# WAC 246-322-030: WAC 246-322-030. Criminal history, disclosure, and background inquiries

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_030

## Section

- **Citation:** WAC 246-322-030
- **Heading:** WAC 246-322-030. Criminal history, disclosure, and background inquiries
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 246 / Chapter 246-322 / Section 246-322-030

## Text

(1) The licensee or license applicant shall require a disclosure statement as defined in RCW 43.43.834 for each prospective employee, volunteer, contractor, student, and any other individual associated with the hospital having direct contact with vulnerable adults as defined under RCW 43.43.830 .
(2) The license applicant having direct contact with vulnerable adults shall obtain a Washington state patrol criminal history background disclosure statement and submit it to the department with the initial application for licensure.
(3) The licensee or license applicant shall:
(a) Require a Washington state patrol criminal history background inquiry, as specified in RCW 43.43.842 (1), from the Washington state patrol or the department of social and health services for each:
(i) Staff person, student, and any other individual currently associated with the hospital having direct contact with vulnerable adults, when engaged on or since July 22, 1989; and
(ii) Prospective staff person, student, and individual applying for association with the hospital prior to allowing the individual direct contact with vulnerable adults, except as allowed by subsection (4) of this section;
(b) Inform each individual identified in (a) of this subsection of the requirement for a background inquiry;
(c) Require the individual to sign an acknowledgement statement that a background inquiry will be made;
(d) Verbally inform the individual of the background inquiry results within seventy-two hours of receipt; and
(e) Offer to provide a copy of the background inquiry results to the individual within ten days of receipt.
(4) The licensee may conditionally employ, contract with, accept as a volunteer or associate, an individual having direct contact with vulnerable adults pending a background inquiry, provided the licensee:
(a) Immediately obtains a disclosure statement from the individual; and
f receipt; and
(e) Offer to provide a copy of the background inquiry results to the individual within ten days of receipt.
(4) The licensee may conditionally employ, contract with, accept as a volunteer or associate, an individual having direct contact with vulnerable adults pending a background inquiry, provided the licensee:
(a) Immediately obtains a disclosure statement from the individual; and
(b) Requests a background inquiry within three business days of the conditional acceptance of the individual.
(5) Except as provided in RCW 43.43.842 and in subsection (4) of this section, a licensee shall not hire or retain, directly or by contract, any individual having direct contact with vulnerable adults, if that individual has been:
(a) Convicted of a crime against individuals as defined in RCW 43.43.830 ;
(b) Convicted of a crime relating to financial exploitation as defined in RCW 43.43.830 ;
(c) Found in any disciplinary board final decision to have abused a vulnerable adult under RCW 43.43.830 ; or
(d) The subject in a protective proceeding under chapter 74.34 RCW.
(6) The licensee shall establish and implement procedures ensuring that all disclosure statements and background inquiry responses are:
(a) Maintained in a confidential and secure manner;
(b) Used for employment purposes only;
(c) Not disclosed to any individual except:
(i) The individual about whom the licensee made the disclosure or background inquiry;
(ii) Authorized state and federal employees; and
(iii) The Washington state patrol auditor; and
(d) Retained and available for department review:
(i) During the individual's employment or association with a facility; and
(ii) At least two years following termination of employment or association with a facility.
(7) The department shall:
(a) Review records required under this section;
(b) Investigate allegations of noncompliance with RCW 43.43.830 through 43.43.842 , when necessary, in consultation with law enforcement personnel; and
review:
(i) During the individual's employment or association with a facility; and
(ii) At least two years following termination of employment or association with a facility.
(7) The department shall:
(a) Review records required under this section;
(b) Investigate allegations of noncompliance with RCW 43.43.830 through 43.43.842 , when necessary, in consultation with law enforcement personnel; and
(c) Use information collected under this section solely for the purpose of determining eligibility for licensure or relicensure as required under RCW 43.43.842 .
(8) The department may require licensees to complete additional disclosure statements or background inquiries for an individual associated with the licensed hospital having direct contact with vulnerable adults if the department has reason to believe that offenses specified under RCW 43.43.830 have occurred since completion of the previous disclosure statement or background inquiry.

## Nearby sections

- [WAC 246-322-010 WAC 246-322-010. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_010.md)
- [WAC 246-322-020 WAC 246-322-020. Licensure — Initial, renewal, modifications](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_020.md)
- [WAC 246-322-025 WAC 246-322-025. Responsibilities and rights — Licensee and department](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_025.md)
- [WAC 246-322-030 WAC 246-322-030. Criminal history, disclosure, and background inquiries](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_030.md)
- [WAC 246-322-035 WAC 246-322-035. Policies and procedures](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_035.md)
- [WAC 246-322-040 WAC 246-322-040. Governing body and administration](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_040.md)
- [WAC 246-322-050 WAC 246-322-050. Staff](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_050.md)
- [WAC 246-322-100 WAC 246-322-100. Infection control](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_100.md)
- [WAC 246-322-120 WAC 246-322-120. Physical environment](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_120.md)
- [WAC 246-322-140 WAC 246-322-140. Patient living areas](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_140.md)
- [WAC 246-322-150 WAC 246-322-150. Clinical facilities](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_150.md)
- [WAC 246-322-160 WAC 246-322-160. Bathrooms, toilet rooms and handwashing sinks](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_160.md)
- [WAC 246-322-170 WAC 246-322-170. Patient care services](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_170.md)
- [WAC 246-322-180 WAC 246-322-180. Patient safety and seclusion care](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_180.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_322_030. Check the current official text before relying on it. Not legal advice.
