Revised Code of Washington
Chapter 43.70 - Department of Health.
43.70.081 - Transfer of certain behavioral health-related powers, duties, and functions from the department of social and health services.

RCW 43.70.081
Transfer of certain behavioral health-related powers, duties, and functions from the department of social and health services.

(1) The powers, duties, and functions of the department of social and health services pertaining to licensing and certification of behavioral health provider agencies and facilities, except for state-run mental health institutions, are hereby transferred to the department of health to the extent necessary to carry out the purposes of chapter 201, Laws of 2018. All references to the secretary or the department of social and health services in the Revised Code of Washington shall be construed to mean the secretary of the department of health or the department of health when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the powers, duties, and functions transferred shall be delivered to the custody of the department of health. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services in carrying out the powers, duties, and functions transferred shall be made available to the department of health. All funds, credits, or other assets held by the department of social and health services in connection with the powers, duties, and functions transferred shall be assigned to the department of health.
(b) Any appropriations made to the department of social and health services for carrying out the powers, functions, and duties transferred shall, on July 1, 2018, be transferred and credited to the department of health.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the department of social and health services pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the department of health. All existing contracts and obligations shall remain in full force and shall be performed by the department of health.
(4) The transfer of the powers, duties, functions, and personnel of the department of social and health services shall not affect the validity of any act performed before July 1, 2018.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) On July 1, 2018, all employees of the department of social and health services engaged in performing the powers, functions, and duties transferred to the department of health are transferred to the department of health. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
(7) Positions in any bargaining unit within the department of health existing on July 1, 2018, will not be removed from an existing bargaining unit as a result of this section unless and until the existing bargaining unit is modified by the public employment relations commission pursuant to Title 391 WAC. Nonsupervisory civil service employees of the department of social and health services assigned to the department of health under this section whose positions are within the existing bargaining unit description at the department of health shall become a part of that unit under the provision of chapter 41.80 RCW. The existing bargaining representative of the existing bargaining unit at the department of health shall continue to be certified as the exclusive bargaining representative without the necessity of an election.
(8) The department of health may enter into agreements as necessary with the department of social and health services to carry out the transfer of duties as set forth in chapter 201, Laws of 2018.

[ 2018 c 201 § 10002.]
NOTES:

Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.70 - Department of Health.

43.70.005 - Intent.

43.70.010 - Definitions.

43.70.020 - Department created.

43.70.030 - Secretary of health.

43.70.040 - Secretary's powers—Rule-making authority—Report to the legislature.

43.70.041 - Five-year formal review process of existing rules.

43.70.045 - Warren Featherstone Reid Award for Excellence in Health Care.

43.70.047 - Warren Featherstone Reid Award for Excellence in Health Care.

43.70.050 - Collection, use, and accessibility of health-related data.

43.70.052 - Hospital financial and patient discharge data—Financial reports—Data retrieval—American Indian health data—Reporting—Patient discharge data—Confidentiality and protection.

43.70.053 - Hospital consolidated annual income—Reporting.

43.70.054 - Health care data standards—Submittal of standards to legislature.

43.70.056 - Health care-associated infections—Data collection and reporting—Advisory committee—Rules.

43.70.057 - Hospital emergency room patient care information—Data collection, maintenance, analysis, and dissemination—Rules.

43.70.060 - Duties of department—Promotion of health care cost-effectiveness.

43.70.064 - Health care quality—Findings and intent—Requirements for conducting study under RCW 43.70.066.

43.70.066 - Study—Uniform quality assurance and improvement program—Reports to legislature—Limitation on rule making.

43.70.068 - Quality assurance—Interagency cooperation.

43.70.070 - Duties of department—Analysis of health services.

43.70.075 - Identity of whistleblower protected—Remedy for retaliatory action—Definitions—Rules.

43.70.080 - Transfer of powers and duties from the department of social and health services.

43.70.081 - Transfer of certain behavioral health-related powers, duties, and functions from the department of social and health services.

43.70.090 - Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.

43.70.095 - Civil fines.

43.70.097 - Enforcement in accordance with RCW 43.05.100 and 43.05.110.

43.70.100 - Reports of violations by secretary—Duty to institute proceedings—Notice to alleged violator.

43.70.110 - License fees—Costs—Other charges—Waiver.

43.70.112 - Online access to health care resources—Annual accounting of use of funds and use of online resources—University of Washington.

43.70.115 - Licenses—Denial, suspension, revocation, modification.

43.70.117 - Health care professionals licensed in another state or United States territory or the District of Columbia—In-state practice on a limited basis—Requirements—Limitations.

43.70.120 - Federal programs—Rules—Statutes to be construed to meet federal law.

43.70.125 - Health care facility certification—Unfunded federal mandates—Applicant fees.

43.70.130 - Powers and duties of secretary—General.

43.70.140 - Annual conference of health officers.

43.70.150 - Registration of vital statistics.

43.70.170 - Threat to public health—Investigation, examination or sampling of articles or conditions constituting—Access—Subpoena power.

43.70.180 - Threat to public health—Order prohibiting sale or disposition of food or other items pending investigation.

43.70.185 - Inspection of property where marine species located—Prohibitions on harvest or landing—Penalties.

43.70.190 - Violations—Injunctions and legal proceedings authorized.

43.70.195 - Public water systems—Receivership actions brought by secretary—Plan for disposition.

43.70.200 - Enforcement of health laws and state or local rules and regulations upon request of local health officer.

43.70.210 - Right of person to rely on prayer to alleviate ailments not abridged.

43.70.220 - Transfer of powers and duties from the department of licensing.

43.70.230 - Office of health consumer assistance created—Duties.

43.70.240 - Written operating agreements.

43.70.250 - License fees for professions, occupations, and businesses.

43.70.260 - Appointment of temporary additional members of boards and committees for administration and grading of examinations.

43.70.270 - License moratorium for persons in the service—Rules.

43.70.280 - Procedure for issuance, renewal, or reissuance of credentials—Extension or modification of licensing, certification, or registration period authorized.

43.70.290 - Funeral directors and embalmers subject to chapter 18.130 RCW.

43.70.300 - Secretary or secretary's designee ex officio member of health professional licensure and disciplinary boards.

43.70.310 - Cooperation with department of ecology.

43.70.320 - Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds.

43.70.323 - Hospital infection control grant account.

43.70.327 - Public health supplemental account—Annual statement.

43.70.334 - Temporary worker housing—Definition.

43.70.335 - Temporary worker housing operating license—Fee—Display—Suspension or revocation—Fines—Refunds—Rules—Application of department of labor and industries standards.

43.70.337 - Temporary worker housing building permit—Plans and specifications—Fees—Rules.

43.70.340 - Temporary worker housing inspection fund—Fees on temporary worker housing operating licenses and building permits—Licenses generally.

43.70.400 - Head injury prevention—Legislative finding.

43.70.410 - Head injury prevention—Program, generally.

43.70.420 - Head injury prevention—Information preparation.

43.70.430 - Head injury prevention—Guidelines on training and education—Training of emergency medical personnel.

43.70.435 - Diagnosed concussions of students—Report.

43.70.440 - Head injury prevention act—Short title—1990 c 270.

43.70.442 - Suicide assessment, treatment, and management training—Requirement for certain professionals—Exemptions—Model list of programs—Rules—Health profession training standards provided to the professional educator standards board.

43.70.443 - Study of evidence-based suicide assessment, treatment, and management training—Report—Updates.

43.70.444 - Washington plan for suicide prevention—Steering committee—Report.

43.70.446 - Suicide-safer homes project—Suicide-safer homes project account.

43.70.447 - Suicide assessment, treatment, and management—Curriculum for dental students and dentists.

43.70.452 - Agricultural industry workforce behavioral health improvement and suicide prevention—Pilot program.

43.70.460 - Retired primary and specialty care provider liability malpractice insurance—Program authorized.

43.70.470 - Retired health care provider liability malpractice insurance—Conditions.

43.70.480 - Emergency medical personnel—Futile treatment and natural death directives—Guidelines.

43.70.490 - Emergency medical service personnel training program—Assistance to persons with disabilities—Requirements—Law enforcement officer training—Definitions.

43.70.495 - Telemedicine training for health care professionals.

43.70.500 - Health care services practice indicators and risk management protocols.

43.70.510 - Health care services coordinated quality improvement program—Rules.

43.70.512 - Public health system—Foundational public health services—Intent.

43.70.515 - Foundational public health services—Funding.

43.70.525 - Immunization assessment and enhancement proposals by local jurisdictions.

43.70.526 - Childhood immunizations—Resources for expecting parents.

43.70.533 - Chronic conditions—Training and technical assistance for primary care providers.

43.70.540 - Data collection—Legislative finding and intent.

43.70.545 - Data collection and reporting rules.

43.70.550 - Public health services improvement plan—Contents.

43.70.555 - Assessment standards.

43.70.560 - Media violence—Reporting reduction efforts.

43.70.570 - Intent—1995 c 43.

43.70.575 - Definitions.

43.70.590 - American Indian health care delivery plan.

43.70.595 - Health equity zones.

43.70.600 - Survey regarding exposure to radio frequencies—Results.

43.70.605 - Personal wireless services—Random testing on power density analysis—Rules.

43.70.610 - Domestic violence education program—Established—Findings.

43.70.613 - Health care professionals—Health equity continuing education.

43.70.615 - Multicultural health awareness and education program—Integration into health professions basic education preparation curriculum.

43.70.617 - Prenatal nutrition best practices—Educational resources for pregnant women.

43.70.619 - Pregnancy complications—Informational resources.

43.70.620 - List of contacts—Health care professions.

43.70.630 - Cost-reimbursement agreements.

43.70.640 - Workplace breastfeeding policies—Infant-friendly designation.

43.70.645 - Donor human milk—Milk bank safety standards.

43.70.650 - School sealant endorsement program—Rules—Fee—Report to the legislature.

43.70.660 - Product safety education.

43.70.665 - Early detection breast and cervical cancer screening program—Medical advisory committee.

43.70.670 - Human immunodeficiency virus insurance program.

43.70.675 - Public health advisory board.

43.70.680 - Volunteers for emergency or disaster assistance.

43.70.690 - State asthma plan.

43.70.700 - Locally grown foods—Women, infant, and children farmers market nutrition program—Fruit and vegetable benefit—Rules.

43.70.705 - Fall prevention program.

43.70.710 - Annual review of medication practices of five jails that use nonpractitioner jail personnel—Noncompliance.

43.70.715 - COVID-19 public health response account.

43.70.720 - Universal vaccine purchase account.

43.70.725 - Health extension program—Dissemination of evidence-based tools and resources—Rules.

43.70.738 - Down syndrome resources—Development.

43.70.740 - Adjudicative proceedings.

43.70.750 - Community assistance referral and education program—Review of certification and training—Recommendations to the legislature.

43.70.765 - Opioid drugs—Warning—Patient education materials.

43.70.770 - State opioid response plan.

43.70.780 - Fruit and vegetable incentives program.

43.70.790 - Health care facility inspection and investigation availability.

43.70.800 - Oversight, consolidation, and standardization—Review.

43.70.810 - Provision of medical information—Dissemination of requirements and authority.

43.70.815 - Environmental health disparities map.

43.70.820 - Environmental justice obligations of the department of health.

43.70.825 - School-based health center program office.

43.70.830 - Lead contamination in drinking water in school buildings—Sampling and testing—Data-sharing agreement.

43.70.835 - Lead contamination in drinking water in school buildings—State-tribal compact schools.

43.70.840 - Lead contamination in drinking water in school buildings—Technical guidance.

43.70.845 - Lead contamination in drinking water in school buildings—Department of health as lead agency—Waiver.

43.70.850 - Suicide-safer homes task force.

43.70.900 - References to the secretary or department of social and health services—1989 1st ex.s. c 9.

43.70.901 - References to the director or department of licensing—1989 1st ex.s. c 9.

43.70.902 - References to the hospital commission—1989 1st ex.s. c 9.

43.70.910 - Effective date—1989 1st ex.s. c 9.

43.70.920 - Severability—1989 1st ex.s. c 9.