title: RCW 70.08.070

text:
Notwithstanding any provisions to the contrary contained in any city or county charter, and to the extent provided by the city and the county pursuant to appropriate legislative enactment, employees of the combined city and county health department may be included in the personnel system or civil service and retirement plans of the city or the county or a personnel system for the combined city and county health department that is separate from the personnel system or civil service of either county or city: PROVIDED, That residential requirements for such positions shall be coextensive with the county boundaries: PROVIDED FURTHER, That the city or county is authorized to pay such parts of the expense of operating and maintaining such personnel system or civil service and retirement system and to contribute to the retirement fund in behalf of employees such sums as may be agreed upon between the legislative authorities of such city and county.
[ 1982 c 203 s 1; 1980 c 57 s 2; 1949 c 46 s 5; Rem. Supp. 1949 s 6099-34.]

catchline: Employees may be included in civil service or retirement plans of city, county, or combined department.


doc_type: statute

jurisdiction: wa

title: RCW 70.08.080

text:
The city by ordinance, and the county by appropriate legislative enactment, under this chapter may pool all or any part of their respective funds available for public health purposes, in the office of the city treasurer or the office of the county treasurer in a special pooling fund to be established in accordance with agreements between the legislative authorities of said city and county and which shall be expended for the combined health department.
[ 1980 c 57 s 3; 1949 c 46 s 6; Rem. Supp. 1949 s 6099-35.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Pooling of funds.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70.08.090

text:
Any other city in said county, other governmental agency or any charitable or health agency may by contract or by agreement with the governing bodies of the combined health department receive public health services.
[ 1949 c 46 s 7; Rem. Supp. 1949 s 6099-36.]

catchline: Other cities or agencies may contract for services.


title: RCW 70.08.100

text:
Agreement to operate a combined city and county health department made under this chapter may after two years from the date of such agreement, be terminated by either party at the end of any calendar year upon notice in writing given at least six months prior thereto. The termination of such agreement shall not relieve either party of any obligations to which it has been previously committed.
[ 1949 c 46 s 10; Rem. Supp. 1949 s 6099-39.]

catchline: Termination of agreement to operate combined city-county health department.


title: RCW 70.08.110

text:
Any expenditures heretofore made by a city of one hundred thousand population or more, and by the county in which it is located, not made fraudulently and which were within the legal limits of indebtedness, towards the expense of maintenance and operation of a combined health department, are hereby legalized and ratified.
[ 1949 c 46 s 11; Rem. Supp. 1949 s 6099-40.]

catchline: Prior expenditures in operating combined health department ratified.


title: RCW 70.10.010

text:
It is declared to be the policy of the legislature of the state of Washington that, wherever feasible, community health services and services for persons with mental illness or intellectual disabilities shall be combined within single facilities in order to provide maximum utilization of available funds and personnel, and to assure the greatest possible coordination of such services for the benefit of those requiring them. It is further declared to be the policy of the legislature to authorize the state to cooperate with counties, cities, and other municipal corporations in order to encourage them to take such steps as may be necessary to construct comprehensive community health centers in communities throughout the state.
[ 2010 c 94 s 15; 1967 ex.s. c 4 s 1.]
Notes:
Purpose—2010 c 94: See note following RCW 44.04.280.

catchline: Declaration of policy—Combining health services—State authorized to cooperate with other entities in constructing.


title: RCW 70.10.020

text:
The term "comprehensive community health center" as used in this chapter shall mean a health facility housing community health, mental health, and developmental disabilities services.
[ 1977 ex.s. c 80 s 37; 1967 ex.s. c 4 s 2.]
Notes:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: "Comprehensive community health center" defined.


title: RCW 70.10.030

text:
The several agencies of the state authorized to administer within the state the various federal acts providing federal moneys to assist in the cost of establishing facilities for community health and mental health and facilities for persons with intellectual disabilities, are authorized to apply for and disburse federal grants, matching funds, or other funds, including gifts or donations from any source, available for use by counties, cities, other municipal corporations or nonprofit corporations. Upon application, these agencies shall also be authorized to distribute such state funds as may be appropriated by the legislature for such local construction projects: PROVIDED, That where state funds have been appropriated to assist in covering the cost of constructing a comprehensive community health center, or a facility for community health and mental health or a facility for persons with intellectual disabilities, and where any county, city, other municipal corporation or nonprofit corporation has submitted an approved application for such state funds, then, after any applicable federal grant has been deducted from the total cost of construction, the state agency or agencies in charge of each program may allocate to such applicant an amount not to exceed fifty percent of that particular program's contribution toward the balance of remaining construction costs.
[ 2010 c 94 s 16; 1967 ex.s. c 4 s 3.]
Notes:
Purpose—2010 c 94: See note following RCW 44.04.280.

catchline: Authorization to apply for and administer federal or state funds.


title: RCW 70.10.040

text:
Any application for federal or state funds to be used for construction of the community health, mental health, or developmental disabilities facility, which will be part of the comprehensive community health center as defined in RCW 70.10.020, shall be separately processed and approved by the state agency which has been designated to administer the particular federal or state program involved. Any application for federal or state funds for a construction project to establish a community health, mental health, or developmental disabilities facility not part of a comprehensive health center shall be processed by the state agency which is designated to administer the particular federal or state program involved. This agency shall also forward a copy of the application to the other agency or agencies designated to administer the program or programs providing funds for construction of the facilities which make up a comprehensive health center. The agency or agencies receiving this copy of the application shall have a period of time not to exceed sixty days in which to file a statement with the agency to which the application has been submitted and to any statutory advisory council or committee which has been designated to advise the administering agency with regard to the program, stating that the proposed facility should or should not be part of a comprehensive health center.
[ 1977 ex.s. c 80 s 38; 1967 ex.s. c 4 s 4.]
Notes:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Application for federal or state funds for construction of facility as part of or separate from health center—Processing and approval by administering agencies—Decision on use as part of comprehensive health center.


title: RCW 70.10.050

text:
The several state agencies processing applications for the construction of comprehensive health centers for community health, mental health, or developmental disability facilities shall cooperate to develop general procedures to be used in implementing the statute and to attempt to develop application forms and procedures which are as nearly standard as possible, after taking cognizance of the different information required in the various programs, to assist applicants in applying to various state agencies.
[ 1977 ex.s. c 80 s 39; 1967 ex.s. c 4 s 5.]
Notes:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Application for federal or state funds for construction of facility as part of or separate from health center—Cooperation between agencies in standardizing application procedures and forms.


title: RCW 70.10.060

text:
In furtherance of the legislative policy to authorize the state to cooperate with the federal government in facilitating the construction of comprehensive community health centers, the state agencies involved shall adopt such rules and regulations as may become necessary to entitle the state and local units of government to share in federal grants, matching funds, or other funds, unless the same be expressly prohibited by this chapter. Any section or provision of this chapter susceptible to more than one construction shall be interpreted in favor of the construction most likely to satisfy federal laws entitling the state and local units of government to receive federal grants, matching funds or other funds for the construction of comprehensive community health centers.
[ 1967 ex.s. c 4 s 6.]

catchline: Adoption of rules and regulations—Liberal construction of chapter.


title: RCW 70.100.010

text:
As used in this chapter:
"Eye protection areas" means areas within vocational or industrial arts shops, science or other school laboratories, or schools within state institutional facilities as designated by the state superintendent of public instruction in which activities take place involving:
(1) Hot molten metals or other molten materials;
(2) Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;
(3) Heat treatment, tempering or kiln firing of any metal or other materials;
(4) Gas or electric arc welding, or other forms of welding processes;
(5) Corrosive, caustic, or explosive materials;
(6) Custodial or other service activity potentially hazardous to the eye: PROVIDED, That nothing in this chapter shall supersede regulations heretofore or hereafter established by the department of labor and industries respecting such activity; or
(7) Any other activity or operation involving mechanical or manual work in any area that is potentially hazardous to the eye.
[ 1969 ex.s. c 179 s 1.]

catchline: "Eye protection areas" defined.


title: RCW 70.100.020

text:
Every person shall wear eye protection devices when participating in, observing, or performing any function in connection with any courses or activities taking place in eye protection areas of any private or public school, college, university, or other public or private educational institution in this state, as designated by the superintendent of public instruction. The governing board or authority of any public school shall furnish the eye protection devices prescribed in RCW 70.100.030 without cost to all teachers and students in grades K-12 engaged in activities potentially dangerous to the human eye, and the governing body of each institution of higher education and vocational technical institute shall furnish such eye protection devices free or at cost to all teachers and students similarly engaged at the institutions of higher education and vocational technical institutes. Eye protection devices shall be furnished on a loan basis to all visitors observing activities hazardous to the eye.
[ 1969 ex.s. c 179 s 2.]

catchline: Wearing of eye protection devices required—Furnishing of—Costs.


title: RCW 70.100.030

text:
Eye protection devices, which shall include plano safety spectacles, plastic face shields or goggles, shall comply with the U.S.A. Standard Practice for Occupational and Educational Eye and Face Protection, Z87.1-1968 or later revisions thereof.
[ 1969 ex.s. c 179 s 3.]

catchline: Standard requirement for eye protection devices.


title: RCW 70.100.040

text:
The superintendent of public instruction, after consulting with the department of labor and industries, and the division of vocational education shall prepare and circulate to each public and private educational institution in this state within six months of the date of passage of this chapter, a manual containing instructions and recommendations for the guidance of such institutions in implementing the eye safety provisions of this chapter.
[ 1969 ex.s. c 179 s 4.]

catchline: Superintendent of public instruction to circulate instruction manual to public and private educational institutions.


title: RCW 70.104.010

text:
The department of health has responsibility to protect and enhance the public health and welfare. As a consequence, it must be concerned with both natural and artificial environmental factors which may adversely affect the public health and welfare. Dangers to the public health and welfare related to the use of pesticides require specific legislative recognition of departmental authority and responsibility in this area.
[ 1991 c 3 s 356; 1971 ex.s. c 41 s 1.]

catchline: Declaration.


title: RCW 70.104.020

text:
For the purposes of this chapter pesticide means, but is not limited to:
(1) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus, except virus on or in a living human being or other animal, which is normally considered to be a pest or which the director of agriculture may declare to be a pest; or
(2) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; or
(3) Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to the application or effect thereof, and sold in a package or container separate from that of the pesticide with which it is to be used; or
(4) Any fungicide, rodenticide, herbicide, insecticide, and nematocide.
[ 2009 c 549 s 1026; 1971 ex.s. c 41 s 2.]

catchline: "Pesticide" defined.


title: RCW 70.104.030

text:
(1) The department of health may investigate all suspected human cases of pesticide poisoning and such cases of suspected pesticide poisoning of animals that may relate to human illness. The department shall establish time periods by rule to determine investigation response time. Time periods shall range from immediate to forty-eight hours to initiate an investigation, depending on the severity of the case or suspected case of pesticide poisoning.
In order to adequately investigate such cases, the department shall have the power to:
(a) Take all necessary samples and human or animal tissue specimens for diagnostic purposes: PROVIDED, That tissue, if taken from a living human, shall be taken from a living human only with the consent of a person legally qualified to give such consent;
(b) Secure any and all such information as may be necessary to adequately determine the nature and causes of any case of pesticide poisoning.
(2) The department shall immediately notify the department of agriculture, the department of labor and industries, and other appropriate agencies of the results of its investigation for such action as the other departments or agencies deem appropriate. The notification of such investigations and their results may include recommendations for further action by the appropriate department or agency.
[ 2009 c 495 s 10; 1991 c 3 s 357; 1989 c 380 s 71; 1971 ex.s. c 41 s 3.]
Notes:
Effective date—2009 c 495: See note following RCW 43.20.050.
Effective date—1989 c 380 ss 69, 71-73: "Sections 69 and 71 through 73 of this act shall take effect on January 1, 1990." [ 1989 c 380 s 90.]

catchline: Powers and duties of department of health.


title: RCW 70.104.040

text:
(1) In any case where an emergency relating to pesticides occurs that represents a hazard to the public due to toxicity of the material, the quantities involved or the environment in which the incident takes place, such emergencies including but not limited to fires, spillage, and accidental contamination, the person or agent of such person having actual or constructive control of the pesticides involved shall immediately notify the department of health by telephone or the fastest available method.
(2) Upon notification or discovery of any pesticide emergency the department of health shall:
(a) Make such orders and take such actions as are appropriate to assume control of the property and to dispose of hazardous substances, prevent further contamination, and restore any property involved to a nonhazardous condition. In the event of failure of any individual to obey and carry out orders pursuant to this section, the department shall have all power and authority to accomplish those things necessary to carry out such order. Any expenses incurred by the department as a result of intentional failure of any individual to obey its lawful orders shall be charged as a debt against such individual.
(3) In any case where the department of health has assumed control of property pursuant to this chapter, such property shall not be reoccupied or used until such time as written notification of its release for use is received from the secretary of the department or his or her designee. Such action shall take into consideration the economic hardship, if any, caused by having the department assume control of property, and release shall be accomplished as expeditiously as possible. Nothing in this chapter shall prevent a farmer from continuing to process his or her crops and/or animals provided that the processing does not endanger the public health.
(4) The department shall recognize the pesticide industry's responsibility and active role in minimizing the effect of pesticide emergencies and shall provide for maximum utilization of these services.
(5) Nothing in this chapter shall be construed in any way to infringe upon or negate the authority and responsibility of the department of agriculture in its application and enforcement of the Washington Pesticide Control Act, chapter 15.58 RCW and the Washington Pesticide Application Act, chapter 17.21 RCW. The department of health shall work closely with the department of agriculture in the enforcement of this chapter and shall keep it appropriately advised.
[ 1991 c 3 s 358; 1983 c 3 s 178; 1971 ex.s. c 41 s 4.]

catchline: Pesticide emergencies—Authority of department of agriculture not infringed upon.


title: RCW 70.104.050

text:
The department of health shall investigate human exposure to pesticides according to the degree of risk that the exposure presents to the individual and the greater population as well as the level of funding appropriated in the operating budget, and in order to carry out such investigations shall have authority to secure and analyze appropriate specimens of human tissue and samples representing sources of possible exposure.
[ 2009 c 495 s 11; 1991 c 3 s 359; 1971 ex.s. c 41 s 5.]
Notes:
Effective date—2009 c 495: See note following RCW 43.20.050.

catchline: Investigation of human exposure to pesticides.


title: RCW 70.104.055

text:
(1) Any attending physician or other health care provider recognized as primarily responsible for the diagnosis and treatment of a patient or, in the absence of a primary health care provider, the health care provider initiating diagnostic testing or therapy for a patient shall report a case or suspected case of pesticide poisoning to the department of health in the manner prescribed by, and within the reasonable time periods established by, rules of the state board of health. Time periods established by the board shall range from immediate reporting to reporting within seven days depending on the severity of the case or suspected case of pesticide poisoning. The reporting requirements shall be patterned after other board rules establishing requirements for reporting of diseases or conditions. Confidentiality requirements shall be the same as the confidentiality requirements established for other reportable diseases or conditions. The information to be reported may include information from relevant pesticide application records and shall include information required under board rules. Reports shall be made on forms provided to health care providers by the department of health. For purposes of any oral reporting, the department of health shall make available a toll-free telephone number.
(2) Within a reasonable time period as established by board rules, the department of health shall investigate the report of a case or suspected case of pesticide poisoning to document the incident. The department shall report the results of the investigation to the health care provider submitting the original report.
(3) Cases or suspected cases of pesticide poisoning shall be reported by the department of health to the *pesticide reporting and tracking review panel within the time periods established by state board of health rules.
(4) Upon request of the primary health care provider, pesticide applicators or employers shall provide a copy of records of pesticide applications which may have affected the health of the provider's patient. This information is to be used only for the purposes of providing health care services to the patient.
(5) Any failure of the primary health care provider to make the reports required under this section may be cause for the department of health to submit information about such nonreporting to the applicable disciplining authority for the provider under RCW 18.130.040.
(6) No cause of action shall arise as the result of: (a) The failure to report under this section; or (b) any report submitted to the department of health under this section.
(7) For the purposes of this section, a suspected case of pesticide poisoning is a case in which the diagnosis is thought more likely than not to be pesticide poisoning.
[ 1992 c 173 s 4; 1991 c 3 s 360; 1989 c 380 s 72.]
Notes:
*Reviser's note: The "pesticide incident reporting and tracking review panel" was eliminated pursuant to 2010 1st sp.s. c 7 s 132.
Effective dates—1992 c 173: See note following RCW 17.21.100.
Effective date—1989 c 380 ss 69, 71-73: See note following RCW 70.104.030.

catchline: Pesticide poisonings—Reports.


title: RCW 70.104.057

text:
The department of health, after seeking advice from the state board of health, local health officers, and state and local medical associations, shall develop a program of medical education to alert physicians and other health care providers to the symptoms, diagnosis, treatment, and reporting of pesticide poisonings.
[ 1991 c 3 s 361; 1989 c 380 s 73.]
Notes:
Effective date—1989 c 380 ss 69, 71-73: See note following RCW 70.104.030.

catchline: Pesticide poisonings—Medical education program.


title: RCW 70.104.060

text:
In order effectively to prevent human illness due to pesticides and to carry out the requirements of this chapter, the department of health is authorized to provide technical assistance and consultation regarding health effects of pesticides to physicians and other agencies, and is authorized to operate an analytical chemical laboratory and may provide analytical and laboratory services to physicians and other agencies to determine pesticide levels in human and other tissues, and appropriate environmental samples.
[ 1991 c 3 s 362; 1971 ex.s. c 41 s 6.]

catchline: Technical assistance, consultations and services to physicians and agencies authorized.


title: RCW 70.104.110

text:
(1) The pesticide application safety committee is established. Appointments to the committee must be made as soon as possible after the legislature convenes in regular session. The committee is composed of the following members:
(a) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
(b) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
(c) The director of the department of agriculture, or an assistant director designated by the director;
(d) The secretary of the department of health, or an assistant secretary designated by the secretary;
(e) The director of the department of labor and industries, or an assistant director designated by the director;
(f) The commissioner of public lands, or an assistant commissioner designated by the commissioner;
(g) The dean of the college of agricultural, human, and natural resource sciences at the Washington State University, or an assistant dean designated by the dean;
(h) The pesticide safety education coordinator at the Washington State University cooperative extension; and
(i) The director of the University of Washington Pacific Northwest agricultural safety and health center, or an assistant designated by the director.
(2) The committee shall be cochaired by the secretary of the department of health, or the assistant secretary designated by the secretary, and the director of the department of agriculture, or the assistant director designated by the director.
(3) Primary responsibility for administrative support for the committee, including developing reports, research, and other organizational support, shall be provided by the department of health and the department of agriculture. The committee must hold its first meeting by September 2019. The committee must meet at least three times each year. The meetings shall be at a time and place specified by the cochairs, or at the call of a majority of the committee. When determining the time and place of meetings, the cochairs must consider costs and conduct committee meetings in Olympia when this choice would reduce costs to the state.
(4)(a) An advisory work group is created to collect information and make recommendations to the full committee on topics requiring unique expertise and perspectives on issues within the jurisdiction of the committee.
(b) The advisory work group shall consist of a representative from the department of agriculture, two representatives of employee organizations that represent farmworkers, two farmworkers with expertise on pesticide application, a representative of community and migrant health centers, a toxicologist, a representative of growers who use air blast sprayers, a representative of growers who use aerial pesticide application, a representative of growers who use fumigation to apply pesticides, and a representative of aerial applicators. The secretary of health, in consultation with the director of the department of agriculture and the full committee, must appoint members of the advisory work group, and the department of health must staff the advisory work group. The letter of appointment to the advisory work group members must be signed by both cochairs.
(c) The advisory work group must hold meetings only upon the committee's request.
(d) Members of the advisory work group shall be reimbursed for mileage expenses in accordance with RCW 43.03.060.
(e) The advisory work group must provide a report on their activities and recommendations to the full committee by November 9th of each year.
(5) The first priority of the committee is to explore how the departments of agriculture, labor and industries, and health, and the Washington poison center collect and track data. The committee must also consider the feasibility and requirements of developing a shared database, including how the department of health could use existing tools, such as the tracking network, to better display multiagency data regarding pesticides. The committee may also evaluate and recommend policy options that would take action to:
(a) Improve pesticide application safety with agricultural applications;
(b) Lead an effort to establish baseline data for the type and quantity of pesticide applications used in Washington to be able to compare the number of exposures with overall number of applications;
(c) Research ways to improve pesticide application communication among different members of the agricultural community, including educating the public in English and Spanish about acute and chronic health information about pesticides;
(d) Compile industry's best practices for use to improve pesticide application safety to limit pesticide exposure;
(e) Continue to investigate reasons why members of the agricultural workforce do not or may not report pesticide exposure;
(f) Explore new avenues for reporting with investigation without fear of retaliation;
(g) Work with stakeholders to consider trainings for how and when to report;
(h) Explore incentives for using new technology by funding a partial buy-out program for old spray technology;
(i) Consider developing an effective community health education plan;
(j) Consult with community partners to enhance educational initiatives that work with the agricultural workforce, their families, and surrounding communities to reduce the risk of pesticide exposure;
(k) Enhance efforts to work with pesticide manufacturers and the environmental protection agency to improve access to non-English pesticide labeling in the United States;
(l) Work with research partners to develop, or promote the use of translation apps for pesticide label safety information, or both;
(m) Evaluate prevention techniques to minimize exposure events;
(n) Develop more Spanish language and other language educational materials for distribution, including through social media and app-based learning for agricultural workforce communities;
(o) Explore development of an agricultural workforce education safety program to improve the understanding about leaving an area being sprayed; and
(p) Work with the industry and the agricultural workforce to improve protocols and best practices for use of personal safety equipment for applicators and reflective gear for the general workforce.
(6) The committee must provide a report to the appropriate committees of the legislature by May 1, 2020, and each year thereafter. An initial report on the progress of the committee must be provided in January 2020. The report may include recommendations the committee determines necessary, and must document the activities of the committee and report on the subjects listed in subsection (5) of this section. The department of health and the department of agriculture must provide staff support to the committee for the purpose of authoring the report and transmitting it to the legislature. Any member of the committee may provide a minority report as an appendix to the report submitted to the legislature under this section.
(7) This section expires July 1, 2035.
[ 2025 c 84 s 1; 2019 c 327 s 2.]
Notes:
Effective date—2025 c 84: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2025." [ 2025 c 84 s 4.]
Findings—2025 c 84; 2019 c 327: "(1) In 2018, the legislature passed Engrossed Second Substitute Senate Bill No. 6529. The bill recognized that farmers, farmworkers, and the broader community share an interest in minimizing human exposure to pesticides. It also recognized that gains have been made in reducing human exposure to pesticides and that collaboration between state agencies and the farming community could further reduce agricultural workers exposure to pesticide drift.
(2) The legislation established a pesticide application safety work group that would make recommendations for improving pesticide application safety. Work group members included legislators from both chambers and caucuses, as well as representation from state agencies and the commission on Hispanic affairs. The work group sought public participation to learn more about pesticide application safety. Many stakeholders including but not limited to local farm hosts, the agricultural industry, and members of the agricultural workforce contributed valuable assistance and input.
(3) The work group reached two noteworthy recommendations regarding what can be done now to improve pesticide application safety. The recommendations are to:
(a) Expand training because the department of agriculture lacks sufficient resources to meet the training demand from pesticide applicators and handlers; and
(b) Establish a new pesticide application safety panel to provide an opportunity to evaluate and recommend policy options, and investigate exposure cases.
(4) The work group concluded that legislation is warranted to expand funding for a training program and set up a new pesticide application safety panel with clear objectives.
(5) This section expires July 1, 2035." [ 2025 c 84 s 2; 2019 c 327 s 1.]

catchline: Pesticide application safety committee—Report to the legislature. (Expires July 1, 2035.)


title: RCW 70.108.010

text:
The legislature hereby declares it to be the public interest, and for the protection of the health, welfare and property of the residents of the state of Washington to provide for the orderly and lawful conduct of outdoor music festivals by assuring that proper sanitary, health, fire, safety, and police measures are provided and maintained. This invocation of the police power is prompted by and based upon prior experience with outdoor music festivals where the enforcement of the existing laws and regulations on dangerous and narcotic drugs, indecent exposure, intoxicating liquor, and sanitation has been rendered most difficult by the flagrant violations thereof by a large number of festival patrons.
[ 1971 ex.s. c 302 s 19.]
Notes:
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.

catchline: Legislative declaration.


title: RCW 70.108.020

text:
For the purposes of this chapter the following words and phrases shall have the indicated meanings:
(1) "Applicant" means the promoter who has the right of control of the conduct of an outdoor music festival who applies to the appropriate legislative authority for a license to hold an outdoor music festival.
(2) "Issuing authority" means the legislative body of the local governmental unit where the site for an outdoor music festival is located.
(3) "Outdoor music festival" or "music festival" or "festival" means an assembly of persons gathered primarily for outdoor, live or recorded musical entertainment, where the predicted attendance is two thousand persons or more and where the duration of the program is five hours or longer: PROVIDED, That this definition shall not be applied to any regularly established permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established places of assembly for assemblies which do not exceed by more than two hundred fifty people the maximum seating capacity of the structure where the assembly is held: PROVIDED, FURTHER, That this definition shall not apply to government sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed under other laws or regulations of the state.
(4) "Participate" means to knowingly provide or deliver to the festival site supplies, materials, food, lumber, beverages, sound equipment, generators, or musical entertainment and/or to attend a music festival. A person shall be presumed to have knowingly provided as that phrase is used herein after he or she has been served with a court order.
(5) "Promoter" means any person or other legal entity issued a permit to conduct an outdoor music festival.
[ 2012 c 117 s 421; 1971 ex.s. c 302 s 21.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 70.108.030

text:
No person or other legal entity shall knowingly allow, conduct, hold, maintain, cause to be advertised or permit an outdoor music festival unless a valid permit has been obtained from the issuing authority for the operation of such music festival as provided for by this chapter. One such permit shall be required for each outdoor music festival. A permit may be granted for a period not to exceed sixteen consecutive days and a festival may be operated during any or all of the days within such period. Any person, persons, partnership, corporation, association, society, fraternal or social organization, failing to comply with the rules, regulations or conditions contained in this chapter shall be subject to the appropriate penalties as prescribed by this chapter.
[ 1971 ex.s. c 302 s 22.]

catchline: Permits—Required—Compliance with rules and regulations.


title: RCW 70.108.040

text:
Application for an outdoor music festival permit shall be in writing and filed with the clerk of the issuing authority wherein the festival is to be held. Said application shall be filed not less than ninety days prior to the first scheduled day of the festival and shall be accompanied with a permit fee in the amount of two thousand five hundred dollars. Said application shall include:
(1) The name of the person or other legal entity on behalf of whom said application is made: PROVIDED, That a natural person applying for such permit shall be eighteen years of age or older;
(2) A financial statement of the applicant;
(3) The nature of the business organization of the applicant;
(4) Names and addresses of all individuals or other entities having a ten percent or more proprietary interest in the festival;
(5) The principal place of business of applicant;
(6) A legal description of the land to be occupied, the name and address of the owner thereof, together with a document showing the consent of said owner to the issuance of a permit, if the land be owned by a person other than the applicant;
(7) The scheduled performances and program;
(8) Written confirmation from the local health officer that he or she has reviewed and approved plans for site and development in accordance with rules, regulations and standards adopted by the state board of health. Such rules and regulations shall include criteria as to the following and such other matters as the state board of health deems necessary to protect the public's health:
(a) Submission of plans
(b) Site
(c) Water supply
(d) Sewage disposal
(e) Food preparation facilities
(f) Toilet facilities
(g) Solid waste
(h) Insect and rodent control
(i) Shelter
(j) Dust control
(k) Lighting
(l) Emergency medical facilities
(m) Emergency air evacuation
(n) Attendant physicians
(o) Communication systems
(9) A written confirmation from the appropriate law enforcement agency from the area where the outdoor music festival is to take place, showing that traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant meeting the following conditions:
(a) One person for each two hundred persons reasonably expected to be in attendance at any time during the event for purposes of traffic and crowd control.
(b) The names and addresses of all traffic and crowd control personnel shall be provided to the appropriate law enforcement authority: PROVIDED, That not less than twenty percent of the traffic and crowd control personnel shall be commissioned police officers or deputy sheriffs: PROVIDED FURTHER, That on and after February 25, 1972 any commissioned police officer or deputy sheriff who is employed and compensated by the promoter of an outdoor music festival shall not be eligible and shall not receive any benefits whatsoever from any public pension or disability plan of which he or she is a member for the time he is so employed or for any injuries received during the course of such employment.
(c) During the hours that the festival site shall be open to the public there shall be at least one regularly commissioned police officer employed by the jurisdiction wherein the festival site is located for every one thousand persons in attendance and said officer shall be on duty within the confines of the actual outdoor music festival site.
(d) All law enforcement personnel shall be charged with enforcing the provisions of this chapter and all existing statutes, ordinances and regulations.
(10) A written confirmation from the appropriate law enforcement authority that sufficient access roads are available for ingress and egress to the parking areas of the outdoor music festival site and that parking areas are available on the actual site of the festival or immediately adjacent thereto which are capable of accommodating one auto for every four persons in estimated attendance at the outdoor music festival site.
(11) A written confirmation from the department of natural resources, where applicable, and the chief of the Washington state patrol, through the director of fire protection, that all fire prevention requirements have been complied with.
(12) A written statement of the applicant that all state and local law enforcement officers, fire control officers and other necessary governmental personnel shall have free access to the site of the outdoor music festival.
(13) A statement that the applicant will abide by the provisions of this chapter.
(14) The verification of the applicant warranting the truth of the matters set forth in the application to the best of the applicant's knowledge, under the penalty of perjury.
[ 1995 c 369 s 59; 1986 c 266 s 120; 1972 ex.s. c 123 s 1; 1971 ex.s. c 302 s 23.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Application for permit—Contents—Filing.


title: RCW 70.108.050

text:
Within fifteen days after the filing of the application the issuing authority shall either approve or deny the permit to the applicant. Any denial shall set forth in detail the specific grounds therefor. The applicant shall have fifteen days after the receipt of such denial or such additional time as the issuing authority shall grant to correct the deficiencies set forth and the issuing authority shall within fifteen days after receipt of such corrections either approve or deny the permit. Any denial shall set forth in detail the specific grounds therefor.
After the applicant has filed corrections and the issuing authority has thereafter again denied the permit, the applicant may within five days after receipt of such second denial seek judicial review of such denial by filing a petition in the superior court for the county of the issuing authority. The review shall take precedence over all other civil actions and shall be conducted by the court without a jury. The court shall, upon request, hear oral argument and receive written briefs and shall either affirm the denial or order that the permit be issued. An applicant may not use any other procedure to obtain judicial review of a denial.
[ 1972 ex.s. c 123 s 2; 1971 ex.s. c 302 s 24.]

catchline: Approval or denial of permit—Corrections—Procedure—Judicial review.


title: RCW 70.108.060

text:
Any local agency requested by an applicant to give written approval as required by RCW 70.108.040 may within fifteen days after the applicant has filed his or her application apply to the issuing authority for reimbursement of expenses reasonably incurred in reviewing such request. Upon a finding that such expenses were reasonably incurred, the issuing authority shall reimburse the local agency therefor from the funds of the permit fee. The issuing authority shall prior to the first scheduled date of the festival return to the applicant that portion of the permit fee remaining after all such reimbursements have been made.
[ 2012 c 117 s 422; 1971 ex.s. c 302 s 25.]

catchline: Reimbursement of expenses incurred in reviewing request.


title: RCW 70.108.070

text:
After the application has been approved, the promoter shall deposit with the issuing authority, a cash deposit or surety bond. The bond or deposit shall be used to pay any costs or charges incurred to regulate health or to clean up afterwards outside the festival grounds or any extraordinary costs or charges incurred to regulate traffic or parking. The bond or other deposit shall be returned to the promoter when the issuing authority is satisfied that no claims for damage or loss will be made against said bond or deposit, or that the loss or damage claimed is less than the amount of the deposit, in which case the uncommitted balance thereof shall be returned: PROVIDED, That the bond or cash deposit or the uncommitted portion thereof shall be returned not later than thirty days after the last day of the festival.
In addition, the promoter shall be required to furnish evidence that he or she has in full force and effect a liability insurance policy in an amount of not less than one hundred thousand dollars bodily injury coverage per person covering any bodily injury negligently caused by any officer or employee of the festival while acting in the performance of his or her duties. The policy shall name the issuing authority of the permit as an additional named insured.
In addition, the promoter shall be required to furnish evidence that he or she has in full force and effect a one hundred thousand dollar liability property damage insurance policy covering any property damaged due to negligent failure by any officer or employee of the festival to carry out duties imposed by this chapter. The policy shall have the issuing authority of the permit as an additional named insured.
[ 2012 c 117 s 423; 1972 ex.s. c 123 s 3; 1971 ex.s. c 302 s 26.]

catchline: Cash deposit—Surety bond—Insurance.


title: RCW 70.108.080

text:
Revocation of any permit granted pursuant to this chapter shall not preclude the imposition of penalties as provided for in this chapter and the laws of the state of Washington. Any permit granted pursuant to the provisions of this chapter to conduct a music festival shall be summarily revoked by the issuing authority when it finds that by reason of emergency the public peace, health, safety, morals or welfare can only be preserved and protected by such revocation.
Any permit granted pursuant to the provisions of this chapter to conduct a music festival may otherwise be revoked for any material violation of this chapter or the laws of the state of Washington after a hearing held upon not less than three days notice served upon the promoter personally or by certified mail.
Every permit issued under the provisions of this chapter shall state that such permit is issued as a measure to protect and preserve the public peace, health, safety, morals and welfare, and that the right of the appropriate authority to revoke such permit is a consideration of its issuance.
[ 1971 ex.s. c 302 s 27.]

catchline: Revocation of permits.


title: RCW 70.108.090

text:
No person, persons, partnership, corporation, association, society, fraternal or social organization to whom a music festival permit has been granted shall, during the time an outdoor music festival is in operation, knowingly permit or allow any person to bring upon the premises of said music festival, any narcotic or dangerous drug as defined by chapters *69.33 or 69.40 RCW, or knowingly permit or allow narcotic or dangerous drug to be consumed on the premises, and no person shall take or carry onto said premises any narcotic or dangerous drug.
[ 1971 ex.s. c 302 s 28.]
Notes:
*Reviser's note: Chapter 69.33 RCW was repealed by 1971 ex.s. c 308 s 69.50.606.

catchline: Drugs prohibited.


title: RCW 70.108.100

text:
No music festival shall be operated in a location which is closer than one thousand yards from any schoolhouse or church, or five hundred yards from any house, residence or other human habitation unless waived by occupants.
[ 1971 ex.s. c 302 s 29.]

catchline: Proximity to schools, churches, homes.


title: RCW 70.108.110

text:
No person under the age of sixteen years shall be admitted to any outdoor music festival without the escort of his or her parents or legal guardian and proof of age shall be provided upon request.
[ 1971 ex.s. c 302 s 30.]

catchline: Age of patrons.


title: RCW 70.108.120

text:
Any permit granted pursuant to this chapter shall be posted in a conspicuous place on the site of the outdoor music festival and such permit shall be not transferable or assignable without the consent of the issuing authority.
[ 1971 ex.s. c 302 s 31.]

catchline: Permits—Posting—Transferability.


title: RCW 70.108.130

text:
(1) Except as otherwise provided in this section, any person who willfully fails to comply with the rules, regulations, and conditions set forth in this chapter or who aids or abets such a violation or failure to comply is guilty of a gross misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule, regulation, or condition relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule, regulation, or condition equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 is a misdemeanor.
[ 2003 c 53 s 359; 1979 ex.s. c 136 s 104; 1971 ex.s. c 302 s 32.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Penalty.


title: RCW 70.108.140

text:
The department of revenue shall be allowed to inspect the books and records of any outdoor music festival during the period of operation of the festival and after the festival has concluded for the purpose of determining whether or not the tax laws of this state are complied with.
[ 1972 ex.s. c 123 s 4.]

catchline: Inspection of books and records.


title: RCW 70.108.150

text:
It shall be unlawful for any person, except law enforcement officers, to carry, transport, or convey, or to have in his or her possession or under his or her control any firearm while on the site of an outdoor music festival.
Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars and not more than two hundred dollars or by imprisonment in the county jail for not less than ten days and not more than ninety days or by both such fine and imprisonment.
[ 2012 c 117 s 424; 1972 ex.s. c 123 s 5.]

catchline: Firearms—Penalty.


title: RCW 70.108.160

text:
All preparations required to be made by the provisions of this chapter on the music festival site shall be completed thirty days prior to the first day scheduled for the festival. Upon such date or such earlier date when all preparations have been completed, the promoter shall notify the issuing authority thereof, and the issuing authority shall make an inspection of the festival site to determine if such preparations are in reasonably full compliance with plans submitted pursuant to RCW 70.108.040. If a material violation exists the issuing authority shall move to revoke the music festival permit in the manner provided by RCW 70.108.080.
[ 1972 ex.s. c 123 s 6.]

catchline: Preparations—Completion requirements.


title: RCW 70.108.170

text:
Nothing in this chapter shall be construed as precluding counties, cities and other political subdivisions of the state of Washington from enacting ordinances or regulations for the control and regulation of outdoor music festivals nor shall this chapter repeal any existing ordinances or regulations.
[ 1972 ex.s. c 123 s 7.]

catchline: Local regulations and ordinances not precluded.


title: RCW 70.110.010

text:
This chapter may be known and cited as the "Flammable Fabrics Act".
[ 1973 1st ex.s. c 211 s 1.]

catchline: Short title.


title: RCW 70.110.020

text:
The legislature hereby finds and declares that fabric related burns from children's sleepwear present an immediate and serious danger to the infants and children of this state. The legislature therefore declares it to be in the public interest, and for the protection of the health, property, and welfare of the residents of this state to herein provide for flammability standards for children's sleepwear.
[ 1973 1st ex.s. c 211 s 2.]

catchline: Legislative finding.


title: RCW 70.110.030

text:
As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Person" means an individual, partnership, corporation, association, or any other form of business enterprise, and every officer thereof.
(2) "Children's sleepwear" means any product of wearing apparel from infant size up to and including size fourteen which is sold or intended for sale for the primary use of sleeping or activities related to sleeping, such as nightgowns, pajamas, and similar or related items such as robes, but excluding diapers and underwear.
(3) "Fabric" means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any material or synthetic fiber, film, or substitute therefor which is intended for use, or which may reasonably be expected to be used, in children's sleepwear.
(4) The term "infant size up to and including size six-x" means the sizes defined as infant through and including six-x in Department of Commerce Voluntary Standards, Commercial Standard 151-50, "Body Measurements for the Sizing of Apparel for Infants, Babies, Toddlers, and Children", Commercial Standard 153, "Body Measurements for the Sizing of Apparel for Girls", and Commercial Standard 155, "Body Measurements for the Sizing of Boys' Apparel".
(5) "Fabric related burns" means burns that would not have been incurred but for the fact that sleepwear worn at the time of the burns did not comply with commercial standards promulgated by the secretary of commerce of the United States in March, 1971, identified as Standard for the Flammability of Children's Sleepwear (DOC FF 3-71) 36 F.R. 14062 and by the Flammable Fabrics Act 15 U.S.C. 1193.
[ 1973 1st ex.s. c 211 s 3.]

catchline: Definitions.


title: RCW 70.110.040

text:
(1) It shall be unlawful to manufacture for sale, sell, or offer for sale any new and unused article of children's sleepwear which does not comply with the standards established in the Standard for the Flammability of Children's Sleepwear (DOC FF 3-71), 36 F.R. 14062 and the Flammable Fabrics Act, 15 U.S.C. 1191-1204.
(2) A violation of this section is a gross misdemeanor.
[ 2003 c 53 s 360; 1973 1st ex.s. c 211 s 4.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Compliance required.


title: RCW 70.110.050

text:
The attorney general or the prosecuting attorney of any county within the state may bring an action in the name of the state against any person to restrain and prevent any violation of this chapter.
[ 1973 1st ex.s. c 211 s 5.]

catchline: Attorney general or prosecuting attorneys authorized to bring actions to restrain or prevent violations.


title: RCW 70.110.070

text:
Any person who violates RCW 70.110.040 shall be strictly liable for fabric-related burns.
[ 1973 1st ex.s. c 211 s 7.]

catchline: Strict liability.


title: RCW 70.110.080

text:
Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has violated any provision of this chapter. Such person shall be deemed to have thereby submitted himself or herself to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185, as now or hereafter amended.
[ 2012 c 117 s 425; 1973 1st ex.s. c 211 s 8.]

catchline: Personal service of process—Jurisdiction of courts.


title: RCW 70.110.900

text:
The provisions of this chapter shall be in addition to and not a substitution for or limitation of any other law.
[ 1973 1st ex.s. c 211 s 9.]

catchline: Provisions additional.


title: RCW 70.111.010

text:
(1) The legislature finds all of the following:
(a) The disability and death of infants resulting from injuries sustained in crib accidents are a serious threat to the public health, welfare, and safety of the people of this state.
(b) Infants are an especially vulnerable class of people.
(c) The design and construction of a baby crib must ensure that it is safe to leave an infant unattended for extended periods of time. A parent or caregiver has a right to believe that the crib in use is a safe place to leave an infant.
(d) Over thirteen thousand infants are injured in unsafe cribs every year.
(e) In the past decade, six hundred twenty-two infants died (a rate of sixty-two infants each year) from injuries sustained in unsafe cribs.
(f) The United States consumer product safety commission estimates that the cost to society resulting from injuries and death due to unsafe cribs is two hundred thirty-five million dollars per year.
(g) Secondhand, hand-me-down, and heirloom cribs pose a special problem. There were four million infants born in this country last year, but only one million new cribs sold. As many as three out of four infants are placed in secondhand, hand-me-down, or heirloom cribs.
(h) Most injuries and deaths occur in secondhand, hand-me-down, or heirloom cribs.
(i) Existing state and federal legislation is inadequate to deal with this hazard.
(j) Prohibiting the remanufacture, retrofit, sale, contracting to sell or resell, leasing, or subletting of unsafe cribs, particularly unsafe secondhand, hand-me-down, or heirloom cribs, will prevent injuries and deaths caused by cribs.
(2) The purpose of this chapter is to prevent the occurrence of injuries and deaths to infants as a result of unsafe cribs by making it illegal to remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, after June 6, 1996, any full-size or nonfull-size crib that is unsafe for any infant using the crib.
(3) It is the intent of the legislature to encourage public and private collaboration in disseminating materials relative to the safety of baby cribs to parents, child care providers, and those who would be likely to place unsafe cribs in the stream of commerce. The legislature also intends that informational materials regarding baby crib safety be available to consumers through the department of health.
[ 1996 c 158 s 1.]

catchline: Findings—Purpose—Intent.


title: RCW 70.111.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Infant" means any person less than thirty-five inches tall and less than three years of age.
(2) "Crib" means a bed or containment designed to accommodate an infant.
(3) "Full-size crib" means a full-size crib as defined in Section 1508.3 of Title 16 of the Code of Federal Regulations regarding the requirements for full-size cribs.
(4) "Nonfull-size crib" means a nonfull-size crib as defined in Section 1509.2(b) of Title 16 of the Code of the Federal Regulations regarding the requirements for nonfull-size cribs.
(5) "Person" means any natural person, firm, corporation, association, or agent or employee thereof.
(6) "Commercial user" means any person who deals in full-size or nonfull-size cribs of the kind governed by this chapter or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to the full-size or nonfull-size cribs governed by this chapter, including child care facilities and family child care homes licensed by the department of social and health services under chapter 74.15 RCW, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce full-size or nonfull-size cribs.
[ 1996 c 158 s 3.]


title: RCW 70.111.030

text:
(1) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after June 6, 1996, a full-size or nonfull-size crib that is unsafe for any infant using the crib.
(2) A crib is presumed to be unsafe pursuant to this chapter if it does not conform to all of the following:
(a) Part 1508 (commencing with Section 1508.1) of Title 16 of the Code of Federal Regulations;
(b) Part 1509 (commencing with Section 1509.1) of Title 16 of the Code of Federal Regulations;
(c) Part 1303 (commencing with Section 1303.1) of Title 16 of the Code of Federal Regulations;
(d) American Society for Testing Materials Voluntary Standards F966-90;
(e) American Society for Testing Materials Voluntary Standards F1169.88;
(f) Any regulations that are adopted in order to amend or supplement the regulations described in (a) through (e) of this subsection.
(3) Cribs that are unsafe or fail to perform as expected pursuant to subsection (2) of this section include, but are not limited to, cribs that have any of the following dangerous features or characteristics:
(a) Corner posts that extend more than one-sixteenth of an inch;
(b) Spaces between side slats more than two and three-eighths inches;
(c) Mattress support than can be easily dislodged from any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five pound upward force from underneath the crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to the following:
(i) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches;
(ii) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches;
(f) Any screws, bolts, or hardware that are loose and not secured;
(g) Sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and free from splinters, splits, or cracks;
(h) Nonfull-size cribs with tears in mesh or fabric sides.
(4) On or after January 1, 1997, any commercial user who willfully and knowingly violates this section is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars. Hotels, motels, and similar transient lodging, child care facilities, and family child care homes are not subject to this section until January 1, 1999.
[ 2003 c 53 s 361; 1996 c 158 s 4.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.


title: RCW 70.111.040

text:
Any crib that is clearly not intended for use by an infant is exempt from the provisions of this chapter, provided that it is accompanied at the time of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce, by a notice to be furnished by the commercial user declaring that it is not intended to be used for an infant and is dangerous to use for an infant. The commercial user is further exempt from claims for liability resulting from use of a crib contrary to the notice required in this section.
[ 1996 c 158 s 5.]

catchline: Exemption.


title: RCW 70.111.060

text:
Any person may maintain an action against any commercial user who violates RCW 70.111.030 to enjoin the remanufacture, retrofit, sale, contract to sell, contract to resell, lease, or subletting of a full-size or nonfull-size crib that is unsafe for any infant using the crib, and for reasonable attorneys' fees and costs. This section does not apply to hotels, motels, and similar transient lodging, child care facilities, and family child care homes until January 1, 1999.
[ 1996 c 158 s 7.]

catchline: Civil actions.


title: RCW 70.111.070

text:
Remedies available under this chapter are in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party.
[ 1996 c 158 s 8.]

catchline: Remedies.


title: RCW 70.111.900

text:
This chapter may be known and cited as the infant crib safety act.
[ 1996 c 158 s 2.]


title: RCW 70.112.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advisory board" means the family medicine education advisory board created in RCW 70.112.080.
(2) "Affiliated" means established or developed in cooperation with the schools of medicine.
(3) "Health professional shortage areas" has the same definition as in RCW 28B.115.020.
(4) "Residency programs" means community-based residency educational programs in family medicine, either in existence or established under this chapter and that are certified by the accreditation council for graduate medical education or by the American osteopathic association.
(5) "Schools of medicine" means the University of Washington school of medicine located in Seattle, Washington; the Pacific Northwest University of Health Sciences located in Yakima, Washington; the Washington State University college of medicine located in Spokane, Washington; and any other such medical schools that are accredited by the liaison committee on medical education or the American osteopathic association's commission on osteopathic college accreditation, and that locate their entire four-year medical program in Washington.
[ 2018 c 93 s 1; 2015 c 252 s 3. Prior: 2010 1st sp.s. c 7 s 41; 1975 1st ex.s. c 108 s 1.]
Notes:
Intent—2015 c 252: "It is the intent of the legislature to increase the number of family medicine physicians in shortage areas in the state by providing a fiscal incentive for hospitals and clinics to develop or expand residency programs in these areas. The legislature also intends to encourage family medicine residents to work in shortage areas by funding the health professional loan repayment and scholarship program." [ 2015 c 252 s 1.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.


title: RCW 70.112.020

text:
(1) There is established a statewide medical education system for the purpose of training resident physicians in family medicine.
(2) The deans of the schools of medicine shall be responsible for implementing the development and expansion of residency programs in cooperation with the medical profession, hospitals, and clinics located throughout the state. The schools of medicine shall support development of high quality, accredited, affiliated residency programs, giving consideration to communities in the state where the population, hospital facilities, number of physicians, and interest in medical education indicate the potential success of the residency program and prioritizing support for health professional shortage areas in the state.
(3) The medical education system shall provide financial support for residents in training for those programs which are affiliated with the schools of medicine and shall establish positions for appropriate faculty to staff these programs.
(4) The schools of medicine shall coordinate with the office of student financial assistance to notify prospective family medicine students and residents of their eligibility for the health professional loan repayment and scholarship program under chapter 28B.115 RCW.
(5) The number of programs shall be determined by the board and be in keeping with the needs of the state.
[ 2015 c 252 s 4; 2012 c 117 s 426; 2010 1st sp.s. c 7 s 42; 1975 1st ex.s. c 108 s 2.]
Notes:
Intent—2015 c 252: See note following RCW 70.112.010.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

catchline: Education in family medicine—Department in school of medicine—Residency programs—Financial support.


title: RCW 70.112.060

text:
(1) The moneys appropriated for these statewide family medicine residency programs shall be in addition to all the income of the schools of medicine and shall not be used to supplant funds for other programs under the administration of the schools of medicine.
(2) The allocation of state funds for the residency programs shall not exceed fifty percent of the total cost of the program.
(3) No more than twenty-five percent of the appropriation for each fiscal year for the affiliated programs shall be authorized for expenditures made in support of the faculty and staff of the schools of medicine who are associated with the affiliated residency programs and are located at the schools of medicine.
(4) No funds for the purposes of this chapter shall be used to subsidize the cost of care incurred by patients.
(5) No more than ten percent of the state funds appropriated for the purposes of this chapter may be used for administrative or overhead costs to administer the statewide family medicine residency programs.
(6) The family medicine residency network at the University of Washington shall, in collaboration with the schools of medicine, administer the state funds appropriated for the purposes of this chapter.
[ 2015 c 252 s 5; 1975 1st ex.s. c 108 s 6.]
Notes:
Intent—2015 c 252: See note following RCW 70.112.010.

catchline: Funding of residency programs.


title: RCW 70.112.070

text:
(1) Each family medicine residency program shall annually report the following information to the department of health:
(a) The location of the residency program and whether the program, or any portion of the program, is located in a health professional shortage area as defined in RCW 70.112.010;
(b) The number of residents in the program and the number who attended an in-state versus an out-of-state medical school; and
(c) The number of graduates of the residency program who work within health professional shortage areas.
(2) The department of health shall aggregate the information received under subsection (1) of this section and report it to the appropriate legislative committees of the house of representatives and the senate by November 1, 2016, and November 1st every even year thereafter. The report must also include information on how the geographic distribution of family residency programs changes over time and, if information on the number of residents in specialty areas is readily available, a comparison of the number of residents in family medicine versus specialty areas.
[ 2015 c 252 s 2.]
Notes:
Intent—2015 c 252: See note following RCW 70.112.010.

catchline: Report to the department of health—Report to the legislature.


title: RCW 70.112.080

text:
(1) There is created a family medicine education advisory board, which must consist of the following twelve members:
(a) One member appointed by the dean of the school of medicine at the University of Washington school of medicine;
(b) One member appointed by the dean of the school of medicine at the Pacific Northwest University of Health Sciences;
(c) One member appointed by the dean of the college of medicine at Washington State University;
(d) Two citizen members, one from west of the crest of the Cascade mountains and one from east of the crest of the Cascade mountains, to be appointed by the governor;
(e) One member appointed by the Washington state medical association;
(f) One member appointed by the Washington osteopathic medical association;
(g) One member appointed by the Washington state academy of family physicians;
(h) One hospital administrator representing those Washington hospitals with family medicine residency programs, appointed by the Washington state hospital association;
(i) One director representing the directors of community-based family medicine residency programs, appointed by the family medicine residency network;
(j) One member of the house of representatives appointed by the speaker of the house; and
(k) One member of the senate appointed by the president of the senate.
(2) The three members of the advisory board appointed by the deans of the schools and colleges of medicine shall serve as chairs of the advisory board.
(3) The cochairs of the advisory board, appointed by the deans of the schools of medicine, shall serve as permanent members of the advisory board without specified term limits. The deans of the schools of medicine have the authority to replace the chair representing their school. The deans of the schools of medicine shall appoint a new member in the event that the member representing their school vacates his or her position.
(4) Other members must be initially appointed as follows: Terms of the two public members must be two years; terms of the members appointed by the medical association and the hospital association must be three years; and the remaining members must be four years. Thereafter, terms for the nonpermanent members must be four years. Members may serve two consecutive terms. New appointments must be filled in the same manner as for original appointments. Vacancies must be filled for an unexpired term in the manner of the original appointment.
[ 2018 c 93 s 2; 2015 c 252 s 6.]
Notes:
Intent—2015 c 252: See note following RCW 70.112.010.

catchline: Family medicine education advisory board.


title: RCW 70.112.090

text:
The advisory board shall consider and provide recommendations on the selection of the areas within the state where affiliate residency programs could exist, the allocation of funds appropriated under this chapter, and the procedures for review and evaluation of the residency programs.
[ 2015 c 252 s 7.]
Notes:
Intent—2015 c 252: See note following RCW 70.112.010.

catchline: Advisory board—Duties.


title: RCW 70.114.010

text:
The legislature finds that the migrant labor housing project constructed on property purchased by the state in Yakima county should be continued until June 30, 1981. The employment security department is authorized to set day use or extended period use fees, consistent with those established by the department of parks and recreation [parks and recreation commission].
[ 1979 ex.s. c 79 s 1; 1977 ex.s. c 287 s 1; 1975 1st ex.s. c 50 s 1; 1974 ex.s. c 125 s 1.]

catchline: Legislative declaration—Fees for use of housing.


title: RCW 70.114.020

text:
The employment security department is authorized to enter into such agreements and contracts as may be necessary to provide for the continued operation of the facility by a state agency, an appropriate local governmental body, or by such other entity as the commissioner may deem appropriate and in the state's best interest.
[ 1979 ex.s. c 79 s 2; 1977 ex.s. c 287 s 2; 1975 1st ex.s. c 50 s 3; 1974 ex.s. c 125 s 4.]

catchline: Migrant labor housing facility—Employment security department authorized to contract for continued operation.


title: RCW 70.114A.010

text:
The legislature finds that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state. The legislature also finds that unclear, complex regulations related to the development, construction, and permitting of worker housing inhibit the development of this much needed housing. The legislature further finds that as a result, many workers are forced to obtain housing that is unsafe and unsanitary.
Therefore, it is the intent of the legislature to encourage the development of temporary and permanent housing for workers that is safe and sanitary by: Establishing a clear and concise set of regulations for temporary housing; establishing a streamlined permitting and administrative process that will be locally administered and encourage the development of such housing; and by providing technical assistance to organizations or individuals interested in the development of worker housing.
[ 1995 c 220 s 1.]

catchline: Findings—Intent.


title: RCW 70.114A.020

text:
The definitions in this section apply throughout this chapter.
(1) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.
(2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.
(3) "Department" means the department of health.
(4) "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, that is:
(a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and
(b) Physically separated from other sleeping and common-use areas.
(5) "Enforcement" and "enforcement actions" include the authority to levy and collect fines.
(6) "Facility" means a sleeping place, drinking water, toilet, sewage disposal, food handling installation, or other installations required for compliance with this chapter.
(7) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site.
(8) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement.
(9) "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site.
(10) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy.
[ 1999 c 374 s 6; 1995 c 220 s 2.]

catchline: Definitions.


title: RCW 70.114A.030

text:
Chapter 220, Laws of 1995, applies to temporary worker housing that consists of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants.
[ 1995 c 220 s 3.]

catchline: Application of chapter.


title: RCW 70.114A.040

text:
The department is designated the single state agency responsible for encouraging the development of additional temporary worker housing, and shall be responsible for coordinating the activities of the various state and local agencies to assure a seamless, nonduplicative system for the development and operation of temporary worker housing.
[ 1995 c 220 s 4.]

catchline: Responsibilities of department.


title: RCW 70.114A.045

text:
By December 1, 1999, the department and the department of labor and industries shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards.
The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation.
[ 1999 c 374 s 3.]

catchline: Housing operation standards—Departments' agreement—Enforcement.


title: RCW 70.114A.050

text:
Temporary worker housing located on a rural worksite, and used for workers employed on the worksite, shall be considered a permitted use at the rural worksite for the purposes of zoning or other land use review processes, subject only to height, setback, and road access requirements of the underlying zone.
[ 1995 c 220 s 5.]

catchline: Housing on rural worksites.


title: RCW 70.114A.060

text:
The secretary of the department or authorized representative may inspect housing covered by chapter 220, Laws of 1995, to enforce temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department, or when the secretary or representative has reasonable cause to believe that a violation of temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable effort shall be made to obtain permission from the resident. If the premises or building is unoccupied, a reasonable effort shall be made to locate the owner or other person having charge or control of the building or premises and request entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to every remedy provided by law to secure entry.
[ 1999 c 374 s 7; 1995 c 220 s 6.]

catchline: Inspection of housing.


title: RCW 70.114A.065

text:
The department and the department of labor and industries shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. These rules shall establish standards that are as effective as the standards developed under the Washington industrial safety and health act, chapter 49.17 RCW.
[ 1999 c 374 s 1.]

catchline: Licensing, operation, and inspection—Rules.


title: RCW 70.114A.070

text:
The department of commerce shall contract with private, nonprofit corporations to provide technical assistance to any private individual or nonprofit organization wishing to construct temporary or permanent worker housing. The assistance may include information on state and local application and approval procedures, information or assistance in applying for federal, state, or local financial assistance, including tax incentives, information on cost-effective housing designs, or any other assistance the department of commerce may deem helpful in obtaining the active participation of private individuals or groups in constructing or operating temporary or permanent worker housing.
[ 2023 c 470 s 2114; 1995 c 220 s 7.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Technical assistance.


title: RCW 70.114A.081

text:
(1) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49.17 RCW, and the following guidelines:
(a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements;
(b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing;
(c) In developing the temporary worker building code the department of health shall consider:
(i) The need for dormitory type housing for groups of unrelated individuals; and
(ii) The need for housing to accommodate families;
(d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law;
(e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy;
(f) The temporary worker building code shall include standards for temporary worker housing that are to be used only during periods when no auxiliary heat is required; and
(g) The temporary worker building code shall provide that persons operating temporary worker housing consisting of four or fewer dwelling units or combinations of dwelling units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is made, such housing is subject to the codes adopted under RCW 19.27.031.
(2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW 19.27.031 and chapter 19.27A RCW, in keeping with the guidelines set forth in this section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995.
(3) The temporary worker building code authorized and required by this section shall be enforced by the department.
The department shall have the authority to allow minor variations from the temporary worker building code that do not compromise the health or safety of workers. Procedures for requesting variations and guidelines for granting such requests shall be included in the rules adopted under this section.
[ 1999 c 374 s 8; 1998 c 37 s 2.]

catchline: Temporary worker building code—Rules—Guidelines—Exceptions—Enforcement—Variations.


title: RCW 70.114A.100

text:
Any rules adopted under chapter 220, Laws of 1995, pertaining to an employer who is subject to the migrant and seasonal agricultural worker protection act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.), must comply with the housing provisions of that federal act.
[ 1995 c 220 s 10.]

catchline: Rules—Compliance with federal act.


title: RCW 70.114A.110

text:
(1) The department and the department of labor and industries are directed to engage in joint rule making to establish standards for cherry harvest temporary labor camps. These standards may include some variation from standards that are necessary for longer occupancies, provided they are as effective as the standards adopted under the Washington industrial safety and health act, chapter 49.17 RCW. As used in this section "cherry harvest temporary labor camp" means a place where housing and related facilities are provided to agricultural employees by agricultural employers for their use while employed for the harvest of cherries. The housing and facilities may be occupied by agricultural employees for a period not to exceed one week before the commencement through one week following the conclusion of the cherry crop harvest within the state.
(2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural employees who are nonimmigrant aliens admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the immigration and nationality act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)).
(3) This section has no application to temporary worker housing constructed in conformance with codes listed in RCW 19.27.031 or 70.114A.081.
[ 2002 c 23 s 1; 1999 c 374 s 5.]

catchline: Cherry harvest temporary labor camps—Rule making—Definition—Conditions for occupation—Application.


title: RCW 70.114A.901

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 3, 1995].
[ 1995 c 220 s 14.]

catchline: Effective date—1995 c 220.


title: RCW 70.115.050

text:
On the sale at retail of any hypodermic syringe, hypodermic needle, or any device adapted for the use of drugs by injection, the retailer shall satisfy himself or herself that the device will be used for the legal use intended.
[ 1981 c 147 s 5.]

catchline: Retail sale of hypodermic syringes, needles—Duty of retailer.


title: RCW 70.115.060

text:
Nothing contained in chapter 213, Laws of 2002 shall be construed to require a retailer to sell hypodermic needles or syringes to any person.
[ 2002 c 213 s 3.]

catchline: Retailers not required to sell hypodermic syringes.


title: RCW 70.12.015

text:
The secretary of health is hereby authorized to apportion and expend such sums as he or she shall deem necessary for public health work in the counties of the state, from the appropriations made to the state department of health for county public health work.
[ 1991 c 3 s 315; 1979 c 141 s 86; 1939 c 191 s 2; RRS s 6001-1. Formerly RCW 70.12.080.]

catchline: Secretary may expend funds in counties.


title: RCW 70.12.025

text:
Each county legislative authority shall annually budget and appropriate a sum for public health work.
[ 1975 1st ex.s. c 291 s 2.]
Notes:
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.

catchline: County funds for public health.


title: RCW 70.12.030

text:
Any county, combined city-county health department, or health district is hereby authorized and empowered to create a "public health pooling fund", hereafter called the "fund", for the efficient management and control of all moneys coming to such county, combined department, or district for public health purposes.
[ 1993 c 492 s 245; 1945 c 46 s 1; 1943 c 190 s 1; Rem. Supp. 1945 s 6099-1.]
Notes:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.

catchline: Public health pooling fund.


title: RCW 70.12.040

text:
Any such fund may be established in the county treasurer's office or the city treasurer's office of a first-class city according to the type of local health department organization existing.
In a district composed of more than one county, the county treasurer of the county having the largest population shall be the custodian of the fund, and the county auditor of said county shall keep the record of receipts and disbursements; and shall draw and the county treasurer shall honor and pay all such warrants.
Into any such fund so established may be paid:
(1) All grants from any state fund for county public health work;
(2) Any county current expense funds appropriated for the health department;
(3) Any other money appropriated by the county for health work;
(4) City funds appropriated for the health department;
(5) All moneys received from any governmental agency, local, state or federal which may contribute to the local health department; and
(6) Any contributions from any charitable or voluntary agency or contributions from any individual or estate.
Any school district may contract in writing for health services with the health department of the county, first-class city or health district, and place such funds in the public health pooling fund in accordance with the contract.
[ 1983 c 3 s 170; 1945 c 46 s 2; 1943 c 190 s 2; Rem. Supp. 1945 s 6099-2.]

catchline: Fund, how maintained and disbursed.


title: RCW 70.12.050

text:
All expenditures in connection with salaries, wages and operations incurred in carrying on the health department of the county, combined city-county health department, or health district shall be paid out of such fund.
[ 1993 c 492 s 246; 1945 c 46 s 3; 1943 c 190 s 3; Rem. Supp. 1945 s 6099-3.]
Notes:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.

catchline: Expenditures from fund.


title: RCW 70.12.060

text:
Any fund established as herein provided shall be expended so as to make the expenditures thereof agree with any respective appropriation period. Any accumulation in any such fund so established shall be taken into consideration when preparing any budget for the operations for the ensuing year.
[ 1943 c 190 s 4; Rem. Supp. 1943 s 6099-4.]

catchline: Expenditures geared to budget.


title: RCW 70.12.070

text:
The public health pool fund shall be subject to audit by the state auditor and shall be subject to check by the state department of health.
[ 1995 c 301 s 77; 1991 c 3 s 316; 1979 c 141 s 87; 1943 c 190 s 5; Rem. Supp. 1943 s 6099-5.]

catchline: Fund subject to audit and check by state.


title: RCW 70.122.010

text:
The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their own health care, including the decision to have life-sustaining treatment withheld or withdrawn in instances of a terminal condition or permanent unconscious condition.
The legislature further finds that modern medical technology has made possible the artificial prolongation of human life beyond natural limits.
The legislature further finds that, in the interest of protecting individual autonomy, such prolongation of the process of dying for persons with a terminal condition or permanent unconscious condition may cause loss of patient dignity, and unnecessary pain and suffering, while providing nothing medically necessary or beneficial to the patient. The legislature further believes that physicians and nurses should not withhold or unreasonably diminish pain medication for patients in a terminal condition where the primary intent of providing such medication is to alleviate pain and maintain or increase the patient's comfort.
The legislature further finds that there exists considerable uncertainty in the medical and legal professions as to the legality of terminating the use or application of life-sustaining treatment where the patient having the capacity to make health care decisions has voluntarily evidenced a desire that such treatment be withheld or withdrawn.
In recognition of the dignity and privacy which patients have a right to expect, the legislature hereby declares that the laws of the state of Washington shall recognize the right of an adult person to make a written directive instructing such person's physician to withhold or withdraw life-sustaining treatment in the event of a terminal condition or permanent unconscious condition. The legislature also recognizes that a person's right to control his or her health care may be exercised by an authorized representative who validly holds the person's durable power of attorney for health care.
[ 1992 c 98 s 1; 1979 c 112 s 2.]

catchline: Legislative findings.


title: RCW 70.122.020

text:
Unless the context clearly requires otherwise, the definitions contained in this section shall apply throughout this chapter.
(1) "Adult person" means a person who has attained the age of majority as defined in RCW 26.28.010 and 26.28.015, and who has the capacity to make health care decisions.
(2) "Attending physician" means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient.
(3) "Directive" means a written document voluntarily executed by the declarer generally consistent with the guidelines of RCW 70.122.030.
(4) "Health facility" means a hospital as defined in RCW 70.41.020 or a nursing home as defined in RCW 18.51.010, a home health agency or hospice agency as defined in RCW 70.126.010, or an assisted living facility as defined in RCW 18.20.020.
(5) "Life-sustaining treatment" means any medical or surgical intervention that uses mechanical or other artificial means, including artificially provided nutrition and hydration, to sustain, restore, or replace a vital function, which, when applied to a qualified patient, would serve only to prolong the process of dying. "Life-sustaining treatment" shall not include the administration of medication or the performance of any medical or surgical intervention deemed necessary solely to alleviate pain.
(6) "Permanent unconscious condition" means an incurable and irreversible condition in which the patient is medically assessed within reasonable medical judgment as having no reasonable probability of recovery from an irreversible coma or a persistent vegetative state.
(7) "Physician" means a person licensed under chapter 18.71 or 18.57 RCW.
(8) "Qualified patient" means an adult person who is a patient diagnosed in writing to have a terminal condition by the patient's attending physician, who has personally examined the patient, or a patient who is diagnosed in writing to be in a permanent unconscious condition in accordance with accepted medical standards by two physicians, one of whom is the patient's attending physician, and both of whom have personally examined the patient.
(9) "Terminal condition" means an incurable and irreversible condition caused by injury, disease, or illness, that, within reasonable medical judgment, will cause death within a reasonable period of time in accordance with accepted medical standards, and where the application of life-sustaining treatment serves only to prolong the process of dying.
[ 2025 c 58 s 2040; 2012 c 10 s 53; 1992 c 98 s 2; 1979 c 112 s 3.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Application—2012 c 10: See note following RCW 18.20.010.

catchline: Definitions.