Current through Register Vol. 24-18, September 15, 2024
(1) The licensee or license applicant shall
require a disclosure statement as defined in
RCW
43.43.834 for each prospective employee,
volunteer, contractor, student, and any other individual associated with the
hospital having direct contact with vulnerable adults as defined under
RCW
43.43.830.
(2) The license applicant having direct
contact with vulnerable adults shall obtain a Washington state patrol criminal
history background disclosure statement and submit it to the department with
the initial application for licensure.
(3) The licensee or license applicant shall:
(a) Require a Washington state patrol
criminal history background inquiry, as specified in
RCW
43.43.842(1), from the
Washington state patrol or the department of social and health services for
each:
(i) Staff person, student, and any
other individual currently associated with the hospital having direct contact
with vulnerable adults, when engaged on or since July 22, 1989; and
(ii) Prospective staff person, student, and
individual applying for association with the hospital prior to allowing the
individual direct contact with vulnerable adults, except as allowed by
subsection (4) of this section;
(b) Inform each individual identified in (a)
of this subsection of the requirement for a background inquiry;
(c) Require the individual to sign an
acknowledgement statement that a background inquiry will be made;
(d) Verbally inform the individual of the
background inquiry results within seventy-two hours of receipt; and
(e) Offer to provide a copy of the background
inquiry results to the individual within ten days of receipt.
(4) The licensee may conditionally
employ, contract with, accept as a volunteer or associate, an individual having
direct contact with vulnerable adults pending a background inquiry, provided
the licensee:
(a) Immediately obtains a
disclosure statement from the individual; and
(b) Requests a background inquiry within
three business days of the conditional acceptance of the individual.
(5) Except as provided in
RCW
43.43.842 and in subsection (4) of this
section, a licensee shall not hire or retain, directly or by contract, any
individual having direct contact with vulnerable adults, if that individual has
been:
(a) Convicted of a crime against
individuals as defined in
RCW
43.43.830;
(b) Convicted of a crime relating to
financial exploitation as defined in
RCW
43.43.830;
(c) Found in any disciplinary board final
decision to have abused a vulnerable adult under
RCW
43.43.830; or
(d) The subject in a protective proceeding
under chapter 74.34 RCW.
(6) The licensee shall establish and
implement procedures ensuring that all disclosure statements and background
inquiry responses are:
(a) Maintained in a
confidential and secure manner;
(b)
Used for employment purposes only;
(c) Not disclosed to any individual except:
(i) The individual about whom the licensee
made the disclosure or background inquiry;
(ii) Authorized state and federal employees;
and
(iii) The Washington state
patrol auditor; and
(d)
Retained and available for department review:
(i) During the individual's employment or
association with a facility; and
(ii) At least two years following termination
of employment or association with a facility.
(7) The department shall:
(a) Review records required under this
section;
(b) Investigate
allegations of noncompliance with
RCW
43.43.830 through
43.43.842, when necessary, in
consultation with law enforcement personnel; and
(c) Use information collected under this
section solely for the purpose of determining eligibility for licensure or
relicensure as required under
RCW
43.43.842.
(8) The department may require licensees to
complete additional disclosure statements or background inquiries for an
individual associated with the licensed hospital having direct contact with
vulnerable adults if the department has reason to believe that offenses
specified under
RCW
43.43.830 have occurred since completion of
the previous disclosure statement or background inquiry.
Statutory Authority: Chapter 71.12 RCW and RCW 43.60.040.
95-22-013, § 246-324-030, filed 10/20/95, effective
11/20/95.
