CR-103E Alert: Emergency Rule Adoption, Chapter 246-101 WAC – Notification and Reporting of COVID-19

The Washington State Board of Health (Board) has adopted a seventh emergency rulemaking order to continue the requirements established in WAC 246-101-017 – Novel Coronavirus (SARS-CoV-2), Coronavirus Disease 2019 (COVID-19) Reporting. The emergency rule is effective April 20, 2022 and will be in effect for 120 days. The CR-103E announces the emergency rulemaking order, filed as WSR 22-09-082 (attached).

This emergency rule, in alignment with updated guidance from the Department of Health and Human Services:

  • Continues the designation of COVID-19, as a notifiable condition.
  • Continues the requirement for health care providers, health care facilities, laboratories, local health jurisdictions, and the Department of Agriculture to report certain demographic, testing, and other relevant data for each COVID-19 test.
  • Clarifies reporting requirements by test entity and test type:
    • Entities licensed to conduct moderate or high complexity testing must report all positive, negative, and inconclusive test results from all NAAT and antigen tests performed for COVID-19.
    • Entities licensed to conduct waived tests under a certificate of waiver must report positive test results from all waived tests, excluding antibody testing, for COVID-19.

The Board filed a CR-101, Preproposal Statement of Inquiry, on July 23, 2021 to integrate emergency rule requirements and provisions into permanent rule. More information can be found on the COVID-19 permanent rulemaking web page.

For more information on this emergency rule visit the Board’s website or contact