AN ACT Relating to
registration of adult family home providers and resident managers; amending RCW
70.128.120, 18.48.010, and 18.48.020; reenacting and amending RCW 18.130.040;
adding new sections to chapter 18.48 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.128.120 and 1995
1st sp.s. c 18 s 117 are each amended to read as follows:
((An)) Each
adult family home provider and each resident manager shall have the
following minimum qualifications:
(1) Twenty-one years of
age or older;
(2) Good moral and
responsible character and reputation;
(3) Literacy;
(4) Management and
administrative ability to carry out the requirements of this chapter;
(5) Satisfactory
completion of department-approved initial training and continuing education
training as specified by the department in rule;
(6) Satisfactory
completion of department-approved, or equivalent, special care training before
a provider may provide special care services to a resident;
(7) Not been convicted
of any crime listed in RCW 43.43.830 and 43.43.842; and
(8) Effective July 1,
1996, registered with the department of health.
Sec. 2. RCW 18.48.010 and 1995 c
260 s 7 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1)
"Secretary" means the secretary of the department of health.
(2) "Adult family
home" means a regular family abode of a person or persons who provide
personal care, special care, room, and board to more than one but not more than
six adults who are not related by blood or marriage to the person or persons
providing the services.
(3) (("Operator"
means a provider who is licensed under chapter 70.128 RCW to operate an adult
family home.
(4)
"Person" includes an individual, firm, corporation, partnership, or
association)) "Resident
manager" means a person who is employed or otherwise is contracted with by
the provider to manage the adult family home.
(4)
"Provider" means any person who is licensed under chapter 70.128 RCW
to operate an adult family home. For the purposes of this section,
"person" means any individual, partnership, corporation, association,
or limited liability company.
NEW SECTION. Sec.
3. A new section is added
to chapter 18.48 RCW to read as follows:
A provider who operates
more than one adult family home must register for each separate location.
Sec. 4. RCW 18.48.020 and 1995 c
260 s 8 are each amended to read as follows:
((A person who
operates an adult family home shall register the home with the secretary. Each
separate location of the business of an adult family home shall have a separate
registration.)) (1) The secretary shall register adult family home
providers and resident managers.
(2) The
secretary, by policy or rule, shall define terms and establish
forms and procedures for ((the processing of operator)) registration
applications, including the payment of registration fees pursuant to RCW
43.70.250. An application for an adult family home ((operator)) resident
manager or provider registration shall include at least the following
information:
(((1))) (a)
((The names and addresses of the operator of the adult family home)) Name
and address; and
(((2))) (b)
If the ((operator)) provider is a corporation, copies of its
articles of incorporation and current bylaws, together with the names and
addresses of its officers and directors.
((A registration
issued by the secretary in accordance with this section shall remain effective
for a period of one year from the date of its issuance unless the registration
is revoked or suspended pursuant to RCW 18.48.030, or unless))
(3) The secretary
shall adopt policies or rules to establish the registration periods, fees, and
procedures. If the adult family home is sold or ownership or management is
transferred, ((in which case)) the registration ((of the home))
shall be voided and the ((operator)) provider and resident manager
shall apply for a new registration.
Sec. 5. RCW 18.130.040 and 1995
c 336 s 2, 1995 c 323 s 16, 1995 c 260 s 11, and 1995 c 1 s 19 (Initiative
Measure No. 607) are each reenacted and amended to read as follows:
(1) This chapter
applies only to the secretary and the boards and commissions having
jurisdiction in relation to the professions licensed under the chapters
specified in this section. This chapter does not apply to any business or
profession not licensed under the chapters specified in this section.
(2)(a) The secretary
has authority under this chapter in relation to the following professions:
(i) Dispensing
opticians licensed under chapter 18.34 RCW;
(ii) Naturopaths
licensed under chapter 18.36A RCW;
(iii) Midwives licensed
under chapter 18.50 RCW;
(iv) Ocularists
licensed under chapter 18.55 RCW;
(v) Massage operators
and businesses licensed under chapter 18.108 RCW;
(vi) Dental hygienists
licensed under chapter 18.29 RCW;
(vii) Acupuncturists
licensed under chapter 18.06 RCW;
(viii) Radiologic
technologists certified and x-ray technicians registered under chapter 18.84
RCW;
(ix) Respiratory care
practitioners certified under chapter 18.89 RCW;
(x) Persons registered
or certified under chapter 18.19 RCW;
(xi) Persons registered
as nursing pool operators under chapter 18.52C RCW;
(xii) Nursing
assistants registered or certified under chapter 18.79 RCW;
(xiii) Health care
assistants certified under chapter 18.135 RCW;
(xiv) Dietitians and
nutritionists certified under chapter 18.138 RCW;
(xv) Sex offender
treatment providers certified under chapter 18.155 RCW;
(xvi) Persons licensed
and certified under chapter 18.73 RCW or RCW 18.71.205;
(xvii) Persons
registered as adult family home ((operators)) providers and resident
managers under RCW 18.48.020; and
(xviii) Denturists
licensed under chapter 18.30 RCW.
(b) The boards and
commissions having authority under this chapter are as follows:
(i) The podiatric
medical board as established in chapter 18.22 RCW;
(ii) The chiropractic
quality assurance commission as established in chapter 18.25 RCW;
(iii) The dental
quality assurance commission as established in chapter 18.32 RCW;
(iv) The board on
fitting and dispensing of hearing aids as established in chapter 18.35 RCW;
(v) The board of
examiners for nursing home administrators as established in chapter 18.52 RCW;
(vi) The optometry
board as established in chapter 18.54 RCW governing licenses issued under
chapter 18.53 RCW;
(vii) The board of
osteopathic medicine and surgery as established in chapter 18.57 RCW governing
licenses issued under chapters 18.57 and 18.57A RCW;
(viii) The board of
pharmacy as established in chapter 18.64 RCW governing licenses issued under
chapters 18.64 and 18.64A RCW;
(ix) The medical
quality assurance commission as established in chapter 18.71 RCW governing
licenses and registrations issued under chapters 18.71 and 18.71A RCW;
(x) The board of
physical therapy as established in chapter 18.74 RCW;
(xi) The board of
occupational therapy practice as established in chapter 18.59 RCW;
(xii) The nursing care
quality assurance commission as established in chapter 18.79 RCW governing
licenses issued under that chapter;
(xiii) The examining
board of psychology and its disciplinary committee as established in chapter
18.83 RCW; and
(xiv) The veterinary
board of governors as established in chapter 18.92 RCW.
(3) In addition to the
authority to discipline license holders, the disciplining authority has the
authority to grant or deny licenses based on the conditions and criteria
established in this chapter and the chapters specified in subsection (2) of
this section. This chapter also governs any investigation, hearing, or
proceeding relating to denial of licensure or issuance of a license
conditioned on the applicant's compliance with an order entered pursuant to RCW
18.130.160 by the disciplining authority.
(4) All disciplining
authorities shall adopt procedures to ensure substantially consistent
application of this chapter, the uniform disciplinary act, among the
disciplining authorities listed in subsection (2) of this section.
NEW SECTION. Sec.
6. A new section is added
to chapter 18.48 RCW to read as follows:
A multiple facility
operator must successfully demonstrate to the department financial solvency and
management experience for the homes under its ownership and the ability to meet
other relevant safety, health, and operating standards pertaining to the
operation of multiple homes, including ways to mitigate the potential impact of
vehicular traffic related to the operation of the homes.
NEW
SECTION. Sec. 7. This act shall take
effect July 1, 1996.
