Revised Code of Washington
Chapter 18.20 - Assisted Living Facilities.
18.20.030 - License required.

RCW 18.20.030
License required.

(1) After January 1, 1958, no person shall operate or maintain an assisted living facility as defined in this chapter within this state without a license under this chapter.
(2) An assisted living facility license is not required for the housing, or services, that are customarily provided under landlord-tenant agreements governed by the residential landlord-tenant act, chapter 59.18 RCW, or when housing nonresident individuals who chose to participate in programs or services under subsection (5) of this section, when offered by the assisted living facility licensee or the licensee's contractor. This subsection does not prohibit the licensee from furnishing written information concerning available community resources to the nonresident individual or the individual's family members or legal representatives. The licensee may not require the use of any particular service provider.
(3) Residents receiving domiciliary care, directly or indirectly by the assisted living facility, are not considered nonresident individuals for the purposes of this section.
(4) An assisted living facility license is required when any person other than an outside service provider, under RCW 18.20.380, or family member:
(a) Assumes general responsibility for the safety and well-being of a resident;
(b) Provides assistance with activities of daily living, either directly or indirectly;
(c) Provides health support services, either directly or indirectly; or
(d) Provides intermittent nursing services, either directly or indirectly.
(5) An assisted living facility license is not required for one or more of the following services that may, upon the request of the nonresident, be provided to a nonresident individual: (a) Emergency assistance provided on an intermittent or nonroutine basis; (b) systems, including technology-based monitoring devices, employed by independent senior housing, or independent living units in continuing care retirement communities, to respond to the potential need for emergency services; (c) scheduled and nonscheduled blood pressure checks; (d) nursing assessment services to determine whether referral to an outside health care provider is recommended; (e) making and reminding the nonresident of health care appointments; (f) preadmission assessment for the purposes of transitioning to a licensed care setting; (g) medication assistance which may include reminding or coaching the nonresident, opening the nonresident's medication container, using an enabler, and handing prefilled insulin syringes to the nonresident; (h) falls risk assessment; (i) nutrition management and education services; (j) dental services; (k) wellness programs; (l) prefilling insulin syringes when performed by a nurse licensed under chapter 18.79 RCW; or (m) services customarily provided under landlord-tenant agreements governed by the residential landlord-tenant act, chapter 59.18 RCW.

[ 2012 c 10 § 3; 2011 c 366 § 3; 2004 c 142 § 17; 2003 c 231 § 3; 1957 c 253 § 3.]
NOTES:

Application—2012 c 10: See note following RCW 18.20.010.


Findings—Purpose—Conflict with federal requirements—2011 c 366: See notes following RCW 18.20.020.


Effective dates—2004 c 142: See note following RCW 18.20.020.


Findings—Effective date—2003 c 231: See notes following RCW 18.20.020.

Structure Revised Code of Washington

Revised Code of Washington

Title 18 - Businesses and Professions

Chapter 18.20 - Assisted Living Facilities.

18.20.010 - Purpose.

18.20.020 - Definitions.

18.20.030 - License required.

18.20.040 - Application for license.

18.20.050 - Licenses—Issuance—Renewal—Provisional licenses—Fees—Display—Surrender, relinquishment—Change in licensee—Refusal of renewal, when—Copy of decision.

18.20.090 - Rules, regulations, and standards.

18.20.095 - Resident contact information—Department requirements and duties.

18.20.110 - Inspection of assisted living facilities—Approval of changes or new facilities.

18.20.115 - Quality improvement consultation program—Principles.

18.20.125 - Inspections—Enforcement remedies—Screening—Limitations on unsupervised access to vulnerable adults.

18.20.126 - Screening—Certificates of parental improvement.

18.20.130 - Fire protection—Duties of chief of the Washington state patrol.

18.20.140 - Operating without license—Penalty.

18.20.150 - Operating without license—Injunction.

18.20.160 - Persons requiring medical or nursing care.

18.20.170 - Facilities operated by religious organizations.

18.20.180 - Resident rights.

18.20.184 - Communication system—Telephones and other equipment.

18.20.185 - Complaints—Toll-free telephone number—Investigation and referral—Rules—Retaliation prohibited.

18.20.190 - Department response to noncompliance or violations.

18.20.195 - Disputed violations, enforcement remedies—Informal dispute resolution process.

18.20.210 - License suspension—Noncompliance with support order—Reissuance.

18.20.220 - Residential care contracted services, conversion to—Requirements.

18.20.230 - Training standards review—Proposed enhancements.

18.20.250 - Federal funding programs, opportunities—Secretary's duty to comply.

18.20.270 - Long-term caregiver training.

18.20.280 - General responsibility for each resident.

18.20.290 - Holding a medicaid eligible resident's room or unit—Payment rates.

18.20.300 - Domiciliary care services—Scope of services—Disclosure form.

18.20.305 - Disclosure to nonresidents.

18.20.310 - Assistance with activities of daily living.

18.20.320 - Health support services.

18.20.330 - Intermittent nursing services.

18.20.340 - Resident's family member administers medications or treatment—Written primary or alternate plan—Licensee's duty of care/negligence.

18.20.350 - Preadmission assessment—Initial resident service plan—Respite care.

18.20.360 - Full reassessment of resident.

18.20.370 - Negotiated service agreement.

18.20.380 - Provision of outside services—Licensee's duty of care/negligence.

18.20.390 - Quality assurance committee.

18.20.400 - Correction of violation/deficiency—Not included in facility report.

18.20.410 - Standards for small assisted living facilities—Study.

18.20.415 - Rule-making authority.

18.20.420 - Temporary management.

18.20.430 - Assisted living facility temporary management account.

18.20.440 - Withdrawal from medicaid program—Notice—Duties.

18.20.500 - Information for consumers.

18.20.510 - Work group—Quality metrics.

18.20.520 - Stop placement orders and limited stop placement orders.

18.20.525 - Disaster preparedness plan.

18.20.900 - Severability—1957 c 253.

18.20.901 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.