WAC 388-78A-2383

(1) After July 1, 2026, an assisted living facility may not operate as a memory care facility or maintain a memory care unit without becoming certified.

(2) To be certified by the department the assisted living facility must:

(a) Have a valid, current, license to operate an assisted living facility as required under RCW 18.20.030;

(b) Apply for certification and submit the initial certification fee as required by WAC 388-78A-2750;

(c) Not have a pattern of uncorrected or recurring significant enforcement remedies prior to the date of application. Evidence of significant enforcement may include:

(i) Citations issued in areas of resident harm or serious risk of harm, or actions or inactions resulting in serious disregard for resident health, safety, or deterioration of quality of care; or

(ii) Civil fines based on the department's determination of moderate to severe violations as defined in WAC 388-78A-3183;

(d) Not have a stop placement or conditions on a license related to resident care, or license revocation actions prior to the date of application for certification;

(e) Have permanent infrastructure considering the specialized needs of residents with dementia in WAC 388-78A-2381 including elements to restrict egress and meet daily activity requirements in WAC 388-78A-2180;

(f) Have a staffing plan that maintains 24-hour awake caregivers at a level adequate to respond to each resident's accessed needs, including waking and sleeping patterns and routine assistance with eating;

(g) Have a staffing plan, if applicable, when residents live in separate buildings or cottages that maintains at least one awake caregiver physically present in each building or cottage 24 hours per day; and

(h) Have policies and procedures outlining how staff respond to and manage residents who wander, actions to take when a resident is missing, and how and when consultive services will be obtained and utilized for residents experiencing behavioral challenges.

(3) The department at its sole discretion, on a case-by-case basis, after taking into consideration information on the certification application of the assisted living facility licensed before July 1, 2026, may grant conditional exemptions to prevent disruption of services or displacement of residents.