easily available to the caregiver.

"Enhanced services facility" or "ESF" means a facility licensed under chapter 70.97 RCW that provides treatment and services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by the department to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues. For the purposes of this chapter, an enhanced services facility is not an evaluation and treatment facility certified under chapter 71.05 RCW.

"Facility" means an enhanced services facility.

"Financial exploitation" means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the vulnerable adult's profit or advantage. Some examples of financial exploitation are given in RCW 74.34.020(6).

"Holding technique" means using the least amount of force necessary to manually hold all or part of a person's body in a way that restricts the person's free movement; also includes any approved controlling maneuvers identified in the ((individual treatment)) person-centered service plan. Examples include holds taught in approved training for deescalation techniques and control of self-harm or aggressive behavior. This definition does not apply to briefly holding, without force, a person in order to calm the person, or holding a person's hand to escort the person safely from one area to another.

"Infectious" means capable of causing infection or disease by entrance of organisms into the body, which grow and multiply there, including, but not limited to, bacteria, viruses, protozoans, and fungi.

"Inspection" means the process by which department staff evaluates the enhanced services facility licensee's compliance with applicable statutes and regulations.

"License suspension" is an action taken by the department to temporarily revoke an enhanced services facility license in accordance with RCW 70.97.120 and this chapter.

"Licensee" means the individual or entity, as defined in this chapter, to whom the department issues the enhanced services facility license.

"Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

"Likelihood of serious harm" means a substantial risk that:

(1) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;

(2) Physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

(3) Physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.

"Long-term care worker" as defined in RCW 74.39A.009, has the same meaning as the term "caregiver."

"Management agreement" means a written, executed agreement between the licensee and the manager regarding the provision of certain services on behalf of the licensee.

(1) Is an employee of the department, law enforcement officer, social worker, professional school personnel, individual provider, an employee of a facility, an operator of a facility, an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency, county coroner or medical examiner, Christian Science practitioner, or health care provider subject to chapter 18.130 RCW; and

(2) For the purpose of the definition of mandated reporter, "facility" means a residence licensed or required to be licensed under chapter 18.20 RCW, Assisted living facility; chapter 18.51 RCW, Nursing homes; chapter 70.128 RCW, Adult family homes; chapter 72.36 RCW, Soldiers' homes; chapter 71A.20 RCW, Residential habilitation centers; chapter 70.97 RCW, Enhanced services facility or any other facility licensed by the department.

"Medically fragile" means a chronic and complex physical condition which results in prolonged dependency on specialized medical care that requires frequent daily skilled nursing interventions. If these medically necessary interventions are interrupted or denied, the resident may experience irreversible damage or death. Examples of specialized medical care and treatment for medically fragile residents include but are not limited to: IV therapies requiring monitoring of vital signs and dose titration dependent on lab values; wound care requiring external vacuum or other mechanical devices for debridement; complicated wound care requiring other specialized or extensive interventions and treatment; ventilator or other respiratory device dependence and monitoring; dependence on licensed staff for complex respiratory support; and peritoneal or hemodialysis (on-site).

"Medication administration" means the direct application of a prescribed medication whether by injection, inhalation, ingestion, or other means, to the body of the resident by an individual legally authorized to do so.

"Medication service" means any service provided either directly or indirectly by an enhanced services facility related to medication administration medication assistance, or resident self-administration of medication.

"Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions.

"Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, licensed mental health counselor, licensed mental health counselor-associate, licensed marriage and family therapist, licensed marriage and family therapist-associate, licensed independent clinical social worker, licensed independent clinical social worker-associate, licensed advanced social worker, or licensed advanced social worker-associate and such other mental health professionals as may be defined by rules adopted by the secretary under the authority of chapter 71.05 RCW.

"Misappropriation of resident property" means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a resident's belongings or money.

"Neglect" means:

(1) A pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a resident, or that fails to avoid or prevent physical or mental harm or pain to a resident; or

(2) An act or omission by a person or entity with a duty of care that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the resident's health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100.

"Professional person" means a mental health professional and also means a physician, registered nurse, and such others as may be defined in rules adopted by the secretary pursuant to the provisions of this chapter.

"Psychopharmacologic medications" means a class of prescription medications that affect the mind, emotions, and behavior, including but not limited to antipsychotics, antianxiety medication, and antidepressants.

"Reasonable accommodation" and "reasonably accommodate" have the meaning given in federal and state antidiscrimination laws and regulations which include, but are not limited to, the following:

(1) Reasonable accommodation means that the enhanced services facility must:

(a) Not impose an admission criterion that excludes individuals unless the criterion is necessary for the provision of enhanced services facility services;

(b) Make reasonable modification to its policies, practices or procedures if the modifications are necessary to accommodate the needs of the resident;

(c) Provide additional aids and services to the resident.

(2) Reasonable accommodations are not required if:

(a) The resident or individual applying for admission presents a significant risk to the health or safety of others that cannot be eliminated by the reasonable accommodation;

(b) The reasonable accommodations would fundamentally alter the nature of the services provided by the enhanced services facility; or

(c) The reasonable accommodations would cause an undue burden, meaning a significant financial or administrative burden.

"RCW" means Revised Code of Washington.

"Records" means:

(1) "Active records" means the current, relevant documentation regarding residents necessary to provide care and services to residents; or

(2) "Inactive records" means historical documentation regarding the provision of care and services to residents that is no longer relevant to the current delivery of services and has been thinned from the active record.

"Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify individuals who are receiving or who at any time have received services for mental illness.

"Resident" means a person admitted to an enhanced services facility.

"Resident's representative" means:

(1) The legal representative who is the person or persons identified in RCW 7.70.065 and who may act on behalf of the resident pursuant to the scope of their legal authority. The legal representative shall not be affiliated with the licensee, enhanced services facility, or management company, unless the affiliated person is a family member of the resident; or

(2) If there is no legal representative, a person designated voluntarily by a competent resident in writing, to act in the resident's behalf concerning the care and services provided by the enhanced services facility and to receive information from the enhanced services facility if there is no legal representative. The resident's representative may not be affiliated with the licensee, enhanced services facility, or management company, unless the affiliated person is a family member of the resident. The resident's representative under this subsection shall not have authority to act on behalf of the resident once the resident is no longer competent. The resident's competence shall be determined using the criteria in RCW 11.88.010 (1)(e).

"Secretary" means the secretary of the department or the secretary's designee.

"Significant change" means:

(1) A deterioration in a resident's physical, mental, or psychosocial condition that has caused or is likely to cause clinical complications or life-threatening conditions; or

(2) An improvement in the resident's physical, mental, or psychosocial condition that may make the resident eligible for discharge or for treatment in a less intensive or less secure setting.

"Significant medication error" includes any failure to administer or receive a medication according to an authorized health care provider's order, or according to the manufacturer's directions for nonprescription medications, that results in an error involving the wrong medication, wrong dose, wrong patient, wrong time, wrong rate, wrong preparation, or wrong route of administration.

"Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.

"Staff" or "staff person" means any person who:

(1) Is employed or used by an enhanced services facility, directly or by contract, to provide care and services to any resident.

(2) Staff must meet all of the requirements of chapter 388-112 WAC.

"Stop placement" or "stop placement order" is an action taken by the department prohibiting enhanced services facility admissions, readmissions, and transfers of patients into the enhanced services facility from the outside.

"Temporary restraining order" means restraining order or order of protection that expired without a hearing, was terminated following an initial hearing, or was terminated by stipulation of the parties in lieu of an initial hearing.

"Treatment" means the broad range of emergency, detoxification, residential, inpatient, and outpatient services and care, including diagnostic evaluation, mental health or chemical dependency education and counseling, medical, physical therapy, restorative nursing, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling.

"Violation" ((is an enhanced services facility failed practice, action or inaction that violates any or all of the following:

(2) In the case of a medicare and medicaid contractor, participation requirements under Title XVIII and XIX of the Social Security Act and federal medicare and medicaid regulations)) means the same as "deficiency" as defined in this section.

"Volunteer" means an individual who interacts with residents without reimbursement.

"Vulnerable adult" includes a person:

(1) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or

(2) Found incapacitated under chapter 11.88 RCW; or

(3) Who has a developmental disability as defined under RCW 71A.10.020; or

(4) Admitted to any facility, including any enhanced services facility; or

(5) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or

(6) Receiving services from an individual provider.

(7) Who self-directs his or her own care and receives services from a personal aide under chapter 74.39 RCW.

(8) For the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.

"WAC" means Washington Administrative Code.

(1) Chapter 70.97 RCW authorizes the department to develop rules to implement the chapter, and to license enhanced services facilities. At a minimum the rules are to be written to promote safe treatment and necessary care of individuals residing in each facility, to provide for safe and clean conditions and to establish licensee qualifications, licensing and enforcement standards, and license fees sufficient to cover the cost of licensing and enforcement.

The enhanced services facility must:

(1) Complete a comprehensive assessment, addressing the elements set forth in WAC 388-107-0070, upon a significant change in the resident's condition or at least every 180 days if there is no significant change in condition;

(2) Complete an assessment specifically focused on a resident's identified strengths, preferences, limitations and related issues:

(a) Consistent with the resident's change of condition as specified in WAC 388-107-0060;

(b) When the resident's ((individual treatment)) person-centered service plan no longer addresses the resident's current needs and preferences; and

(c) When the resident has an injury requiring the intervention of a practitioner((.));

(3) Review each resident's needs to evaluate discharge or transfer options when the resident:

(5) Ensure the staff person performing the ongoing assessments is a qualified ((to perform them)) assessor.

The enhanced services facility ((will identify a team for each resident. The team will)) must develop and maintain a person-centered service planning team for each resident. The ESF must:

(1) ((Include)) Ensure the person-centered service planning team includes the resident, the resident's representative when applicable, individuals chosen ((and any support persons identified)) by the resident, ((as well as)) a mental health professional, nursing staff, the medicaid client's department case manager, and other persons ((identified by the facility)) as needed;

(2) Provide the necessary information and support to ensure that the resident has an opportunity to identify team members, make informed choices and decisions regarding care and treatment, and direct the person-centered service planning process as much as possible;

(3) Ensure the person-centered service planning team has a coordinated approach to the development, implementation, and evaluation of the ((individual treatment)) comprehensive person-centered service plan for the resident; and

(((3) Meets)) (4) Ensure the person-centered service planning team meets at least monthly and more often as needed, at times and locations convenient to the resident, to review and modify the ((individual treatment)) comprehensive person-centered service plan as needed.

The enhanced services facility ((team)) must develop the initial ((individual treatment)) person-centered service plan prior to the resident's admission to the ESF, using information from the resident, the resident's representative if the resident has one, the comprehensive assessment reporting evaluation (CARE) assessment for medicaid clients, and the preadmission assessment((, prior to admitting the resident to the facility)). The ((enhanced services facility team)) ESF must ensure that each resident has an initial ((individual treatment)) person-centered service plan that ((includes)) describes:

(1) The resident's immediate specific ((problems and)) support needs (physical, mental, and behavioral) identified in the pre-assessment;

(2) Direction to staff and caregivers relating to the resident's immediate needs, capabilities, and preferences;

(3) The means ((for)) by which the resident ((chooses)) may choose not to accept ((or refuses)) care or services;

(4) The resident's informed consent to the person-centered service plan;

(5) What the facility will do to ensure the resident's health and safety related to the refusal of any care or service;

(((5))) (6) Resident defined goals and preferences;

(((6))) (7) How the facility will provide behavioral support to prevent a crisis and maintain placement in the facility while respecting the resident's rights; ((and

(7) While in the community,)) (8) What the facility will do to ensure resident and community safety when the resident is in the community; ((and

(8) Identifying)) (9) Factors that ((will)) prevent the resident from accessing less restrictive community based services; and ((developing a plan regarding))

(10) When and how the resident may ((be able to)) transfer or transition from the enhanced services facility to a more independent living situation in the community.

((The enhanced services facility team must integrate the information obtained in the resident's preadmission assessment, medicaid client's CARE assessment information from the department's case manager, comprehensive assessment and initial individual treatment plan to develop a written comprehensive individual treatment plan.)) (1) The enhanced services facility must ensure that when the person-centered service planning team develops the initial comprehensive person-centered service plan, the team integrates the information contained in the following documents:

(d) The medicaid client's comprehensive assessment reporting evaluation (CARE) assessment.

(4) The enhanced services facility must ensure the person-centered service planning team ((must ensure each resident's comprehensive individual treatment plan includes)) includes the following in each resident's initial comprehensive person-centered service plan:

(((1))) (a) A list of the care and services to be provided;

(((2))) (b) Identification of who will provide the care and services;

(((3))) (c) When and how the care and services will be provided;

(((4))) (f) How medications will be managed, including how the resident will receive medications when the resident is not in the facility;

(((5))) (g) The resident's daily activities preferences, spiritual ((and/))or cultural preferences, or both, interests, strengths and needs and how the facility will meet those within the behavioral challenges of the resident;

(((6))) (h) Other preferences and choices about issues important to the resident, including, but not limited to((:

(d) How the enhanced services facility will accommodate the preferences and choices.)) the setting in which the resident resides, food, daily routine, grooming, and how the enhanced services facility will accommodate these preferences and choices;

(9))) (j) A hospice care plan if the resident is receiving ((services for)) hospice care ((delivered by)) services from a licensed hospice agency((.));

(((10))) (k) Advance directives, if the resident chooses, that are validly executed pursuant to chapters 70.122 and 71.32 RCW, as applicable;

(((11))) (l) A plan ((regarding how the facility will work)) for working with the department of corrections (DOC) if the resident is under the supervision of DOC, collaborating to maximize treatment outcomes and reduce the likelihood of re-offense((.));

(((12))) (m) A plan ((which)) that maximizes the opportunities for independence, maintaining health and safety, recovery, employment, the resident's participation in treatment decisions, collaboration with peer-supported services, and care and treatment provided in the least restrictive manner appropriate ((to)) for the resident and ((to)) consistent with any relevant court orders with which the resident must comply((.));

(14) The enhanced services facility must complete the comprehensive individual treatment plan within fourteen days of the resident's move-in date)) (n) A plan that addresses factors and barriers that prevent the resident from being placed in a less restrictive community placement upon discharge from the ESF;

(iv) A description of how to respond to a resident's refusal of care of treatment, including when the resident's physician or practitioner should be notified of the refusal.

(1) The enhanced services facility must ensure the person-centered service planning team ((will review)) reviews and ((update)) updates each resident's comprehensive ((individual treatment)) person-centered service plan((,)) as follows:

(a) Within a reasonable time consistent with the ((needs of the resident)) resident's needs following any significant change in the resident's physical, mental, emotional, or behavioral functioning; ((and))

(b) Upon request by the resident;

(c) Whenever the comprehensive ((individual treatment)) person-centered service plan no longer adequately addresses the resident's current assessed needs and preferences; ((and))

(((c))) (d) Following every full comprehensive assessment and medicaid client's full comprehensive assessment reporting evaluation (CARE) assessment; and

(e) At least once every one hundred eighty days.

(2) ((The process of developing and updating the comprehensive individual treatment plan will include the following:

(b) Staff persons document in the resident's record the agreed upon plan for services)) The enhanced services facility must ensure that when developing the resident's comprehensive person-centered services plan the person-centered service planning team will:

(d) Document the agreed comprehensive person-centered service plan in the resident's record.

(1) The enhanced services facility must provide the care and services as agreed upon or outlined in the initial and comprehensive ((individualized treatment)) person-centered service plan to each resident unless a deviation from the plan is mutually agreed upon between ((the enhanced services facility team,)) the medicaid client's department case manager, ((and)) the resident or the resident's representative, or both, and the person-centered service planning team at the time the care or services are scheduled.

(2) The ((details of any deviation from the plan must be clearly documented in the resident record)) enhanced services facility must document the details of any deviation from the initial or comprehensive person-centered service plan in the resident's record and ensure this deviation is supported with documentation by the medicaid client's department case manager, the resident or the resident's representative, or both, and the person-centered service planning team.

When ((a resident's services are paid for by)) the department is paying for a resident's services, the enhanced services facility must give the department case manager a copy of the comprehensive ((individual treatment)) person-centered service plan each time it is completed or updated ((and after it has been signed and dated. The department's case manager will:

(4) Schedule a department reassessment)). The ESF must keep a copy of the person-centered service plan that has been signed and dated by the department case manager, in the resident's file.

The enhanced services facility ((will)) must ensure that each resident's ((individual treatment)) person-centered service plan has interventions for behavioral support that are used ((first)) immediately when a resident's behavior ((is escalating at home)) escalates in the ESF or ((in the)) community((, including but not limited to)). The behavioral support plan must include, at the minimum the following:

(1) Resident strengths ((the individual holds)) that support strategies for prevention and intervention((.));

(2) Specific indicators ((which)) that may signal a potential crisis for the ((individual)) resident or ((that left unaddressed in the past has)) led to a behavioral crisis((. Examples)) in the past, which may include ((but are not limited to typical challenging behaviors the individual displays when escalating, actions the resident may typically take before a behavioral outburst, or words or phrases the individual has been known to express during a time of escalation.)) the resident's typical challenging behavior he or she displays during escalation, the resident's typical actions before a behavioral outburst, and words or phrases that the resident has used in the past during escalation;

(3) Specific interventions and pre-crisis prevention strategies for each of the indicators identified above((.));

(4) Steps to be taken by each of the facility ((team members)) staff if the prevention or intervention strategies are unsuccessful in diverting the ((individual)) resident from a behavior or action that leads to crisis((.));

(((5))) (6) A plan to ensure coordination with community crisis responders in regard to each resident's ((treatment)) person-centered service plan as part of a regular, routine protocol for crisis prevention and intervention((.)); and

(((6))) (7) A statement that the resident may not be secluded or isolated as part of the behavior support plan.

Except ((when the health or safety of the individual or other residents or members of the community would be endangered and consistent with the individual treatment plan)) where the right conflicts with the resident's person-centered service plan or when it endangers the health or safety of the resident, other residents, or members of the community, each resident has the right to:

(1) Choose activities, schedules, and health care consistent with his or her interests, assessments, and ((individual treatment)) person-centered service plan;

(2) Interact with members of the community both inside and outside the enhanced services facility;

(3) Make choices about aspects of his or her life in the facility that are significant to the resident; and

(4) Participate in social, religious, and community activities that do not interfere with the rights of other residents in the enhanced services facility.

(1) Each resident of an enhanced services facility is entitled to all the rights set forth in this chapter((,)) and chapters 71.05 and 70.96A RCW, and ((must retain)) retains all rights not denied him or her under these chapters.

(2) The enhanced services facility ((will)) may only consider a resident's competence as determined or withdrawn under the provisions of chapters 10.77 or 11.88 RCW.

(3) The facility must give each resident, at the time of his or her ((treatment)) person-centered service planning meeting, a written statement setting forth the substance of this section.

(4) Every resident of an enhanced services facility has the right to ((adequate)) appropriate care and individualized treatment, interventions, and support that will not harm the resident.

(5) The provisions of this chapter must not be construed to deny to any resident treatment by spiritual means through prayer in accordance with the tenets and practices of a church or religious denomination.

(6) ((Each resident of an enhanced services facility must have, in addition to other rights not specifically withheld by law, the rights enumerated in (a) through (m) below, unless exercise of these rights creates a danger to the resident or to others. The facility must prominently post a list of these rights in a place accessible to residents and must make this list available to residents without need of request. The resident has the right)) In addition to other rights not specifically withheld by law, each resident of an enhanced services facility has the rights enumerated in subsections (6)(a) through (6)(o) of this section unless the exercise of which creates a danger to the resident or others. The facility must prominently post a list in a place accessible to residents of the rights enumerated in subsections (6)(a) through (6)(o) of this section and make the list readily available to residents. The resident has the right to:

(a) ((To)) Wear his or her own clothes and ((to)) keep and use his or her ((own)) personal possessions((, except when deprivation of same is essential to protect the safety of the resident or other persons));

(b) ((To)) Have access to fluids and snacks of his or her choice at any time;

(c) ((To keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases)) Control his or her personal finances;

(d) ((To)) Have access to individual locked storage space for his or her private use;

(e) ((To)) Have visitors at ((reasonable)) times convenient to the resident and in accordance with his or her person-centered service plan;

(f) ((To)) Have ((reasonable)) twenty-four hour access to a telephone((, both)) to make and receive confidential calls((, consistent with an effective treatment program));

(g) ((To)) Have ready access to letter-writing materials, including stamps((,)) and ((to)) send and receive uncensored correspondence through the ((mails)) mail;

(h) ((To)) Discuss and actively participate in ((treatment plans)) the development of his or her person-centered service plan and decisions with professional persons;

(i) ((To)) A clean((,)) and comfortable ((and)) home ((like)) environment;

(j) Furnish and decorate his or her sleeping room in accordance with his or her person-centered service plan.

(k) Not ((to)) have psychosurgery performed on him or her under any circumstances;

(((k) to)) (m) Dispose of property and sign contracts unless the resident has been ((adjudicated an)) found incompetent in a court proceeding ((directed to)) regarding that ((particular)) issue; and

(((l) To complain about rights violations or conditions and request the assistance of a mental health ombuds or representative of Washington protection and advocacy. The facility may not prohibit or interfere with a resident's decision to consult with an advocate of his or her choice.)) (n) Complain about right violations or conditions at the enhanced services facility and request the assistance of an ombuds, disability rights Washington representative, or another representative of the resident's choice without interference from the enhanced services facility; and

(((m) To)) (o) Receive a minimum of thirty days written notice if there are any changes to the scope of services identified in the ((individual treatment)) resident's person-centered service plan.

(((7))) (8) Nothing contained in this chapter ((must)) may prohibit a resident, resident's representative, or both from petitioning by writ of habeas corpus for release.

(((8))) (9) Nothing in this section permits any person to knowingly violate a no-contact order ((or a)), condition of an active judgment and sentence, or active supervision by the department of corrections.

(((9))) (10) A resident has ((a)) the right to refuse placement in an enhanced services facility. No person ((must)) may be denied other department services solely on the grounds that he or she ((has made such a refusal)) refused placement in an enhanced services facility.

(((10))) (11) A resident has ((a)) the right to appeal the ((decision of the department)) department's decision that he or she is eligible for placement at an enhanced services facility((, and must be given notice of the right to appeal in a format that is accessible to the resident with instructions regarding what to do if the resident wants to appeal)). The department must give the resident notice of his or her right in a format accessible to the resident with instructions on how to appeal.

(1) ((Consistent with resident rights,)) The enhanced services facility must provide each resident with the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, self-care, and independence consistent with resident rights and in accordance with his or her comprehensive assessment and ((individual treatment)) person-centered service plan.

(2) Based on the ((comprehensive assessment of a resident)) resident's comprehensive assessment, the enhanced services facility must ensure that:

(a) ((A)) The resident's abilities in activities of daily living do not decline unless circumstances of the resident's clinical condition demonstrate that the decline was unavoidable((. This includes)), including but not limited to the resident's ability to:

(i) Bathe, dress, and groom;

(ii) Transfer and ambulate;

(iii) Toilet;

(iv) Eat; and

(v) Use speech, language, or other functional communication systems((.));

(b) ((A)) The resident is given the appropriate treatment and services to maintain or improve the resident's abilities in activities of daily living specified in subsection (2)(a) of this section; and

(c) ((A)) The resident who is unable to carry out activities of daily living receives the necessary services to maintain good nutrition, grooming, and personal and oral hygiene.

(3) The enhanced services facility must ensure that the appropriate care and services are provided to the resident in a minimum of the following areas, as applicable in accordance with the resident's individualized assessments and ((individual treatment)) person-centered service plan:

(a) Mental health treatment;

(b) Chemical dependency treatment;

(c) Vision and hearing;

(d) Skin;

(e) Continence;

(f) Range of motion;

(g) Mental and psychosocial functioning and adjustment;

(h) Nutrition;

(i) Hydration;

(j) Special needs, including but not limited to:

(i) Injections;

(ii) Parenteral and enteral fluids;

(iii) Colostomy, urostomy, or ileostomy care;

(iv) Tracheostomy care and/or tracheal suctioning;

(v) Respiratory care;

(vi) Dental care;

(vii) Foot care; and

(viii) Prostheses((.));

(k) Independent living skills; and

(l) Medications, including freedom from:

(i) Unnecessary medications; and

(ii) Significant medication errors((; and

(l) Independent living skills)).

The enhanced services facility must develop and implement a program to meet the needs of each resident and to ensure each resident receives:

(1) The care and services identified in the ((individualized treatment)) resident's person-centered service plan((.));

(2) The necessary care and services to help the resident reach the highest level of physical, mental, and psychosocial well-being consistent with resident choice, current functional status, and potential for improvement or decline((.));

(3) Services by the appropriate professionals based upon the resident's assessment and person-centered service plan; and

(4) The care and services in a manner and in an environment that:

(a) Actively supports, maintains or improves ((each)) the resident's quality of life;

(b) Actively supports the ((safety of each resident)) resident's safety; and

(c) Reasonably accommodates ((each)) the resident's individual needs and preferences except when the accommodation endangers the health or safety of the ((individual)) resident, another resident, or a member of the community.

(1) The enhanced services facility must ensure that:

(a) Sufficient numbers of appropriately qualified and trained staff are available to safely provide necessary care and services consistent with residents' ((negotiated service agreements safely)) person-centered service plans under routine conditions, as well as during fire, emergency, and disaster situations; and

(b) At least two staff are awake and on duty in the facility at all times if there are any residents in the facility.

(2) A ((licensed)) registered nurse must be ((on duty in the facility at all times.)) available to meet the needs of the residents as follows:

(((a))) (3) A ((registered)) licensed nurse must be on duty in the facility ((at least eight hours per day; and)) whenever a registered nurse is not on site.

(((3))) (4) A mental health professional must be ((on-site)) available to meet the needs of the residents as follows:

(a) On duty in the facility at least ((sixteen)) eight hours per day; and

(b) When not present, available on-call and able to respond within thirty minutes by phone or in person.

(1) ((Upon completion of the annual reassessment and/or significant change assessment by both case management and enhanced services facility staff, the enhanced services team will review each resident for possible discharge. The team will determine if the resident:

(2))) The enhanced services facility, with input from the person-centered service planning team, will meet with case management staff to identify residents ((with potential for discharge or transfer to a less restrictive program, and will participate in discharge planning for each resident who meets the above criteria for potential discharge from the facility.

(3) The enhanced services facility must provide a thirty day notice before discharging a resident unless the situation is emergent and the case manager is involved in the decision)) who want to be discharged from the facility or transfer to a less restrictive residential setting. Once the facility identifies these residents, it will hold a discharge planning meeting for each resident,

The enhanced services facility must:

(1) Provide for diagnostic and therapeutic services prescribed by the attending clinical staff that meet all of the resident needs identified in the ((individual treatment)) person-centered service plan, to include mental health and chemical dependency treatment;

(2) Ensure that each resident's ((individual treatment)) person-centered service plan has interventions for behavioral support in accordance with WAC 388-107-0160;

(3) Ensure that all services are provided by specific program professionals, such as mental health professionals and chemical dependency professionals.

When the resident is using a ((psychopharmacological)) psychopharmacologic medication on a routine basis, the facility must ensure that ((the)):

(1) The medication is prescribed by a physician or health care professional with prescriptive authority;

(2) The resident's ((individual treatment)) person-centered service plan includes strategies and modifications of the environment and staff behavior to address the symptoms for which the medication is prescribed;

(3) Changes in medication only occur when the prescriber decides it is medically necessary;

(4) The resident's record includes documentation about the specific symptom or behavior that caused the physician to order the medication and what ((the resident needs to be able to do or stop doing in order to discontinue the medication.)) is required of the resident before the medication may be discontinued;

(5) ((Documentation includes)) The resident's record includes documentation that the resident, guardian, or legal representative, if any, was informed of the need for the psychopharmacologic medication((.)); and

If the physician has ordered an as-needed psychopharmacologic medication for a resident, the facility must ensure that ((the)):

(1) The order details the circumstances under which the medication may be used and the medication is given only as specifically ordered;

(2) The resident's ((individual treatment)) person-centered service plan includes behavioral intervention strategies and modifications of the environment and staff behavior to address the symptoms for which the medication is prescribed;

(3) ((Documentation)) There is documentation in the resident record ((is done on)) about the specific symptom or behavior that caused the need for the medication and ((what)) the results of ((the use is)) its use; ((and))

(4) There is documentation ((includes that)) in the resident record that the resident, guardian or legal representative, if any, was informed of the need for the medication((.));

(1) An enhanced services facility must have a specific procedure for deescalating, preventing, and redirecting aggressive and challenging behavior. This protocol must always be the first approach and strategy in resolving behavioral issues((. The protocol)) and must include:

(a) Training on prevention of escalation of behavior before it reaches the stage of physical assault;

(b) Techniques for staff to use in response to challenging client behaviors;

(c) Evaluation of the safety of the physical environment;

(d) Issues of respect and dignity of the resident; and

(e) Use of the least restrictive physical and behavioral interventions depending upon the situation((;)).

(2) If the facility uses holding techniques ((as a last resort)) to physically restrain residents in emergency situations and as part of behavioral intervention protocols, the facility must:

(a) Ensure that all staff authorized to use holding techniques receive department-approved training on specific techniques prior to using them;

(c) Use other established resident-specific behavioral interventions first to attempt to deescalate the situation;

(((b))) (d) Limit the holding technique to specific emergent situations where behavioral interventions have not been successful in deescalating a situation and the resident is at imminent risk of harm to self or others due to aggressive behavior;

(((c))) (e) Limit the ((time used)) duration of the holding technique to only until the arrival of emergency personnel ((and/))or the emergency ceases;

(((d))) (f) Release residents from the holding technique as soon as possible;

(((e))) (g) Instruct observers on how to ((support)) recognize signs of((:

(i))) distress by the ((client; and

(ii))) resident and fatigue by the staff((.)); and

(((f))) (h) Document:

(i) The reason for use of the holding technique;

(ii) Other behavioral interventions attempted prior to the use of the holding technique;

(iii) The duration of the use of the holding technique; ((and))

(iv) The assessment by a qualified assessor; and

(v) The condition of the resident at the time of release from the holding technique.

(1) For the purposes of this section, "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, required to treat the resident's medical symptoms. The enhanced services facility must ensure:

(2) Each resident has the right to be free from physical and chemical restraints used for discipline, behavioral intervention, or staff convenience;

(3) That physical restraints are used only during infrequent and episodic occurrences for the protection of the ((individual)) resident during delivery of medical care or treatment((.));

(4) That before using the physical restraint, the least restrictive alternatives have been tried and documented, and such restraint is deemed required to temporarily protect the resident from harming ((themselves)) himself or herself or others during the medical care or treatment;

(5) That before physical restraints are used, the resident has been assessed as needing the restraint to treat the emergent medical symptoms or provide the medical care, and to prevent the resident from self-harm((; and)) and all of the following has been met:

(a) The resident or resident representative has given informed consent for the use of physical restraints for medical purposes;

(b) The ((treatment)) person-centered service team has been consulted and evaluated the resistance to medical care; and

(((b))) (c) The ((documentation has been updated to include)) use of positive interventions and supports ((used.)) has been documented;

(6) That if physical restraints are used, the restraints are episodic and infrequently applied and ((immediately supervised on-site by a)) that any of the following licensed health professionals is in the facility and are quickly and easily available:

(a) Licensed registered nurse;

(b) Licensed practical nurse; or

(c) Licensed physician; and

(7) When any physical restraint is used ((per (3) above)) in accordance with this section, the following is required:

(a) A staff person who is ((in the presence of)) either a licensed or registered nurse, mental health professional, certified nursing assistant, or certified home care aide, must be with the resident at all times when the restraint is in use;

(b) ((A physician's order is obtained within one hour)) The facility must obtain a physician's order within one hour authorizing the use of restraint and the order includes treatments to resolve the emergency situation and eliminate the need for the restraint;

(c) ((The order must includes treatments to assist in resolving the emergency situation and eliminating the need for the restraint;

(d))) Behavioral consultation ((is)) must be obtained within two hours;

(((e))) (d) Resident ((is)) must be released immediately upon the cessation of the behavior that preceded the need for restraint((.));

(((f))) (e) The restraint ((is)) must be removed immediately at the conclusion of the medical emergency, treatment, or procedure;

(((g))) (f) The enhanced services facility must immediately self-report((s within twenty-four hours the use of the physical restraint for medical purposes to the complaint resolution unit; and)) the use of the physical restraint for medical purposes to the complaint resolution unit (CRU) and for the purposes of this regulation "immediately" means there should be no delay between staff awareness of the occurrence and reporting to the CRU unless the situation is unstable in which case reporting should occur as soon as the safety of all residents is assured;

(((h))) (g) The use of the physical restraint ((is)) must be documented with the following:

(i) ((On)) A description that the specific medical issue ((that)) caused the need for restraint and what the resident needs to do or stop doing in order to discontinue the use of the restraint; and

(ii) ((That)) A statement that demonstrates that the resident, guardian or legal representative, if any, was informed of the need for restraint; and

(((i))) (h) The ((treatment)) person-centered service planning team ((will)) must consult within ((twenty four)) seventy-two hours to determine less intrusive methods to meet the resident's needs for future care.

The enhanced services facility must provide or contract out food services for residents. If the facility chooses to contract out the food service, the contracted services must meet all of the applicable food codes and requirements.

(1) The enhanced services facility must:

(a) Provide a minimum of three meals a day;

(b) Provide snacks((;

(i))) between meals and in the evening at regular intervals((; and

(ii))) with no more than fourteen hours between the evening meal and breakfast((,)) unless the ((enhanced services)) facility provides a nutritious snack after the evening meal and before breakfast((.));

(c) Provide access to fluids and snacks at all times;

(d) Provide sufficient time and staff support for residents to consume meals;

(e) Ensure all menus:

(i) Are written at least one week in advance and delivered to residents' rooms or posted where residents can see them, except as specified in subsection (1)(h) of this subsection;

(ii) Indicate the date, day of week, month, and year;

(iii) Include all food and snacks served that contribute to nutritional requirements;

(iv) Are kept at least six months;

(v) Provide a variety of foods;

(vi) Provide foods at safe and appropriate temperatures; and

(vii) Are not repeated for at least three weeks, except ((that)) breakfast menus ((in enhanced services facilities)) that provide a variety of daily choices of hot and cold foods are not required to have a minimum three-week cycle((.));

(f) Prepare food on-site, or provide food through a contract with a food service establishment located in the vicinity that meets the requirements of chapter 246-215 WAC regarding food service;

(g) Serve nourishing, palatable, and attractively presented meals adjusted for((:)) age, gender and activities, unless medically contraindicated, and individual preferences to the extent reasonably possible;

(h) Substitute foods of equal nutrient value((,)) when changes in the current day's menu are necessary((,)) and record changes on the original menu;

(i) Make available and give residents alternate choices in entrees for midday and evening meals that are of comparable quality and nutritional value((.)); however the enhanced services facility is not required to post alternate choices in entrees on the menu one week in advance, but must record on the menus the alternate choices in entrees that are served;

(j) Develop, make known to residents, and implement a process for residents to express their views and comment on the food services; and

(k) Maintain a dining area or areas approved by the department with a seating capacity for seventy-five percent or more of the residents per meal setting, or ten square feet times the licensed resident bed capacity, whichever is greater.

(2) The enhanced services facility must plan in writing, prepare on-site or provide through a contract with a food service establishment located in the vicinity that meets the requirements of chapter 246-215 WAC, and serve to each resident as ordered:

(a) Prescribed general low sodium, general diabetic, and mechanical soft food diets according to a diet manual((. The enhanced services facility must)) and ensure the diet manual is:

(i) Available to and used by staff persons responsible for food preparation;

(ii) Approved by a dietitian; and

(iii) Reviewed and updated as necessary or at least every five years((.)); and

(b) Prescribed nutrient concentrates and supplements when prescribed in writing by a health care practitioner.

(3) The enhanced services facility may provide to a resident at his or her request and as agreed upon in the resident's comprehensive ((individual treatment)) person-centered service plan, nonprescribed:

(a) Modified or therapeutic diets; and

(b) Nutritional concentrates or supplements.

(4) The enhanced services facility must have a means for those residents whose ((individual treatment)) person-centered service plan indicates they have the ability to make or select their own snacks and beverages an opportunity to do so without having to ask a staff member for assistance.

(1) The enhanced services facility must:

(a) Maintain clinical records on each resident in accordance with accepted professional standards and practices that are:

(i) Complete;

(ii) Accurately documented;

(iii) Readily accessible; and

(iv) Systematically organized.;

(b) Safeguard clinical record information against alteration, loss, destruction, and unauthorized use; and

(c) Keep confidential all information contained in the resident's records, regardless of the form or storage method of the records, except when release is required by:

(i) Transfer to another health care institution;

(ii) Law; or

(iii) The resident.

(2) The enhanced services facility must ensure the clinical record of each resident includes ((at least)) a minimum of the following:

(a) Resident identification and sociological data, including the name and address of the individual or individuals the resident designates as significant;

(b) Medical information;

(c) Physician's orders;

(d) Assessments;

(e) ((Individual treatment)) Person-centered service plans;

(f) Services provided;

(g) Progress notes;

(h) Medications administered;

(i) Consents, authorizations, releases;

(j) Allergic responses;

(k) Laboratory, X ray, and other findings; and

(l) Other records as appropriate.

(3) The enhanced services facility must maintain resident records and preserve their confidentiality in accordance with applicable state and federal statutes and rules, including chapters 70.02 and 70.96A RCW.

The enhanced services facility must ensure that:

(1) The facility is designed to provide ((the level of)) safety and security appropriate for the specific type of service or program provided as well as the age level, acuity, and risk of the residents served (((e.g.,)) for geriatric, acute psychiatric, or forensic(().)) residents; and

(2) ((Facility spaces accessible to residents must be designed to minimize locations where residents are out of the line of sight of staff.

(3))) All rooms with lockable doors, including but not limited to resident sleeping rooms and bathrooms, have a readily accessible means of rapid access for ((all)) appropriate staff.

The facility must ensure that each resident sleeping room:

(1) ((Meets the following standards:

(a))) Has a maximum capacity of one resident((.));

(((b))) (2) May be locked by the resident provided that:

(c))) (3) Has a minimum clear floor area of ((100)) eighty square feet((.)) and meets the needs of the resident;

(((d))) (4) Has one or more outside windows that:

(((i))) (a) If used for ventilation, are easily opened;

(((ii))) (b) Have ((break-away)) adjustable shades, blinds, or equivalent installed for visual privacy and are designed to meet the safety needs of the resident; ((and

(2))) (5) Is adjacent to bathing and toilet facilities;

(((3))) (6) Is designed to offer visual privacy from casual observation by other residents and visitors((.)) and the design for privacy must not restrict resident access to the entrance, handwashing station, or toilet((.));

(((4))) (7) Is accessible, clean, and well-maintained with sufficient space, light, and comfortable furnishings for sleeping and personal activities including, but not limited to:

(a) A minimum of a three-foot clear access aisle from the entry door, along at least one side of the bed, and in front of all storage equipment;

(b) Enough room for medical equipment and for a resident to move about freely with mobility aides, such as wheelchairs, if applicable as assessed by resident need; ((and))

(c) Direct access to a hallway, living room, lounge, the outside, or other common use area without going through a laundry or utility area, a bath or toilet room, or another resident's bedroom((.)); and

(((5))) (8) Is equipped with:

(a) One or more waste containers;

(b) Furniture appropriate for the age and physical condition of each resident, including but not necessarily limited to:

(i) A chair, which may be used in either the bedroom or a group room interchangeably;

(ii) A bed of appropriate length and size that is thirty-six or more inches wide with a mattress that fits the bed frame, is in good condition, and is at least four inches thick unless otherwise requested or necessary for resident health or safety; and

(iii) A lockable storage space accessible to each resident for storage of small personal items, upon request.

The facility must provide access to a bathtub or shower for every resident. ((The facility will ensure that bathing facilities are designed and located for resident convenience and privacy.)) The facility must ensure:

(1) Bathing facilities are designed and located for resident convenience and privacy;

(2) At least one bathing unit for every four residents, or fraction thereof, who are located in a resident room without an adjoining bathroom;

(((2))) (3) Access to at least one bathing device for immersion;

(((3))) (4) Access to at least one roll-in shower or equivalent on each resident care unit:

(a) Designed and equipped for unobstructed ease of shower chair entry and use;

(b) With a spray attachment equipped with a backflow prevention device;

(c) ((One)) With one-half inch or less threshold that may be a collapsible rubber water barrier; and

(d) ((A)) With a minimum nominal (rough-framed) size of thirty-six inches by forty-eight((.));

(((4))) (5) Resident bathing equipment is smooth, cleanable, and able to be disinfected after each use((.));

(((5))) (6) In each bathing unit containing more than one bathing facility:

(a) Each bathtub, shower, or equivalent, is located in a separate room or compartment with three solid walls;

(b) The entry wall may be a ((break-away "shower" type)) shower curtain or equivalent that is designed to meet the safety needs of the resident;

(c) The area for each bathtub and shower is sufficient to accommodate a shower chair, an attendant, and provide visual privacy for bathing, drying, and dressing;

(d) All shower and tub surfaces are slip-resistant; and

(e) All bathing areas are constructed of materials that are impervious to water and cleanable((.));

(((6))) (7) Common bathing facilities must comply with the state building code requirements for accessible bathing facilities((.));

(((7) Grab bar(s))) (8) One or more grab bars must be installed to prevent fall and injury in bathing facilities in nonaccessible resident rooms((.)); and

(((8) Grab bar(s))) (9) One or more grab bars in accessible bathing rooms must be installed according to the state building code requirements for accessible bathing rooms.

(1) ((A)) The enhanced services facility must provide a safe, protected outdoor area for resident use.

(2) The facility must ensure the outdoor area:

(a) Has areas protected from direct sunshine and rain throughout the day;

(b) ((Is accessible from the floor or story)) Can be accessed by the resident ((resides on and));

(c) Has walking surfaces ((which)) that are firm, stable, and free from cracks and abrupt changes with a maximum of one inch between the sidewalk and adjoining landscape areas;

(((c))) (d) Has sufficient space and outdoor furniture provided with flexibility in arrangement of the furniture to accommodate residents who use wheelchairs and mobility aids;

(((d))) (e) Contains nonpoisonous shrubs, natural foliage, and trees;

(((e))) (f) Is surrounded by walls or fences at least seventy-two inches high; and

(((f))) (g) If used as a resident courtyard, the outdoor area must not be used for public or service deliveries.

(1) The enhanced services facility must be designed to prevent injury and ((suicide prevention, with special design considerations to details, finishes, and equipment. The facility must ensure:)) promote resident safety.

(((1) Ceilings)) (2) The facility must ensure that:

(a) ((In resident bathrooms are secured to prevent resident access. Ceiling systems of a nonsecured (nonclipped down) lay-in ceiling tile design are not permitted.

(a))) Doorways are at least ((36")) thirty-six inches wide;

(b) Door swings for private resident bathrooms or shower areas swing out to allow for staff emergency access((.));

(((i))) (c) Door closers ((will)) are not be used unless required by the building code((.)) and if required on the resident room door, the closer ((will)) must be mounted on the public side of the door rather than the private resident's side of the door((.));

(a))) (d) Special design considerations for resident safety and injury ((and suicide)) prevention ((must be)) are given to shower, bath, toilet, and sink hardware and accessories, including grab bars and toilet paper holders((.)); and

(((b))) (e) Grab bars((:

(8) An overall design for antiligature including, but not limited to, grab bars, towel hooks, levers, handles, sprinkler heads, and other protrusions.

When an enhanced services facility's functional program states that it plans to admit a resident, or the licensee or applicant identifies a current resident who is at risk of suicide or self-harm, or both the licensee or applicant must submit a risk assessment to the department of health construction review services, identifying the risks in the physical environment. The licensee or applicant must ensure that the facility meets all or part of the following standards as determined by the department of health's review of the risk assessment:

(1) Ceilings in resident bathrooms are secured to prevent resident access and ceiling systems of a non-secured (non-clipped down) lay-in ceiling tile design are not permitted;

(2) Ceilings in resident bedrooms and bathrooms are designed to eliminate tie-off point(s) or are at least nine feet in height;

(3) Door swings for private resident bathrooms or shower areas swing out to allow for staff emergency access;

(4) Door closers are not used unless required by the building code and if required on the resident room door, the closer must be mounted on the public side of the door rather than the private resident's side of the door;

(5) Door hinges are designed to minimize points for hanging, such as cut hinge type, and are consistent with the level of care for the resident;

(6) Door lever handles are specifically designed anti-ligature hardware and all hardware has tamper-resistant fasteners;

(7) Windows located in areas accessible to residents are designed to limit the opportunities for breakage;

(8) All glazing, both interior and exterior, and glass mirrors are fabricated with laminated safety glass or equivalent;

(9) Use of tempered glass for interior windows is permitted;

(10) Break-away window coverings are used for visual privacy;

(11) Special design considerations for injury and suicide prevention must be given to shower, bath, toilet, and sink hardware and accessories, including grab bars and toilet paper holders;

(12) Towel bars and shower curtain rods are not permitted;

(13) Where grab bars are provided in resident rooms, resident toilet rooms, resident bathing rooms or other nonpublic space, the space between the bar and the wall must be filled to prevent the grab bar from becoming a ligature point; and

(14) The facility must include an overall design for anti-ligature including, but not limited to, grab bars, towel hooks, levers, handles, sprinkler heads, and other protrusions that meet the following criteria:

(a) In unsupervised resident areas, sprinkler heads must be recessed or of a design to minimize resident access;

(b) In resident bathrooms, lighting fixtures, sprinkler heads, electrical outlets, and other fixtures must be the tamper-resistant type;

(c) Call system may not use cords; and

(d) All hardware fixtures that are fastened with exposed fasteners must use tamper resistant screws.

The facility must provide the following:

(1) ((Provide:

(a))) Water meeting the provisions of chapter 246-290 WAC, Group A public water supplies or chapter 246-291 WAC, Group B public water systems;

(((b))) (2) Hot and cold water under adequate pressure readily available throughout the enhanced services facility;

(((c))) (3) Labels or color codes for nonpotable water supplies as "unsafe for domestic use((.))";

(((2) Provide)) (4) Faucet controls in lavatories and sinks with:

(a) ((Either antiligature fixtures or fixtures)) Fixtures with at least four-inch wrist blades or single-levers based on a risk assessment made by the facility;

(b) Sufficient space for full open and closed operation; and

(c) Color-coding and labels to indicate "hot" and "cold((.))";

(((3) Ensure that all)) (5) Lavatories and sinks that have gooseneck spouts((, without aerators in areas requiring infection control. Locations determined by the facility's risk assessment must be permitted to have antiligature devices.)) and do not have aerators in areas that require infection control; and

(((4) Provide shower heads that are of the flash-mounted type)) (6) Flush-mounted shower heads.

The facility must ensure:

(1) Ventilation of all rooms is designed to prevent objectionable odors, condensation, and direct drafts on the residents;

(2) All habitable space is mechanically ventilated including air supply and air exhaust systems;

(3) ((Installation of air-handling duct systems according to the requirements of the International Mechanical Code and)) All heating, ventilation, and air conditioning equipment complies with the requirements of the state building code, chapter 51-52 WAC;

(4) ((Installation of supply registers and return air grilles at least three inches above the floor;

(6))) Outdoor air intakes are located a minimum of twenty-five feet from the exhaust from any ventilating system, combustion equipment, or areas which may collect vehicular exhaust and other noxious fumes, and a minimum of ten feet from plumbing vents((.)); and

(5) The facility must locate the bottom of outdoor air intakes serving central systems a minimum of three feet above the adjoining grade level or, if installed through the roof, three feet above the highest adjoining roof level.

The licensee must ensure the administrator:

(1) Directs and supervises the overall twenty-four hour per day operation of the enhanced services facility;

(2) Ensures residents receive the care and services identified in their ((individual treatment)) person-centered service plans and assessments;

(3) Is readily accessible to meet with residents;

(4) Complies with the enhanced services facility's policies; and

(5) When not available ((on the premises, either:

(b) Designates a person approved by the licensee to act in place of the administrator. The designee must be)) at the facility, is either available by telephone or has designated a person approved by the licensee to act in place of the administrator who is:

(((i))) (a) Qualified by experience to assume designated duties; and

(((ii))) (b) Authorized to make necessary decisions and direct operations of the enhanced services facility during the administrator's absence.