Studebaker-Nault: Washington’s Vaccine Mandates and Accommodations in Dental Offices

On August 9, 2021, Washington Governor Jay Inslee issued Proclamation 21-14 imposing a COVID-19 vaccination requirement affecting health care settings, including dental offices. The proclamation was subsequently amended on August 20, 2021 and again on September 27, 2021. 

As amended, Proclamation 21-14 requires health care providers to be fully vaccinated against COVID-19 by October 18, 2021. It also requires operators of health care settings, including dental offices, to verify the vaccination status of: 

• Every employee, volunteer, and contractor who works in the health care setting, whether or not they are licensed or providing health care services; and 
• Every employee, volunteer, and contractor who provides health care services for the health care setting operator. 

In order to be considered fully vaccinated, an individual had to receive his or her second dose in a two-dose COVID-19 vaccine series or a dose of a single-dose vaccine approved or authorized for emergency use by the Food and Drug Administration or World Health Organization on or before October 4, 2021. 

The proclamation also requires dental offices to provide disability-related reasonable accommodations and sincerely held religious belief accommodations to the requirements of the proclamation as required by the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Washington Law Against Discrimination, and other applicable law. Dental offices may follow their pre-existing accommodation processes, provided those processes comply with applicable law. Dental offices are prohibited from providing accommodations that (1) are known to be based on false, misleading, or dishonest grounds or information or (2) are actually based on personal preference. Any accommodations provided must, to the extent permitted by law, require the individual to take COVID-19 safety measures that are consistent with applicable Department of Health recommendations. 

For more information, contact Emily R. Studebaker at estudebaker@studebakernault.com or Barbra Z. Nault at bnault@studebakernault.com. 

This article has been prepared by Studebaker Nault, PLLC. It is not a substitute for legal advice or individual analysis of a particular legal matter. Transmission and receipt of this article does not create an attorney-client relationship. 

Editor’s Note: Studebaker Nault assisted WSDA in creating sample religious and medical accommodation forms for WSDA members. Learn more and access the forms at www.wsda.org/vaccine.