(1) No later than November 1, 2016, the department shall implement a single set of licensing standards for child care and the early childhood education and assistance program. The department shall produce the single set of licensing standards within the department's available appropriations. The new licensing standards must:

(a) Provide minimum licensing requirements for child care and preschool programs, subject to subsection (2) of this section, which must include a zero tolerance policy for imminent physical harm. Upon violation of the zero tolerance policy, the department shall issue an immediate summary suspension to the licensee;

(b) Rely on the standards established in the early achievers program to address quality issues in participating early childhood programs;

(c) Take into account the separate needs of family care providers, outdoor nature-based child care providers, and child care centers; and

(d) Promote the continued safety of child care settings, and expressly require that the premises of all licensed settings are absent of high-potency synthetic opioids, drug manufacturing equipment, and drug paraphernalia.

(2) In establishing the maximum group sizes and staff-to-child ratios for child care centers, the licensing standards established and implemented by the department must allow for the following periods of mixed-ratio time in which children of different age groups may be combined, provided the staff-to-child ratio and group size designated for the youngest child in the mixed group are maintained:

(a) Except as provided in (b) of this subsection, up to 2.5 hours per day, to be used on a schedule established by the center; and

(b) Up to four hours per day, to be used on a schedule established by the center, if at least 90 minutes of that time is reserved for allowing meal and rest breaks for center staff.

(3) Private schools that operate early learning programs and do not receive state subsidy payments shall be subject to the minimum health and safety standards as defined in RCW 43.216.395(2)(b), the health and safety requirements under chapter 28A.195 RCW, and the requirements necessary to assure a sufficient early childhood education to meet usual requirements needed for transition into elementary school. The state, and any agency thereof, shall not restrict or dictate any specific educational or other programs for early learning programs operated by private schools except for programs that receive state subsidy payments.

(4) For the purposes of this section, the following definitions apply:

(a) "Drug paraphernalia" has the same meaning as in RCW 69.50.4121.

(b) "High-potency synthetic opioids" has the same meaning as in RCW 13.34.030; and

(c) "Imminent physical harm" means the presence of high-potency synthetic opioids or drug manufacturing equipment in the licensed facility or program space.

(5) Nothing in this section creates a private right of action.

The department must waive the early learning program preservice requirement to complete a department-provided orientation when an individual has previously completed the applicable orientation and:

(1) It has been less than five years since completion of the orientation;

(2) The orientation content and licensing process have not substantially changed since the date of completion; and

(3) The individual has not had a break in service either as a licensed child care provider or working in a licensed child care facility.