Wash. Rev. Code § 70.128.070

Current through 2024

Section 70.128.070 - License-Inspections-Correction of violations

(1) A license shall remain valid unless voluntarily surrendered, suspended, or revoked in accordance with this chapter.

(2)

(a) Homes applying for a license shall be inspected at the time of licensure.

(b)

(i) Homes licensed by the department shall be inspected at least every eighteen months, with an annual average of fifteen months. However, an adult family home may be allowed to continue without inspection for two years if the adult family home had no inspection citations for the past three consecutive inspections and has received no written notice of violations resulting from complaint investigations during that same time period.

(ii) For adult family homes applying to increase bed capacity under RCW 70.128.066 prior to January 1, 2026, the department may:

(A) Complete the first inspection upon receipt of an application to increase bed capacity if the home has otherwise met the requirements of RCW 70.128.066.

(B) Complete a second inspection upon receipt of an application to increase bed capacity if at least six months have passed since the first inspection.

(c) The department may make an unannounced inspection of a licensed home at any time to assure that the home and provider are in compliance with this chapter and the rules adopted under this chapter.

(d) If a pandemic, natural disaster, or other declared state of emergency prevents the department from completing inspections according to the timeline in this subsection, the department shall adopt rules to reestablish inspection timelines based on the length of time since last inspection, compliance history of each facility, and immediate health or safety concerns.

(i) Rules adopted under this subsection (2)(d) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all facility inspections are occurring according to time frames established in (b) of this subsection, whichever is later. Once the department determines a rule adopted under this subsection (2)(d) is no longer necessary, it must repeal the rule under RCW 34.05.353.

(ii) Within 12 months of the termination of the pandemic, natural disaster, or declared state of emergency, the department shall conduct a review of inspection compliance with (b) of this subsection and provide the legislature with a report.

(3) If the department finds that the home is not in compliance with this chapter, it shall require the home to correct any violations as provided in this chapter.

RCW 70.128.070

Amended by 2024 c 147,§ 2, eff. 6/6/2024.

Amended by 2021 c 203,§ 13, eff. 5/10/2021.

2011 1st sp.s. c 3§ 204; 2004 c 143 § 1; 1998 c 272 § 4; 1995 1st sp.s. c 18 § 22; 1989 c 427 § 22.

Effective date-Retroactive application- 2021 c 203 : See note following RCW 43.43.832.

Finding-Intent-2011 1st sp.s. c 3: See note following RCW 70.128.005.

Findings-Severability-Effective date-1998 c 272: See notes following RCW 18.20.230.

Conflict with federal requirements-Severability-Effective date-1995 1st sp.s. c 18: See notes following RCW 74.39A.030.