WAC 246-15-010   Definitions.  The words and phrases in this chapter have the following meanings unless the context clearly indicates otherwise.

     (1) "Consumer" means:

     (a) An individual receiving health care or services from a health care facility or health care professional;

     (b) A person pursuant to RCW 7.70.065 authorized to provide informed consent to health care on behalf of (a) of this subsection who is not competent to consent.

     (2) "Department" means the Washington state department of health.

     (3) "Employee" means an individual employed by a health care facility or health care professional at the time the:

     (a) Alleged improper quality of care occurred; or

     (b) Alleged improper quality of care is discovered.

     (4) "Good faith" means an honest and reasonable belief in the truth of the allegation.

     (5) "Health care" means any care, service, or procedure provided by a health care facility or a health care provider:

     (a) To diagnose, treat, or maintain a patient's physical or mental condition; or

     (b) That affects the structure or function of the human body.

     (6) "Health care facility" includes the following:

     (a) Adult residential rehabilitation centers regulated pursuant to chapter 71.12 RCW;

     (b) Alcoholism treatment facilities regulated pursuant to chapter 71.12 RCW;

     (c) Alcoholism hospitals regulated pursuant to chapter 71.12 RCW;

     (d) Ambulance and aid services regulated pursuant to chapter 18.73 RCW;

     (e) Boarding homes regulated pursuant to chapter 18.20 RCW;

     (f) Childbirth centers regulated pursuant to chapter 18.46 RCW;

     (g) Home care agencies regulated pursuant to chapter 70.127 RCW;

     (h) Home health agencies regulated pursuant to chapter 70.127 RCW;

     (i) Hospice agencies regulated pursuant to chapter 70.127 RCW;

     (j) Hospitals regulated pursuant to chapter 70.41 RCW;

     (k) Pharmacies regulated pursuant to chapter 18.64 RCW;

     (l) Private psychiatric hospitals regulated pursuant to chapter 71.12 RCW;

     (m) Residential treatment facilities for psychiatrically impaired children and youth regulated pursuant to chapter 71.12 RCW;

     (n) Rural health care facilities regulated pursuant to chapter 70.175 RCW.

     (7) "Health care provider," "health care professional," "professional" or "provider" mean a person who is licensed, certified, registered or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.

     (8) "Improper quality of care," as defined in RCW 43.70.075, means any practice, procedure, action, or failure to act that violates any state law or rule of the applicable state health licensing authority under Title 18 RCW or chapters 70.41, 70.96A, 70.127, 70.175, 71.05, 71.12, and 71.24 RCW, and enforced by the department of health. Improper quality of care shall not include good faith personnel actions related to employee performance or actions taken according to established terms and conditions of employment. Good faith personnel action will not prevent investigations of alleged improper quality of care.

     (9) "Whistleblower" means a consumer, employee, or health care professional who in good faith reports alleged quality of care concerns to the department of health.



[Statutory Authority: RCW 43.70.075 and 43.70.040. 97-02-013, § 246-15-010, filed 12/20/96, effective 1/20/97.]