WAC 246-329-045
Applicant or licensee rights and
responsibilities. This section describes the applicant or
licensee's responsibilities in the fulfillment of the
requirements of this chapter.
(1) An applicant or licensee must:
(a) Comply with chapter 18.46 RCW and this chapter;
(b) Establish, implement and periodically review all
policies and procedures which address the contents of this
chapter;
(c) Display the license issued by the department in an
area accessible to the public;
(d) Notify the department in writing:
(i) Within thirty days of changes of an administrator,
owner or the director of clinical services;
(ii) Thirty or more days before ceasing operations;
(e) Cooperate with the department during surveys which
may include reviewing licensee and client records and
conducting client interviews with client consent;
(f) Respond to a statement of deficiencies by submitting
to the department:
(i) A written plan of correction, within ten working days
of receipt. The applicant or licensee must complete all
corrections within sixty days after the survey exit date,
unless otherwise specified by the department; and
(ii) A progress report describing corrections made and
ongoing monitoring actions, within ninety days after the
survey exit date, unless the department specifies another
date.
(2) An applicant or licensee may:
(a) Discuss findings observed during a survey with the
surveyor; and
(b) Discuss the statement of deficiencies with the
department's manager.
(3) As required by chapter 70.56 RCW, the licensed
childbirth center shall notify the department if any of the
following events have been confirmed to have occurred in the
birth center:
(a) An infant abduction or discharge to the wrong family;
(b) Sexual assault or rape of a patient or staff member
while in the birth center;
(c) Maternal death or serious disability with labor or
delivery in a low-risk pregnancy while being cared for in a
health care facility;
(d) Patient death or serious disability associated with:
(i) The use of contaminated drugs, devices, or biologics
provided by the health care facility;
(ii) The use or function of a device in which the device
is used or functions other than as intended;
(iii) Intravascular air embolism that occurs while being
cared for in a health care facility;
(iv) A medication error (errors involving wrong drug,
wrong dose, wrong patient, wrong time, wrong rate, wrong
preparation or wrong route of administration);
(v) Hypoglycemia, the onset of which occurs while the
patient is being cared for in a health care facility;
(vi) Failure to identify and treat hyperbilirubinimia in
neonates;
(vii) An electric shock while being cared for in a health
care facility; or
(viii) A burn incurred from any source while being cared
for in a health care facility.
(e) Any incident in which a line designated for oxygen or
other gas to be delivered to a patient contains the wrong gas
or is contaminated by toxic substances;
(f) Patient suicide, or attempted suicide resulting in
serious disability, that occurs while the patient is receiving
care in a health care facility;
(g) Death or significant injury of a patient or staff
member resulting from physical assault that occurs within or
on the grounds of a health care facility;
(h) Any instance of care ordered by someone impersonating
a physician, nurse, pharmacist or other licensed health care
provider;
(i) Patient death associated with a fall while being
cared for in a health care facility;
(j) Patient death or serious disability associated with
the use of restraints or bedrails while being cared for in a
health care facility; and
(k) Sexual assault on a patient within or on the grounds
of a health care facility.
(4) The licensed childbirth center must also notify the
department if either of the following events have been
confirmed to have occurred in the birth center:
(a) An unanticipated death, stillbirth or major loss of
function; or
(b) Any catastrophic incident, such as fire or flood, or
any incident which may cause interruption or cessation of the
delivery of services, or another interruption of services
which would affect the health and safety of the client.
(5) The report required in subsection (3) and (4) of this
section must be submitted in writing to the department as
required by chapter 70.56 RCW. The birth center is encouraged
to confirm these events through a review or assessment by the
birth center's quality improvement or risk management process.
Each notice to the department must include:
(a) The licensee's name;
(b) The name of the affected client, if applicable;
(c) The date the event occurred;
(d) A description of the event and a clinical summary if
the event is client-related;
(e) Root cause analysis and corrective action plans as
required by chapter 70.56 RCW.
(6) The report note in subsection (3) of this section:
(a) Will allow the department to be informed of events
which in the interest of the public will be reviewed and
reported as required by chapter 70.56 RCW;
(b) Will be confidentially maintained by the department
in accordance with the protections of the Public Disclosure
Act, chapter 42.17 RCW, and other applicable laws and
reporting requirements; and
(c) Does not relieve a birth center from complying with
other applicable reporting or notification requirements of
this chapter or those requirements relating to law enforcement
or professional regulatory agencies.
(7) An applicant or licensee has the right to respond to
and contest a statement of charges according to the following
provisions:
(a) RCW 43.70.115, department of health authority for
license approval, denial, restriction, conditioning,
modification, suspension and revocation;
(b) Chapter 34.05 RCW, the Administrative Procedure Act;
and
(c) Chapter 246-10 WAC, Adjudicative proceedings.
[Statutory Authority: Chapter 18.46 RCW and RCW 43.70.040. 07-07-075, § 246-329-045, filed 3/16/07, effective 4/16/07.]