1. (1) Any person may submit a report to the department of an alleged violation of licensing and certification laws and rules.
2. (2) Health care professionals credentialed by the department shall comply with the mandatory reporting requirements in chapters 18.130 RCW and 246-16 WAC.

3. (3) If the department determines a report should be investigated, the report becomes a complaint. If the department conducts a complaint investigation, behavioral health agency representatives must cooperate to allow department representatives to:

   1. (a) Examine any part of the facility at reasonable times and as needed;

   2. (b) Review and evaluate agency records including, but not limited to:

      1. (i) An individual's individual service record and personnel file; and
      2. (ii) The agency's policies, procedures, fiscal records, and any other documents required by the department to determine compliance and to resolve the complaint; and
   3. (c) Conduct individual interviews with staff members and individuals receiving services.

4. (4) An agency or agency provider must not retaliate against any:

   1. (a) Individual or individual's representative for making a report with the department or being interviewed by the department about a complaint;
   2. (b) Witness involved in the complaint issue; or
   3. (c) Employee of the agency.

5. (5) The department may assess a fee under RCW 43.70.250, or deny, suspend, or modify a license or certification under RCW 43.70.115, if:

   1. (a) Any allegation within the complaint is substantiated; or
   2. (b) The department finds that the individual or individual's representative, a witness, or employee of the agency experienced an act of retaliation by the agency as described in subsection (4) of this section during or after a complaint investigation.

[Statutory Authority: RCW 71.24.037, 71.05.560, 71.34.380, 18.205.160, 43.70.080(5), 41.05.750, 43.70.250, 74.09.520, and chapters 71.05, 71.12, 71.24, and 71.34 RCW. WSR 22-24-091, § 246-341-0605, filed 12/6/22, effective 5/1/23. Statutory Authority: RCW 71.24.037, 71.05.560, 71.34.380, 18.205.160, 71.24.037 and chapters 71.05, 71.24, and 71.34 RCW. WSR 21-12-042, § 246-341-0605, filed 5/25/21, effective 7/1/21. Statutory Authority: 2018 c 201 and 2018 c 291. WSR 19-09-062, § 246-341-0605, filed 4/16/19, effective 5/17/19.]