RCW 71.24.037
Licensed or certified behavioral health agencies and providers—Minimum standards—Investigations and enforcement actions—Inspections.
(1) The secretary shall license or certify any agency or facility that: (a) Submits payment of the fee established under RCW 43.70.110 and 43.70.250; (b) submits a complete application that demonstrates the ability to comply with requirements for operating and maintaining an agency or facility in statute or rule; and (c) successfully completes the prelicensure inspection requirement.
(2) The secretary shall establish by rule minimum standards for licensed or certified behavioral health agencies that must, at a minimum, establish: (a) Qualifications for staff providing services directly to persons with mental disorders, substance use disorders, or both; (b) the intended result of each service; and (c) the rights and responsibilities of persons receiving behavioral health services pursuant to this chapter and chapter 71.05 RCW. The secretary shall provide for deeming of licensed or certified behavioral health agencies as meeting state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department.
(3) The department shall review reports or other information alleging a failure to comply with this chapter or the standards and rules adopted under this chapter and may initiate investigations and enforcement actions based on those reports.
(4) The department shall conduct inspections of agencies and facilities, including reviews of records and documents required to be maintained under this chapter or rules adopted under this chapter.
(5) The department may suspend, revoke, limit, restrict, or modify an approval, or refuse to grant approval, for failure to meet the provisions of this chapter, or the standards adopted under this chapter. RCW 43.70.115 governs notice of a license or certification denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
(6) No licensed or certified behavioral health service provider may advertise or represent itself as a licensed or certified behavioral health service provider if approval has not been granted or has been denied, suspended, revoked, or canceled.
(7) Licensure or certification as a behavioral health service provider is effective for one calendar year from the date of issuance of the license or certification. The license or certification must specify the types of services provided by the behavioral health service provider that meet the standards adopted under this chapter. Renewal of a license or certification must be made in accordance with this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.
(8) Licensure or certification as a licensed or certified behavioral health service provider must specify the types of services provided that meet the standards adopted under this chapter. Renewal of a license or certification must be made in accordance with this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.
(9) The department shall develop a process by which a provider may obtain dual licensure as an evaluation and treatment facility and secure withdrawal management and stabilization facility.
(10) Licensed or certified behavioral health service providers may not provide types of services for which the licensed or certified behavioral health service provider has not been certified. Licensed or certified behavioral health service providers may provide services for which approval has been sought and is pending, if approval for the services has not been previously revoked or denied.
(11) The department periodically shall inspect licensed or certified behavioral health service providers at reasonable times and in a reasonable manner.
(12) Upon petition of the department and after a hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the department authorizing him or her to enter and inspect at reasonable times, and examine the books and accounts of, any licensed or certified behavioral health service provider refusing to consent to inspection or examination by the department or which the department has reasonable cause to believe is operating in violation of this chapter.
(13) The department shall maintain and periodically publish a current list of licensed or certified behavioral health service providers.
(14) Each licensed or certified behavioral health service provider shall file with the department or the authority upon request, data, statistics, schedules, and information the department or the authority reasonably requires. A licensed or certified behavioral health service provider that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns thereof, may have its license or certification revoked or suspended.
(15) The authority shall use the data provided in subsection (14) of this section to evaluate each program that admits children to inpatient substance use disorder treatment upon application of their parents. The evaluation must be done at least once every twelve months. In addition, the authority shall randomly select and review the information on individual children who are admitted on application of the child's parent for the purpose of determining whether the child was appropriately placed into substance use disorder treatment based on an objective evaluation of the child's condition and the outcome of the child's treatment.
(16) Any settlement agreement entered into between the department and licensed or certified behavioral health service providers to resolve administrative complaints, license or certification violations, license or certification suspensions, or license or certification revocations may not reduce the number of violations reported by the department unless the department concludes, based on evidence gathered by inspectors, that the licensed or certified behavioral health service provider did not commit one or more of the violations.
(17) In cases in which a behavioral health service provider that is in violation of licensing or certification standards attempts to transfer or sell the behavioral health service provider to a family member, the transfer or sale may only be made for the purpose of remedying license or certification violations and achieving full compliance with the terms of the license or certification. Transfers or sales to family members are prohibited in cases in which the purpose of the transfer or sale is to avoid liability or reset the number of license or certification violations found before the transfer or sale. If the department finds that the owner intends to transfer or sell, or has completed the transfer or sale of, ownership of the behavioral health service provider to a family member solely for the purpose of resetting the number of violations found before the transfer or sale, the department may not renew the behavioral health service provider's license or certification or issue a new license or certification to the behavioral health service provider.
[ 2019 c 446 § 23; 2019 c 325 § 1007; 2018 c 201 § 4005; 2017 c 330 § 2; 2016 sp.s. c 29 § 505; 2001 c 323 § 11; 1999 c 10 § 5.]
NOTES:
Reviser's note: This section was amended by 2019 c 325 § 1007 and by 2019 c 446 § 23, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2019 c 325: See note following RCW 71.24.011.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Finding—2017 c 330: "The state finds that the department should not reduce the number of license violations found by field inspectors for the purpose of allowing licensed behavioral health service providers to avoid liability in a manner that permits the violating service provider to continue to provide care at the risk of public safety. The state also recognizes the need to prohibit fraudulent transfers of licenses between licensed behavioral health service providers found in violation of the terms of their license agreement and their family members." [ 2017 c 330 § 1.]
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Structure Revised Code of Washington
Chapter 71.24 - Community Behavioral Health Services Act.
71.24.015 - Legislative intent—Community behavioral health system.
71.24.030 - Grants, purchasing of services, for community behavioral health programs.
71.24.035 - Director's powers and duties as state behavioral health authority.
71.24.045 - Behavioral health administrative services organization powers and duties.
71.24.062 - Psychiatry consultation line—Implementation.
71.24.063 - Partnership access lines—Psychiatric consultation lines—Data collection.
71.24.064 - Partnership access lines—Psychiatric consultation lines—Funding—Performance measures.
71.24.067 - Partnership access lines—Psychiatric consultation lines—Review.
71.24.068 - Telebehavioral health access account.
71.24.115 - Recovery navigator programs—Reports.
71.24.125 - Grant program—Treatment services—Regional access standards.
71.24.135 - Expanded recovery support services program—Regional expanded recovery plans.
71.24.160 - Proof as to uses made of state funds—Use of maintenance of effort funds.
71.24.200 - Expenditures of county funds subject to county fiscal laws.
71.24.215 - Sliding-scale fee schedules for clients receiving behavioral health services.
71.24.220 - State grants may be withheld for noncompliance with chapter or related rules.
71.24.250 - Behavioral health administrative services organizations—Receipt of gifts and grants.
71.24.260 - Waiver of postgraduate educational requirements—Mental health professionals.
71.24.350 - Behavioral health ombuds office.
71.24.370 - Behavioral health services contracts—Limitation on state liability.
71.24.380 - Purchase of behavioral health services—Managed care contracting—Requirements.
71.24.383 - Managed care organization contracting—Requirements.
71.24.400 - Streamlining delivery system—Finding.
71.24.405 - Streamlining delivery system.
71.24.415 - Streamlining delivery system—Authority duties to achieve outcomes.
71.24.430 - Coordination of services for behavioral health clients—Collaborative service delivery.
71.24.435 - Behavioral health system—Improvement strategy.
71.24.450 - Offenders with mental illnesses—Findings and intent.
71.24.455 - Offenders with mental illnesses—Contracts for specialized access and services.
71.24.460 - Offenders with mental illnesses—Report to legislature.
71.24.510 - Integrated comprehensive screening and assessment process—Implementation.
71.24.520 - Substance use disorder program authority.
71.24.525 - Agreements authorized under the interlocal cooperation act.
71.24.530 - Local funding and donative funding requirements—Facilities, plans, programs.
71.24.535 - Duties of authority.
71.24.545 - Comprehensive program for treatment—Regional facilities.
71.24.555 - Liquor taxes and profits—City and county eligibility conditioned.
71.24.560 - Opioid treatment programs—Pregnant individuals—Information and education.
71.24.565 - Acceptance for approved treatment—Rules.
71.24.570 - Emergency service patrol—Establishment—Rules.
71.24.575 - Criminal laws limitations.
71.24.580 - Criminal justice treatment account.
71.24.585 - Opioid and substance use disorder treatment—State response.
71.24.589 - Substance use disorders—Law enforcement assisted diversion—Pilot project.
71.24.594 - Opioid overdose reversal medications—Education—Distribution—Labeling—Liability.
71.24.597 - Opioid overdose reversal medication—Coordinated purchasing and distribution.
71.24.598 - Drug overdose response team.
71.24.599 - Opioid use disorder—City and county jails—Funding.
71.24.605 - Fetal alcohol screening and assessment services.
71.24.610 - Interagency agreement on fetal alcohol exposure programs.
71.24.615 - Chemical dependency treatment expenditures—Prioritization.
71.24.625 - Uniform application of chapter—Training for designated crisis responders.
71.24.640 - Standards for certification or licensure of evaluation and treatment facilities.
71.24.645 - Standards for certification or licensure of crisis stabilization units.
71.24.647 - Standards for certification or licensure of triage facilities.
71.24.649 - Standards for certification or licensure of mental health peer-run respite centers.
71.24.650 - Standards for certification or licensure of a clubhouse.
71.24.660 - Recovery residences—Referrals by licensed or certified service providers.
71.24.710 - Reentry services—Work group.
71.24.715 - Reentry services—Waiver application.
71.24.720 - Less restrictive alternative treatment—Transition teams.
71.24.850 - Regional service areas—Report—Managed care integration.
71.24.855 - Finding—Intent—State hospitals.
71.24.861 - Behavioral health system coordination committee.
71.24.870 - Behavioral health services—Adoption of rules—Audit.
71.24.885 - Medicaid rate increases—Review authority—Reporting.
71.24.893 - National 988 system—Crisis response improvement strategy steering committee.
71.24.894 - National 988 system—Department reporting—Audit.
71.24.896 - National 988 system—Duties owed to public—Independent contractors.
71.24.898 - National 988 system—Technical and operational plan.