RCW 70.129.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms.
(2) "Department" means the department of state government responsible for licensing the provider in question.
(3) "Facility" means a long-term care facility.
(4) "Long-term care facility" means a facility that is licensed or required to be licensed under chapter 18.20, 70.97, 72.36, or 70.128 RCW.
(5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body, is used for discipline or convenience, and not required to treat the resident's medical symptoms.
(6) "Reasonable accommodation" by a facility to the needs of a prospective or current resident has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.
(7) "Resident" means the individual receiving services in a long-term care facility, that resident's attorney-in-fact, guardian, or other representative acting within the scope of their authority.
(8) "Resident representative" means:
(a)(i) A court-appointed guardian or conservator of a resident, if any;
(ii) An individual otherwise authorized by state or federal law including, but not limited to, agents under power of attorney, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decision making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; or
(iii) If there is no individual who meets the criteria under (a)(i) or (ii) of this subsection, an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.
(b) The term "resident representative" does not include any individual described in (a) of this subsection who is affiliated with any long-term care facility or nursing home where the resident resides, or its licensee or management company, unless the affiliated individual is a family member of the resident.
[ 2021 c 159 § 21. Prior: 2020 c 278 § 13; 1997 c 392 § 203; 1994 c 214 § 2.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Structure Revised Code of Washington
Title 70 - Public Health and Safety
Chapter 70.129 - Long-Term Care Resident Rights.
70.129.005 - Intent—Basic rights.
70.129.007 - Rights are minimal—Other rights not diminished.
70.129.020 - Exercise of rights.
70.129.030 - Notice of rights and services—Admission of individuals.
70.129.040 - Protection of resident's funds—Financial affairs rights.
70.129.050 - Privacy and confidentiality of personal and medical records.
70.129.070 - Examination of survey or inspection results—Contact with client advocates.
70.129.080 - Mail and telephone—Privacy in communications.
70.129.090 - Advocacy, access, and visitation rights.
70.129.100 - Personal property—Storage space.
70.129.105 - Waiver of liability and resident rights limited.
70.129.110 - Disclosure, transfer, and discharge requirements.
70.129.120 - Restraints—Physical or chemical.
70.129.130 - Abuse, punishment, seclusion—Background checks.
70.129.140 - Quality of life—Rights.
70.129.150 - Disclosure of fees and notice requirements—Deposits.
70.129.160 - Ombuds implementation duties.
70.129.170 - Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative.
70.129.180 - Facility's policy on accepting medicaid as a payment source—Disclosure.
70.129.185 - Training materials for leadership and staff—Local health jurisdictions.