ADVOCATE FOR MASSAGE THERAPY AS A RECOGNIZED & RESPECTED HEALTHCARE PROFESSION
Compliance with Proclamation 21-14 Vax Washington
The Washington Chiropractic Association (WSCA) has been kind enough to allow WSMTA to share with you the compliance tool that they created for complying with Governor Inslee’s Proclamation 21-14. Please make sure to download both pages.
WSCA -- Proclamation_21_14_Compliance_Document.pdf
First some background on the validity of governor Proclamations. The validity and enforceability of governor issued Proclamations has been upheld in the courts many times over many decades. Those court decisions have, in a nutshell, said that states have the right to infringe on individual liberties in some cases and especially in the case of public health matters. There are several Washington healthcare provider associations and unions that have expressed displeasure with the proclamation, as written, to the Governor’s office. But many attorneys have agreed that any type of prospective legal challenge would have zero chance of success as there is no standing to challenge. Once enforcement begins that may provide some type of standing for a legal challenge.
Please read the disclaimer on page 2 carefully as it contains steps that will help you to fill out the forms completely. This disclaimer page applies to WSCA and WSMTA. If you have questions beyond the scope of this article, please consult your attorney.
Who needs to fill out/maintain these documents
How do I need to maintain the compliance document and supporting documents
Section 3 - only if fully vaccinated
Section 4 - only when requesting medical accommodation
Section 5 - only when requesting religious accommodation
Section 6 - only when not complying with the Proclamation
Section 7 - to be completed by Employer/healthcare facility operator
We really will have no idea as to what enforcement is going to look like until it begins to happen. The Washington Department of Labor and Industries (L&I) has the authority to issue fines and shut you down until you come into compliance. The Department of Health has the authority to issue fines and provide other sanctions against your license. Law enforcement has the authority to charge you with a gross misdemeanor.
The Department of Health has indicated that enforcement will be complaint driven, much like it is with any regulatory issue. Will the Department of Health or Labor and Industries come knocking on your door? We believe this is highly unlikely, but it could happen. Do you have other complaints against you, have you been flagged as a non-complier, then this could be more likely to happen to you. Will law enforcement come knocking on your door? Again, we think this is highly unlikely, but it is possible. If you have all your documentation for yourself, employees, contractors, and volunteers at the ready and you have made a good faith attempt to fully comply with the Proclamation you should be on firm ground from a legal/regulatory perspective.
We hope that you find this information to be helpful.
Marybeth Berney LMT
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