WSR 23-01-080
EMERGENCY RULES
DEPARTMENT OF HEALTH
[Filed December 16, 2022, 7:35 a.m., effective December 16, 2022, 7:35 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: New WAC 246-300-001 Licensed health care facilities and coronavirus disease 2019 (COVID-19). Extending the adoption of an emergency rule that establishes that all health care facilities licensed by the department of health (department) must comply with state and federal statutes, administrative rules, lawful orders, and other legal requirements relating to the operation of the facility and the control or prevention of the spread of COVID-19, including orders issued by the governor, by the secretary of health, by a local board of health, and by a local health officer. This continues the emergency rule originally filed on December 23, 2021, as WSR 22-02-009, and extended on April 22, 2022, and August 19, 2022, as WSR 22-10-007 and WSR 22-17-098, respectively.
Citation of Rules Affected by this Order: New WAC 246-300-001.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: COVID-19 activity in Washington state continues to pose a high risk to vulnerable populations and health care workers, particularly those receiving and providing care in health care facilities and similar congregate care facilities. While Governor Inslee has ended the state of emergency and rescinded remaining emergency orders, Secretary of Health Order 20-03.10 regarding face coverings statewide remains in effect. Clarifying the applicability of state and federal statutes, administrative rules, lawful orders, and other legal requirements to licensed health care facilities will assist facilities to comply with these requirements and will assist the department in its efforts to ensure the health and safety of the workers, recipients of services, and visitors in those facilities.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: December 16, 2022.
Kristin Peterson, JD
Chief of Policy
for Umair A. Shah, MD, MPH
Secretary
OTS-3389.3
Chapter 246-300 WAC
GENERAL PROVISIONS—FACILITIES
NEW SECTION
WAC 246-300-001Licensed health care facilities and coronavirus disease 2019 (COVID-19).
(1) This section applies to all health care facility types licensed by the department of health under chapters
18.46, 70.41, 70.42, 70.127, 70.230, 71.12, and
71.24 RCW.
(2) Every facility subject to this rule must comply with state and federal statutes, administrative rules, lawful orders, and other legal requirements relating to the operation of the facility and the control or prevention of the spread of coronavirus disease 2019 (COVID-19).
(3) Lawful orders include, but are not limited to, orders issued by the governor under chapter
43.06 RCW, by the secretary of health under chapter
43.70 RCW, or by a local board of health or local health officer under chapter
70.05, 70.08, or
70.24 RCW or chapter 246-100 WAC.