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PDFWAC 246-329-020

Licensure.

A person must possess a current birth center license issued by the department before advertising, operating, managing, conducting, opening or maintaining a birthing center unless exempt under chapter 18.46 RCW. A birth center applicant working towards licensure may begin advertising via website or other means provided that language clearly communicates that the center is not currently licensed.
(1) Application for license. An applicant for initial licensure of a birthing center must:
(a) Submit a completed application on forms provided by the department;
(b) Submit disclosure statements and criminal history background checks no older than three months preceding the application date for the administrator, owner and director of services in accordance with RCW 43.43.830 through 43.43.845;
(c) Submit the following information:
(i) Name of managing personnel, officers, administrator, director of services, and partners or individuals owning 10 percent or more of the applicant's voting stock;
(ii) A description of the organizational structure;
(iii) A copy of the current business license(s);
(d) Submit evidence of completion of the department's construction review process;
(e) Submit evidence of compliance with local codes and ordinances;
(f) Submit evidence of approval of the state fire marshal as required per RCW 18.46.110;
(g) Submit evidence that a certificate of occupancy by the local building official has been approved and issued;
(h) Submit other information as required by the department;
(i) Submit fees as specified in WAC 246-329-990;
(j) Develop and approve policies and procedures addressing the content of this chapter; and
(k) Meet the requirements of this chapter as determined by an initial survey conducted by the department.
(2) License renewal.
(a) A license, unless suspended or revoked, must be renewed annually.
Applications for renewal must be on forms provided by the department and must be filed with the department not less than 30 days prior to expiration and must also include disclosure statements and criminal history background checks no older than three months preceding the renewal date for the administrator, owner, and director of services when these individuals are new to the birth center since initial licensure or last renewal, in accordance with RCW 43.43.830 through 43.43.845.
(b) The department may inspect and investigate each birthing center every 24 months or as needed to determine compliance with these rules and chapter 18.46 RCW.
(c) Each license must be issued only for the premises and persons named. Licenses must be transferable or assignable only with written approval by the department.
(d) Licenses must be posted in a conspicuous place on the licensed premises.
(3) Change of ownership. At least 30 days prior to changing ownership of a birthing center:
(a) The licensee must submit in writing to the department:
(i) The full name, address and phone number of the current and prospective owner;
(ii) The name, address, and phone number of the currently licensed birthing center and the name under which the prospective agency will operate; and
(iii) Date of the proposed change of ownership;
(b) The prospective new owner must submit:
(i) Information listed in subsection (1)(b) and (c) of this section; and
(ii) The change of ownership fee specified in WAC 246-329-990.
(4) The department may conduct a survey after a change of ownership approval to assess the new ownership's delivery of care to patients. The decision to conduct a survey would be based on department surveys, complaint investigations, and enforcement actions associated with the new owner(s).
[Statutory Authority: RCW 18.46.060 and 43.70.250. WSR 25-15-078, s 246-329-020, filed 7/15/25, effective 8/15/25. Statutory Authority: Chapter 18.46 RCW and RCW 43.70.040. WSR 07-07-075, § 246-329-020, filed 3/16/07, effective 4/16/07. Statutory Authority: RCW 18.46.060 and 34.05.220. WSR 92-02-018 (Order 224), § 246-329-020, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-329-020, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 34.05 RCW, RCW 34.05.220 (1)(a) and 18.46.060. WSR 90-06-019 (Order 039), § 248-29-020, filed 2/28/90, effective 3/1/90. Statutory Authority: RCW 18.46.060. WSR 86-04-031 (Order 2338), § 248-29-020, filed 1/29/86; WSR 83-07-016 (Order 255), § 248-29-020, filed 3/10/83. Statutory Authority: RCW 43.20.050. WSR 80-05-099 (Order 197), § 248-29-020, filed 5/2/80.]