(1)
Inspections must be outcome based and responsive to resident
complaints and based on a clear set of health, quality of care,
and safety standards that are easily understandable and have been
made available to facilities, residents, and other interested
parties. This includes that when conducting licensing
inspections, the department shall interview an appropriate
percentage of residents, family members, and advocates in
addition to interviewing appropriate staff.
(2) Prompt and specific enforcement remedies shall also be
implemented without delay, consistent with RCW 18.20.190, for
facilities found to have delivered care or failed to deliver care
resulting in problems that are serious, recurring, or
uncorrected, or that create a hazard that is causing or likely to
cause death or serious harm to one or more residents. These
enforcement remedies may also include, when appropriate,
reasonable conditions on a license. In the selection of
remedies, the safety, health, and well-being of residents shall
be of paramount importance.
(3) To the extent funding is available, the licensee,
administrator, and their staff should be screened through
background checks in a uniform and timely manner to ensure that
they do not have a criminal history that would disqualify them
from working with vulnerable adults. Employees may be
provisionally hired pending the results of the background check
if they have been given three positive references.
(4) No licensee, administrator, or staff, or prospective
licensee, administrator, or staff, with a stipulated finding of
fact, conclusion of law, and agreed order, or finding of fact,
conclusion of law, or final order issued by a disciplining
authority, a court of law, or entered into the state registry
finding him or her guilty of abuse, neglect, exploitation, or
abandonment of a minor or a vulnerable adult as defined in
chapter 74.34 RCW shall be employed in the care of and have
unsupervised access to vulnerable adults.
[2004 c 140 § 4; 2003 c 231 § 5; 2001 c 85 § 2.]
NOTES:
Findings -- Effective date -- 2003 c 231: See notes following RCW 18.20.020.
Effective date -- 2001 c 85: See note following RCW 18.20.115.