Current through Register Vol. 24-18, September 15, 2024
This section describes the department's responsibilities in
the fulfillment of the requirements of this chapter:
(1) The department may, in accordance with
chapter 18.46 RCW:
(a) Issue an initial
license for twelve months following submission of a completed application and
appropriate fee, and following a survey that documents the applicant meets all
the requirements of this chapter;
(b) Issue a renewal license for the
twelve-month period following submission of a completed application and
appropriate fee;
(c) Issue a
license for change of ownership to the new license for the remainder of the
current license period following submission of the required information and
appropriate fee, under WAC
246-329-990.
(2) The department may:
(a) Conduct surveys and investigations every
twenty-four months or as needed to determine compliance with chapter 18.46 RCW
and this chapter. Surveys and investigations may be announced or
unannounced;
(b) Investigate any
person suspected of:
(i) Advertising,
operating, managing, conducting, opening or maintaining a childbirth center
without a license unless exempt from licensure under chapter 18.46 RCW;
or
(ii) Survey a licensee at
anytime if the department has reason to believe the licensee is providing
unsafe, insufficient, inadequate or inappropriate care;
(c) Investigate allegations of noncompliance
with RCW
43.43.830 through
43.43.845, when necessary, in
consultation with law enforcement personnel;
(d) Require licensees to complete additional
disclosure statements and background inquiries for an individual associated
with the licensee or having direct contact with children under sixteen years of
age, people with developmental disabilities, or 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 and criminal background inquiry;
and
(e) Issue a statement of
deficiencies following a survey which identifies noncompliance with chapter
18.46 RCW and this chapter.
(3) The department may deny, suspend, or
revoke a license if the applicant or licensee fails or refuses to comply with
the requirements of chapter 18.46 RCW and/or these rules. The department's
notice of denial, suspension, modification, or revocation of a license shall be
consistent with
RCW
43.70.115. An applicant or license holder has
the right to an adjudicative proceeding to contest the decision.
(4) The department may prepare and serve upon
the licensee or applicant at the earliest practical time a statement of charges
following a survey which identifies noncompliance with chapter 18.46 RCW and
this chapter. The statement of charges must include a notice that the licensee
or applicant may request a hearing to contest the charges.
Statutory Authority: Chapter 18.46 RCW and RCW 43.70.040.
07-07-075, § 246-329-055, filed 3/16/07, effective
4/16/07.
