title: RCW 70.129.090

text:
(1) The resident has the right and the facility must not interfere with access to any resident by the following:
(a) Any representative of the state;
(b) The resident's individual physician;
(c) The state long-term care ombuds as established under chapter 43.190 RCW;
(d) The agency responsible for the protection and advocacy system for individuals with developmental disabilities as established under part C of the developmental disabilities assistance and bill of rights act;
(e) The agency responsible for the protection and advocacy system for individuals with mental illness as established under the protection and advocacy for mentally ill individuals act;
(f) Subject to reasonable restrictions to protect the rights of others and to the resident's right to deny or withdraw consent at any time, resident representative, immediate family or other relatives of the resident, and others who are visiting with the consent of the resident;
(g) The agency responsible for the protection and advocacy system for individuals with disabilities as established under section 509 of the rehabilitation act of 1973, as amended, who are not served under the mandates of existing protection and advocacy systems created under federal law.
(2) The facility must provide reasonable access to a resident by the resident representative or an entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time.
(3) The facility must allow representatives of the state ombuds to examine a resident's clinical records with the permission of the resident or resident representative to the extent provided by law, and consistent with state and federal law.
[ 2021 c 159 s 26; 2013 c 23 s 185; 1994 c 214 s 10.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.

catchline: Advocacy, access, and visitation rights.


doc_type: statute

jurisdiction: wa

title: RCW 70.129.100

text:
(1) The resident has the right to retain and use personal possessions, including some furnishings, and appropriate clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents.
(2) The facility shall, upon request, provide the resident with a lockable container or other lockable storage space for small items of personal property, unless the resident's individual room is lockable with a key issued to the resident.
[ 1994 c 214 s 11.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Personal property—Storage space.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70.129.105

text:
No long-term care facility or nursing facility licensed under chapter 18.51 RCW shall require or request residents to sign waivers of potential liability for losses of personal property or injury, or to sign waivers of residents' rights set forth in this chapter or in the applicable licensing or certification laws.
[ 1997 c 392 s 211; 1994 c 214 s 17.]
Notes:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Waiver of liability and resident rights limited.


title: RCW 70.129.110

text:
(1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless:
(a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;
(b) The safety of individuals in the facility is endangered;
(c) The health of individuals in the facility would otherwise be endangered;
(d) The resident has failed to make the required payment for his or her stay; or
(e) The facility ceases to operate.
(2) All long-term care facilities shall fully disclose to potential residents or resident representatives the service capabilities of the facility prior to admission to the facility. If the care needs of the applicant who is medicaid eligible are in excess of the facility's service capabilities, the department shall identify other care settings or residential care options consistent with federal law.
(3) Before a long-term care facility transfers or discharges a resident, the facility must:
(a) First attempt through reasonable accommodations to avoid the transfer or discharge, unless agreed to by the resident;
(b) Notify the resident and resident representative of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand;
(c) Record the reasons in the resident's record; and
(d) Include in the notice the items described in subsection (5) of this section.
(4)(a) Except when specified in this subsection, the notice of transfer or discharge required under subsection (3) of this section must be made by the facility at least thirty days before the resident is transferred or discharged.
(b) Notice may be made as soon as practicable before transfer or discharge when:
(i) The safety of individuals in the facility would be endangered;
(ii) The health of individuals in the facility would be endangered;
(iii) An immediate transfer or discharge is required by the resident's urgent medical needs; or
(iv) A resident has not resided in the facility for thirty days.
(5) The written notice specified in subsection (3) of this section must include the following:
(a) The reason for transfer or discharge;
(b) The effective date of transfer or discharge;
(c) The location to which the resident is transferred or discharged;
(d) The name, address, and telephone number of the state long-term care ombuds;
(e) For residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of individuals with developmental disabilities established under part C of the developmental disabilities assistance and bill of rights act; and
(f) For residents with mental illness, the mailing address and telephone number of the agency responsible for the protection and advocacy of individuals with mental illness established under the protection and advocacy for mentally ill individuals act.
(6) A facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.
(7) A resident discharged in violation of this section has the right to be readmitted immediately upon the first availability of a gender-appropriate bed in the facility.
[ 2021 c 159 s 27; 2013 c 23 s 186; 1997 c 392 s 205; 1994 c 214 s 12.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Disclosure, transfer, and discharge requirements.


title: RCW 70.129.120

text:
The resident has the right to be free from physical restraint or chemical restraint. This section does not require or prohibit facility staff from reviewing the judgment of the resident's physician in prescribing psychopharmacologic medications.
[ 1994 c 214 s 13.]

catchline: Restraints—Physical or chemical.


title: RCW 70.129.130

text:
The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.
(1) The facility must not use verbal, mental, sexual, or physical abuse, including corporal punishment or involuntary seclusion.
(2) Subject to available resources, the department of social and health services shall provide background checks required by RCW 43.43.842 for employees of facilities licensed under chapter 18.20 RCW without charge to the facility.
[ 1994 c 214 s 14.]

catchline: Abuse, punishment, seclusion—Background checks.


title: RCW 70.129.140

text:
(1) The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality.
(2) Within reasonable facility rules designed to protect the rights and quality of life of residents, the resident has the right to:
(a) Choose activities, schedules, and health care consistent with his or her interests, assessments, and plans of care;
(b) Interact with members of the community both inside and outside the facility;
(c) Make choices about aspects of his or her life in the facility that are significant to the resident;
(d) Wear his or her own clothing and determine his or her own dress, hair style, or other personal effects according to individual preference;
(e) Unless adjudged incompetent or otherwise found to be legally incapacitated, participate in planning care and treatment or changes in care and treatment;
(f) Unless adjudged incompetent or otherwise found to be legally incapacitated, to direct his or her own service plan and changes in the service plan, and to refuse any particular service so long as such refusal is documented in the record of the resident.
(3)(a) A resident has the right to organize and participate in resident groups in the facility.
(b) A resident's family has the right to meet in the facility with the families of other residents in the facility.
(c) The facility must provide a resident or family group, if one exists, with meeting space.
(d) Staff or visitors may attend meetings at the group's invitation.
(e) When a resident or family group exists, the facility must listen to the views and act upon the grievances and recommendations of residents and families concerning proposed policy and operational decisions affecting resident care and life in the facility.
(f) The resident has the right to refuse to perform services for the facility except as voluntarily agreed by the resident and the facility in the resident's service plan.
(4) A resident has the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility.
(5) A resident has the right to:
(a) Reside and receive services in the facility with reasonable accommodation of individual needs and preferences, except when the health or safety of the individual or other residents would be endangered; and
(b) Receive notice before the resident's room or roommate in the facility is changed.
(6) A resident has the right to share a double room with his or her spouse or domestic partner when residents who are married to each other or in a domestic partnership with each other live in the same facility and both spouses or both domestic partners consent to the arrangement.
[ 2008 c 6 s 304; 1994 c 214 s 15.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Quality of life—Rights.


title: RCW 70.129.150

text:
(1) Prior to admission, all long-term care facilities or nursing facilities licensed under chapter 18.51 RCW that require payment of an admissions fee, deposit, or a minimum stay fee, by or on behalf of a person seeking admission to the long-term care facility or nursing facility, shall provide the resident, or resident representative, full disclosure in writing in a language the resident or resident representative understands, a statement of the amount of any admissions fees, deposits, prepaid charges, or minimum stay fees. The facility shall also disclose to the person, or resident representative, the facility's advance notice or transfer requirements, prior to admission. In addition, the long-term care facility or nursing facility shall also fully disclose in writing prior to admission what portion of the deposits, admissions fees, prepaid charges, or minimum stay fees will be refunded to the resident or resident representative to the extent provided by law, if the resident leaves the long-term care facility or nursing facility. Receipt of the disclosures required under this subsection must be acknowledged in writing. If the facility does not provide these disclosures, the deposits, admissions fees, prepaid charges, or minimum stay fees may not be kept by the facility. If a resident dies or is hospitalized or is transferred to another facility for more appropriate care and does not return to the original facility, the facility shall refund any deposit or charges already paid less the facility's per diem rate for the days the resident actually resided or reserved or retained a bed in the facility notwithstanding any minimum stay policy or discharge notice requirements, except that the facility may retain an additional amount to cover its reasonable, actual expenses incurred as a result of a private-pay resident's move, not to exceed five days' per diem charges, unless the resident has given advance notice in compliance with the admission agreement. All long-term care facilities or nursing facilities covered under this section are required to refund any and all refunds due the resident or resident representative to the extent provided by law, within thirty days from the resident's date of discharge from the facility. Nothing in this section applies to provisions in contracts negotiated between a nursing facility or long-term care facility and a certified health plan, health or disability insurer, health maintenance organization, managed care organization, or similar entities.
(2) Where a long-term care facility or nursing facility requires the execution of an admission contract by or on behalf of an individual seeking admission to the facility, the terms of the contract shall be consistent with the requirements of this section, and the terms of an admission contract by a long-term care facility shall be consistent with the requirements of this chapter.
[ 2021 c 159 s 28; 1997 c 392 s 206; 1994 c 214 s 16.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Disclosure of fees and notice requirements—Deposits.


title: RCW 70.129.160

text:
The long-term care ombuds shall monitor implementation of this chapter and determine the degree to which veterans' homes, nursing facilities, adult family homes, enhanced services facilities, and assisted living facilities ensure that residents are able to exercise their rights. The long-term care ombuds shall consult with the departments of health and social and health services, long-term care facility organizations, resident groups, senior citizen organizations, and organizations concerning individuals with disabilities.
[ 2020 c 278 s 14; 2013 c 23 s 187; 2012 c 10 s 58; 1998 c 245 s 113; 1994 c 214 s 18.]
Notes:
Application—2012 c 10: See note following RCW 18.20.010.

catchline: Ombuds implementation duties.


title: RCW 70.129.170

text:
The legislature intends that long-term care facility or nursing home residents, their family members or guardians, the long-term care ombuds, protection and advocacy personnel identified in RCW 70.129.110(5) (e) and (f), and others who may seek to assist long-term care facility or nursing home residents, use the least formal means available to satisfactorily resolve disputes that may arise regarding the rights conferred by the provisions of this chapter and RCW 18.20.180, 18.51.009, 72.36.037, and 70.128.125. Wherever feasible, direct discussion with facility personnel or administrators should be employed. Failing that, and where feasible, recourse may be sought through state or federal long-term care or nursing home licensing or other regulatory authorities. However, the procedures suggested in this section are cumulative and shall not restrict an agency or person from seeking a remedy provided by law or from obtaining additional relief based on the same facts, including any remedy available to an individual at common law. Chapter 214, Laws of 1994 is not intended to, and shall not be construed to, create any right of action on the part of any individual beyond those in existence under any common law or statutory doctrine. Chapter 214, Laws of 1994 is not intended to, and shall not be construed to, operate in derogation of any right of action on the part of any individual in existence on June 9, 1994.
[ 2013 c 23 s 188; 1994 c 214 s 19.]

catchline: Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative.


title: RCW 70.129.180

text:
(1) A long-term care facility must fully disclose to residents the facility's policy on accepting medicaid as a payment source. The policy shall clearly state the circumstances under which the facility provides care for medicaid eligible residents and for residents who may later become eligible for medicaid.
(2) The policy under this section must be provided to residents orally and in writing prior to admission, in a language that the resident or resident representative understands. The written policy must be in type font no smaller than fourteen point and written on a page that is separate from other documents. The policy must be signed and dated by the resident or resident representative to the extent provided by law, if the resident lacks capacity. The facility must retain a copy of the disclosure. Current residents must receive a copy of the policy consistent with this section by July 26, 2009.
[ 2021 c 159 s 29; 2009 c 489 s 1.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.

catchline: Facility's policy on accepting medicaid as a payment source—Disclosure.


title: RCW 70.129.185

text:
The department of social and health services and the department of health, in collaboration with the state office of the long-term care ombuds and representatives of long-term care facilities, shall develop training materials to educate the leadership and staff of local health jurisdictions on the state's long-term care system. The training materials must provide information to assist local health jurisdiction personnel when establishing and enforcing public health measures in long-term care facilities and nursing homes, including:
(1) All applicable state and federal resident rights, including the due process rights of residents; and
(2) The process for local health jurisdiction personnel to report abuse and neglect in facilities and nursing homes, including during periods when visitation may be limited.
[ 2021 c 159 s 19.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.

catchline: Training materials for leadership and staff—Local health jurisdictions.


title: RCW 70.129.190

text:
(1) In circumstances in which limitations must be placed on resident visitation due to a public health emergency or other threat to the health and safety of the residents and staff of a facility or nursing home, residents must still be allowed access to an essential support person, subject to reasonable limitations on such access tailored to protecting the health and safety of essential support persons, residents, and staff.
(2) The facility or nursing home must allow private, in-person access to the resident by the essential support person in the resident's room. If the resident resides in a shared room, and the roommate, or the roommate's resident representative, if any, does not consent or the visit cannot be conducted safely in a shared room, then the facility or nursing home shall designate a substitute location in the facility or nursing home for the resident and essential support person to visit.
(3) The facility or nursing home shall develop and implement reasonable conditions on access by an essential support person tailored to protecting the health and safety of the essential support person, residents, and staff, based upon the particular public health emergency or other health or safety threat.
(4) The facility or nursing home may temporarily suspend an individual's designation as an essential support person for failure to comply with these requirements or reasonable conditions developed and implemented by the facility or nursing home that are tailored to protecting that health and safety of the essential support person, residents, and staff, based upon the particular public health emergency or other health or safety threat. Unless immediate action is necessary to prevent an imminent and serious threat to the health or safety of residents or staff, the facility or nursing home shall attempt to resolve the concerns with the essential support person and the resident prior to temporarily suspending the individual's designation as an essential support person. The suspension shall last no longer than 48 hours during which time the facility or nursing home must contact the department for guidance and must provide the essential support person:
(a) Information regarding the steps the essential support person must take to resume the visits, such as agreeing to comply with reasonable conditions tailored to protecting the health and safety of the essential support person, residents, and staff, based upon the particular public health emergency or other health or safety threat;
(b) The contact information for the long-term care ombuds program; and
(c) As appropriate, the contact information for the developmental disabilities ombuds, the agency responsible for the protection and advocacy system for individuals with developmental disabilities, and the agency responsible for the protection and advocacy system for individuals with mental illness.
(5) For the purposes of this section, "essential support person" means an individual who is:
(a) At least 18 years of age;
(b) Designated by the resident, or by the resident's representative, if the resident is determined to be incapacitated or otherwise legally incapacitated; and
(c) Necessary for the resident's emotional, mental, or physical well-being during situations that include, but are not limited to, circumstances involving compassionate care or end-of-life care, circumstances where visitation from a familiar person will assist with important continuity of care or the reduction of confusion and anxiety for residents with cognitive impairments, or other circumstances where the presence of an essential support person will prevent or reduce significant emotional distress to the resident.
[ 2021 c 159 s 20.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.

catchline: Essential support person.


title: RCW 70.129.901

text:
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 1994 c 214 s 27.]

catchline: Conflict with federal requirements—1994 c 214.


title: RCW 70.136.010

text:
It is the intent of the legislature to promote and encourage advance planning, cooperation, and mutual assistance between applicable political subdivisions of the state and persons with equipment, personnel, and expertise in the handling of hazardous materials incidents, by establishing limitations on liability for those persons responding in accordance with the provisions of RCW 70.136.020 through 70.136.070.
[ 1982 c 172 s 1.]
Notes:
Reviser's note: Although 1982 c 172 directed that sections 1 through 7 of that enactment be added to chapter 4.24 RCW, codification of these sections as a new chapter in Title 70 RCW appears more appropriate.

catchline: Legislative intent.


title: RCW 70.136.020

text:
The definitions set forth in this section apply throughout RCW 70.136.010 through 70.136.070.
(1) "Hazardous materials" means:
(a) Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, or other release, and will, consequently, require evacuation;
(b) Materials that, if spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene;
(c) Materials that, if involved in a fire will pose unusual risks to emergency response personnel;
(d) Materials requiring unusual storage or transportation conditions to assure safe containment; or
(e) Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment.
(2) "Applicable political subdivisions of the state" means cities, towns, counties, fire districts, and those port authorities with emergency response capabilities.
(3) "Person" means an individual, partnership, corporation, or association.
(4) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state.
(5) "Hazardous materials incident" means an incident creating a danger to persons, property, or the environment as a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof.
(6) "Governing body" means the elected legislative council, board, or commission or the chief executive of the applicable political subdivision of the state with public safety responsibility.
(7) "Incident command agency" means the predesignated or appointed agency charged with coordinating all activities and resources at the incident scene.
(8) "Representative" means an agent from the designated hazardous materials incident command agency with the authority to secure the services of persons with hazardous materials expertise or equipment.
(9) "Profit" means compensation for rendering care, assistance, or advice in excess of expenses actually incurred.
[ 1987 c 238 s 1; 1982 c 172 s 2.]

catchline: Definitions.


title: RCW 70.136.030

text:
The governing body of each applicable political subdivision of this state shall designate a hazardous materials incident command agency within its respective boundaries, and file this designation with the director of commerce. In designating an incident command agency, the political subdivision shall consider the training, manpower, expertise, and equipment of various available agencies as well as the Uniform Fire Code and other existing codes and regulations. Along state and interstate highway corridors, the Washington state patrol shall be the designated incident command agency unless by mutual agreement that role has been assumed by another designated incident command agency. If a political subdivision has not designated an incident command agency within six months after July 26, 1987, the Washington state patrol shall then assume the role of incident command agency by action of the chief until a designation has been made.
[ 2023 c 470 s 2115; 1995 c 399 s 197; 1987 c 238 s 2; 1986 c 266 s 50; 1985 c 7 s 132; 1984 c 165 s 1; 1982 c 172 s 4.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Incident command agencies—Designation by political subdivisions.


title: RCW 70.136.035

text:
In political subdivisions where an incident command agency has been designated, the Washington state patrol shall continue to respond with a supervisor to provide assistance to the incident command agency.
[ 1987 c 238 s 3.]

catchline: Incident command agencies—Assistance from state patrol.


title: RCW 70.136.040

text:
Hazardous materials incident command agencies, so designated by all applicable political subdivisions of the state, are authorized and encouraged, prior to a hazardous materials incident, to enter individually or jointly into written hazardous materials emergency assistance agreements with any person whose knowledge or expertise is deemed potentially useful.
[ 1982 c 172 s 3.]

catchline: Incident command agencies—Emergency assistance agreements.


title: RCW 70.136.050

text:
An incident command agency in the good faith performance of its duties, is not liable for civil damages resulting from any act or omission in the performance of its duties, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.
Any person or public agency whose assistance has been requested by an incident command agency, who has entered into a written hazardous materials assistance agreement before or at the scene of the incident pursuant to RCW 70.136.060 and 70.136.070, and who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident, is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.
[ 1987 c 238 s 4; 1984 c 165 s 2; 1982 c 172 s 5.]

catchline: Persons and agencies rendering emergency aid in hazardous materials incidents—Immunity from liability—Limitations.


title: RCW 70.136.060

text:
Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions:
(1) The person or public agency requested to assist shall not be obligated to assist;
(2) The person or public agency requested to assist may act only under the direction of the incident command agency or its representative;
(3) The person or public agency requested to assist may withdraw its assistance if it deems the actions or directions of the incident command agency to be contrary to accepted hazardous materials response practices;
(4) The person or public agency requested to assist shall not profit from rendering the assistance;
(5) Any person responsible for causing the hazardous materials incident shall not be covered by the liability standard defined in RCW 70.136.050.
It is the responsibility of both parties to ensure that mutually agreeable procedures are established for identifying the incident command agency when assistance is requested, for recording the name of the person or public agency whose assistance is requested, and the time and date of the request, which records shall be retained for three years by the incident command agency. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section.
[ 1987 c 238 s 5; 1982 c 172 s 6.]

catchline: Written emergency assistance agreements—Terms and conditions—Records.


title: RCW 70.136.070

text:
(1) Verbal hazardous materials emergency assistance agreements may be entered into at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident command agency or its representative to the person or public agency whose assistance is requested. The incident command agency and the person or public agency whose assistance is requested shall both sign the notification which appears in subsection (2) of this section, indicating the date and time of signature. If a requesting incident command agency deliberately misrepresents individual or agency status, that agency shall assume full liability for any damages resulting from the actions of the person or public agency whose assistance is requested, other than those damages resulting from gross negligence or wilful or wanton misconduct.
(2) The notification required by subsection (1) of this section shall be in substantially the following form:
NOTIFICATION OF "GOOD SAMARITAN" LAW
You have been requested to provide emergency assistance by a representative of a hazardous materials incident command agency. To encourage your assistance, the Washington state legislature has passed "Good Samaritan" legislation (RCW 70.136.050) to protect you from potential liability. The law reads, in part:
"Any person or public agency whose assistance has been requested by an incident command agency, who has entered into a written hazardous materials assistance agreement . . . at the scene of the incident pursuant to . . . RCW 70.136.070, and who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident, is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct."
The law requires that you be advised of certain conditions to ensure your protection:
1.
You are not obligated to assist and you may withdraw your assistance at any time.
2.
You cannot profit from assisting.
3.
You must agree to act under the direction of the incident command agency.
4.
You are not covered by this law if you caused the initial accident.
I have read and understand the above.
(Name) . . . .
Date . . . . . . Time . . . .
I am a representative of a designated hazardous materials incident command agency and I am authorized to make this request for assistance.
(Name) . . . .
(Agency) . . . .
Date . . . . . . Time . . . .
[ 1987 c 238 s 6; 1982 c 172 s 7.]

catchline: Verbal emergency assistance agreements—Good Samaritan law—Notification—Form.


title: RCW 70.136.080

text:
(1) If a type 1 or 2 hazardous material spill or release occurs, the department of ecology must provide for at least one public meeting to inform the public about the hazardous material spill or release.
(2) A public meeting conducted under this section must allow for remote participation if technologically feasible and may be held jointly with the county legislative authority's regularly scheduled meeting as described in RCW 36.32.080 or a special meeting as provided in RCW 42.30.080.
(3) A public meeting conducted under this section must include:
(a) A representative from the department of ecology;
(b) A representative from the local organization for emergency services or management, as defined in RCW 38.52.010, in the jurisdiction where the spill or release occurred; and
(c) A representative for the party responsible for the hazardous material spill or release.
(4) For purposes of this section:
(a) A "type 1 hazardous material spill or release" is a spill or release of national significance, requiring the activation of the department of ecology's crisis management team, incident management team, command, and general staff; involvement of the governor's office and federal agency officials; establishment of area command; and active involvement of the department of ecology spills program manager. It may require the establishment of a national incident commander.
(b) A "type 2 hazardous material spill or release" is a large or major incident of long duration, requiring the activation of the department of ecology's crisis management team, incident management team, unified command at an appropriate command post, and most or all of the command and general staff positions. It may require other incident management teams, such as industry, federal, or local; cascading of resources from other states; and establishment of area command. The incident will go into multiple operational periods, and requires significant product spilled and numerous sensitive sites threatened. A written incident action plan will be required for each operational period.
[ 2024 c 331 s 2.]

catchline: Type 1 or 2 hazardous material spill or release—Public meeting.


title: RCW 70.14.020

text:
Each of the agencies listed in *RCW 70.14.010, with the exception of the department of labor and industries, which expends more than five hundred thousand dollars annually of state funds for purchase of health care shall identify the availability and costs of nonfee for service providers of health care, including preferred provider organizations, health maintenance organizations, managed health care or case management systems, or other nonfee for service alternatives. In each case where feasible in which an alternative health care provider arrangement, of similar scope and quality, is available at lower cost than fee-for-service providers, such state agencies shall make the services of the alternative provider available to clients, consumers, or employees for whom state dollars are spent to purchase health care. As consistent with other state and federal law, requirements for copayments, deductibles, the scope of available services, or other incentives shall be used to encourage clients, consumers, or employees to use the lowest cost providers, except that copayments or deductibles shall not be required where they might have the impact of denying access to necessary health care in a timely manner.
[ 1986 c 303 s 7.]
Notes:
*Reviser's note: RCW 70.14.010 was repealed by 1988 c 107 s 35, effective October 1, 1988.
Medical assistance—Agreements with managed care organizations: RCW 74.09.522.

catchline: State agencies to identify alternative health care providers.


title: RCW 70.14.030

text:
Plans for establishing or improving utilization review procedures for purchased health care services shall be developed by each agency listed in *RCW 70.14.010. The plans shall specifically address such utilization review procedures as prior authorization of services, hospital inpatient length of stay review, requirements for use of outpatient surgeries and the obtaining of second opinions for surgeries, review of invoices or claims submitted by service providers, and performance audit of providers.
[ 1986 c 303 s 8.]
Notes:
*Reviser's note: RCW 70.14.010 was repealed by 1988 c 107 s 35, effective October 1, 1988.

catchline: Health care utilization review procedures.


title: RCW 70.14.040

text:
The state agencies listed in *RCW 70.14.010 shall review the feasibility of establishing prospective payment approaches within their health care programs. Work plans or timetables shall be prepared for the development of prospective rates. The agencies shall identify legislative actions that may be necessary to facilitate the adoption of prospective rate setting methods.
[ 1986 c 303 s 9.]
Notes:
*Reviser's note: RCW 70.14.010 was repealed by 1988 c 107 s 35, effective October 1, 1988.

catchline: Review of prospective rate setting methods.


title: RCW 70.14.050

text:
(1) Each agency administering a state purchased health care program as defined in RCW 41.05.011 shall, in cooperation with other agencies, take any necessary actions to control costs without reducing the quality of care when reimbursing for or purchasing drugs. To accomplish this purpose, participating agencies may establish an evidence-based prescription drug program.
(2) In developing the evidence-based prescription drug program authorized by this section, agencies:
(a) Shall prohibit reimbursement for drugs that are determined to be ineffective by the United States food and drug administration;
(b) Shall adopt rules in order to ensure that less expensive generic drugs will be substituted for brand name drugs in those instances where the quality of care is not diminished;
(c) Where possible, may authorize reimbursement for drugs only in economical quantities;
(d) May limit the prices paid for drugs by such means as negotiated discounts from pharmaceutical manufacturers, central purchasing, volume contracting, or setting maximum prices to be paid;
(e) Shall consider the approval of drugs with lower abuse potential in substitution for drugs with significant abuse potential;
(f) May take other necessary measures to control costs of drugs without reducing the quality of care; and
(g) Shall adopt rules governing practitioner endorsement and use of any list developed as part of the program authorized by this section.
(3) Agencies shall provide for reasonable exceptions, consistent with RCW 69.41.190, to any list developed as part of the program authorized by this section.
(4) Agencies shall establish an independent pharmacy and therapeutics committee to evaluate the effectiveness of prescription drugs in the development of the program authorized by this section.
[ 2025 c 58 s 2039; 2003 1st sp.s. c 29 s 9; 1986 c 303 s 10.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW 74.09.650.

catchline: Drug purchasing cost controls—Establishment of evidence-based prescription drug program.


title: RCW 70.14.060

text:
(1)(a) The director of the state health care authority shall, directly or by contract, adopt policies necessary for establishment of a prescription drug purchasing consortium. The consortium's purchasing activities shall be based upon the evidence-based prescription drug program established under RCW 70.14.050. Except as provided in RCW 70.14.065 or exempted under (b) of this subsection, state purchased health care programs as defined in RCW 41.05.011 shall purchase prescription drugs through the consortium for those prescription drugs that are purchased directly by the state and those that are purchased through reimbursement of pharmacies. The director shall not require any supplemental rebate offered to the health care authority by a pharmaceutical manufacturer for prescription drugs purchased for medical assistance program clients under chapter 74.09 RCW be extended to any other state purchased health care program, or to any other individuals or entities participating in the consortium. The director shall explore joint purchasing opportunities with other states.
(b) State purchased health care programs are exempt from the requirements of this section if they can demonstrate to the director of the state health care authority that, as a result of the availability of federal programs or other purchasing arrangements, their other purchasing mechanisms will result in greater discounts and aggregate cost savings than would be realized through participation in the consortium.
(2) Participation in the purchasing consortium shall be offered as an option beginning January 1, 2006. Participation in the consortium is purely voluntary for units of local government, private entities, labor organizations, health carriers as provided in RCW 48.43.005, state purchased health care services from or through health carriers as provided in RCW 48.43.005, and for individuals who lack or are underinsured for prescription drug coverage. The director may set reasonable fees, including enrollment fees, to cover administrative costs attributable to participation in the prescription drug consortium.
(3) The state health care authority is authorized to adopt rules implementing chapter 129, Laws of 2005.
[ 2021 c 274 s 2; 2020 c 346 s 4; 2009 c 560 s 13; 2005 c 129 s 1.]
Notes:
Intent—2020 c 346: See note following RCW 70.14.165.
Intent—Effective date—Disposition of property and funds—Assignment/delegation of contractual rights or duties—2009 c 560: See notes following RCW 18.06.080.
Performance audit—2005 c 129 s 1: "By December 1, 2008, the joint legislative audit and review committee shall conduct a performance audit on the operation of the consortium created in section 1 of this act. The audit shall review the operations and outcomes associated with the implementation of this consortium and identify the net savings, if any, to the members of the consortium, the percentage of targeted populations participating, and changes in the health outcomes of participants." [ 2005 c 129 s 3.]
Severability—2005 c 129: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2005 c 129 s 4.]
Conflict with federal requirements—2005 c 129: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2005 c 129 s 5.]

catchline: Prescription drug purchasing consortium—Participation—Exceptions—Rules.


title: RCW 70.14.065

text:
(1)(a) The authority may enter into partnership agreements with another state, a group of states, a state agency, a nonprofit organization, or any other entity to produce, distribute, or purchase generic prescription drugs and distribute and purchase insulin. Partnership agreements with governmental entities are exempt from competitive solicitation requirements in accordance with RCW 39.26.125(10). However, the authority must comply with state procurement laws related to competitive procurement when purchasing or entering into purchasing agreements with nongovernmental entities.
(b) The generic prescription drugs and insulin must be produced or distributed by a drug company or generic drug manufacturer that is registered with the United States food and drug administration.
(2) The authority shall only enter into partnerships, in consultation with other state agencies as necessary, to produce, distribute, or purchase a generic prescription drug or insulin at a price that results in savings to public and private purchasers and consumers.
(3) For generic prescription drugs and insulin that the authority has entered into a partnership under this section:
(a) State purchased health care programs must purchase the generic prescription drugs and insulin through the partnership, unless the state purchased health care program can obtain the generic prescription drug or insulin at a cost savings through another purchasing mechanism; and
(b) Local governments, private entities, health carriers, and others may choose to voluntarily purchase the generic prescription drugs and insulin from the authority as available quantities allow.
(4) All information and documents obtained or created under this section is exempt from disclosure under chapter 42.56 RCW.
(5) For purposes of this section, the following definitions apply:
(a) "Authority" means the health care authority.
(b) "Eligible prescription drug" means a prescription drug or biological product, as defined in 42 U.S.C. Sec. 262(i), that is not under patent.
(c) "Generic drug" means a drug that is approved pursuant to an application referencing an eligible prescription drug that is submitted under section 505(j) of the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), or section 351(k) of the federal public health service act (42 U.S.C. Sec. 262).
(d) "Purchase" means the acquisition of generic drugs and insulin. "Purchase" includes, but is not limited to, entering into contracts with manufacturers on behalf of those dispensing drugs and other innovative purchasing strategies to help increase access for Washington citizens to the best price available for insulin and generic prescription drugs. This subsection should be interpreted broadly to provide the authority flexibility in how it procures generic drugs and insulin in order to obtain the best price.
(e) "State purchased health care" means medical and health care, pharmaceuticals, and medical equipment purchased with state and federal funds by the department of social and health services, department of health, state health care authority, department of labor and industries, department of corrections, and department of veterans affairs. State purchased health care does not include prescription drugs purchased for medical assistance program clients under chapter 74.09 RCW.
[ 2021 c 274 s 1.]

catchline: Generic prescription drug partnership agreements.


title: RCW 70.14.070

text:
The prescription drug consortium account is created in the custody of the state treasurer. All receipts from activities related to administration of the state drug purchasing consortium on behalf of participating individuals and organizations, other than state purchased health care programs, shall be deposited into the account. The receipts include but are not limited to rebates from manufacturers, and the fees established under RCW 70.14.060(2). Expenditures from the account may be used only for the purposes of RCW 70.14.060. Only the administrator of the state health care authority or the administrator's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2005 c 129 s 2.]
Notes:
Severability—Conflict with federal requirements—2005 c 129: See notes following RCW 70.14.060.

catchline: Prescription drug consortium account.


title: RCW 70.14.080

text:
The definitions in this section apply throughout RCW 70.14.090 through 70.14.130 unless the context clearly requires otherwise.
(1) "Administrator" means the administrator of the Washington state health care authority under chapter 41.05 RCW.
(2) "Advisory group" means a group established under RCW 70.14.110(2)(c).
(3) "Committee" means the health technology clinical committee established under RCW 70.14.090.
(4) "Coverage determination" means a determination of the circumstances, if any, under which a health technology will be included as a covered benefit in a state purchased health care program.
(5) "Health technology" means medical and surgical devices and procedures, medical equipment, and diagnostic tests. Health technologies does not include prescription drugs governed by RCW 70.14.050.
(6) "Participating agency" means the department of social and health services, the state health care authority, and the department of labor and industries.
(7) "Reimbursement determination" means a determination to provide or deny reimbursement for a health technology included as a covered benefit in a specific circumstance for an individual patient who is eligible to receive health care services from the state purchased health care program making the determination.
[ 2006 c 307 s 1.]
Notes:
Captions not law—2006 c 307: "Captions used in this act are not any part of the law." [ 2006 c 307 s 10.]
Conflict with federal requirements—2006 c 307: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2006 c 307 s 11.]


title: RCW 70.14.090

text:
(1) A health technology clinical committee is established, to include the following eleven members appointed by the administrator in consultation with participating state agencies:
(a) Six practicing physicians licensed under chapter 18.57 or 18.71 RCW; and
(b) Five other practicing licensed health professionals who use health technology in their scope of practice.
(i) At least two members of the committee must have professional experience treating women, children, elderly persons, and people with diverse ethnic and racial backgrounds.
(ii) At least one member of the committee must be appointed from nominations submitted by the Washington state medical association or the Washington state osteopathic medical association.
(2) In addition, any rotating clinical expert selected to advise the committee on health technology must be a nonvoting member of the committee.
(3) Members of the committee:
(a) Shall not contract with or be employed by a health technology manufacturer or a participating agency during their term or for eighteen months before their appointment. As a condition of appointment, each person shall agree to the terms and conditions imposed by the administrator regarding conflicts of interest;
(b) Are immune from civil liability for any official acts performed in good faith as members of the committee; and
(c) Shall be compensated for participation in the work of the committee in accordance with a personal services contract to be executed after appointment and before commencement of activities related to the work of the committee.
(4) Meetings of the committee and any advisory group are subject to chapter 42.30 RCW, the open public meetings act, including RCW 42.30.110(1)(l), which authorizes an executive session during a regular or special meeting to consider proprietary or confidential nonpublished information.
(5) Neither the committee nor any advisory group is an agency for purposes of chapter 34.05 RCW.
(6) The health care authority shall provide administrative support to the committee and any advisory group, and may adopt rules governing their operation.
[ 2016 sp.s. c 1 s 1; 2006 c 307 s 2.]
Notes:
Captions not law—Conflict with federal requirements—2006 c 307: See notes following RCW 70.14.080.

catchline: Health technology clinical committee.


title: RCW 70.14.100

text:
(1) The administrator, in consultation with participating agencies and the committee, shall select the health technologies to be reviewed by the committee under RCW 70.14.110. Up to six may be selected for review in the first year after June 7, 2006, and up to eight may be selected in the second year after June 7, 2006. In making the selection, priority shall be given to any technology:
(a) For which patient access is established or recommended for a patient population under the federal medicare program, including local coverage determinations or national coverage determinations, or in nationally recognized expert treatment guidelines, including guidelines developed by specialty physician organizations or patient advocacy organizations; and
(b) For which:
(i) There are concerns about its safety, efficacy, or cost-effectiveness, especially relative to existing alternatives, or significant variations in its use;
(ii) Actual or expected state expenditures are high, due to demand for the technology, its cost, or both; and
(iii) There is adequate evidence available to conduct the complete review.
(2) A health technology for which the committee has made a determination under RCW 70.14.110 shall be considered for rereview at least once every eighteen months, beginning the date the determination is made. The administrator, in consultation with participating agencies and the committee, shall select the technology for rereview if he or she decides that evidence has since become available that could change a previous determination. Upon rereview, consideration shall be given to evidence made available since the committee's previous determination evaluated in combination and within the context of the clinical evidence the committee considered previously.
(3) Pursuant to a petition submitted by an interested party, the health technology clinical committee may select health technologies for review that have not otherwise been selected by the administrator under subsection (1) or (2) of this section.
(4) Upon the selection of a health technology for review, the administrator shall contract for a systematic evidence-based assessment of the technology's safety, efficacy, and cost-effectiveness. The contract shall:
(a) Be with an evidence-based practice center designated as such by the federal agency for health care research and quality, or other appropriate entity;
(b) Require the assessment be initiated no sooner than thirty days after notice of the selection of the health technology for review is posted on the internet under RCW 70.14.130;
(c) Require, in addition to other information considered as part of the assessment, consideration of: (i) Safety, health outcome, and cost data submitted by a participating agency; and (ii) evidence submitted by any interested party; and
(d) Require the assessment to: (i) Give the greatest weight to the evidence determined, based on objective indicators, to be the most valid and reliable, considering the nature and source of the evidence, the empirical characteristic of the studies or trials upon which the evidence is based, and the consistency of the outcome with comparable studies; and (ii) take into account any unique impacts of the technology on specific populations based upon factors such as sex, age, ethnicity, race, or disability.
(5) In the case of life-threatening or rare diseases, the committee shall:
(a) Evaluate all applicable clinical trials regarding the technology published in the peer-reviewed clinical literature including, but not limited to, randomized controlled trials; and
(b) If applicable, take into account information submitted by clinical experts indicating that performing a randomized controlled trial or other specific trial design would be unethical, impractical, or impossible with respect to the given technology within a specific patient population.
[ 2026 c 70 s 1; 2006 c 307 s 3.]
Notes:
Captions not law—Conflict with federal requirements—2006 c 307: See notes following RCW 70.14.080.

catchline: Health technology selection and assessment.


title: RCW 70.14.110

text:
(1) The committee shall determine, for each health technology selected for review under RCW 70.14.100: (a) The conditions, if any, under which the health technology will be included as a covered benefit in health care programs of participating agencies; and (b) if covered, the criteria which the participating agency administering the program must use to decide whether the technology is medically necessary, or proper and necessary treatment.
(2) In making a determination under subsection (1) of this section, the committee:
(a) Shall consider, in an open and transparent process, evidence regarding the safety, efficacy, and cost-effectiveness of the technology as set forth in the systematic assessment conducted under RCW 70.14.100(4);
(b) Shall provide an opportunity for public comment; and
(c) May establish ad hoc temporary advisory groups if specialized expertise is needed to review a particular health technology or group of health technologies, or to seek input from enrollees or clients of state purchased health care programs. Advisory group members are immune from civil liability for any official act performed in good faith as a member of the group. As a condition of appointment, each person shall agree to the terms and conditions imposed by the administrator regarding conflicts of interest.
(3) Determinations of the committee under subsection (1) of this section shall be consistent with decisions made under the federal medicare program and in expert treatment guidelines, including those from specialty physician organizations and patient advocacy organizations, unless the committee concludes, based on its review of the systematic assessment, that substantial evidence regarding the safety, efficacy, and cost-effectiveness of the technology supports a contrary determination.
(4) The health care authority shall publish receipt of submissions for new technology assessment and rereview assessments on the authority's website within 30 days of receipt. The committee shall review, complete its determination, and communicate its decision for a new technology assessment or rereview assessment to the submitting party within 180 days of the initial date of submission. In the case of an adverse determination, the committee shall provide the submitting party with a written substantive explanation of the rationale for the adverse determination within 180 days of the initial date of submission.
[ 2026 c 70 s 2; 2006 c 307 s 4.]
Notes:
Captions not law—Conflict with federal requirements—2006 c 307: See notes following RCW 70.14.080.

catchline: Health technology clinical committee determinations.


title: RCW 70.14.120

text:
(1) A participating agency shall comply with a determination of the committee under RCW 70.14.110 unless:
(a) The determination conflicts with an applicable federal statute or regulation, or applicable state statute; or
(b) Reimbursement is provided under an agency policy regarding experimental or investigational treatment, services under a clinical investigation approved by an institutional review board, or health technologies that have a humanitarian device exemption from the federal food and drug administration.
(2) For a health technology not selected for review under RCW 70.14.100, a participating agency may use its existing statutory and administrative authority to make coverage and reimbursement determinations. Such determinations shall be shared among agencies, with a goal of maximizing each agency's understanding of the basis for the other's decisions and providing opportunities for agency collaboration.
(3) A health technology not included as a covered benefit under a state purchased health care program pursuant to a determination of the health technology clinical committee under RCW 70.14.110, or for which a condition of coverage established by the committee is not met, shall not be subject to a determination in the case of an individual patient as to whether it is medically necessary, or proper and necessary treatment.
(4) Nothing in chapter 307, Laws of 2006 diminishes an individual's right under existing law to appeal an action or decision of a participating agency regarding a state purchased health care program. Appeals shall be governed by state and federal law applicable to participating agency decisions.
[ 2006 c 307 s 5.]
Notes:
Captions not law—Conflict with federal requirements—2006 c 307: See notes following RCW 70.14.080.

catchline: Agency compliance with committee determination—Coverage and reimbursement determinations for nonreviewed health technologies—Appeals.


title: RCW 70.14.130

text:
(1) The administrator shall develop a centralized, internet-based communication tool that provides, at a minimum:
(a) Notification when a health technology is selected for review under RCW 70.14.100, indicating when the review will be initiated and how an interested party may submit evidence, or provide public comment, for consideration during the review;
(b) Notification of any determination made by the committee under RCW 70.14.110(1), its effective date, and an explanation of the basis for the determination; and
(c) Access to the systematic assessment completed under RCW 70.14.100(4), and reports completed under subsection (2) of this section.
(2) Participating agencies shall develop methods to report on the implementation of this section and RCW 70.14.080 through 70.14.120 with respect to health care outcomes, frequency of exceptions, cost outcomes, and other matters deemed appropriate by the administrator.
[ 2006 c 307 s 7.]
Notes:
Captions not law—Conflict with federal requirements—2006 c 307: See notes following RCW 70.14.080.

catchline: Health technology clinical committee—Public notice.


title: RCW 70.14.140

text:
RCW 70.14.080 through 70.14.130 and 41.05.013 do not apply to state purchased health care services that are purchased from or through health carriers as defined in RCW 48.43.005.
[ 2006 c 307 s 9.]
Notes:
Captions not law—Conflict with federal requirements—2006 c 307: See notes following RCW 70.14.080.

catchline: Applicability to health care services purchased from health carriers.


title: RCW 70.14.150

text:
(1) The department of social and health services and the health care authority shall enter into data-sharing agreements with the appropriate agencies in the states of Oregon and Idaho to assure the valid Washington state residence of applicants for health care services in Washington. Such agreements shall include appropriate safeguards related to the confidentiality of the shared information.
(2) The department of social and health services and the health care authority must jointly report on the status of the data-sharing agreements to the appropriate committees of the legislature no later than November 30, 2007.
[ 2007 c 60 s 1.]

catchline: Data-sharing agreements—Report.


title: RCW 70.14.155

text:
The following state agencies are directed to cooperate with the insurance commissioner and, within funds appropriated specifically for this purpose, adopt the processes, guidelines, and standards to streamline health care administration pursuant to chapter 48.165 RCW: The department of social and health services, the health care authority, and, to the extent permissible under Title 51 RCW, the department of labor and industries.
[ 2009 c 298 s 3.]

catchline: Streamlined health care administration—Agency participation.


title: RCW 70.14.165

text:
(1) In order to implement strategies recommended by the total cost of insulin work group established in *RCW 70.14.160, the health care authority may:
(a) Become or designate a state agency that shall become a drug wholesaler licensed under RCW 18.64.046;
(b) Become or designate a state agency that shall become a pharmacy benefit manager registered under **RCW 19.340.030; or
(c) Purchase prescription drugs on behalf of the state directly from other states or in coordination with other states.
(2) In addition to the authorities granted in subsection (1) of this section, if the total cost of insulin work group established in *RCW 70.14.160 determines that all or a portion of the strategies may be implemented without statutory changes, the health care authority and the prescription drug purchasing consortium described in RCW 70.14.060 shall begin implementation without further legislative direction.
[ 2020 c 346 s 3.]
Notes:
Reviser's note: *(1) RCW 70.14.160 expired December 1, 2024.
**(2) RCW 19.340.030 was repealed by 2020 c 240 s 19, effective January 1, 2022.
Intent—2020 c 346: "(1) The legislature recognizes that:
(a) Insulin is a lifesaving drug and is critical to the management of diabetes as it helps patients control their blood sugar levels;
(b) According to Yale researchers, one-quarter of patients with Type 1 or 2 diabetes have reported using less insulin than prescribed due to the high cost of insulin;
(c) The first insulin patent in the United States was awarded in 1923 and the first synthetic insulin arrived on the market in 1978; and
(d) The price and utilization of insulin has steadily increased, making it one of the costliest prescription drugs in the state. According to the Washington all-payer claims database, the allowable costs before rebates for health carriers in the state have increased eighty-seven percent since 2014, and per member out-of-pocket costs have increased an average of eighteen percent over the same time period.
(2) Therefore, the legislature intends to review, consider, and pursue several strategies with the goal of reducing the cost of insulin in Washington." [ 2020 c 346 s 1.]

catchline: Total cost of insulin work group—Authority implementation.


title: RCW 70.14.170

text:
(1) As soon as reasonably practicable, the health care authority shall establish a bulk purchasing and distribution program for opioid overdose reversal medication. The health care authority is authorized to:
(a) Purchase or enter into contracts as necessary to purchase and distribute opioid overdose reversal medication, collect an assessment, and administer the program;
(b) Bill, charge, and receive payment from health carriers, managed health care systems, and[,] to the extent that any self-insured health plans choose to participate, self-insured health plans; and
(c) Perform any other functions as may be necessary or proper to establish and administer the program.
(2) To establish and administer the opioid overdose reversal medication bulk purchasing and distribution program, the health care authority may adopt rules providing the following:
(a) A dosage-based assessment and formula to determine the assessment for each opioid overdose reversal medication provided to an individual through the program that includes administrative costs of the program;
(b) The mechanism, requirements, and timeline for health carriers, managed health care systems, and[,] self-insured plans to pay the dosage-based assessments;
(c) The types of health care facilities, health care providers, or other entities that are required to or are permitted to participate in the program;
(d) The billing procedures for any participating health care facility, health care provider, or other entity participating in the program; and
(e) Any other rules necessary to establish, implement, or administer the program.
(3) The following agencies, health plans, and insurers must participate in the bulk purchasing and distribution program:
(a) Health carriers;
(b) Managed health care systems administering a medicaid managed care plan; and
(c) The health care authority for purposes of:
(i) Health plans offered to public employees and their dependents;
(ii) Individuals enrolled in medical assistance under chapter 74.09 RCW that are not enrolled in a managed care plan; and
(iii) Uninsured individuals.
(4) The health care authority may establish an interest charge for late payment of any assessment under this section. The health care authority shall assess a civil penalty against any health carrier, managed health care system, or self-insured health plan that fails to pay an assessment within three months of billing. The civil penalty under this subsection is 150 percent of such assessment. The health care authority is authorized to file liens and seek judgment to recover amounts in arrears and civil penalties, and recover reasonable collection costs, including reasonable attorneys' fees and costs. Civil penalties so levied must be deposited in the opioid overdose reversal medication account created in RCW 70.14.175.
(5) The health care authority in coordination with the office of the insurance commissioner may recommend to the appropriate committees of the legislature the termination of the bulk purchasing and distribution mechanism for opioid overdose reversal medication if it finds that the original intent of its formation and operation has not been achieved.
(6) By January 1, 2022, the health care authority shall submit a report to the legislature on the progress towards establishing the bulk purchasing and distribution program. The health care authority shall submit an updated report on the progress towards establishing the bulk purchasing and distribution program by January 1, 2023.
(7) By July 1, 2025, the health care authority shall submit recommendations to the appropriate committees of the legislature on whether and how the opioid overdose reversal medication bulk purchasing and distribution program may be expanded to include other prescription drugs.
(8) "Opioid overdose reversal medication" has the same meaning as provided in RCW 69.41.095.
[ 2021 c 273 s 7.]
Notes:
Rules—2021 c 273 ss 7-12: "(1) The health care authority may adopt rules necessary to implement sections 7 through 12 of this act.
(2) The insurance commissioner may adopt rules necessary to implement sections 7 and 11 of this act." [ 2021 c 273 s 13.]
Findings—Intent—2021 c 273: See note following RCW 70.41.480.

catchline: Opioid overdose reversal medications—Bulk purchasing and distribution—Rules—Report—Recommendation to legislature.


title: RCW 70.14.175

text:
The opioid overdose reversal medication account is created in the custody of the state treasurer. All receipts from collections under RCW 70.14.170 must be deposited into the account. Expenditures from the account may be used only for the operation and administration of the opioid overdose reversal medication bulk purchasing and distribution program identified in RCW 70.14.170. Only the director of the health care authority or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2021 c 273 s 8.]
Notes:
Rules—2021 c 273 ss 7-12: See note following RCW 70.14.170.
Findings—Intent—2021 c 273: See note following RCW 70.41.480.

catchline: Opioid overdose reversal medication account.


title: RCW 70.15.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners and that:
(a) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the department; or
(b) Regularly plans and conducts its activities in coordination with an agency of the federal government or the department.
(3) "Emergency" means an event or condition that is an emergency, disaster, or public health emergency under chapter 38.52 RCW.
(4) "Emergency declaration" means a proclamation of a state of emergency issued by the governor under RCW 43.06.010.
(5) "Emergency management assistance compact" means the interstate compact approved by congress by P.L. 104-321, 110 Stat. 3877, RCW 38.10.010.
(6) "Entity" means a person other than an individual.
(7) "Health facility" means an entity licensed under the laws of this or another state to provide health or veterinary services.
(8) "Health practitioner" means an individual licensed under the laws of this or another state to provide health or veterinary services.
(9) "Health services" means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
(a) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:
(i) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and
(ii) Counseling, assessment, procedures, or other services;
(b) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
(c) Funeral, cremation, alkaline hydrolysis, natural organic reduction as defined in RCW 68.04.310, cemetery, or other mortuary services.
(10) "Host entity" means an entity operating in this state which uses volunteer health practitioners to respond to an emergency.
(11) "License" means authorization by a state to engage in health or veterinary services that are unlawful without the authorization. The term includes authorization under the laws of this state to an individual to provide health or veterinary services based upon a national certification issued by a public or private entity.
(12) "Person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(13) "Scope of practice" means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(15) "Veterinary services" means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including:
(a) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy;
(b) Use of a procedure for reproductive management; and
(c) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans.
(16) "Volunteer health practitioner" means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. The term does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect.
[ 2019 c 432 s 29; 2018 c 184 s 2.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Definitions.


title: RCW 70.15.020

text:
This chapter applies to volunteer health practitioners registered with a registration system that complies with RCW 70.15.040 and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect.
[ 2018 c 184 s 3.]

catchline: Applicability to volunteer health practitioners.


title: RCW 70.15.030

text:
(1) While an emergency declaration is in effect, the department may limit, restrict, or otherwise regulate:
(a) The duration of practice by volunteer health practitioners;
(b) The geographical areas in which volunteer health practitioners may practice;
(c) The types of volunteer health practitioners who may practice; and
(d) Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
(2) An order issued pursuant to subsection (1) of this section may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the administrative procedure act, chapter 34.05 RCW.
(3) A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:
(a) Consult and coordinate its activities with the department to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
(b) Comply with any laws other than this chapter relating to the management of emergency health or veterinary services.
[ 2018 c 184 s 4.]

catchline: Regulation of services during emergency by department—Orders—Host entity duties.


title: RCW 70.15.040

text:
(1) To qualify as a volunteer health practitioner registration system, a system must:
(a) Accept applications for the registration of volunteer health practitioners before or during an emergency;
(b) Include information about the licensure and good standing of health practitioners which is accessible by authorized persons;
(c) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and
(d) Meet one of the following conditions:
(i) Be an emergency system for advance registration of volunteer health care practitioners established by a state and funded through the United States department of health and human services under section 319I of the public health services act, 42 U.S.C. Sec. 247d-7b, as it existed on June 7, 2018, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section;
(ii) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to section 2801 of the public health services act, 42 U.S.C. Sec. 300hh, as it existed on June 7, 2018, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section;
(iii) Be operated by a:
(A) Disaster relief organization;
(B) Licensing board;
(C) National or regional association of licensing boards or health practitioners;
(D) Health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care, teaching hospital, or acute care facility; or
(E) Governmental entity; or
(iv) Be designated by the department as a registration system for purposes of this chapter.
(2) While an emergency declaration is in effect, the department, a person authorized to act on behalf of the department, or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (1) of this section. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
(3) Upon request of a person in this state authorized under subsection (2) of this section, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
(4) A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.
[ 2018 c 184 s 5.]

catchline: Volunteer health practitioner registration systems—Requirements.


title: RCW 70.15.050

text:
(1) While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system that complies with RCW 70.15.040 and licensed and in good standing in the state upon which the practitioner's registration is based, may practice in this state to the extent authorized by this chapter as if the practitioner were licensed in this state.
(2) A volunteer health practitioner qualified under subsection (1) of this section is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
[ 2018 c 184 s 6.]

catchline: Recognition of volunteer health practitioners licensed in other states.


title: RCW 70.15.060

text:
(1) As used in this section:
(a) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility.
(b) "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill.
(2) This chapter does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
[ 2018 c 184 s 7.]

catchline: No effect on health facility credentialing and privileging standards.


title: RCW 70.15.070

text:
(1) Subject to subsections (2) and (3) of this section, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.
(2) Except as otherwise provided in subsection (3) of this section, this chapter does not authorize a volunteer health practitioner to provide services that are outside the practitioner's scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services.
(3) The department may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to this chapter. An order under this subsection may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the administrative procedure act, chapter 34.05 RCW.
(4) A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to this chapter.
(5) A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if:
(a) The practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or
(b) From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.
(6) In addition to the authority granted by law of this state other than this chapter to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state:
(a) May impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency;
(b) May impose administrative sanctions upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and
(c) Shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.
(7) In determining whether to impose administrative sanctions under subsection (6) of this section, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner's scope of practice, education, training, experience, and specialized skill.
[ 2018 c 184 s 8.]

catchline: Provision of volunteer health or veterinary services—Scope of practice—Modifications or restrictions—Unauthorized practice—Administrative sanctions.


title: RCW 70.15.080

text:
(1) This chapter does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this chapter. Except as otherwise provided in subsection (2) of this section, this chapter does not affect requirements for the use of health practitioners pursuant to the emergency management assistance compact or the Pacific Northwest emergency management arrangement approved by congress by P.L. 105-381, 112 Stat. 3402.
(2) The department, pursuant to the emergency management assistance compact or the Pacific Northwest emergency management arrangement approved by congress by P.L. 105-381, 112 Stat. 3402, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state.
[ 2018 c 184 s 9.]

catchline: Relation to other laws—Emergency management assistance compact—Pacific Northwest emergency management arrangement.


title: RCW 70.15.090

text:
The department may promulgate rules to implement this chapter. In doing so, the department shall consult with and consider the recommendations of the state military department as the agency established to carry out the state's program for emergency management, and coordinate the implementation of the emergency management assistance compact with the state military department to ensure conformity with the state's program for emergency management and the coordination of all response activities through the state's emergency operations center during a state of emergency. The department shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this chapter and make the emergency response systems in the various states reasonably compatible.
[ 2018 c 184 s 10.]

catchline: Rules—Consultation with state military department and other agencies.


title: RCW 70.15.100

text:
(1) A volunteer health practitioner who dies or is injured as the result of providing health or veterinary services pursuant to this chapter is deemed to be an employee of this state for the purpose of receiving benefits for the death or injury under the workers' compensation law of this state, Title 51 RCW, if:
(a) The practitioner is not otherwise eligible for such benefits for the injury or death under the law of this or another state; and
(b) The practitioner, or in the case of death the practitioner's personal representative, elects coverage under the workers' compensation law of this state, Title 51 RCW, by making a claim under that law.
(2) The department in consultation with the department of labor and industries shall adopt rules, enter into agreements with other states, or take other measures to facilitate the receipt of benefits for injury or death under the workers' compensation law of this state, Title 51 RCW, by volunteer health practitioners who reside in other states, and may waive or modify requirements for filing, processing, and paying claims that unreasonably burden the practitioners. To promote uniformity of application of this chapter with other states that enact similar legislation, the department shall consult with and consider the practices for filing, processing, and paying claims by agencies with similar authority in other states.
(3) For the purposes of this section, "injury" means a physical or mental injury or disease for which an employee of this state who is injured or contracts the disease in the course of the employee's employment would be entitled to benefits under the workers' compensation law of this state, Title 51 RCW.
[ 2018 c 184 s 11.]

catchline: Volunteer health practitioners—Workers' compensation coverage—Rules.


title: RCW 70.15.110

text:
(1) No act or omission, except those acts or omissions constituting gross negligence or willful or wanton misconduct, by a volunteer health practitioner registered and providing services within the provisions of this chapter shall impose any liability for civil damages resulting from such an act or omission upon:
(a) The volunteer health practitioner;
(b) The supervisor or supervisors of the volunteer health practitioner;
(c) Any facility or their officers or employees;
(d) The employer of the volunteer health practitioner;
(e) The owner of the property or vehicle where the act or omission may have occurred;
(f) Any organization that registered the volunteer health practitioner under the provisions of this chapter;
(g) The state or any state or local governmental entity; or
(h) Any professional or trade association of the volunteer health practitioner.
(2) A person that, pursuant to this chapter, operates, uses, or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use, or reliance unless the act or omission constitutes gross negligence, an intentional tort, or willful or wanton misconduct.
[ 2019 c 64 s 23; 2018 c 184 s 12.]
Notes:
Explanatory statement—2019 c 64: See note following RCW 1.20.110.

catchline: Liability—Volunteer health practitioners—Operation, use, reliance upon volunteer health practitioner registration system.


title: RCW 70.15.900

text:
This chapter may be known and cited as the uniform emergency volunteer health practitioners act.
[ 2018 c 184 s 1.]

catchline: Short title.


title: RCW 70.15.901

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2018 c 184 s 13.]

catchline: Uniformity of application and construction.


title: RCW 70.155.005

text:
(1) The legislature finds that chapter 15, Laws of 2019 furthers the public health, safety, and welfare by reducing youth access to addictive and harmful products.
(2) While present state law prohibits the sale and distribution of tobacco and vapor products to youth under the age of eighteen, youth obtain these products with ease.
(3) The legislature recognizes that many people who purchase cigarettes for minors are between the ages of eighteen to twenty. By decreasing the number of eligible buyers in high school, raising the minimum legal age to sell tobacco and vapor products will decrease the access of students to tobacco products. According to the 2014 healthy youth survey, forty-one percent of tenth graders say it is "sort of easy" to "very easy" to get cigarettes. Nationally, among youth who smoke, more than twice as many get their cigarettes from social sources than from a store or vending machine.
(4) The legislature recognizes that ninety-five percent of smokers start by the age of twenty-one.
(5) The legislature recognizes that jurisdictions across the country are increasing the age of sale for tobacco products to twenty-one. As of October 2018, six states (California, Hawaii, Maine, Massachusetts, New Jersey, and Oregon), the District of Columbia, the territory of Guam, and more than three hundred fifty cities and counties in twenty-one states have raised the minimum legal sales age to twenty-one. Approximately thirty percent of the population of the United States is covered by such a policy.
(6) The legislature recognizes the scientific report issued by the national institute of medicine, one of the most prestigious scientific authorities in the United States, which predicted that increasing the age of sale for tobacco products in the United States to twenty-one will significantly reduce the number of adolescents and young adults who start smoking, reduce deaths from smoking, and immediately improve the health of adolescents, young adults, young mothers, and their children.
(7) The legislature recognizes the national institute of medicine report predicted increasing the tobacco sale age will make the greatest difference among those ages fifteen to seventeen, who will no longer be able to pass for legal age and will have a harder time getting tobacco products from older classmates and friends. The national institute of medicine report also predicted raising the minimum age for the sale of tobacco products in the United States to twenty-one will, over time, reduce the smoking rate by about twelve percent and smoking-related deaths by ten percent.
(8) The legislature recognizes scientific study of the brain is increasingly showing that the brain continues to be highly vulnerable to addictive substances until age twenty-five. Nicotine adversely affects the development of the cerebral cortex and hippocampus in adolescents.
(9) The legislature recognizes that a strategy of increasing the minimum legal age for alcohol was highly successful in reducing adverse effects of alcohol consumption. A national drinking age of twenty-one resulted in reduced alcohol consumption among youth, decreased alcohol dependence, and has led to significant reductions in drunk driving fatalities.
(10) The legislature recognizes that if the age of sale is raised to twenty-one, eighteen to twenty year olds will likely substitute other in-store purchases for cigarettes. The legislature recognizes that when Needham, Massachusetts raised the smoking age to twenty-one in 2005, no convenience stores went out of business.
(11) The legislature recognizes that reducing the youth smoking rate will save lives and reduce health care costs. Every year, two billion eight hundred ten million dollars in health care costs can be directly attributed to tobacco use in Washington. Smoking-caused government expenditures cost every Washington household eight hundred twenty-one dollars per year.
(12) Federal law requires states to enforce laws prohibiting sale and distribution of tobacco products to minors in a manner that can reasonably be expected to reduce the extent to which the products are available to minors. It is imperative to effectively reduce the sale, distribution, and availability of tobacco products to minors.
[ 2019 c 15 s 2; 1993 c 507 s 1.]
Notes:
Effective date—2019 c 15: See note following RCW 26.28.080.
Minors and tobacco: RCW 26.28.080.
Raising the minimum legal age of sale in certain compacts, consultations with federally recognized Indian tribes: RCW 43.06.468.
Taxation: Chapters 82.24 and 82.26 RCW.
Tobacco on school grounds: RCW 28A.210.310.

catchline: Legislative findings.


title: RCW 70.155.010

text:
The definitions set forth in RCW 82.24.010 apply to this chapter. In addition, for the purposes of this chapter, unless otherwise required by the context:
(1) "Board" means the Washington state liquor and cannabis board.
(2) "Internet" means any computer network, telephonic network, or other electronic network.
(3) "Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes.
(4) "Sampling" means the distribution of samples to members of the public.
(5) "Tobacco product" means a product that contains tobacco and is intended for human use, including any product defined in RCW 82.24.010(2) or 82.26.010(21), except that for the purposes of RCW 70.155.140 only, "tobacco product" does not include:
(a) Cigars defined in RCW 82.26.010 as to which 1,000 units weigh more than three pounds; or
(b) Alternative nicotine products. For the purposes of this subsection (5), "alternative nicotine product" means any noncombustible product containing nicotine from any source that is intended for human consumption, whether chewed, absorbed, dissolved, inhaled, or ingested by any other means.
(6) "Vapor product" has the same meaning as defined in RCW 70.345.010.
[ 2026 c 250 s 25; 2019 c 15 s 3; 2009 c 278 s 1; 2006 c 14 s 2; 2003 c 113 s 1; 1993 c 507 s 2.]
Notes:
Effective date—2019 c 15: See note following RCW 26.28.080.
Finding—Intent—2006 c 14: See note following RCW 70.155.050.
Raising the minimum legal age of sale in certain compacts, consultations with federally recognized Indian tribes: RCW 43.06.468.