title: RCW 70.122.030

text:
(1) Any adult person may execute a directive directing the withholding or withdrawal of life-sustaining treatment in a terminal condition or permanent unconscious condition. The directive shall be signed by the declarer and acknowledged before a notary public or other individual authorized by law to take acknowledgments or signed by the declarer in the presence of two witnesses not related to the declarer by blood or marriage and who would not be entitled to any portion of the estate of the declarer upon declarer's decease under any will of the declarer or codicil thereto then existing or, at the time of the directive, by operation of law then existing. In addition, a witness to a directive shall not be the attending physician, an employee of the attending physician or a health facility in which the declarer is a patient, or any person who has a claim against any portion of the estate of the declarer upon declarer's decease at the time of the execution of the directive. The directive, or a copy thereof, shall be made part of the patient's medical records retained by the attending physician, a copy of which shall be forwarded by the custodian of the records to the health facility when the withholding or withdrawal of life-support treatment is contemplated. The directive may be in the following form and may include a notarial certificate for an acknowledgment in an individual capacity in short form as permitted by state law, but in addition may include other specific directions:
Health Care Directive
Directive made this . . . . day of . . . . . . (month, year).
I . . . . . ., having the capacity to make health care decisions, willfully, and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below, and do hereby declare that:
(a) If at any time I should be diagnosed in writing to be in a terminal condition by the attending physician, or in a permanent unconscious condition by two physicians, and where the application of life-sustaining treatment would serve only to artificially prolong the process of my dying, I direct that such treatment be withheld or withdrawn, and that I be permitted to die naturally. I understand by using this form that a terminal condition means an incurable and irreversible condition caused by injury, disease, or illness, that would within reasonable medical judgment cause death within a reasonable period of time in accordance with accepted medical standards, and where the application of life-sustaining treatment would serve only to prolong the process of dying. I further understand in using this form that a permanent unconscious condition means an incurable and irreversible condition in which I am medically assessed within reasonable medical judgment as having no reasonable probability of recovery from an irreversible coma or a persistent vegetative state.
(b) In the absence of my ability to give directions regarding the use of such life-sustaining treatment, it is my intention that this directive shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and I accept the consequences of such refusal. If another person is appointed to make these decisions for me, whether through a durable power of attorney or otherwise, I request that the person be guided by this directive and any other clear expressions of my desires.
(c) If I am diagnosed to be in a terminal condition or in a permanent unconscious condition (check one):
I DO want to have artificially provided nutrition and hydration.
I DO NOT want to have artificially provided nutrition and hydration.
(d) I understand the full import of this directive and I am emotionally and mentally capable to make the health care decisions contained in this directive.
(e) I understand that before I sign this directive, I can add to or delete from or otherwise change the wording of this directive and that I may add to or delete from this directive at any time and that any changes shall be consistent with Washington state law or federal constitutional law to be legally valid.
(f) It is my wish that every part of this directive be fully implemented. If for any reason any part is held invalid it is my wish that the remainder of my directive be implemented.
Signed . . . .
City, County, and State of Residence
The declarer has been personally known to me or has provided proof of identity and I believe him or her to be capable of making health care decisions.
Witness . . . .
Witness . . . .
(2) Prior to withholding or withdrawing life-sustaining treatment, the diagnosis of a terminal condition by the attending physician or the diagnosis of a permanent unconscious state by two physicians shall be entered in writing and made a permanent part of the patient's medical records.
(3) A directive executed in another political jurisdiction is valid to the extent permitted by Washington state law and federal constitutional law.
[ 2025 c 56 s 1; 2019 c 209 s 2; 1992 c 98 s 3; 1979 c 112 s 4.]

catchline: Directive to withhold or withdraw life-sustaining treatment.


doc_type: statute

jurisdiction: wa

title: RCW 70.122.040

text:
(1) A directive may be revoked at any time by the declarer, without regard to the declarer's mental state or competency, by any of the following methods:
(a) By being canceled, defaced, obliterated, burned, torn, or otherwise destroyed by the declarer or by some person in the declarer's presence and by the declarer's direction.
(b) By a written revocation of the declarer expressing his or her intent to revoke, signed, and dated by the declarer. Such revocation shall become effective only upon communication to the attending physician by the declarer or by a person acting on behalf of the declarer. The attending physician shall record in the patient's medical record the time and date when the physician received notification of the written revocation.
(c) By a verbal expression by the declarer of his or her intent to revoke the directive. Such revocation shall become effective only upon communication to the attending physician by the declarer or by a person acting on behalf of the declarer. The attending physician shall record in the patient's medical record the time, date, and place of the revocation and the time, date, and place, if different, of when the physician received notification of the revocation.
(d) In the case of a directive that is stored in the health care declarations registry under RCW 70.122.130, by an online method established by the department of health. Failure to use this method of revocation for a directive that is stored in the registry does not invalidate a revocation that is made by another method described under this section.
(2) There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this section unless that person has actual or constructive knowledge of the revocation except as provided in RCW 70.122.051(4).
(3) If the declarer becomes comatose or is rendered incapable of communicating with the attending physician, the directive shall remain in effect for the duration of the comatose condition or until such time as the declarer's condition renders the declarer able to communicate with the attending physician.
[ 2006 c 108 s 4; 1979 c 112 s 5.]
Notes:
Finding—Intent—2006 c 108: See note following RCW 70.122.130.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Revocation of directive.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70.122.051

text:
(1) For the purposes of this section, "provider" means a physician, *advanced registered nurse practitioner, health care provider acting under the direction of a physician or an *advanced registered nurse practitioner, or health care facility, as defined in this chapter or in chapter 71.32 RCW, and its personnel.
(2) Any provider who participates in good faith in the withholding or withdrawal of life-sustaining treatment from a qualified patient in accordance with the requirements of this chapter, shall be immune from legal liability, including civil, criminal, or professional conduct sanctions, unless otherwise negligent.
(3) The establishment of a health care declarations registry does not create any new or distinct obligation for a provider to determine whether a patient has a health care declaration.
(4) A provider is not subject to civil or criminal liability or sanctions for unprofessional conduct under the uniform disciplinary act, chapter 18.130 RCW, when in good faith and without negligence:
(a) The provider provides, does not provide, withdraws, or withholds treatment to a patient in the absence of actual knowledge of the existence of a health care declaration stored in the health care declarations registry established in RCW 70.122.130;
(b) The provider provides, does not provide, withdraws, or withholds treatment pursuant to a health care declaration stored in the health care declarations registry established in RCW 70.122.130 in the absence of actual knowledge of the revocation of the declaration;
(c) The provider provides, does not provide, withdraws, or withholds treatment according to a health care declaration stored in the health care declarations registry established in RCW 70.122.130 in good faith reliance upon the validity of the health care declaration and the declaration is subsequently found to be invalid; or
(d) The provider provides, does not provide, withdraws, or withholds treatment according to the patient's health care declaration stored in the health care declarations registry established in RCW 70.122.130.
(5) Except for acts of gross negligence, willful misconduct, or intentional wrongdoing, the department of health is not subject to civil liability for any claims or demands arising out of the administration or operation of the health care declarations registry established in RCW 70.122.130.
[ 2006 c 108 s 6; 1992 c 98 s 5.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Finding—Intent—2006 c 108: See note following RCW 70.122.130.
PDF
RCW 70.122.051
Liability of health care provider. (Effective June 30, 2027.)
(1) For the purposes of this section, "provider" means a physician, advanced practice registered nurse, health care provider acting under the direction of a physician or an advanced practice registered nurse, or health care facility, as defined in this chapter or in chapter 71.32 RCW, and its personnel.
(2) Any provider who participates in good faith in the withholding or withdrawal of life-sustaining treatment from a qualified patient in accordance with the requirements of this chapter, shall be immune from legal liability, including civil, criminal, or professional conduct sanctions, unless otherwise negligent.
(3) The establishment of a health care declarations registry does not create any new or distinct obligation for a provider to determine whether a patient has a health care declaration.
(4) A provider is not subject to civil or criminal liability or sanctions for unprofessional conduct under the uniform disciplinary act, chapter 18.130 RCW, when in good faith and without negligence:
(a) The provider provides, does not provide, withdraws, or withholds treatment to a patient in the absence of actual knowledge of the existence of a health care declaration stored in the health care declarations registry established in RCW 70.122.130;
(b) The provider provides, does not provide, withdraws, or withholds treatment pursuant to a health care declaration stored in the health care declarations registry established in RCW 70.122.130 in the absence of actual knowledge of the revocation of the declaration;
(c) The provider provides, does not provide, withdraws, or withholds treatment according to a health care declaration stored in the health care declarations registry established in RCW 70.122.130 in good faith reliance upon the validity of the health care declaration and the declaration is subsequently found to be invalid; or
(d) The provider provides, does not provide, withdraws, or withholds treatment according to the patient's health care declaration stored in the health care declarations registry established in RCW 70.122.130.
(5) Except for acts of gross negligence, willful misconduct, or intentional wrongdoing, the department of health is not subject to civil liability for any claims or demands arising out of the administration or operation of the health care declarations registry established in RCW 70.122.130.
[ 2025 c 58 s 5139; 2006 c 108 s 6; 1992 c 98 s 5.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Finding—Intent—2006 c 108: See note following RCW 70.122.130.

catchline: Liability of health care provider. (Effective until June 30, 2027.)


title: RCW 70.122.060

text:
(1) Prior to the withholding or withdrawal of life-sustaining treatment from a qualified patient pursuant to the directive, the attending physician shall make a reasonable effort to determine that the directive complies with RCW 70.122.030 and, if the patient is capable of making health care decisions, that the directive and all steps proposed by the attending physician to be undertaken are currently in accord with the desires of the qualified patient.
(2) The attending physician or health facility shall inform a patient or patient's authorized representative of the existence of any policy or practice that would preclude the honoring of the patient's directive at the time the physician or facility becomes aware of the existence of such a directive. If the patient, after being informed of such policy or directive, chooses to retain the physician or facility, the physician or facility with the patient or the patient's representative shall prepare a written plan to be filed with the patient's directive that sets forth the physician's or facilities' intended actions should the patient's medical status change so that the directive would become operative. The physician or facility under this subsection has no obligation to honor the patient's directive if they have complied with the requirements of this subsection, including compliance with the written plan required under this subsection.
(3) The directive shall be conclusively presumed, unless revoked, to be the directions of the patient regarding the withholding or withdrawal of life-sustaining treatment. No physician, health facility, or health personnel acting in good faith with the directive or in accordance with the written plan in subsection (2) of this section shall be criminally or civilly liable for failing to effectuate the directive of the qualified patient pursuant to this subsection.
(4) No nurse, physician, or other health care practitioner may be required by law or contract in any circumstances to participate in the withholding or withdrawal of life-sustaining treatment if such person objects to so doing. No person may be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the withholding or withdrawal of life-sustaining treatment.
[ 1992 c 98 s 6; 1979 c 112 s 7.]

catchline: Procedures by physician—Health care facility or personnel may refuse to participate.


title: RCW 70.122.070

text:
(1) The withholding or withdrawal of life-sustaining treatment from a qualified patient pursuant to the patient's directive in accordance with the provisions of this chapter shall not, for any purpose, constitute a suicide or a homicide.
(2) The making of a directive pursuant to RCW 70.122.030 shall not restrict, inhibit, or impair in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured qualified patient, notwithstanding any term of the policy to the contrary.
(3) No physician, health facility, or other health provider, and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital service plan, shall require any person to execute a directive as a condition for being insured for, or receiving, health care services.
[ 1992 c 98 s 7; 1979 c 112 s 8.]

catchline: Effects of carrying out directive—Insurance.


title: RCW 70.122.080

text:
The act of withholding or withdrawing life-sustaining treatment, when done pursuant to a directive described in RCW 70.122.030 and which results in the death of the declarer, shall not be construed to be an intervening force or to affect the chain of proximate cause between the conduct of anyone that placed the declarer in a terminal condition or a permanent unconscious condition and the death of the declarer.
[ 1992 c 98 s 8; 1979 c 112 s 10.]

catchline: Effects of carrying out directive on cause of death.


title: RCW 70.122.090

text:
(1) Any person who willfully conceals, cancels, defaces, obliterates, or damages the directive of another without such declarer's consent is guilty of a gross misdemeanor.
(2) Any person who falsifies or forges the directive of another, or willfully conceals or withholds personal knowledge of a revocation as provided in RCW 70.122.040 with the intent to cause a withholding or withdrawal of life-sustaining treatment contrary to the wishes of the declarer, and thereby, because of any such act, directly causes life-sustaining treatment to be withheld or withdrawn and death to thereby be hastened, shall be subject to prosecution for murder in the first degree as defined in RCW 9A.32.030.
[ 2003 c 53 s 362; 1992 c 98 s 9; 1979 c 112 s 9.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Criminal conduct—Penalties.


title: RCW 70.122.100

text:
Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing, lethal injection, or active euthanasia.
[ 2009 c 1 s 25 (Initiative Measure No. 1000, approved November 4, 2008); 1992 c 98 s 10; 1979 c 112 s 11.]
Notes:
Short title—Effective dates—2009 c 1 (Initiative Measure No. 1000): See RCW 70.245.901 and 70.245.903.

catchline: Mercy killing, lethal injection, or active euthanasia not authorized.


title: RCW 70.122.110

text:
If a qualified patient capable of making health care decisions indicates that he or she wishes to die at home, the patient shall be discharged as soon as reasonably possible. The health care provider or facility has an obligation to explain the medical risks of an immediate discharge to the qualified patient. If the provider or facility complies with the obligation to explain the medical risks of an immediate discharge to a qualified patient, there shall be no civil or criminal liability for claims arising from such discharge.
[ 1992 c 98 s 4.]

catchline: Discharge so that patient may die at home.


title: RCW 70.122.120

text:
Any person or health facility may assume that a directive complies with this chapter and is valid.
[ 1992 c 98 s 12.]

catchline: Directive's validity assumed.


title: RCW 70.122.130

text:
(1) The department of health shall establish and maintain a statewide health care declarations registry containing the health care declarations identified in subsection (2) of this section as submitted by residents of Washington. The department shall digitally reproduce and store health care declarations in the registry. The department may establish standards for individuals to submit digitally reproduced health care declarations directly to the registry, but is not required to review the health care declarations that it receives to ensure they comply with the particular statutory requirements applicable to the document. The department may contract with an organization that meets the standards identified in this section.
(2)(a) An individual may submit any of the following health care declarations to the department of health to be digitally reproduced and stored in the registry:
(i) A directive, as defined by this chapter;
(ii) A durable power of attorney for health care, as authorized in chapter 11.125 RCW;
(iii) A mental health advance directive, as defined by chapter 71.32 RCW; or
(iv) A form adopted pursuant to the department of health's authority in RCW 43.70.480.
(b) Failure to submit a health care declaration to the department of health does not affect the validity of the declaration.
(c) Failure to notify the department of health of a valid revocation of a health care declaration does not affect the validity of the revocation.
(d) The entry of a health care directive in the registry under this section does not:
(i) Affect the validity of the document;
(ii) Take the place of any requirements in law necessary to make the submitted document legal; or
(iii) Create a presumption regarding the validity of the document.
(3) The department of health shall prescribe a procedure for an individual to revoke a health care declaration contained in the registry.
(4) The registry must:
(a) Be maintained in a secure database that is accessible through a website maintained by the department of health;
(b) Send annual electronic messages to individuals that have submitted health care declarations to request that they review the registry materials to ensure that it is current;
(c) Provide individuals who have submitted one or more health care declarations with access to their documents and the ability to revoke their documents at all times; and
(d) Provide the personal representatives of individuals who have submitted one or more health care declarations to the registry, attending physicians, *advanced registered nurse practitioners, health care providers licensed by a disciplining authority identified in RCW 18.130.040 who is acting under the direction of a physician or an *advanced registered nurse practitioner, and health care facilities, as defined in this chapter or in chapter 71.32 RCW, access to the registry at all times.
(5) In designing the registry and website, the department of health shall ensure compliance with state and federal requirements related to patient confidentiality.
(6) The department shall provide information to health care providers and health care facilities on the registry website regarding the different federal and Washington state requirements to ascertain and document whether a patient has an advance directive.
(7) The department of health may accept donations, grants, gifts, or other forms of voluntary contributions to support activities related to the creation and maintenance of the health care declarations registry and statewide public education campaigns related to the existence of the registry. All receipts from donations made under this section, and other contributions and appropriations specifically made for the purposes of creating and maintaining the registry established under this section and statewide public education campaigns related to the existence of the registry, shall be deposited into the general fund. These moneys in the general fund may be spent only after appropriation.
(8) The department of health may adopt rules as necessary to implement chapter 108, Laws of 2006.
(9) By December 1, 2008, the department shall report to the house and senate committees on health care the following information:
(a) Number of participants in the registry;
(b) Number of health care declarations submitted by type of declaration as defined in this section;
(c) Number of health care declarations revoked and the method of revocation;
(d) Number of providers and facilities, by type, that have been provided access to the registry;
(e) Actual costs of operation of the registry.
[ 2016 c 209 s 406; 2013 c 251 s 12; 2006 c 108 s 2.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.
Residual balance of funds—Effective date—2013 c 251: See notes following RCW 41.06.280.
Finding—Intent—2006 c 108: "The legislature finds that effective communication between patients, their families, and their caregivers regarding their wishes if they become incapacitated results in health care decisions that are more respectful of patients' desires. Whether the communication is for end-of-life planning or incapacity resulting from mental illness, the state must respect those wishes and support efforts to facilitate such communications and to make that information available when it is needed.
It is the intent of the legislature to establish an electronic registry to improve access to health care decision-making documents. The registry would support, not supplant, the current systems for advance directives and mental health advance directives by improving access to these documents. It is the legislature's intent that the registry would be consulted by health care providers in every instance where there may be a question about the patient's wishes for periods of incapacity and the existence of a document that may clarify a patient's intentions unless the circumstances are such that consulting the registry would compromise the emergency care of the patient." [ 2006 c 108 s 1.]
PDF
RCW 70.122.130
Health care declarations registry—Rules—Report. (Effective June 30, 2027.)
(1) The department of health shall establish and maintain a statewide health care declarations registry containing the health care declarations identified in subsection (2) of this section as submitted by residents of Washington. The department shall digitally reproduce and store health care declarations in the registry. The department may establish standards for individuals to submit digitally reproduced health care declarations directly to the registry, but is not required to review the health care declarations that it receives to ensure they comply with the particular statutory requirements applicable to the document. The department may contract with an organization that meets the standards identified in this section.
(2)(a) An individual may submit any of the following health care declarations to the department of health to be digitally reproduced and stored in the registry:
(i) A directive, as defined by this chapter;
(ii) A durable power of attorney for health care, as authorized in chapter 11.125 RCW;
(iii) A mental health advance directive, as defined by chapter 71.32 RCW; or
(iv) A form adopted pursuant to the department of health's authority in RCW 43.70.480.
(b) Failure to submit a health care declaration to the department of health does not affect the validity of the declaration.
(c) Failure to notify the department of health of a valid revocation of a health care declaration does not affect the validity of the revocation.
(d) The entry of a health care directive in the registry under this section does not:
(i) Affect the validity of the document;
(ii) Take the place of any requirements in law necessary to make the submitted document legal; or
(iii) Create a presumption regarding the validity of the document.
(3) The department of health shall prescribe a procedure for an individual to revoke a health care declaration contained in the registry.
(4) The registry must:
(a) Be maintained in a secure database that is accessible through a website maintained by the department of health;
(b) Send annual electronic messages to individuals that have submitted health care declarations to request that they review the registry materials to ensure that it is current;
(c) Provide individuals who have submitted one or more health care declarations with access to their documents and the ability to revoke their documents at all times; and
(d) Provide the personal representatives of individuals who have submitted one or more health care declarations to the registry, attending physicians, advanced practice registered nurses, health care providers licensed by a disciplining authority identified in RCW 18.130.040 who is acting under the direction of a physician or an advanced practice registered nurse, and health care facilities, as defined in this chapter or in chapter 71.32 RCW, access to the registry at all times.
(5) In designing the registry and website, the department of health shall ensure compliance with state and federal requirements related to patient confidentiality.
(6) The department shall provide information to health care providers and health care facilities on the registry website regarding the different federal and Washington state requirements to ascertain and document whether a patient has an advance directive.
(7) The department of health may accept donations, grants, gifts, or other forms of voluntary contributions to support activities related to the creation and maintenance of the health care declarations registry and statewide public education campaigns related to the existence of the registry. All receipts from donations made under this section, and other contributions and appropriations specifically made for the purposes of creating and maintaining the registry established under this section and statewide public education campaigns related to the existence of the registry, shall be deposited into the general fund. These moneys in the general fund may be spent only after appropriation.
(8) The department of health may adopt rules as necessary to implement chapter 108, Laws of 2006.
(9) By December 1, 2008, the department shall report to the house and senate committees on health care the following information:
(a) Number of participants in the registry;
(b) Number of health care declarations submitted by type of declaration as defined in this section;
(c) Number of health care declarations revoked and the method of revocation;
(d) Number of providers and facilities, by type, that have been provided access to the registry;
(e) Actual costs of operation of the registry.
[ 2025 c 58 s 5140; 2016 c 209 s 406; 2013 c 251 s 12; 2006 c 108 s 2.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.
Residual balance of funds—Effective date—2013 c 251: See notes following RCW 41.06.280.
Finding—Intent—2006 c 108: "The legislature finds that effective communication between patients, their families, and their caregivers regarding their wishes if they become incapacitated results in health care decisions that are more respectful of patients' desires. Whether the communication is for end-of-life planning or incapacity resulting from mental illness, the state must respect those wishes and support efforts to facilitate such communications and to make that information available when it is needed.
It is the intent of the legislature to establish an electronic registry to improve access to health care decision-making documents. The registry would support, not supplant, the current systems for advance directives and mental health advance directives by improving access to these documents. It is the legislature's intent that the registry would be consulted by health care providers in every instance where there may be a question about the patient's wishes for periods of incapacity and the existence of a document that may clarify a patient's intentions unless the circumstances are such that consulting the registry would compromise the emergency care of the patient." [ 2006 c 108 s 1.]

catchline: Health care declarations registry—Rules—Report. (Effective until June 30, 2027.)


title: RCW 70.122.900

text:
This act shall be known and may be cited as the "Natural Death Act".
[ 1979 c 112 s 1.]

catchline: Short title—1979 c 112.


title: RCW 70.122.910

text:
This chapter shall not be construed as providing the exclusive means by which individuals may make decisions regarding their health treatment, including but not limited to, the withholding or withdrawal of life-sustaining treatment, nor limiting the means provided by case law more expansive than chapter 98, Laws of 1992.
[ 1992 c 98 s 11.]

catchline: Construction.


title: RCW 70.122.915

text:
A directive executed anytime before June 11, 1992, which generally complies with chapter 98, Laws of 1992 is effective under chapter 98, Laws of 1992.
[ 1992 c 98 s 13.]

catchline: Application—1992 c 98.


title: RCW 70.122.925

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 154.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 70.123.010

text:
(1) The legislature finds that domestic violence is an issue of serious concern at all levels of society and government and that there is a pressing need for innovative strategies to address and prevent domestic violence and to strengthen services which will ameliorate and reduce the trauma of domestic violence and enhance survivors' resiliency and autonomy.
(2) The legislature finds that there are a wide range of consequences to domestic violence, including deaths, injuries, hospitalizations, homelessness, employment problems, property damage, and lifelong physical and psychological impacts on victims and their children. These impacts also affect victims' friends and families, neighbors, employers, landlords, law enforcement, the courts, the health care system, and Washington state and society as a whole. Advocacy and shelters for victims of domestic violence are essential to provide support to victims in preventing further abuse and to help victims assess and plan for their immediate and longer term safety, including finding long-range alternative living situations, if requested.
(3) Thus, it is the intent of the legislature to:
(a) Provide for a statewide network of supportive services, emergency shelter services, and advocacy for victims of domestic violence and their dependents;
(b) Provide for culturally relevant and appropriate services for victims of domestic violence and their children from populations that have been traditionally unserved or underserved;
(c) Provide for a statewide domestic violence information and referral resource;
(d) Assist communities in efforts to increase public awareness about, and primary and secondary prevention of domestic violence;
(e) Provide for the collection, analysis, and dissemination of current information related to emerging issues and model and promising practices related to preventing and intervening in situations involving domestic violence; and
(f) Provide for ongoing training and technical assistance for individuals working with victims in community-based domestic violence programs and other persons seeking such training and technical assistance.
[ 2015 c 275 s 1; 1979 ex.s. c 245 s 1.]

catchline: Legislative findings.


title: RCW 70.123.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community advocate" means a person employed or supervised by a community-based domestic violence program who is trained to provide ongoing assistance and advocacy for victims of domestic violence in assessing and planning for safety needs, making appropriate social service, legal, and housing referrals, providing community education, maintaining contacts necessary for prevention efforts, and developing protocols for local systems coordination.
(2) "Community-based domestic violence program" means a nonprofit program or organization that provides, as its primary purpose, assistance and advocacy for domestic violence victims. Domestic violence assistance and advocacy includes crisis intervention, individual and group support, information and referrals, and safety assessment and planning. Domestic violence assistance and advocacy may also include, but is not limited to: Provision of shelter, emergency transportation, self-help services, culturally specific services, legal advocacy, economic advocacy, community education, primary and secondary prevention efforts, and accompaniment and advocacy through medical, legal, immigration, human services, and financial assistance systems. Domestic violence programs that are under the auspices of, or the direct supervision of, a court, law enforcement or prosecution agency, or the child protective services section of the department as defined in RCW 26.44.020, are not considered community-based domestic violence programs.
(3) "Department" means the department of social and health services.
(4) "Domestic violence" means the infliction or threat of physical harm against an intimate partner, and includes physical, sexual, and psychological abuse against the partner, and is a part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance from or control over that intimate partner. It may include, but is not limited to, a categorization of offenses, as defined in RCW 10.99.020, committed by one intimate partner against another.
(5) "Domestic violence coalition" means a statewide nonprofit domestic violence organization that has a membership that includes the majority of the primary purpose, community-based domestic violence programs in the state, has board membership that is representative of community-based, primary purpose domestic violence programs, and has as its purpose to provide education, support, and technical assistance to such community-based, primary purpose domestic violence programs and to assist the programs in providing shelter, advocacy, supportive services, and prevention efforts for victims of domestic violence and dating violence and their dependents.
(6) "Domestic violence program" means an agency, organization, or program with a primary purpose and a history of effective work in providing advocacy, safety assessment and planning, and self-help services for domestic violence in a supportive environment, and includes, but is not limited to, a community-based domestic violence program, emergency shelter, or domestic violence transitional housing program.
(7) "Emergency shelter" means a place of supportive services and safe, temporary lodging offered on a twenty-four hour, seven-day per week basis to victims of domestic violence and their children.
(8) "Intimate partner" means a person who is or was married, in a state registered domestic partnership, or in an intimate or dating relationship with another person at the present or at sometime in the past. Any person who has one or more children in common with another person, regardless of whether they have been married, in a domestic partnership with each other, or lived together at any time, shall be treated as an intimate partner.
(9) "Legal advocate" means a person employed by a domestic violence program or court system to advocate for victims of domestic violence, within the criminal and civil justice systems, by attending court proceedings, assisting in document and case preparation, and ensuring linkage with the community advocate.
(10) "Secretary" means the secretary of the department of social and health services or the secretary's designee.
(11) "Shelter" means temporary lodging and supportive services, offered by community-based domestic violence programs to victims of domestic violence and their children.
(12) "Victim" means an intimate partner who has been subjected to domestic violence.
[ 2015 c 275 s 2; 2008 c 6 s 303; 1991 c 301 s 9; 1979 ex.s. c 245 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Finding—1991 c 301: See note following RCW 10.99.020.

catchline: Definitions.


title: RCW 70.123.030

text:
The department of social and health services, in consultation with relevant state departments, the domestic violence coalition, and individuals or groups having experience and knowledge of the prevention of, and the problems facing victims of domestic violence, including those with experience providing culturally appropriate services to populations that have traditionally been underserved or unserved, shall:
(1) Develop and maintain a plan for delivering domestic violence victim services, prevention efforts, and access to emergency shelter across the state. In developing the plan under this section, the department shall consider the distribution of community-based domestic violence programs and emergency shelter programs in a particular geographic area, population density, and specific population needs, including the needs in rural and urban areas, the availability and existence of domestic violence outreach and prevention activities, and the need for culturally and linguistically appropriate services. The department shall also develop and maintain a plan for providing a statewide toll-free information and referral hotline or other statewide accessible information and referral service for victims of domestic violence;
(2) Establish minimum standards for community-based domestic violence programs, emergency shelter programs, programs providing culturally or linguistically specific services, programs providing prevention and intervention services to children or youth, and programs conducting domestic violence outreach and prevention activities applying for grants from the department under this chapter;
(3) Receive grant applications for the development and establishment of community-based domestic violence programs, emergency shelter programs, and culturally or linguistically specific services for victims of domestic violence, programs providing prevention and intervention services to children who have been exposed to domestic violence or youth who have been victims of dating violence, and programs conducting domestic violence outreach and prevention activities;
(4) Distribute funds to those community-based domestic violence programs, emergency shelter programs, programs providing culturally or linguistically specific services, programs providing prevention and intervention services to children or youth, and programs conducting domestic violence outreach and prevention activities meeting departmental standards;
(5) Evaluate biennially each community-based domestic violence program, emergency shelter program, program providing culturally or linguistically specific services, program providing prevention and intervention services to children or youth, and program conducting domestic violence outreach and prevention activities receiving departmental funds for compliance with the established minimum standards;
(6) Review the minimum standards each biennium to ensure applicability to community and client needs;
(7) Administer funds available from the domestic violence prevention account under RCW 70.123.150 to provide for:
(a) Culturally specific prevention efforts and culturally appropriate community-based domestic violence services for victims of domestic violence from populations that have been traditionally underserved or unserved;
(b) Age appropriate prevention and intervention services for children who have been exposed to domestic violence or youth who have been victims of dating violence; and
(c) Outreach and education efforts by community-based domestic violence programs designed to increase public awareness about, and primary and secondary prevention of, domestic and dating violence; and
(8) Receive applications from, and award grants or issue contracts to, eligible nonprofit groups or organizations with experience and expertise in the field of domestic violence and a statewide perspective for:
(a) Providing resources, ongoing training opportunities, and technical assistance relating to domestic violence for community-based domestic violence programs across the state to develop effective means for preventing domestic violence and providing effective and supportive services and interventions for victims of domestic violence;
(b) Providing resource information, technical assistance, and collaborating to develop model policies and protocols to improve the capacity of individuals, governmental entities, and communities to prevent domestic violence and to provide effective, supportive services and interventions to address domestic violence; and
(c) Providing opportunities to persons working in the area of domestic violence to exchange information and resources.
[ 2015 c 275 s 3; 2005 c 374 s 4; 1989 1st ex.s. c 9 s 235; 1979 ex.s. c 245 s 3.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Departmental duties and responsibilities.


title: RCW 70.123.040

text:
(1) The department shall establish minimum standards that ensure that community-based domestic violence programs provide client-centered advocacy and services designed to enhance immediate and longer term safety, victim autonomy, and security by means such as, but not limited to, safety assessment and planning, information and referral, legal advocacy, culturally and linguistically appropriate services, access to shelter, and client confidentiality.
(2) Minimum standards established by the department under RCW 70.123.030 shall ensure that emergency shelter programs receiving grants under this chapter provide services meeting basic survival needs, where not provided by other means, such as, but not limited to, food, clothing, housing, emergency transportation, child care assistance, safety assessment and planning, and security. Emergency shelters receiving grants under this chapter shall also provide client-centered advocacy and services designed to enhance client autonomy, client confidentiality, and immediate and longer term safety. These services shall be problem-oriented and designed to provide necessary assistance to the victims of domestic violence and their children.
(3) In establishing minimum standards for programs providing culturally relevant prevention efforts and culturally appropriate services, priority for funding must be given to agencies or organizations that have a demonstrated history and expertise of serving domestic violence victims from the relevant populations that have traditionally been underserved or unserved.
(4) In establishing minimum standards for age appropriate prevention and intervention services for children who have been exposed to domestic violence, or youth who have been victims of dating violence, priority for funding must be given to programs with a documented history of effective work in providing advocacy and services to victims of domestic violence or dating violence, or an agency with a demonstrated history of effective work with children and youth partnered with a domestic violence program.
[ 2015 c 275 s 4; 2006 c 259 s 3; 1979 ex.s. c 245 s 4.]

catchline: Department to establish minimum standards.


title: RCW 70.123.070

text:
(1) Community-based domestic violence programs receiving state funds under this chapter shall:
(a) Provide a location to assist victims of domestic violence who have a need for community advocacy or support services;
(b) Make available confidential services, advocacy, and prevention programs to victims of domestic violence and to their children within available resources;
(c) Require that persons employed by or volunteering services for a community-based domestic violence program protect the confidentiality and privacy of domestic violence victims and their families in accordance with this chapter and RCW 5.60.060(8);
(d) Recruit, to the extent feasible, persons who are former victims of domestic violence to work as volunteers or staff personnel. An effort shall also be made to recruit staff and volunteers from relevant communities to provide culturally and linguistically appropriate services;
(e) Ensure that all employees or volunteers providing intervention or prevention programming to domestic violence victims or their children have completed or will complete sufficient training in connection with domestic violence; and
(f) Refrain from engaging in activities that compromise the safety of victims or their children.
(2) Emergency shelter programs receiving state funds under this chapter shall:
(a) Provide intake for and access to safe shelter services to any person who is a victim of domestic violence and to that person's children, within available resources. Priority for emergency shelter shall be made for victims who are in immediate risk of harm or imminent danger from domestic violence;
(b) Require that persons employed by or volunteering services for an emergency shelter protect the confidentiality and privacy of domestic violence victims and their families in accordance with this chapter and RCW 5.60.060(8);
(c) Recruit, to the extent feasible, persons who are former victims of domestic violence to work as volunteers or staff personnel. An effort shall also be made to recruit staff and volunteers from relevant communities to provide culturally and linguistically appropriate services;
(d) Ensure that all employees or volunteers providing intervention or prevention programming to domestic violence victims or their children have completed or will complete sufficient training in connection with domestic violence; and
(e) Refrain from engaging in activities that compromise the safety of victims or their children.
[ 2015 c 275 s 5; 1979 ex.s. c 245 s 7.]

catchline: Duties and responsibilities of community-based domestic violence programs and emergency shelter programs.


title: RCW 70.123.075

text:
(1) Client records maintained by domestic violence programs shall not be subject to discovery in any judicial proceeding unless:
(a) A written pretrial motion is made to a court stating that discovery is requested of the client's domestic violence records;
(b) The written motion is accompanied by an affidavit or affidavits setting forth specifically the reasons why discovery is requested of the domestic violence program's records;
(c) The court reviews the domestic violence program's records in camera to determine whether the domestic violence program's records are relevant and whether the probative value of the records is outweighed by the victim's privacy interest in the confidentiality of such records, taking into account the further trauma that may be inflicted upon the victim or the victim's children by the disclosure of the records; and
(d) The court enters an order stating whether the records or any part of the records are discoverable and setting forth the basis for the court's findings. The court shall further order that the parties are prohibited from further dissemination of the records or parts of the records that are discoverable, and that any portion of any domestic violence program records included in the court file be sealed.
(2) For purposes of this section, "domestic violence program" means a program that provides shelter, advocacy, or counseling services for domestic violence victims.
(3) Disclosure of domestic violence program records is not a waiver of the victim's rights or privileges under statutes, rules of evidence, or common law.
(4) If disclosure of a victim's records is required by court order, the domestic violence program shall make reasonable attempts to provide notice to the recipient affected by the disclosure, and shall take steps necessary to protect the privacy and safety of the persons affected by the disclosure of the information.
[ 2015 c 275 s 6; 1994 c 233 s 1; 1991 c 301 s 10.]
Notes:
Effective date—1994 c 233: "This act shall take effect July 1, 1994." [ 1994 c 233 s 3.]
Finding—1991 c 301: See note following RCW 10.99.020.

catchline: Client records.


title: RCW 70.123.076

text:
(1) Except as authorized in subsections (2) and (3) of this section, or pursuant to court order under RCW 70.123.075, a domestic violence program, an individual who assists a domestic violence program in the delivery of services, or an agent, employee, or volunteer of a domestic violence program shall not disclose information about a recipient of shelter, advocacy, or counseling services without the informed authorization of the recipient. In the case of an unemancipated minor, the minor and the parent or guardian must provide the authorization. For the purposes of this section, a "domestic violence program" means an agency that provides shelter, advocacy, or counseling for domestic violence victims in a supportive environment.
(2)(a) A recipient of shelter, advocacy, or counseling services may authorize a domestic violence program to disclose information about the recipient. The authorization must be in writing, signed by the recipient, or if an unemancipated minor is the recipient, signed by the minor and the parent or guardian, and must contain a reasonable time limit on the duration of the recipient's authorization. If the authorization does not contain a date upon which the authorization to disclose information expires, the recipient's authorization expires ninety days after the date it was signed.
(b) The domestic violence program's disclosure of information shall be only to the extent authorized by the recipient. The domestic violence program, if requested, shall provide a copy of the disclosed information to the recipient.
(c) Except as provided under this chapter, an authorization is not a waiver of the recipient's rights or privileges under other statutes, rules of evidence, or common law.
(3) If disclosure of a recipient's information is required by statute or court order, the domestic violence program shall make reasonable attempts to provide notice to the recipient affected by the disclosure of information. If personally identifying information is or will be disclosed, the domestic violence program shall take steps necessary to protect the privacy and safety of the persons affected by the disclosure of the information.
(4) To comply with tribal, federal, state, or territorial reporting, evaluation, or data collection requirements, domestic violence programs may share data in the aggregate that does not contain personally identifying information and that: (a) Pertains to services to their clients; or (b) is demographic information.
[ 2006 c 259 s 4.]

catchline: Disclosure of recipient information.


title: RCW 70.123.078

text:
(1)(a) No court or administrative body may compel any person or domestic violence program as defined in RCW 70.123.020 to disclose the name, address, or location of any domestic violence program, including a shelter or transitional housing facility location, in any civil or criminal case or in any administrative proceeding unless the court finds by clear and convincing evidence that disclosure is necessary for the implementation of justice after consideration of safety and confidentiality concerns of the parties and other residents of the domestic violence program, and other alternatives to disclosure that would protect the interests of the parties.
(b) The court's findings shall be made following a hearing in which the domestic violence program has been provided notice of the request for disclosure and an opportunity to respond.
(2) In any proceeding where the confidential name, address, or location of a domestic violence program is ordered to be disclosed, the court shall order that the parties be prohibited from further dissemination of the confidential information, and that any portion of any records containing such confidential information be sealed.
(3) Any person who obtains access to and intentionally and maliciously releases confidential information about the location of a domestic violence program for any purpose other than required by a court proceeding is guilty of a gross misdemeanor.
[ 2012 c 223 s 9. Formerly RCW 26.50.250.]

catchline: Disclosure of information.


title: RCW 70.123.080

text:
The department shall consult in all phases with key stakeholders in the implementation of this chapter, including relevant state departments, the domestic violence coalition, individuals or groups who have experience providing culturally appropriate services to populations that have traditionally been underserved or unserved, and other persons and organizations having experience and expertise in the field of domestic violence.
[ 2015 c 275 s 7; 1979 ex.s. c 245 s 8.]

catchline: Department to consult.


title: RCW 70.123.090

text:
The department is authorized, under this chapter and the rules adopted to effectuate its purposes, to make available grants awarded on a contract basis to public or private nonprofit agencies, organizations, or individuals providing community-based domestic violence services, emergency shelter services, domestic violence hotline or information and referral services, and prevention efforts meeting minimum standards established by the department. Consideration as to need, geographic location, population ratios, the needs of specific underserved and cultural populations, and the extent of existing services shall be made in the award of grants. The department shall provide consultation to any nonprofit organization desiring to apply for the contracts if the organization does not possess the resources and expertise necessary to develop and transmit an application without assistance.
[ 2015 c 275 s 8; 1979 ex.s. c 245 s 9.]

catchline: Department authorized to make available grants to certain entities.


title: RCW 70.123.100

text:
The department shall seek, receive, and make use of any funds which may be available from federal or other sources in order to augment state funds appropriated for the purpose of this chapter, and shall make every effort to qualify for federal funding.
[ 1997 c 160 s 1; 1979 ex.s. c 245 s 10.]

catchline: Funding for shelters.


title: RCW 70.123.110

text:
Aged, blind, or disabled assistance benefits, essential needs and housing support benefits, pregnant women assistance benefits, or temporary assistance for needy families payments shall be made to otherwise eligible individuals who are residing in a secure shelter, a housing network, an emergency shelter, or other shelter facility which provides shelter services to persons who are victims of domestic violence. Provisions shall be made by the department for the confidentiality of the shelter addresses where victims are residing.
[ 2015 c 275 s 9; 2011 1st sp.s. c 36 s 16; 2010 1st sp.s. c 8 s 16; 1997 c 59 s 9; 1979 ex.s. c 245 s 11.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.

catchline: Assistance to families in shelters.


title: RCW 70.123.120

text:
A shelter shall not be held liable in any civil action for denial or withdrawal of services provided pursuant to the provisions of this chapter.
[ 1979 ex.s. c 245 s 12.]

catchline: Liability for withholding services.


title: RCW 70.123.140

text:
(1) A county or group of counties may apply to the department for a technical assistance grant to develop a comprehensive county plan for dealing with domestic violence. The county authority may contract with a local nonprofit entity to develop the plan.
(2) County comprehensive plans shall be developed in consultation with the department, domestic violence programs, schools, law enforcement, and health care, legal, and social service providers that provide services to persons affected by domestic violence.
(3) County comprehensive plans shall be based on the following principles:
(a) The safety of the victim is primary;
(b) The community needs to be well-educated about domestic violence;
(c) Those who want to and who should intervene need to know how to do so effectively;
(d) Adequate services, both crisis and long-term support, should exist throughout all parts of the county;
(e) Police and courts should hold the batterer accountable for his or her crimes;
(f) Treatment for batterers should be provided by qualified counselors; and
(g) Coordination teams are needed to ensure that the system continues to work over the coming decades.
(4) County comprehensive plans shall provide for the following:
(a) Public education about domestic violence;
(b) Training for professionals on how to recognize domestic violence and assist those affected by it;
(c) Development of protocols among agencies so that professionals respond to domestic violence in an effective, consistent manner;
(d) Development of services to victims of domestic violence and their families, including shelters, safe homes, transitional housing, community and legal advocates, and children's services; and
(e) Local and regional teams to oversee implementation of the system, ensure that efforts continue over the years, and assist with day-to-day and systemwide coordination.
[ 1991 c 301 s 12.]
Notes:
Finding—1991 c 301: See note following RCW 10.99.020.

catchline: Technical assistance grant for county plans.


title: RCW 70.123.150

text:
The domestic violence prevention account is created in the state treasury. All receipts from fees imposed for deposit in the domestic violence prevention account under RCW 36.18.016 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for funding the following:
(1) Culturally specific prevention efforts and culturally appropriate community-based domestic violence services for victims of domestic violence from populations that have been traditionally underserved or unserved;
(2) Age appropriate prevention and intervention services for children who have been exposed to domestic violence or youth who have been victims of dating violence; and
(3) Outreach and education efforts by community-based domestic violence programs designed to increase public awareness about, and primary and secondary prevention of, domestic and dating violence.
[ 2015 c 275 s 10; 2005 c 374 s 3.]

catchline: Domestic violence prevention account.


title: RCW 70.124.010

text:
(1) The Washington state legislature finds and declares that a reporting system is needed to protect state hospital patients from abuse. Instances of nonaccidental injury, neglect, death, sexual abuse, and cruelty to such patients have occurred, and in the instance where such a patient is deprived of his or her right to conditions of minimal health and safety, the state is justified in emergency intervention based upon verified information. Therefore the Washington state legislature hereby provides for the reporting of such cases to the appropriate public authorities.
(2) It is the intent of the legislature that: (a) As a result of such reports, protective services shall be made available in an effort to prevent further abuses, and to safeguard the general welfare of the patients; and (b) such reports shall be maintained and disseminated with strictest regard for the privacy of the subjects of such reports and so as to safeguard against arbitrary, malicious, or erroneous information or actions.
[ 1999 c 176 s 20; 1981 c 174 s 1; 1979 ex.s. c 228 s 1.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.


title: RCW 70.124.020

text:
Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Court" means the superior court of the state of Washington.
(2) "Law enforcement agency" means the police department, the director of public safety, or the office of the sheriff.
(3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, pharmacy, physical therapy, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery. The term "practitioner" includes a nurse's aide and a duly accredited Christian Science practitioner.
(4) "Department" means the state department of social and health services.
(5) "Social worker" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of patients, or providing social services to patients, whether in an individual capacity or as an employee or agent of any public or private organization or institution.
(6) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(7) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(8) "Abuse or neglect" or "patient abuse or neglect" means the nonaccidental physical injury or condition, sexual abuse, or negligent treatment of a state hospital patient under circumstances which indicate that the patient's health, welfare, or safety is harmed thereby.
(9) "Negligent treatment" means an act or omission which evinces a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the patient's health, welfare, or safety.
(10) "State hospital" means any hospital operated and maintained by the state for the care of the mentally ill under chapter 72.23 RCW.
[ 1999 c 176 s 21; 1997 c 392 s 519; 1996 c 178 s 24; 1981 c 174 s 2; 1979 ex.s. c 228 s 2.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Effective date—1996 c 178: See note following RCW 18.35.110.


title: RCW 70.124.030

text:
(1) When any practitioner, social worker, psychologist, pharmacist, employee of a state hospital, or employee of the department has reasonable cause to believe that a state hospital patient has suffered abuse or neglect, the person shall report such incident, or cause a report to be made, to either a law enforcement agency or to the department as provided in RCW 70.124.040.
(2) Any other person who has reasonable cause to believe that a state hospital patient has suffered abuse or neglect may report such incident to either a law enforcement agency or to the department as provided in RCW 70.124.040.
(3) The department or any law enforcement agency receiving a report of an incident of abuse or neglect involving a state hospital patient who has died or has had physical injury or injuries inflicted other than by accidental means or who has been subjected to sexual abuse shall report the incident to the proper county prosecutor for appropriate action.
[ 1999 c 176 s 22; 1981 c 174 s 3; 1979 ex.s. c 228 s 3.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.

catchline: Reports of abuse or neglect.


title: RCW 70.124.040

text:
(1) Where a report is required under RCW 70.124.030, an immediate oral report must be made by telephone or otherwise to either a law enforcement agency or to the department and, upon request, must be followed by a report in writing. The reports must contain the following information, if known:
(a) The name and address of the person making the report;
(b) The name and address of the state hospital patient;
(c) The name and address of the patient's relatives having responsibility for the patient;
(d) The nature and extent of the alleged injury or injuries;
(e) The nature and extent of the alleged neglect;
(f) The nature and extent of the alleged sexual abuse;
(g) Any evidence of previous injuries, including their nature and extent; and
(h) Any other information that may be helpful in establishing the cause of the patient's death, injury, or injuries, and the identity of the perpetrator or perpetrators.
(2) Each law enforcement agency receiving such a report shall, in addition to taking the action required by RCW 70.124.050, immediately relay the report to the department, and to other law enforcement agencies, including the medicaid fraud control unit of the office of the attorney general, as appropriate. For any report it receives, the department shall likewise take the required action and in addition relay the report to the appropriate law enforcement agency or agencies. The appropriate law enforcement agency or agencies must receive immediate notification when the department, upon receipt of such report, has reasonable cause to believe that a criminal act has been committed.
[ 1999 c 176 s 23. Prior: 1997 c 392 s 520; 1997 c 386 s 30; 1981 c 174 s 4; 1979 ex.s. c 228 s 4.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.

catchline: Reports to department or law enforcement agency—Action required.


title: RCW 70.124.050

text:
Upon the receipt of a report concerning the possible occurrence of abuse or neglect, it is the duty of the law enforcement agency and the department to commence an investigation within twenty-four hours of such receipt and, where appropriate, submit a report to the appropriate prosecuting attorney. The local prosecutor may seek a restraining order to prohibit continued patient abuse. In all cases investigated by the department a report to the complainant shall be made by the department.
[ 1983 1st ex.s. c 41 s 24; 1979 ex.s. c 228 s 5.]
Notes:
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.

catchline: Investigations required—Seeking restraining orders authorized.


title: RCW 70.124.060

text:
(1) A person other than a person alleged to have committed the abuse or neglect participating in good faith in the making of a report pursuant to this chapter, or testifying as to alleged patient abuse or neglect in a judicial proceeding, is, in so doing, immune from any liability, civil or criminal, arising out of such reporting or testifying under any law of this state or its political subdivisions, and if such person is an employee of a state hospital it is an unfair practice under chapter 49.60 RCW for the employer to discharge, expel, or otherwise discriminate against the employee for such reporting activity.
(2) Conduct conforming with the reporting requirements of this chapter is not a violation of the confidential communication privilege of RCW 5.60.060 (3) or (4) or 18.83.110. Nothing in this chapter supersedes or abridges remedies provided in chapter 4.92 RCW.
[ 1999 c 176 s 24; 1993 c 510 s 25; 1981 c 174 s 5; 1979 ex.s. c 228 s 6.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Severability—1993 c 510: See note following RCW 49.60.010.

catchline: Liability of persons making reports.


title: RCW 70.124.070

text:
A person who is required to make or to cause to be made a report pursuant to RCW 70.124.030 or 70.124.040 and who knowingly fails to make such report or fails to cause such report to be made is guilty of a gross misdemeanor.
[ 1997 c 392 s 521; 1979 ex.s. c 228 s 7.]
Notes:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Failure to report is gross misdemeanor.


title: RCW 70.124.080

text:
The department shall forward to the appropriate state licensing authority a copy of any report received pursuant to this chapter which alleges that a person who is professionally licensed by this state has abused or neglected a patient.
[ 1979 ex.s. c 228 s 8.]

catchline: Department reports of abused or neglected patients.


title: RCW 70.124.090

text:
In the adoption of rules under the authority of this chapter, the department shall provide for the publication and dissemination to state hospitals and state hospital employees and the posting where appropriate by state hospitals of informational, educational, or training materials calculated to aid and assist in achieving the objectives of this chapter.
[ 1999 c 176 s 25; 1981 c 174 s 6; 1979 ex.s. c 228 s 9.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.

catchline: Publicizing objectives.


title: RCW 70.124.100

text:
(1) An employee who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, has the remedies provided under chapter 49.60 RCW. RCW 4.24.500 through 4.24.520, providing certain protection to persons who communicate to government agencies, apply to complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department about suspected abuse, neglect, financial exploitation, or abandonment by any person in a state hospital may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith.
(2)(a) An attempt to discharge a resident from a state hospital or any type of discriminatory treatment of a resident by whom, or upon whose behalf, a complaint substantiated by the department has been submitted to the department or any proceeding instituted under or related to this chapter within one year of the filing of the complaint or the institution of the action, raises a rebuttable presumption that the action was in retaliation for the filing of the complaint.
(b) The presumption is rebutted by credible evidence establishing the alleged retaliatory action was initiated prior to the complaint.
(c) The presumption is rebutted by a functional assessment conducted by the department that shows that the resident's needs cannot be met by the reasonable accommodations of the facility due to the increased needs of the resident.
(3) For the purposes of this section:
(a) "Whistleblower" means a resident or employee of a state hospital or any person licensed under Title 18 RCW, who in good faith reports alleged abuse, neglect, financial exploitation, or abandonment to the department or to a law enforcement agency;
(b) "Workplace reprisal or retaliatory action" means, but is not limited to: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct under Title 18 RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; denial of employment; or a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower; and
(c) "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.
(4) This section does not prohibit a state hospital from exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. The protections provided to whistleblowers under this chapter shall not prevent a state hospital from: (a) Terminating, suspending, or disciplining a whistleblower for other lawful purposes; or (b) for facilities with six or fewer residents, reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The department shall determine if the facility cannot meet payroll in cases where a whistleblower has been terminated or had hours of employment reduced due to the inability of a facility to meet payroll.
(5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter.
(6) No resident who relies upon and is being provided spiritual treatment in lieu of medical treatment in accordance with the tenets and practices of a well-recognized religious denomination shall for that reason alone be considered abandoned, abused, or neglected, nor shall anything in this chapter be construed to authorize, permit, or require medical treatment contrary to the stated or clearly implied objection of such a person.
(7) The department shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes.
[ 1999 c 176 s 26; 1997 c 392 s 201.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Retaliation against whistleblowers and residents—Remedies—Rules.


title: RCW 70.125.010

text:
This chapter may be known and cited as the Victims of Sexual Assault Act.
[ 1979 ex.s. c 219 s 1.]
Notes:
Severability—1979 ex.s. c 219: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 219 s 22.]

catchline: Short title.


title: RCW 70.125.020

text:
The legislature hereby finds and declares that:
(1) Sexual assault is a serious crime in society, affecting a large number of children, women, and men each year;
(2) Efforts over many years to distribute information and collect data have demonstrated the incidence of sexual assault that continues to impact communities, families, and individuals;
(3) Over the past three decades, law enforcement, prosecutors, medical professionals, educators, mental health providers, public health professionals, and victim advocates have benefited from a commitment to training and learning regarding appropriate responses to and services for victims of sexual assault;
(4) This same effort has resulted in increased public awareness of sexual assault and its impact on communities, families, and individuals;
(5) Law enforcement, prosecutors, medical professionals, educators, mental health providers, public health professionals, and victim advocates should continue to work closely and collaboratively to improve responses to and services for victims of sexual assault;
(6) The physical, emotional, financial, and psychological needs of victims and their families are particularly well-served by timely and effective services provided in local communities; and
(7) Persons who are victims of sexual assault benefit directly from continued public awareness and education, prosecutions of offenders, a criminal justice system which treats them in a humane manner, and access to victim-centered, culturally relevant services.
[ 2012 c 29 s 9; 1979 ex.s. c 219 s 2.]
Notes:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Findings.


title: RCW 70.125.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community sexual assault program" means a community-based social service agency that is qualified to provide and provides core services to victims of sexual assault.
(2) "Core services" means those services that are victim-centered community-based advocacy responses to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.
(3) "Department" means the department of commerce.
(4) "Law enforcement agencies" means police and sheriff's departments and tribal law enforcement departments or agencies of this state.
(5) "Personal representative" means a friend, relative, attorney, or employee or volunteer from a community sexual assault program or specialized treatment service provider.
(6) "Services for underserved populations" means culturally relevant victim-centered community-based advocacy responses to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.
(7) "Sexual assault" means one or more of the following:
(a) Rape or rape of a child;
(b) Assault with intent to commit rape or rape of a child;
(c) Incest or indecent liberties;
(d) Child molestation;
(e) Sexual misconduct with a minor;
(f) Custodial sexual misconduct;
(g) Crimes with a sexual motivation;
(h) Sexual exploitation or commercial sex abuse of a minor;
(i) Promoting prostitution; or
(j) An attempt to commit any of the aforementioned offenses.
(8) "Specialized services" means those services intended to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.
(9) "Victim" means any person who suffers physical, emotional, financial, and psychological impact as a proximate result of a sexual assault.
[ 2012 c 29 s 10. Prior: 2009 c 565 s 50; 2000 c 54 s 1; 1999 c 45 s 6; 1996 c 123 s 6; 1988 c 145 s 19; 1979 ex.s. c 219 s 3.]
Notes:
Transfer of powers and duties—1996 c 123: "The powers and duties of the department of social and health services under this chapter shall be transferred to the *department of community, trade, and economic development on July 1, 1996. The department of social and health services shall transfer all unspent appropriated funds, records, and documents necessary to facilitate a successful transfer." [ 1996 c 123 s 9.]
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Effective date—1996 c 123: See note following RCW 43.280.010.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Definitions.


title: RCW 70.125.060

text:
If the victim of a sexual assault so desires, a personal representative of the victim's choice may accompany the victim to the hospital or other health care facility, and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.
[ 1979 ex.s. c 219 s 6.]
Notes:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Personal representative may accompany victim during treatment or proceedings.


title: RCW 70.125.065

text:
Records maintained by a community sexual assault program and underserved populations provider shall not be made available to any defense attorney as part of discovery in a sexual assault case unless:
(1) A written pretrial motion is made by the defendant to the court stating that the defendant is requesting discovery of the community sexual assault program or underserved populations provider records;
(2) The written motion is accompanied by an affidavit or affidavits setting forth specifically the reasons why the defendant is requesting discovery of the community sexual assault program or underserved populations provider records;
(3) The court reviews the community sexual assault program or underserved populations provider records in camera to determine whether the community sexual assault program or underserved populations provider records are relevant and whether the probative value of the records is outweighed by the victim's privacy interest in the confidentiality of such records taking into account the further trauma that may be inflicted upon the victim by the disclosure of the records to the defendant; and
(4) The court enters an order stating whether the records or any part of the records are discoverable and setting forth the basis for the court's findings.
[ 2012 c 29 s 11; 1981 c 145 s 9.]

catchline: Records of community sexual assault program and underserved populations provider not available as part of discovery—Exceptions.


title: RCW 70.125.110

text:
(1) In addition to all other rights provided in law, a sexual assault survivor has the right to:
(a) Receive a medical forensic examination at no cost;
(b) Receive written notice of the right under (a) of this subsection and that he or she may be eligible for other benefits under the crime victim compensation program, through a form developed by the office of crime victims advocacy, from the medical facility providing the survivor medical treatment relating to the sexual assault;
(c) Receive a referral to an accredited community sexual assault program or, in the case of a survivor who is a minor, receive a connection to services in accordance with the county child sexual abuse investigation protocol under RCW 26.44.180, which may include a referral to a children's advocacy center, when presenting at a medical facility for medical treatment relating to the assault and also when reporting the assault to a law enforcement officer;
(d) Consult with a sexual assault survivor's advocate throughout the investigatory process and prosecution of the survivor's case, including during: Any medical evidentiary examination at a medical facility; any interview by law enforcement officers, prosecuting attorneys, or defense attorneys; and court proceedings, except while providing testimony in a criminal trial, in which case the advocate may be present in the courtroom. Medical facilities, law enforcement officers, prosecuting attorneys, defense attorneys, courts and other applicable criminal justice agencies, including correctional facilities, are responsible for providing advocates access to facilities where necessary to fulfill the requirements under this subsection. The right in this subsection applies regardless of whether a survivor has waived the right in a previous examination or interview;
(e) Be informed in writing of policies governing the collection and preservation of a sexual assault kit;
(f) Be informed, upon the request of a survivor, of when the forensic analysis of his or her sexual assault kit and other related physical evidence will be or was completed, the results of the forensic analysis, and whether the analysis yielded a DNA profile and match, provided that the disclosure is made at an appropriate time so as to not impede or compromise an ongoing investigation;
(g) Upon written request of a survivor, be granted further preservation of his or her sexual assault kit or its probative contents, without charge;
(h) Upon written request of a survivor, receive written notification from the appropriate official with custody of his or her sexual assault kit not later than 60 days before the date of the intended destruction or disposal of his or her sexual assault kit;
(i) Receive a copy of the police report related to the investigation without charge;
(j) Review his or her statement before law enforcement refers a case to the prosecuting attorney;
(k) Receive timely notifications from the law enforcement agency and prosecuting attorney as to the status of the investigation and any related prosecution of the survivor's case;
(l) Be informed by the law enforcement agency and prosecuting attorney as to the expected and appropriate time frames for receiving responses to the survivor's inquiries regarding the status of the investigation and any related prosecution of the survivor's case; and further, receive responses to the survivor's inquiries in a manner consistent with those time frames;
(m) Access interpreter services where necessary to facilitate communication throughout the investigatory process and prosecution of the survivor's case; and
(n) Where the sexual assault survivor is a minor, have:
(i) The prosecutor consider and discuss the survivor's requests for remote video testimony under RCW 9A.44.150 when appropriate; and
(ii) The court consider requests from the prosecutor for safeguarding the survivor's feelings of security and safety in the courtroom in order to facilitate the survivor's testimony and participation in the criminal justice process.
(2) A sexual assault survivor retains all the rights of this section regardless of whether the survivor agrees to participate in the criminal justice system and regardless of whether the survivor agrees to receive a forensic examination to collect evidence.
(3) If a survivor is denied any right enumerated in subsection (1) of this section, he or she may seek an order directing compliance by the relevant party or parties by filing a petition in the superior court in the county in which the sexual assault occurred and providing notice of such petition to the relevant party or parties. Compliance with the right is the sole remedy available to the survivor. The court shall expedite consideration of a petition filed under this subsection.
(4) Nothing contained in this section may be construed to provide grounds for error in favor of a criminal defendant in a criminal proceeding. Except in the circumstances as provided in subsection (3) of this section, this section does not grant a new cause of action or remedy against the state, its political subdivisions, law enforcement agencies, or prosecuting attorneys. The failure of a person to make a reasonable effort to protect or adhere to the rights enumerated in this section may not result in civil liability against that person. This section does not limit other civil remedies or defenses of the sexual assault survivor or the offender.
(5) For the purposes of this section:
(a) "Law enforcement officer" means a general authority Washington peace officer, as defined in RCW 10.93.020, or any person employed by a private police agency at a public school as described in RCW 28A.150.010 or an institution of higher education, as defined in RCW 28B.10.016.
(b) "Sexual assault survivor" means any person who is a victim, as defined in RCW 7.69.020, of sexual assault. However, if a victim is incapacitated, deceased, or a minor, sexual assault survivor also includes any lawful representative of the victim, including a parent, guardian, spouse, or other designated representative, unless the person is an alleged perpetrator or suspect.
(c) "Sexual assault survivor's advocate" means any person who is defined in RCW 5.60.060 as a sexual assault advocate, or a crime victim advocate.
[ 2025 c 124 s 3; 2021 c 118 s 4; 2019 c 93 s 9.]
Notes:
Effective date—2021 c 118: See note following RCW 5.70.060.

catchline: Rights of sexual assault survivors.


title: RCW 70.125.120

text:
(1) Any minor age 13 years or older may consent to a sexual assault forensic examination conducted for the purposes of gathering evidence for possible prosecution.
(2) Any minor age 13 years or older may give consent to the furnishing of hospital, medical, and surgical care for any sexually transmitted disease or suspected sexually transmitted disease as a result of a sexual assault.
[ 2024 c 297 s 18.]
Notes:
Effective date—2024 c 297: See note following RCW 7.68.127.

catchline: Minors—Consent for forensic examination, sexually transmitted disease treatment.


title: RCW 70.126.001

text:
The legislature finds that the cost of medical care in general and hospital care in particular has risen dramatically in recent years, and that in 1981, such costs rose faster than in any year since World War II. The purpose of RCW 70.126.001 through * 70.126.050 is to support the provision of less expensive and more appropriate levels of care, home health care and hospice care, in order to avoid hospitalization or shorten hospital stays.
[ 1983 c 249 s 4.]
Notes:
*Reviser's note: RCW 70.126.040 and 70.126.050 were repealed by 1988 c 245 s 34, effective July 1, 1989.
Effective date—Implementation—1983 c 249: "This act shall take effect on July 1, 1984. The department of social and health services shall immediately take such steps as are necessary to insure that this act is implemented on its effective date." [ 1983 c 249 s 11.]

catchline: Legislative finding.


title: RCW 70.126.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Hospice" means a private or public agency or organization that administers and provides hospice care and is licensed by the department of social and health services as a hospice care agency.
(2) "Hospice care" means care prescribed and supervised by the attending physician and provided by the hospice to the terminally ill in accordance with the standards of RCW 70.126.030.
(3) "Home health agency" means a private or public agency or organization that administers and provides home health care and is licensed by the department of social and health services as a home health care agency.
(4) "Home health care" means services, supplies, and medical equipment that meet the standards of RCW 70.126.020, prescribed and supervised by the attending physician, and provided through a home health agency and rendered to members in their residences when hospitalization would otherwise be required.
(5) "Home health aide" means a person employed by a home health agency or a hospice who is providing part-time or intermittent care under the supervision of a registered nurse, a physical therapist, occupational therapist, or speech therapist. Such care includes ambulation and exercise, assistance with self-administered medications, reporting changes in patients' conditions and needs, completing appropriate records, and personal care or household services that are needed to achieve the medically desired results.
(6) "Home health care plan of treatment" means a written plan of care established and periodically reviewed by a physician that describes medically necessary home health care to be provided to a patient for treatment of illness or injury.
(7) "Hospice plan of care" means a written plan of care established and periodically reviewed by a physician that describes hospice care to be provided to a terminally ill patient for palliation or medically necessary treatment of an illness or injury.
(8) "Physician" means a physician licensed under chapter 18.57 or 18.71 RCW.
[ 1988 c 245 s 29; 1984 c 22 s 4; 1983 c 249 s 5.]
Notes:
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.


title: RCW 70.126.020

text:
(1) Home health care shall be provided by a home health agency and shall:
(a) Be delivered by a registered nurse, physical therapist, occupational therapist, speech therapist, or home health aide on a part-time or intermittent basis;
(b) Include, as applicable under the written plan, supplies and equipment such as:
(i) Drugs and medicines that are legally obtainable only upon a physician's written prescription, and insulin;
(ii) Rental of durable medical apparatus and medical equipment such as wheelchairs, hospital beds, respirators, splints, trusses, braces, or crutches needed for treatment;
(iii) Supplies normally used for hospital inpatients and dispensed by the home health agency such as oxygen, catheters, needles, syringes, dressings, materials used in aseptic techniques, irrigation solutions, and intravenous fluids.
(2) The following services may be included when medically necessary, ordered by the attending physician, and included in the approved plan of treatment:
(a) Licensed practical nurses;
(b) Respiratory therapists;
(c) Social workers holding a master's degree or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;
(d) Ambulance service that is certified by the physician as necessary in the approved plan of treatment because of the patient's physical condition or for unexpected emergency situations.
(3) Services not included in home health care include:
(a) Nonmedical, custodial, or housekeeping services except by home health aides as ordered in the approved plan of treatment;
(b) "Meals on Wheels" or similar food services;
(c) Nutritional guidance;
(d) Services performed by family members;
(e) Services not included in an approved plan of treatment;
(f) Supportive environmental materials such as handrails, ramps, telephones, air conditioners, and similar appliances and devices.
[ 2011 c 89 s 12; 1984 c 22 s 5; 1983 c 249 s 6.]
Notes:
Effective date—2011 c 89: See note following RCW 18.320.005.
Findings—2011 c 89: See RCW 18.320.005.
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.

catchline: Home health care—Services and supplies included, not included.


title: RCW 70.126.030

text:
(1) Hospice care shall be provided by a hospice and shall meet the standards of RCW 70.126.020(1) (a) and (b)(ii) and (iii).
(2) A written hospice care plan shall be approved by a physician and shall be reviewed at designated intervals.
(3) The following services for necessary medical or palliative care shall be included when ordered by the attending physician and included in the approved plan of treatment:
(a) Short-term care as an inpatient;
(b) Care of the terminally ill in an individual's home on an outpatient basis as included in the approved plan of treatment;
(c) Respite care that is continuous care in the most appropriate setting for a maximum of five days per three-month period of hospice care.
[ 1984 c 22 s 6; 1983 c 249 s 7.]
Notes:
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.

catchline: Hospice care—Provider, plan, services included.


title: RCW 70.126.060

text:
The provisions of this chapter apply only for the purposes of determining benefits to be included in the offering of optional coverage for home health and hospice care services, as provided in RCW 48.21.220, 48.21A.090, and 48.44.320 and do not apply for the purposes of licensure.
[ 1988 c 245 s 30.]

catchline: Application of chapter.


title: RCW 70.126.070

text:
This chapter does not apply to hospital at-home services provided by an acute care hospital licensed under chapter 70.41 RCW.
[ 2024 c 259 s 3.]
Notes:
Findings—Intent—2024 c 259: See note following RCW 70.41.550.

catchline: Hospital at-home services.