AN ACT Relating to
adult family home licensing and operation; and amending RCW 70.128.005,
70.128.010, 70.128.040, 70.128.060, 70.128.120, and 70.128.130; reenacting and
amending RCW 18.130.040; adding a new chapter to Title 18 RCW; and providing an
effective date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.128.005 and 1989
c 427 s 14 are each amended to read as follows:
The legislature finds
that adult family homes are an important part of the state's long-term care
system. Adult family homes provide an alternative to institutional care and
promote a high degree of independent living for residents. Persons with
functional limitations have broadly varying service needs. Adult family homes
that can meet those needs are an essential component of a long-term system.
The legislature further finds that different populations living in adult family
homes, such as the developmentally disabled and the elderly, often have
significantly different needs and capacities from one another.
It is the
legislature's intent that department rules and policies relating to the
licensing and operation of adult family homes recognize and accommodate the
different needs and capacities of the various populations served by the homes.
Furthermore, the development and operation of adult family homes that can
provide quality personal care and special care services should be encouraged.
Sec. 2. RCW 70.128.010 and 1989
c 427 s 16 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Adult family
home" means a regular family abode ((of)) in which a person
or persons ((who are providing)) provide personal care, special
care, room, and board to more than one but not more than ((four)) six
adults who are not related by blood or marriage to the person or persons
providing the services((; except that a maximum of six adults may be
permitted if the department determines that the home is of adequate size and
that the home and the provider are capable of meeting standards and
qualifications as provided for in this act)).
(2)
"Provider" means any person who is licensed under this chapter to
operate an adult family home. ((The provider shall reside at the adult
family home, except that exceptions may be authorized by the department for
good cause, as defined in rule.)) For the purposes of this section,
"person" means any individual, partnership, corporation, association,
or limited liability company.
(3)
"Department" means the department of social and health services.
(4)
"Resident" means an adult in need of personal or special care in an
adult family home who is not related to the provider.
(5) "Adults"
means persons who have attained the age of eighteen years.
(6) "Home"
means an adult family home.
(7) "Imminent
danger" means serious physical harm to or death of a resident has
occurred, or there is a serious threat to resident life, health, or safety.
(8) "Special
care" means care beyond personal care as defined by the department, in
rule.
(9)
"Capacity" means the maximum number of persons in need of personal or
special care permitted in an adult family home at a given time. This number
shall include related children or adults in the home and who received special
care.
Sec. 3. RCW 70.128.040 and 1989
c 427 s 18 are each amended to read as follows:
(1) The department
shall adopt rules and standards with respect to ((all)) adult family
homes and the operators thereof to be licensed under this chapter to carry out
the purposes and requirements of this chapter. The rules and standards
relating to applicants and operators shall address the differences between
individual providers and providers that are partnerships, corporations, associations,
or companies. The rules and standards shall also recognize and be appropriate
to the different needs and capacities of the various populations served by
adult family homes such as but not limited to the developmentally disabled and
the elderly. In developing rules and standards the department shall
recognize the residential family-like nature of adult family homes and not
develop rules and standards which by their complexity serve as an overly
restrictive barrier to the development of the adult family homes in the state.
Procedures and forms established by the department shall be developed so they
are easy to understand and comply with. Paper work requirements shall be
minimal. Easy to understand materials shall be developed for ((homes)) applicants
and providers explaining licensure requirements and procedures.
(2) In developing
the rules and standards, the department shall consult with all divisions and
administrations within the department serving the various populations living in
adult family homes, including the division of developmental disabilities and
the aging and adult services administration. Involvement by the divisions and
administration shall be for the purposes of assisting the department to develop
rules and standards appropriate to the different needs and capacities of the
various populations served by adult family homes. During the initial
stages of development of proposed rules, the department shall provide notice of
development of the rules to organizations representing adult family homes and
their residents, and other groups that the department finds appropriate. The
notice shall state the subject of the rules under consideration and solicit
written recommendations regarding their form and content.
(3) Except where provided
otherwise, chapter 34.05 RCW shall govern all department rule-making and
adjudicative activities under this chapter.
Sec. 4. RCW 70.128.060 and 1989
c 427 s 20 are each amended to read as follows:
(1) An application for
license shall be made to the department upon forms provided by it and shall
contain such information as the department reasonably requires.
(2) The department
shall issue a license to an adult family home if the department finds that the
applicant and the home are in compliance with this chapter and the rules
adopted under this chapter((; and that)), unless (a) the
applicant has ((no)) prior violations of this chapter relating to the
adult family home subject to the application or any other adult family home, or
of any other law regulating residential care facilities within the past five
years that resulted in revocation or nonrenewal of a license; or (b) the
applicant has a history of significant noncompliance with federal, state, or
local laws, rules, or regulations relating to the provision of care or services
to vulnerable adults or to children.
(3) The license fee
shall be submitted with the application.
(4) The department
shall serve upon the applicant a copy of the decision granting or denying an
application for a license. An applicant shall have the right to contest denial
of his or her application for a license as provided in chapter 34.05 RCW by
requesting a hearing in writing within ((ten)) twenty-eight days
after receipt of the notice of denial.
(5) ((A provider
shall not be licensed for more than one adult family home. Exceptions may be
authorized by the department for good cause, as defined in rule. The
department shall submit to appropriate committees of the legislature, by
December 1, 1991, a report on the number and type of good cause exceptions
granted.
(6))) The department shall not issue a license to
a provider if the department finds that the provider or any partner, officer,
director, managerial employee, or owner of five percent or more if the provider
has a history of significant noncompliance with federal or state regulations,
rules, or laws in providing care or services to vulnerable adults or to
children.
(6) The department
shall license an adult family home for the maximum level of care that the adult
family home may provide. The department shall define, in rule, license levels
based upon the education, training, and caregiving experience of the licensed
provider or staff.
(7) The department
shall establish, by rule, standards used to license nonresident providers and
multiple facility operators.
(8) The department
shall establish, by rule, for multiple facility operators educational standards
substantially equivalent to recognized national certification standards for
residential care administrators.
(9) The license
fee shall be set at fifty dollars per year for each home. A fifty dollar
processing fee shall also be charged each home when the home is initially
licensed.
Sec. 5. RCW 70.128.120 and 1989
c 427 s 24 are each amended to read as follows:
An adult family home
provider shall have the following minimum qualifications:
(1) Twenty-one years of
age or older;
(2) Good moral and
responsible character and reputation;
(3) Literacy; ((and))
(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) Registered with
the department of health.
Sec. 6. RCW 70.128.130 and 1989
c 427 s 26 are each amended to read as follows:
(1) Adult family homes
shall be maintained internally and externally in good repair and condition.
Such homes shall have safe and functioning systems for heating, cooling, hot
and cold water, electricity, plumbing, garbage disposal, sewage, cooking,
laundry, artificial and natural light, ventilation, and any other feature of
the home.
(2) Adult family homes
shall be maintained in a clean and sanitary manner, including proper sewage
disposal, food handling, and hygiene practices.
(3) Adult family homes
shall develop a fire drill plan for emergency evacuation of residents, shall
have smoke detectors in each bedroom where a resident is located, shall have
fire extinguishers on each floor of the home, and shall not keep nonambulatory
patients above the first floor of the home.
(4) Adult family homes
shall have clean, functioning, and safe household items and furnishings.
(5) Adult family homes
shall provide a nutritious and balanced diet and shall recognize residents'
needs for special diets.
(6) Adult family homes
shall establish health care procedures for the care of residents including
medication administration and emergency medical care.
(a) Adult family home
residents shall be permitted to self- administer medications.
(b) Adult family home
providers may administer medications and deliver special care only to the
extent ((that the provider is a licensed health care professional for whom
the administration of medications is within the scope of practice under
Washington)) authorized by law.
(7) Adult family
home providers shall either: (a) Reside at the adult family home; or (b)
employ or otherwise contract with a qualified resident manager to reside at the
adult family home. The department may exempt, for good cause, a provider from
the requirements of this subsection by rule.
(8) A provider will
ensure that any volunteer, student, employee, or person residing within the
adult family home who will have unsupervised access to any resident shall not
have been convicted of a crime listed under RCW 43.43.830 or 43.43.842. Except
that a person may be conditionally employed pending the completion of a
criminal conviction background inquiry.
(9) A provider shall
offer activities to residents under care as defined by the department in rule.
(10) An adult family
home provider shall ensure that staff are competent and receive necessary
training to perform assigned tasks.
NEW SECTION. Sec.
7. 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.
NEW SECTION. Sec.
8. 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.
The secretary, by rule,
shall 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
registration shall include at least the following information:
(1) The names and
addresses of the operator of the adult family home; and
(2) If the operator 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 section 9 of this act, or unless 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 shall apply for a
new registration.
NEW SECTION. Sec.
9. The uniform disciplinary
act, chapter 18.130 RCW, shall govern the issuance and denial of registration
and the discipline of persons registered under this chapter. The secretary
shall be the disciplinary authority under this chapter.
NEW SECTION. Sec.
10. Sections 7 through 9 of
this act shall constitute a new chapter in Title 18 RCW.
Sec. 11. RCW 18.130.040 and 1994
sp.s. c 9 s 603 and 1994 c 17 s 19 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
certified 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; ((and))
(xvi) Persons licensed
and certified under chapter 18.73 RCW or RCW 18.71.205; and
(xvii) Persons
registered as adult family home operators under section 8 of this act.
(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;
(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.
NEW SECTION. Sec.
12. Sections 7 through 11 of
this act shall take effect January 1, 1996.
