RCW 70.128.040
Adoption of rules and standards—Negotiated rule making—Specialty license.
(1) The department shall adopt rules and standards with respect to adult family homes and the operators thereof to be licensed under this chapter to carry out the purposes and requirements of this chapter. The rules and standards relating to applicants and operators shall address the differences between individual providers and providers that are partnerships, corporations, associations, or companies. The rules and standards shall also recognize and be appropriate to the different needs and capacities of the various populations served by adult family homes such as but not limited to persons who are developmentally disabled or elderly. In developing rules and standards the department shall recognize the residential family-like nature of adult family homes and not develop rules and standards which by their complexity serve as an overly restrictive barrier to the development of the adult family homes in the state. Procedures and forms established by the department shall be developed so they are easy to understand and comply with. Paper work requirements shall be minimal. Easy to understand materials shall be developed for applicants and providers explaining licensure requirements and procedures.
(2)(a) In developing the rules and standards, the department shall consult with all divisions and administrations within the department serving the various populations living in adult family homes, including the division of developmental disabilities and the aging and adult services administration. Involvement by the divisions and administration shall be for the purposes of assisting the department to develop rules and standards appropriate to the different needs and capacities of the various populations served by adult family homes. During the initial stages of development of proposed rules, the department shall provide notice of development of the rules to organizations representing adult family homes and their residents, and other groups that the department finds appropriate. The notice shall state the subject of the rules under consideration and solicit written recommendations regarding their form and content.
(b) In addition, the department shall engage in negotiated rule making pursuant to RCW 34.05.310(2)(a) with the exclusive representative of the adult family home licensees selected in accordance with RCW 70.128.043 and with other affected interests before adopting requirements that affect adult family home licensees.
(3) Except where provided otherwise, chapter 34.05 RCW shall govern all department rule-making and adjudicative activities under this chapter.
(4) The department shall establish a specialty license to include geriatric specialty certification for providers who have successfully completed the University of Washington school of nursing certified geriatric certification program and testing.
[ 2009 c 530 § 1; 2007 c 184 § 8; 1995 c 260 § 3; 1989 c 427 § 18.]
NOTES:
Part headings not law—Severability—Conflict with federal requirements—2007 c 184: See notes following RCW 41.56.029.
Structure Revised Code of Washington
Title 70 - Public Health and Safety
Chapter 70.128 - Adult Family Homes.
70.128.040 - Adoption of rules and standards—Negotiated rule making—Specialty license.
70.128.043 - Negotiated rule making—Statewide unit of licensees—Intent.
70.128.050 - License—Required as of July 1, 1990—Limitations.
70.128.055 - Operating without a license—Misdemeanor.
70.128.057 - Operating without a license—Injunction or civil penalty.
70.128.058 - Operating without a license—Application of consumer protection act.
70.128.060 - License—Generally—Fees.
70.128.064 - Priority processing for license applications—Provisional license.
70.128.065 - Multiple facility operators—Requirements—Licensure of additional homes.
70.128.066 - Seven or eight bed adult family homes—Requirements—Licensure.
70.128.070 - License—Inspections—Correction of violations.
70.128.080 - License and inspection report—Availability for review.
70.128.090 - Inspections—Generally.
70.128.100 - Immediate suspension of license when conditions warrant.
70.128.105 - Injunction if conditions warrant.
70.128.120 - Adult family home provider, applicant, resident manager—Minimum qualifications.
70.128.122 - Adult family homes licensed by Indian tribes.
70.128.130 - Adult family homes—Requirements.
70.128.135 - Compliance with chapter 70.24 RCW.
70.128.140 - Compliance with local codes and state and local fire safety regulations.
70.128.155 - Resident contact information—Department requirements and duties.
70.128.167 - Disputed violations, enforcement remedies—Informal dispute resolution process.
70.128.170 - Homes relying on prayer for healing—Application of chapter.
70.128.200 - Toll-free telephone number for complaints—Discrimination or retaliation prohibited.
70.128.210 - Training standards review—Delivery system—Issues reviewed—Report to the legislature.
70.128.220 - Elder care—Professionalization of providers.
70.128.230 - Long-term caregiver training.
70.128.240 - Approval system—Department-approved training—Adoption of rules.
70.128.250 - Required training and continuing education—Food safety training and testing.
70.128.260 - Limitation on restrictive covenants.
70.128.290 - Correction of a violation or deficiency—Not included in a home's report—Criteria.
70.128.305 - Adult family home training network—Requirements.
70.128.306 - Stop placement orders and limited stop placement orders.
70.128.901 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.