(2) It is the intent of the legislature:

(a) To promote dignity and comfort for terminally ill patients while maintaining the integrity and safety of health care environments; and

(b) That hospitals, nursing homes, and hospice care centers develop policies consistent with existing Washington law regarding the medical use of cannabis that allow the medical use of cannabis by a qualifying patient with a terminal condition in the facility.

(1) Beginning January 1, 2027, hospitals licensed under chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW, except for nursing homes operated by a residential habilitation center under RCW 71A.20.010, and hospice care centers licensed under chapter 70.127 RCW shall permit the medical use of cannabis by a qualifying patient with a terminal condition, as defined in RCW 70.122.020, in the facility according to the facility's policy. The facility shall establish a policy that permits the medical use of cannabis by a qualifying patient and contains the following elements:

(a) Prohibits smoking or vaping as a method of use, even if smoking or vaping is the qualifying patient's preferred and routine method of use;

(b) Requires the qualifying patient's medical use of cannabis to be included in the patient's medical records;

(c) Requires a qualifying patient with a terminal condition, as defined in RCW 70.122.020, to provide a copy of the patient's valid authorization;

(d) Requires a qualifying patient or a qualifying patient's designated provider to be responsible for acquiring, retrieving, administering, and removing medical cannabis;

(e) Requires medical cannabis to be stored securely at all times in a locked container in the qualifying patient's room, other designated area, or with the qualifying patient's designated provider;

(f) Prohibits health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medical cannabis or retrieving medical cannabis from storage;

(g) Prohibits sharing medical cannabis between patients and visitors; and

(h) Requires all remaining medical cannabis be removed by the qualifying patient or qualifying patient's designated provider upon patient discharge. If a qualifying patient is unable to remove the medical cannabis and does not have a designated provider that is available to remove the medical cannabis, the product shall be disposed of in accordance with the health care facility's policy and procedure governing medical waste.

(2) As applied to hospitals, nothing in subsection (1) of this section applies to a hospital's emergency department, a patient receiving emergency services, or any patient of the hospital who has not been admitted to the hospital to receive inpatient services.

(3) Compliance with this section shall not be a condition for obtaining, retaining, or renewing a hospital, nursing home, or hospice care center license.

(4)(a) If a federal regulatory agency, the United States department of justice, or the federal centers for medicare and medicaid services initiates an enforcement action against a hospital, nursing home, or hospice care center related to the facility's compliance with this section or issues a rule or other notification that expressly prohibits the medical use of cannabis in health care facilities, a hospital, nursing home, or hospice care center may suspend compliance with this section until the regulatory agency, the United States department of justice, or the federal centers for medicare and medicaid services notifies the facility that it may resume permitting the use of medical cannabis within the facility.

(b) (a) of this subsection does not permit a hospital, nursing home, or hospice care center to prohibit patient use of medical cannabis due solely to the fact that cannabis is a Schedule I drug pursuant to the federal uniform controlled substances act, or other federal constraints on the use of medicinal cannabis that were in existence prior to the effective date of this section.

A hospital licensed under this chapter shall establish a policy allowing for the medical use of cannabis in compliance with section 2 of this act.

A nursing home licensed under this chapter shall establish a policy allowing for the medical use of cannabis in compliance with section 2 of this act.

A hospice care center licensed under this chapter shall establish a policy allowing for the medical use of cannabis in compliance with section 2 of this act.