Subject of Possible Rule Making: The department is considering amending the following rules to identify the period of time tuberculosis testing is suspended or waived during the declared emergency of COVID-19 per Proclamation by the Governor 20-05.

For adult family homes: WAC 388-76-10265 Tuberculosis—Testing—Required, 388-76-10285 Tuberculosis—Two step skin testing, and 388-76-10290(1), Tuberculosis—Positive test result.

For assisted living facilities: WAC 388-78A-2480(1), Tuberculosis—Testing—Required, 388-78A-2484 Tuberculosis—Two step skin testing, and 388-78A-2485(1), Tuberculosis—Positive test result.

For enhanced services facilities: WAC 388-107-0460(1), Tuberculosis (TB)—Testing—Required, and 388-107-0490 Tuberculosis (TB)—Two step skin testing.

For providers of residential services and supports: WAC 388-101D-0650(1), What must a group training home do to detect and manage tuberculosis?, and 388-101D-0660(3), When is a group training home employee not required to complete a tuberculin test?

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making is necessary to establish a timeframe when long-term care facility employees and residential service and support providers employees are or were not required to be screened for tuberculosis due to the unavailability of tuberculosis testing which was suspended or waived during the COVID-19 pandemic.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agencies regulate this subject.

Process for Developing New Rule: Consistent with RCW 70.128.040 (2)(a), the department will consult with all divisions and administrations within the department serving the various populations living in adult family homes, assisted living facilities, and enhanced services facilities; and served by residential services and support providers for the purpose of assisting the department in developing rules and standards appropriate to the different needs and capacities of the various populations served by these facilities. In addition, the department will notify all stakeholders of the opportunity to participate in development, review, and comment on draft rules regarding their form and content prior to proposing rules for adoption.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Debbie Hoeman, P.O. Box 45600, Olympia, WA 98504, phone 360-725-3210, email Debra.Hoeman@dshs.wa.gov.