Washington § 18.46.080 - Inspections — Approval of new facilities — State licensure survey.

(1) The department shall make or cause to be made an inspection and investigation of all birthing centers, and every inspection may include an inspection of every part of the premises. The department may make an examination of all records, methods of administration, the general and special dietary and the stores and methods of supply. The department may prescribe by regulation that any licensee or applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall before commencing such alterations, addition, or new construction submit plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with regulations and standards herein authorized. Necessary conferences and consultations may be provided.

(2)(a) A birthing center that is accredited by a birthing center accrediting body is not subject to a state licensure survey if:

(i) The department determines that the applicable survey standards of the accrediting body are substantially equivalent to those of this chapter and adopted by the department;

(ii) An on-site survey has been conducted for the purposes of accreditation during the previous 36 months; and

(iii) The department receives directly from the accrediting body or from the applicant copies of the latest survey report and other relevant reports or findings that indicate compliance with licensure requirements.

(b) The department retains authority to survey those service areas not addressed by the accrediting body, if any.

(c) In reviewing the birthing center accrediting body's survey standards for substantial equivalency to those set forth in this chapter or adopted by the department in rule, the department is directed to provide the most liberal interpretation consistent with the intent of this chapter. In the event the department determines at any time that the survey standards are not substantially equivalent to those required by this chapter or adopted by the department in rule, the department is directed to notify the affected licensees. The notification must contain a detailed description of the deficiencies in the alternative survey process, as well as an explanation concerning the risk to the consumer. The determination of substantial equivalency for alternative survey process and lack of substantial equivalency are agency actions and subject to RCW 34.05.210 through 34.05.395 and 34.05.510 through 34.05.675.

(d) The department is authorized to perform a validation survey on applicants who previously received a survey through the accreditation process by the accrediting body. The department is authorized to perform a validation survey on no greater than 10 percent of applicants that are accredited by the accrediting body.

(e) This subsection (2) does not affect the department's initial licensing process or enforcement authority for licensed birthing centers.