A person must ((possess))have a current ((birth))birthing center license issued by the department before advertising, operating, managing, conducting, opening or maintaining a birthing center unless exempt under chapter 18.46 RCW. A ((birth))birthing center applicant working towards licensure may begin advertising via website or other means provided that language clearly communicates that the center is not currently licensed.

(1) Application for license. An applicant for initial licensure of a birthing center ((must))shall:

(a) Submit a completed application on forms provided by the department;

(b) Submit disclosure statements and criminal history background checks no older than three months preceding the application date for the administrator, owner and director of services in accordance with RCW 43.43.830 through 43.43.845;

(c) Submit the following information:

(i) Name of managing personnel, officers, administrator, director of services, and partners or individuals owning 10 percent or more of the applicant's voting stock;

(ii) A description of the organizational structure;

(iii) A copy of the current business license(s);

(d) Submit evidence of completion of the department's construction review process;

(e) Submit evidence of compliance with local codes and ordinances;

(f) Submit evidence of approval of the state fire marshal as required per RCW 18.46.110;

(g) Submit evidence that a certificate of occupancy by the local building official has been approved and issued;

(h) Submit other information as required by the department;

(i) Submit fees ((as specified in))under WAC 246-329-990;

(j) Develop and approve policies and procedures addressing the content of this chapter; and

(k) Meet the requirements of this chapter as determined by an initial survey conducted by the department.

(2) License renewal. (((a))) A license, unless suspended or revoked, must be renewed annually.

(a) A licensee shall submit an application((s)) for renewal ((must be)) on forms provided by the department ((and must be filed with the department not less than))at least 30 days prior to expiration ((and)). The application must also include disclosure statements and criminal history background checks no older than three months preceding the renewal date for the administrator, owner, and director of services when these individuals are new to the ((birth))birthing center since initial licensure or last renewal, in accordance with RCW 43.43.830 through 43.43.845.

(b) The department may inspect and investigate each birthing center every ((24))36 months or as needed to determine compliance with these rules and chapter 18.46 RCW.

(c) ((Each))The department shall issue a license ((must be issued)) only for the premises and persons named. ((Licenses must be transferable or assignable only with written approval by the department.))The department must provide written approval before a license may be transferred or assigned to another administrator, owner, or director of services.

(d) ((Licenses must be posted))The birthing center must post the current license in a conspicuous place on the licensed premises.

(3) Change of ownership. At least 30 days prior to changing ownership of a birthing center:

(a) The licensee ((must))shall submit in writing to the department:

(i) The full name, address and phone number of the current and prospective owner;

(ii) The name, address, and phone number of the currently licensed birthing center and the name under which the prospective agency will operate; and

(iii) Date of the proposed change of ownership;

(b) The prospective new owner ((must))shall submit:

(i) Information listed in subsection (1)(b) and (c) of this section; and

(ii) The change of ownership fee ((specified in))under WAC 246-329-990.

(4) The department may conduct a survey after a change of ownership approval to assess the new ownership's delivery of care to patients. The decision to conduct a survey ((would be))is based on department surveys, complaint investigations, and enforcement actions associated with the new owner(s).

This section describes the department's responsibilities in the fulfillment of the requirements of this chapter:

(1) The department may, in accordance with chapter 18.46 RCW:

(a) Issue an initial license for 12 months following submission of a completed application and appropriate fees under WAC 246-329-990, and following a survey that documents the applicant meets all the requirements of this chapter;

(b) Issue a renewal license for the 12-month period following submission of a completed application and appropriate fees under WAC 246-329-990;

(c) Issue a license for change of ownership to the new licensee for the remainder of the current license period following submission of the required information and appropriate fee, under WAC 246-329-990.

(2) The department may:

(a) Conduct surveys and investigations every ((24))36 months or as needed to determine compliance with chapter 18.46 RCW and this chapter. Surveys and investigations may be announced or unannounced;

(b) Investigate any person suspected of((:

(i)))advertising, operating, managing, conducting, opening or maintaining a birthing center without a license unless exempt from licensure under chapter 18.46 RCW; or

(((ii)))(c) Survey a licensee at anytime if the department has reason to believe the licensee is providing unsafe, insufficient, inadequate or inappropriate care;

(((c)))(d) Investigate allegations of noncompliance with RCW 43.43.830 through 43.43.845, when necessary, in consultation with law enforcement personnel;

(((d)))(e) Require licensees to complete additional disclosure statements and background inquiries for an individual associated with the licensee or having direct contact with children under 16 years of age, people with developmental disabilities, or vulnerable adults if the department has reason to believe that offenses specified under RCW 43.43.830 have occurred since completion of the previous disclosure statement and criminal background inquiry; and

(((e)))(f) Issue a statement of deficiencies following a survey which identifies noncompliance with chapter 18.46 RCW and this chapter.

(3) In compliance with RCW 18.46.080:

(4) The department may deny, suspend, or revoke a license if the applicant or licensee fails or refuses to comply with the requirements of chapter 18.46 RCW and these rules. The department's notice of denial, suspension, modification, or revocation of a license must be consistent with RCW 43.70.115. An applicant or license holder has the right to an adjudicative proceeding to contest the decision.

(((4)))(5) The department may prepare and serve upon the licensee or applicant at the earliest practical time a statement of charges following a survey which identifies noncompliance with chapter 18.46 RCW and this chapter. The statement of charges must include a notice that the licensee or applicant may request a hearing to contest the charges.