List: 805 Regulations Waived to Help Fight COVID-19
The Trump administration and state and local governments wisely suspended regulations to help fight the coronavirus.
Many of these rules and regulations were not necessary in the first place, given their tendency to reduce innovation and access to care, not to mention their restriction on American liberty.
Below is a list of suspended rules and regulations, starting with federal waivers, followed by state and local waivers. If you have another example to add, please send it to ideas@atr.org
Suspended federal rules and regulations:
"The heads of all agencies shall review any regulatory standards they have temporarily rescinded, suspended, modified, or waived during the public health emergency, any such actions they take pursuant to section 4 of this order, and other regulatory flexibilities they have implemented in response to COVID-19, whether before or after issuance of this order, and determine which, if any, would promote economic recovery if made permanent, insofar as doing so is consistent with the policy considerations identified in section 1 of this order, and report the results of such review to the Director of the Office of Management and Budget, the Assistant to the President for Domestic Policy, and the Assistant to the President for Economic Policy." - The White House (5/19/2020)
"The heads of all agencies shall identify regulatory standards that may inhibit economic recovery and shall consider taking appropriate action, consistent with applicable law, including by issuing proposed rules as necessary, to temporarily or permanently rescind, modify, waive, or exempt persons or entities from those requirements, and to consider exercising appropriate temporary enforcement discretion or appropriate temporary extensions of time as provided for in enforceable agreements with respect to those requirements, for the purpose of promoting job creation and economic growth, insofar as doing so is consistent with the law and with the policy considerations identified in section 1 of this order." - The White House (5/19/2020)
"The heads of all agencies, excluding the Department of Justice, shall accelerate procedures by which a regulated person or entity may receive a pre-enforcement ruling under Executive Order 13892 with respect to whether proposed conduct in response to the COVID-19 outbreak, including any response to legislative or executive economic stimulus actions, is consistent with statutes and regulations administered by the agency, insofar as doing so is consistent with the law and with the policy considerations identified in section 1 of this order." - The White House (5/19/2020)
FDA allows state leeway in virus testing
"The FDA will allow states to take responsibility for tests developed and used by laboratories within their borders. The labs will not have to pursue Emergency Use Authorization from the agency, an emergency clearance that is normally required." - STAT News (3/16/20)
FDA loosens regulations on distribution of newly developed tests
"Under certain circumstances, the agency will not object to any manufacturers that distribute newly developed tests before the FDA grants emergency clearance, and a similar stance will be taken toward labs that use these new tests." - STAT News (3/16/20)
EPA easing enforcement of environmental legal obligations
"The EPA will exercise the enforcement discretion specified below for noncompliance covered by this temporary policy and resulting from the COVID-19 pandemic...
The consequences of the pandemic may affect facility operations and the availability of key staff and contractors and the ability of laboratories to timely analyze samples and provide results. As a result, there may be constraints on the ability of a facility or laboratory to carry out certain activities required by our federal environmental permits, regulations, and statutes. These consequences may affect reporting obligations and milestones set forth in settlements and consent decrees. Finally, these consequences may affect the ability of an operation to meet enforceable limitations on air emissions and water discharges, requirements for the management of hazardous waste, or requirements to ensure and provide safe drinking water... The enforcement discretion described in this temporary policy do not apply to any criminal violations or conditions of probation in criminal sentences. Appropriate consideration of potential criminal liability is discussed separately." - U.S. Environmental Protection Agency (3/26/20)
FDA issues emergency authorizations for several COVID-19 tests
"The CDC has granted a right of reference to the performance data contained in CDC's EUA request (FDA submission number EUA200001) to any entity seeking an FDA EUA for a COVID-19 diagnostic device."
So far, they have has issued dozens (and counting) emergency authorizations for COVID-19 tests. This includes Abbott Laboratories' portable coronavirus test. Follow the link here to find the list. - U.S. Food and Drug Administration (2/29/20 - Present)
FDA issues emergency authorizations for several serological (antibody) tests
"We continue to provide the opportunity for interested developers to request FDA authorization through the emergency use authorization (EUA) process. To date, we have already issued four EUAs for serological tests, and we expect that number to continue to grow in the coming weeks." - U.S. Food and Drug Administration (4/18/20)
"This deregulatory action will allow greater flexibility for truck drivers transporting goods such as necessary medical supplies, testing equipment, hand sanitizer, disinfectants and food required for emergency restocking of stores." - Americans for Tax Reform (3/16/20)
Not all test kits required to be sent to a CDC lab
"The administration removed a regulation that required all test kits to be sent to a CDC lab to be confirmed by federal authorities, a process that extended the wait times for patients to be notified about their results." - Washington Examiner (3/13/20)
The "requirements that physicians or other health care professionals hold licenses in the State in which they provide services, if they have an equivalent license from another State (and are not affirmatively barred from practice in that State or any State a part of which is included in the emergency area)" are being waived. - U.S. Department of Health and Human Services (3/13/20)
TSA allowing hand sanitizer containers up to 12 ounces
"TSA is allowing passengers to bring liquid hand sanitizer containers up to 12 ounces in carry-on bags until further notice. Passengers can expect that these containers larger than the standard allowance of 3.4 ounces of liquids permitted through a checkpoint will need to be screened separately..." - Transportation Security Administration (3/13/20)
Loosening HIPAA requirements in order to expand telemedicine
In order to allow patients to more easily communicate with their providers, the Administration loosened the HIPAA requirements surrounding telemedicine. This important change allows doctors to see patients via commonly used apps like FaceTime and Skype that were previously non-HIPAA compliant. - U.S. Department of Health and Human Services (3/17/20)
Allowing out-of-state doctors to treat patients through telehealth
"HHS Secretary Alex Azar waive certain laws to expand the use of telehealth, which public health experts say can help reduce risk of transmission. The new order appears to let Azar waive federal licensing requirements so out-of-state doctors can treat patients virtually in states with the greatest need." - Politico (3/13/20)
Easing restrictions on online courses at colleges and universities
The Department of Education has moved to ease rules on colleges and universities who are shifting their classes online. There are a collection of rules being eased, not enforced. - Office of Postsecondary Education (3/5/20)
Allowing distilled spirits permittees (DSPs) to produce hand sanitizer
"Due to the Coronavirus 2019 (COVID-19) pandemic, the Acting Administrator of the Alcohol and Tobacco Tax and Trade Bureau (TTB) has found that it is necessary or desirable to waive provisions of internal revenue law with regard to distilled spirits, and therefore is providing certain exemptions and authorizations to distilled spirits permittees who wish to produce ethanol-based hand sanitizers to address the demand for such products during this emergency." - Alcohol and Tobacco Tax and Trade Bureau (3/18/20)
"Faster, Easier Qualification Process for States Seeking SBA Disaster Assistance. Historically, the SBA has required that any state or territory impacted by disaster provide documentation certifying that at least five small businesses have suffered substantial economic injury as a result of a disaster, with at least one business located in each declared county/parish. Under the just-released, revised criteria, states or territories are only required to certify that at least five small businesses within the state/territory have suffered substantial economic injury, regardless of where those businesses are located." - Small Business Administration (3/17/20)
Tax deadline extended until July by the IRS
The Trump Administration has extended the tax deadline to allow more flexibility in filing during this chaotic time. Americans for Tax Reform still recommends that taxpayers file their returns as soon as possible. Most taxpayers get refunds, in total amounting to about $50B in refunds that could be injected into the economy now. Taxpayers should be encouraged to file their returns as soon as possible to get refunds NOW to help them recover.
"Income tax payment deadlines for individual returns, with a due date of April 15, 2020, are being automatically extended until July 15, 2020, for up to $1 million of their 2019 tax due." - Internal Revenue Service (3/18/20)
FDA eases rules to increase ventilator production
"First, the guidance describes the agency’s intention to exercise enforcement discretion for certain modifications to these FDA-cleared devices. Normally, any time a manufacturer or user makes a modification to a ventilator device, for instance, adding wireless and/or Bluetooth capability for remote monitoring, those modifications can often trigger an FDA premarket review, which can delay the time it takes to get these devices to the bedside. The guidance also helps manufacturers ramp up their manufacturing by adding production lines or alternative sites, for instance, using non-medical device manufacturers such as automobile manufacturers, to start manufacturing ventilator parts....Second, as outlined in this guidance, hospitals and health care professionals may use ventilators intended for other environments... Finally, the agency encourages manufacturers, whether foreign or domestic, to talk to FDA about pursuing an emergency use authorization (EUA), which would allow them to distribute their ventilators in the United States." - U.S. Food and Drug Administration (3/22/20)
"Federal Emergency Management Agency (FEMA) gave Puerto Rico and other territories the discretion to acquire personal protective equipment from non-U.S. sources… Previously, U.S. territories and the District of Columbia were obliged to purchase only U.S.-made personal protective equipment in accordance with the Buy American Act." - Reason (3/24/20)
"The 60-day grant of special temporary authority (STA) for use of the lower 45 MHz of the band is to help them serve rural communities during the COVID-19 pandemic. The FCC said the grants will help with telehealth, distance learning and telework in rural communities in Arizona, California, Colorado, Florida, Idaho, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, Vermont, Washington, Wisconsin, and West Virginia." - Multichannel News (3/27/20)
"CMS will allow communities to take advantage of local ambulatory surgery centers that have canceled elective surgeries, per federal recommendations. Surgery centers can contract with local healthcare systems to provide hospital services, or they can enroll and bill as hospitals during the emergency declaration as long as they are not inconsistent with their State’s Emergency Preparedness or Pandemic Plan. The new flexibilities will also leverage these types of sites to decant services typically provided by hospitals such as cancer procedures, trauma surgeries and other essential surgeries." - Centers for Medicare & Medicaid Services (3/30/20)
Allows non-hospital buildings and spaces to be used for patient care and quarantine sites
"CMS will now temporarily permit non-hospital buildings and spaces to be used for patient care and quarantine sites, provided that the location is approved by the State and ensures the safety and comfort of patients and staff. This will expand the capacity of communities to develop a system of care that safely treats patients without COVID-19, and isolate and treat patients with COVID-19." - Centers for Medicare & Medicaid Services (3/30/20)
"CMS will allow hospitals, laboratories, and other entities to perform tests for COVID-19 on people at home and in other community-based settings outside of the hospital. This will both increase access to testing and reduce risks of exposure. The new guidance allows healthcare systems, hospitals, and communities to set up testing sites exclusively for the purpose of identifying COVID-19-positive patients in a safe environment. In addition, CMS will allow hospital emergency departments to test and screen patients for COVID-19 at drive-through and off-campus test sites." - Centers for Medicare & Medicaid Services (3/30/20)
Allows ambulances to transport patients to a wider range of locations
"During the public health emergency, ambulances can transport patients to a wider range of locations when other transportation is not medically appropriate. These destinations include community mental health centers, federally qualified health centers (FQHCs), physician’s offices, urgent care facilities, ambulatory surgery centers, and any locations furnishing dialysis services when an ESRD facility is not available." - Centers for Medicare & Medicaid Services (3/30/20)
"Physician-owned hospitals can temporarily increase the number of their licensed beds, operating rooms, and procedure rooms. For example, a physician-owned hospital may temporarily convert observation beds to inpatient beds to accommodate patient surge during the public health emergency." - Centers for Medicare & Medicaid Services (3/30/20)
Hospitals allowed to bill for services at off-site treatment
"In addition, hospitals can bill for services provided outside their four walls. Emergency departments of hospitals can use telehealth services to quickly assess patients to determine the most appropriate site of care, freeing emergency space for those that need it most. New rules ensure that patients can be screened at alternate treatment and testing sites which are not subject to the Emergency Medical Labor and Treatment Act (EMTALA) as long as the national emergency remains in force. This will allow hospitals, psychiatric hospitals, and critical access hospitals (CAHs) to screen patients at a location offsite from the hospital’s campus to prevent the spread of COVID-19." - Centers for Medicare & Medicaid Services (3/30/20)
"Local private practice clinicians and their trained staff may be available for temporary employment since nonessential medical and surgical services are postponed during the public health emergency. CMS’s temporary requirements allow hospitals and healthcare systems to increase their workforce capacity by removing barriers for physicians, nurses, and other clinicians to be readily hired from the local community as well as those licensed from other states without violating Medicare rules." - Centers for Medicare & Medicaid Services (3/30/20)
"CMS is issuing waivers so that hospitals can use other practitioners, such as physician assistants and nurse practitioners, to the fullest extent possible, in accordance with a state’s emergency preparedness or pandemic plan. These clinicians can perform services such as order tests and medications that may have previously required a physician’s order where this is permitted under state law." - Centers for Medicare & Medicaid Services (3/30/20)
"CMS is waiving the requirements that a certified registered nurse anesthetist (CRNA) is under the supervision of a physician. This will allow CRNAs to function to the fullest extent allowed by the state, and free up physicians from the supervisory requirement and expand the capacity of both CRNAs and physicians." - Centers for Medicare & Medicaid Services (3/30/20)
Allows hospitals to provide benefits and support to their medical staffs
"CMS also is issuing a blanket waiver to allow hospitals to provide benefits and support to their medical staffs, such as multiple daily meals, laundry service for personal clothing, or child care services while the physicians and other staff are at the hospital and engaging in activities that benefit the hospital and its patients." - Centers for Medicare & Medicaid Services (3/30/20)
Eliminating some paperwork requirements, allowing clinicians to spend more time with patients
"CMS is temporarily eliminating paperwork requirements and allowing clinicians to spend more time with patients. Medicare will now cover respiratory-related devices and equipment for any medical reason determined by clinicians so that patients can get the care they need; previously Medicare only covered them under certain circumstances." - Centers for Medicare & Medicaid Services (3/30/20)
"During the public health emergency, hospitals will not be required to have written policies on processes and visitation of patients who are in COVID-19 isolation. Hospitals will also have more time to provide patients a copy of their medical record." - Centers for Medicare & Medicaid Services (3/30/20)
Providing temporary relief from many audit and reporting requirements
"CMS is providing temporary relief from many audit and reporting requirements so that providers, healthcare facilities, Medicare Advantage health plans, Medicare Part D prescription drug plans, and states can focus on providing needed care to Medicare and Medicaid beneficiaries affected by COVID-19." - Centers for Medicare & Medicaid Services (3/30/20)
Allows more services to be furnished via telehealth
"Building on prior action to expand reimbursement for telehealth services to Medicare beneficiaries, CMS will now allow for more than 80 additional services to be furnished via telehealth. During the public health emergencies, individuals can use interactive apps with audio and video capabilities to visit with their clinician for an even broader range of services. Providers also can evaluate beneficiaries who have audio phones only." - Centers for Medicare & Medicaid Services (3/30/20)
Allows providers to bill for telehealth visits at the same rate as in-person visits
"Providers can bill for telehealth visits at the same rate as in-person visits. Telehealth visits include emergency department visits, initial nursing facility and discharge visits, home visits, and therapy services, which must be provided by a clinician that is allowed to provide telehealth. New as well as established patients now may stay at home and have a telehealth visit with their provider." - Centers for Medicare & Medicaid Services (3/30/20)
Remote patient monitoring services can now be provided to those with only one disease
"CMS is making it clear that clinicians can provide remote patient monitoring services to patients with acute and chronic conditions, and can be provided for patients with only one disease. For example, remote patient monitoring can be used to monitor a patient’s oxygen saturation levels using pulse oximetry." - Centers for Medicare & Medicaid Services (3/30/20)
FDA issues emergency authorization of anti-malaria drug for coronavirus care
"The U.S. Food and Drug Administration (FDA) issued an Emergency Use Authorization (EUA) to BARDA to allow hydroxychloroquine sulfate and chloroquine phosphate products donated to the Strategic National Stockpile (SNS) to be distributed and prescribed by doctors to hospitalized teen and adult patients with COVID-19, as appropriate, when a clinical trial is not available or feasible." - Department of Health and Human Services (3/29/20)
FDA Agrees to Extend Product Approval Deadlines for Electronic Cigarettes
"A Maryland federal judge on Friday said that he would grant a 120-day extension to the deadline for e-cigarette regulatory applications in light of the novel coronavirus outbreak that has strained U.S. Food and Drug Administration resources and disrupted supply chains.
Last week, the FDA asked the Fourth Circuit to extend the current May 12 deadline in light of the coronavirus outbreak, saying that many of the laboratories and research organizations conducting the clinical trials for the regulatory applications have shut down or otherwise halted in-person testing in light of the COVID-19 pandemic." - Law360 (4/6/20)
COVID-19 Meal Times Nationwide Waiver
"In accordance with the COVID–19 Child Nutrition Response Act, USDA has granted a nationwide waiver, waiving the meal service time requirement during this public health emergency. This waiver allows for the serving of meals outside of the standard meal times for the following child nutrition programs: National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Food Service Program. FNS has provided this waiver to ensure children are still being fed, while still in support of social distancing recommendation." - U.S. Department of Agriculture (3/20/20)
COVID-19 Nationwide Waiver to Allow Parents and Guardians to Pick Up Meals for Children
"In accordance with the Families First Coronavirus Response Act of 2020, FNS has granted a nationwide waiver allowing parents and/or guardians to pick up meals for their children, without the student needing to be present. This waiver is in support of social distancing and minimizes the exposure of the novel coronavirus (COVID-19), it is effective immediately, and remains in effect through June 30, 2020, or until expiration of the federally declared public health emergency, whichever is earlier." - U.S. Department of Agriculture (4/14/20)
Temporary waivers on observers, monitors for vessels in the Greater Atlantic Region
"Consistent with the agency's emergency rule on observer waivers during the COVID-19 pandemic and under the authority granted to the Greater Atlantic Regional Administrator at 50 CFR 648.11(c), NOAA Fisheries is extending the waiver granted to vessels with Greater Atlantic Region fishing permits to carry human observers or at-sea monitors for an additional two weeks, through April 18, 2020. We will continue to evaluate the need for further extensions of this waiver on a weekly basis." - National Oceanic and Atmosphere Administration (4/2/20)
Authorizing licensed pharmacists to order and administer COVID-19 tests
"Office of the Assistant Secretary for Health issued new guidance under the Public Readiness and Emergency Preparedness Act authorizing licensed pharmacists to order and administer COVID-19 tests that the U.S. Food and Drug Administration has authorized." - U.S. Department of Health & Human Services (4/8/20)
"The Office of Personnel Management (OPM) approved a request from the Department of Veterans Affairs (VA), March 19, to waive a section of federal law that governs retired VA workers. The waiver makes it easier for the department to rehire retired VA health care workers and will help VA health care facilities bolster their medical staffs during the COVID-19 pandemic. VA plans to use the waiver authority to begin hiring actions as early as this week, and the department is inviting interested retired physicians, nurses, pharmacists, laboratory technicians, respiratory therapists and other medical professionals to register online." - U.S. Department of Veterans Affairs (3/24/20)
"New legislation signed Wednesday provides manufacturers of N95 face masks protection against lawsuits when selling certain masks to health-care workers, Pence said. That will free producers including 3M and Honeywell to sell tens of millions more masks per month to hospitals, Pence said, helping alleviate alarming shortages that have surfaced in recent weeks amid the coronavirus crisis." - Washington Post (3/19/20)
"The first guidance, “COVID-19 Public Health Emergency: General Considerations for Pre-IND (Investigational New Drug application) Meeting Requests for COVID-19 Related Drugs and Biological Products,” outlines a more efficient process for developers to receive agency feedback on their supporting data with the goal of starting clinical trials as soon as possible. The FDA is committed to helping sponsors get potentially effective products into study quickly, while protecting the safety of patients. To that end, the guidance provides sponsors clarity on the types of data and information they should provide to address clinical, nonclinical and quality considerations before submitting an application to initiate studies." - U.S. Food and Drug Administration (5/11/2020)
FAA granted ZipLine permission to deliver medical supplies via drone
"A medical-delivery firm has received special permission to fly its drones farther than previously allowed in the United States, a COVID-prompted decision that advances the nascent drone-delivery industry here. ZipLine, which says its drones have flown more than 1.8 million hours delivering supplies in Africa, will fly supplies some 32 miles between a drone launch facility near Novant Health Huntersville Medical Center and the Novant Health Respiratory Assessment Center outside Charlotte, North Carolina. The Federal Aviation Administration, which regulates flight over U.S. territory, granted ZipLine permission to deliver medical supplies beyond line of sight over civilian airspace. Unmanned aircraft in the United States have largely been limited to line-of-sight flights, or government operations. The Department of Homeland Security, which flies General Atomics drones on surveillance missions over portions of the U.S. border, mounted a 275-mile demonstration flight from Yuma, Arizona, and Grey Butte, California. But that flight, like ZipLine’s upcoming delivery service, required a special waiver from the FAA." - Government Executive (5/28/2020)
Lifting rule that limits consumers to six transactions each month from their savings accounts
"The Federal Reserve Board on Friday announced an interim final rule to amend Regulation D (Reserve Requirements of Depository Institutions) to delete the six-per-month limit on convenient transfers from the "savings deposit" definition. The interim final rule allows depository institutions immediately to suspend enforcement of the six transfer limit and to allow their customers to make an unlimited number of convenient transfers and withdrawals from their savings deposits at a time when financial events associated with the coronavirus pandemic have made such access more urgent." - The Federal Reserve (4/24/2020)
"To ease strains in the Treasury market resulting from the coronavirus and increase banking organizations' ability to provide credit to households and businesses, the Federal Reserve Board on Wednesday announced a temporary change to its supplementary leverage ratio rule. The change would exclude U.S. Treasury securities and deposits at Federal Reserve Banks from the calculation of the rule for holding companies, and will be in effect until March 31, 2021. Liquidity conditions in Treasury markets have deteriorated rapidly, and financial institutions are receiving significant inflows of customer deposits along with increased reserve levels. The regulatory restrictions that accompany this balance sheet growth may constrain the firms' ability to continue to serve as financial intermediaries and to provide credit to households and businesses. The change to the supplementary leverage ratio will mitigate the effects of those restrictions and better enable firms to support the economy." - The Federal Reserve (4/1/2020)
USDA allowing lenders to offer 180-day loan payment deferrals without prior agency approval
"USDA Rural Development Deputy Under Secretary Bette Brand today announced that USDA is granting lenders a temporary exception to offer payment deferrals for Agency guaranteed loan programs due to the COVID-19 pandemic. Effective immediately until September 30, 2020, lenders may offer 180-day loan payment deferrals without prior agency approval for Business and Industry Loan Guarantees, Rural Energy for America Program Loan Guarantees, Community Facilities Loan Guarantees, and Water and Waste Disposal Loan Guarantees. For additional information, see page 17721 of the March 31, 2020, Federal Register." - U.S. Department of Agriculture (3/31/2020)
"This Special Federal Aviation Regulation (SFAR) provides regulatory relief to persons who have been unable to comply with certain training, recent experience, testing, and checking requirements due to the Coronavirus Disease 2019 (COVID-19) outbreak. This relief allows operators to continue to use pilots and other crewmembers in support of essential operations during this period. Additionally, this SFAR provides regulatory relief to certain persons and pilot schools unable to meet duration and renewal requirements due to the outbreak. This rule also allows certain air carriers and operators to fly temporary overflow aircraft, a need resulting from the outbreak, to a point of storage pursuant to a special flight permit with a continuing authorization." - Federal Aviation Administration (FAA), Department of Transportation (DOT) (4/30/2020)
"EPA and NHTSA, on behalf of the Department of Transportation, are issuing final rules to amend and establish carbon dioxide and fuel economy standards. Specifically, EPA is amending carbon dioxide standards for model years 2021 and later, and NHTSA is amending fuel economy standards for model year 2021 and setting new fuel economy standards for model years 2022–2026. The standards set by this action apply to passenger cars and light trucks, and will continue our nation’s progress toward energy independence and carbon dioxide reduction, while recognizing the realities of the marketplace and consumers’ interest in purchasing vehicles that meet all of their diverse needs." - Environmental Protection Agency (4/30/2020)
"The Food and Drug Administration (FDA, Agency, or we) is announcing the availability of a final guidance for industry entitled “Temporary Policy During the COVID-19 Public Health Emergency Regarding the Qualified Exemption from the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption.” Given the public health emergency presented by COVID-19, this guidance document is being implemented without prior public comment because FDA has determined that prior public participation is not feasible or appropriate, but it remains subject to comment in accordance with the Agency's good guidance practices. The guidance communicates the Agency's intention to exercise enforcement discretion, in the manner described in the guidance, regarding sales to qualified end-users when determining eligibility for the qualified exemption from the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, due to disruptions to supply chains, for the duration of the COVID-19 public health emergency." - Food and Drug Administration, HHS (6/5/2020)
Facilitating patient access to investigational drugs for treating COVID-19
"The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled “Institutional Review Board (IRB) Review of Individual Patient Expanded Access Requests for Investigational Drugs and Biological Products During the COVID-19 Public Health Emergency.” To facilitate patient access to investigational drugs for treating COVID-19, FDA is issuing this guidance to provide recommendations regarding the key factors and procedures IRBs should consider when reviewing requests—including when such reviews are conducted by a single-member of an IRB—for individual patient expanded access. Given the public health emergency presented by COVID-19, this guidance is being implemented without prior public comment because FDA has determined that prior public participation is not feasible or appropriate, but it remains subject to comment in accordance with the Agency's good guidance practices." - Food and Drug Administration, HHS (6/9/2020)
"The U.S. Department of Transportation’s Federal Highway Administration (FHWA) today issued a notice to State Departments of Transportation that the agency is suspending enforcement measures under the Federal-aid Highway Program for States that choose to permit commercial food trucks to operate and sell food, in accordance with state laws, in designated federally funded Interstate Highway rest areas." - U.S. Department of Transportation’s Federal Highway Administration (4/3/2020)
Suspended state rules and regulations:
Alabama - Allowance for the curbside sale of alcoholic beverages
"Officials in Alabama have signed an emergency order to allow for the sale of alcoholic beverages curbside at licensed businesses in the state." - WBRC (3/17/20)
Alabama - Allows for prescriptions to be filled for longer than 30 days
"Due to the ongoing threat of coronavirus, the Alabama Board of Pharmacy is allowing pharmacists to process emergency refills on essential medications." - WHNT (3/16/20)
"Licensed healthcare facility (LHF)-based NP practice allows collaboration with the Chief Medical Officer or designee, which may be in specific patient locations within the hospital such as Emergency Department, Intensive Care Unit or elsewhere in the facility. Allows for the CMO or designee to have unlimited collaborations. A facility can have an unlimited number of CRNP/CNM. An application is not required as the LHF will perform record keeping for this. There is no fee associated with the LTF approval during this crisis period." - Office of Governor Kay Ivey (4/2/20)
Alabama - Expanding scope of practice for Certified Registered Nurse Practitioners
"NPs authorized to prescribe from a facility-approved formulary and perform all skills authorized in the facility protocols within the scope of the NP’s education and training. (controlled substance prescribing requires DEA registration through the ABME). The facility is authorized to develop related CRNP/CNM protocols supportive of patient care, based on the scope of practice for a CRNP/CNM." - Office of Governor Kay Ivey (4/2/20)
Alabama - Interstate reciprocity for health care licenses
"To allow expedited licensures and/or temporary permits for the practice of pharmacy, nursing, and medicine in Alabama by individuals in possession of active, unencumbered licenses in other states…" - Office of Governor Kay Ivey (4/2/20)
Alabama - Suspending certificate of need laws for projects deemed necessary for fighting COVID-19
"The State Health Planning and Development Agency and, as appropriate, the Statewide Health Coordinating Council and the Certificate of Need Review Board, is hereby authorized and directed to promulgate emergency rules to provide for temporary waivers to the Certificate of Need process to permit new services, facilities, and other resources needed for the treatment of patients affected by... COVID-19... " - Office of Governor Kay Ivey (4/2/20)
Alabama - Allowing remote notarization
"Notaries in Alabama who are licensed attorneys or operating under the supervision of licensed attorneys may notarize signatures through videoconferencing programs and confirm the signatures of witnesses who participate virtually through videoconferencing as though they were physically present at the signing." - Office of Governor Kay Ivey (3/26/20)
Alabama - Extending tax deadlines
"I hereby delegate to the Commissioner of Revenue the authority to postpone the April 15, 2020, due date for the payment of the following state taxes until July 15, 2020 for any "person," as that term is defined in Ala. Code…" - Office of Governor Kay Ivey (3/26/20)
Alabama - Licensure period for emergency medical services personnel and provider services extended
"The licensure period applicable to emergency medical services personnel and provider services is hereby extended for the duration of the current state of emergency." - Office of Governor Kay Ivey (3/26/20)
Alaska - Suspending certain government fees and fines
"Suspends certain fees and fines within the Department of Health and Social Services, Department of Administration, Department of Commerce, Department of Labor, Department of Revenue, Department of Environmental Conservation, Department of Natural Resources, Department of Transportation, and the Department of Fish and Game through May 11, 2020 unless otherwise noted." - Office of Governor Mike Dunleavy (4/1/20)
Alaska - Extending the tax deadline
Deferred tax filing deadline to April 10th, 2020. - Office of Governor Mike Dunleavy (3/31/20)
Alaska - Expansion of access to Telehealth Services
Suspending several telehealth regulations to allow "phone consultations with another provider; to allow clinics to conduct assessments in ways other than face-to-face; to allow videoconferencing." - Office of Governor Mike Dunleavy (3/31/20)
Alaska - Unapproved facilities may be used for patient care if approved facilities are not available
"To permit healthcare facilities to utilize space for patient care that may not have been designed and approved for such uses where approved facilities are not available due to surge in patients."- Office of Governor Mike Dunleavy (3/31/20)
Alaska - Allowing the delivery and curbside pickup of alcohol
"Suspension of the statute only to the extent necessary to allow for: ( 1) curbside pickup of alcohol; and (2) delivery of beer and wine when included with an order of food being delivered by a licensed restaurant or eating place establishment." - Office of Governor Mike Dunleavy (4/14/2020)
Alaska - Suspending certain EMT certification/recertification requirements
"To suspend in-person skills testing requirement for initial certification for EMTI, II, III, and AEMT (Advanced EMT). To suspend in-person skills testing requirement for CPR certification. To suspend EMT recertification deadline. To suspend in-person skills testing for CPR certification of EMTs. To suspend requirement that an EMT whose certification has been expired for one to three years must apply for recertification. To suspend the cap of a maximum of 24 hours of Continuing Medical Education hours delivered through distance education." - Office of Governor Mike Dunleavy (4/9/2020)
Alaska - Suspending certificate of need laws for hospital beds
"To suspend the requirement to submit a certificate of need prior to temporarily increasing bed capacity." - Office of Governor Mike Dunleavy (4/9/2020)
Alaska - Allowing family members to be paid for providing care
"To suspend prohibition against payment to family members providing care." - Office of Governor Mike Dunleavy (3/31/2020)
"Limited suspension of requirement that dependent children under the age of 23 attend on a full-time basis an accredited educational or technical institution recognized by the Department of Education and Early Development." - Office of Governor Mike Dunleavy (4/14/2020)
Alaska - Suspends prohibition on studded tires
"Suspends the prohibition of driving with studded tires from May 1 through September 15." - Office of Governor Mike Dunleavy (3/31/2020)
Alaska - Suspending fees for facilities that have closed or are operating at reduced capacity
"To suspend fees for facilities that have closed, or are operating at reduced capacity, due to COVID-19 health mandates… To suspend collection of annual permit payments for facilities that have closed, or are operating at reduced capacity, due to due to COVID-19 health mandates." - Office of Governor Mike Dunleavy (4/9/2020)
Alaska - Suspending teacher education requirements
"To suspend the requirement for current holders of a preliminary certificate to submit passing scores on a competency exam. To suspend the requirement for applicants for an initial certificate to submit passing scores on a competency exam. To suspend the requirement for the issuance of teacher certificates for the completion of the required three semester hours of Alaska studies and Alaska multicultural coursework. For initial teaching certificates, to suspend the requirements for the completion of the required three semester hours of Alaska studies and Alaska multicultural coursework." - Office of Governor Mike Dunleavy (4/14/2020)
Alaska - Suspending minimum score requirements for standardized testing
"To remove requirement to achieve a minimum score on a standardized examination. To remove requirement to achieve minimum score on college entrance examination. To remove standardized examination scores from eligibility requirements for Alaska Performance Scholarship. To remove standardized examination score requirements from eligibility requirements for Alaska Performance Scholarship. To suspend requirement for certain nonpublic school students to submit to department documentation of standardized examination results." - Office of Governor Mike Dunleavy (4/9/2020)
Arizona - Expanding scope of practice for Certified Registered Nurse Anesthetists
"Governor Ducey notified the Center For Medicare and Medicaid Services (CMS) of his decision to exempt the State of Arizona from a federal regulation requiring Certified Registered Nurse Anesthetists (CRNAs) to be supervised by a physician. The reform will expand access to care, especially in rural areas, and free up physicians for other needed medical services." - Office of Governor Doug Ducey (3/24/20)
"Under the Executive Order, state agencies and boards will defer requirements to renew licenses that have an expiration date between March 1, 2020 and September 1, 2020 by six months from the expiration date, unless those requirements can be completed online. Additionally, they will defer requirements to complete continuing education by six months, unless those requirements can be completed online." - Office of Governor Doug Ducey (3/26/20)
Arizona - Allowing on-the-job training for certain health care workers
"The Arizona Health Care Cost Containment System shall permit and the Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers shall certify an individual who completes on-the-job training as provided in this order as if the applicant had fulfilled the requirements for training required." - Office of Governor Doug Ducey (4/14/20)
Arizona - Telehealth services may be provided by any licensed healthcare provider
"Telehealth services subject to this Executive Order may be provided by any Arizona licensed healthcare provider type including, but not limited to, physicians, physician assistants, advanced practice nurses, optometrist, psychologists, dentists, occupational therapists, physical therapists, pharmacists, behavioral health providers, chiropractors, athletic trainers, hearing aid dispensers, audiologists, and speech-language pathologists." - Office of Governor Doug Ducey (4/14/20)
Arizona - Allows the issuance of a prescription for injured workers without an in-person examination
"No Arizona regulatory board shall enforce any statute, rule, or regulation that would require a medical professional who is licensed by that board and who is authorized to write prescriptions to conduct an in-person examination of an injured worker prior to the issuance of a prescription." - Office of Governor Doug Ducey (4/14/20)
Arizona - Allowing food trucks to operate at rest areas
"The Arizona Department of Transportation (ADOT) shall issue no-fee permits to mobile food vendors otherwise licensed pursuant to A.R.S. 36-136(I)(4) to provide take-away food service at state rest areas." - Office of Governor Doug Ducey (4/15/2020), Executive Order: 2020-31
Arizona - Permitting telemedicine for pets
"Beginning on April 1, 2020, and continuing for the duration of the Public Health Emergency declared in Arizona on March 11, 2020, in order to protect public health, expedite access to and treatment of animal health conditions, and to minimize the risk of the spread of COVID-19 within veterinary healthcare facilities, the use of telemedicine may be used by licensed veterinarians in Arizona." - Office of Governor Doug Ducey (4/1/2020), Executive Order: 2020-19
"To fully leverage telehealth in Arkansas and mitigate the spread of COVID-19, I am suspending the provisions… requiring an in-person encounter, or a face to face examination using real time audio and visual means to establish a professional relationship. Physicians licensed in Arkansas who have access to a patient's personal health record maintained by a physician may establish a professional relationship with a patient using any technology deemed appopriate by the provider... with a citizen located in Arkansas to diagnose, treat and if clinically appropriate, prescribe a non-controlled drug to that patient." - Office of Governor Asa Hutchinson (3/24/20)
Arkansas - Removes limits on working hours for health care providers
"A suspension of Arkansas Code to the extent necessary to remove limits on working hours for physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered nurses, and licensed practical nurses, to allow healthcare facilities otherwise affected by the disaster emergency to maintain adequate staffing..." - Office of Governor Asa Hutchinson (4/13/20)
Arkansas - Lessening barriers in medical treatment protocol development and modification
"A suspension of Arkansas Code to the extent necessary to allow emergency medical treatment protocol development or modification to occur solely with the approval of the Secretary of the Arkansas Department of Health." - Office of Governor Asa Hutchinson (4/13/20)
"A suspension of Ark. Code… to the extent necessary to provide immunity from liability to the following emergency responders… in the course of providing medical services in support of the State's response to the COVID-19 outbreak…: (a) physicians; (b) physician assistants; (c) specialist assistants; (d) nurse practitioners; (e) licensed registered nurses; and (f) and licensed practical nurses." - Office of Governor Asa Hutchinson (4/13/20)
Arkansas - Allowing remote notarization
Suspends several provisions requiring in-person witnessing and notarization of legal documents. - Office of Governor Asa Hutchinson (4/9/20)
Arkansas - Extending tax deadlines
"The Secretary of the Department of Finance and Administration is hereby ordered to extend the 2019 individual income tax filing date and individual income tax payment date from April 15, 2020, to July 15, 2020." - Office of Governor Asa Hutchinson (3/23/20)
"To protect businesses that open or remain open during the COVID-19 emergency, all persons in the State of Arkansas and the person's employees, agents, and officers shall be immune from civil liability for damages or injuries caused by or resulting from exposure of an individual to COVID-19 on the premises owned or operated by those persons or during any activity managed by those persons." - Office of Governor Asa Hutchinson (6/15/2020)
"Suspend provisions of Ark. Code Ann. 11-9-601(e)(2) that currently require a contagious or infectious disease be contracted in or in immediate connection to a hospital or sanitorium to allow first responders and front-line healthcare workers to seek workers compensation for exposure to COVID-19 in the line of duty outside of those settings..." - Office of Governor Asa Hutchinson (4/21/2020)
Arkansas - Allowing food trucks to operate at rest areas
"The Arkansas Department of Transportation (ARDOT) will issue temporary permits for certified food truck operators to serve truckers at two rest stops in the state, according to a release from the Arkansas Trucking Association on Thursday. The move is an effort to ensure greater food options for truck drivers during the month of April so that they have a safe place to eat while carrying essential goods and aid to communities affected by the COVID-19 pandemic." - KNWA FOX 24 (4/2/2020)
"For the duration of the declared emergency, waive any of the licensing and staffing requirements of chapters 1, 3.3, 8.5, and 9 of division 2 of the Health and Safety Code and any accompanying regulations with respect to any clinic, adult day health care, hospice, or mobile health care unit. Any waiver shall include alternative measures that, under the circumstances, will allow the clinic, adult day health care, hospice, or mobile health care unit to assist in the care or protect the health of individuals while protecting public health and safety." - Office of Governor Gavin Newsom (3/21/20)
"Any local ordinance, including those relating to noise limitations, is suspended to the extent it restricts, delays, or otherwise inhibits the delivery of food products, pharmaceuticals, and other emergency necessities distributed through grocery stores and other retail or institutional channels, including, but not limited to, hospitals, jails, restaurants, and schools." - Office of Governor Gavin Newsom (3/21/20)
"To ensure that patients with mental or behavioral health conditions continue to receive the services and support they need, notwithstanding disruptions caused by COVID-19; and to protect the health, safety and welfare of patients with mental or behavioral health conditions committed to the State Department of State Hospitals facilities, as defined by Welfare and Institutions Code Sections 4100 and 7200; the Director of the State Department of State Hospitals may issue directives waiving any provision or requirement of the Welfare and Institutions Code; any provision or requirement of the Penal Code that affects the execution of laws relating to care, custody, and treatment of persons with mental illness committed to or in the custody of the State Department State Hospitals." - Office of Governor Gavin Newsom (3/21/20)
California - Extending tax deadlines, refund deadlines, and license renewals
"The executive order allows the California Department of Tax and Fee Administration (CDTFA) to offer a 90-day extension for tax returns and tax payments for all businesses filing a return for less than $1 million in taxes. That means small businesses will have until the end of July to file their first-quarter returns. Additionally, the order extends the statute of limitations to file a claim for refund by 60 days to accommodate tax and fee payers. The executive order also includes extensions that impact state government workers, as well as consumers. For instance, the Department of Motor Vehicles will limit in-person transactions for the next 60 days, allowing instead for mail-in renewals. Additionally, the Department of Consumer Affairs will waive continuing education requirements for several professions, also for the next 60 days. Further, the order will extend the Office of Administrative Law’s deadlines to review regular department proposed regulations. The order also extends by 60 days the time period to complete investigation of public safety officers based on allegations of misconduct. Finally, deadlines for trainings, investigations, and adverse actions for state workers will also be extended." - Office of Governor Gavin Newsom (3/30/20)
"To the extent necessary and only for the duration of the declared emergency, waive any of the professional licensing and certification requirements and amend scopes of practice of chapters 2, 2.35, and 8 of division 2 of the Health and Safety Code and any accompanying regulations with respect to certified nursing assistants, home health aides, and nursing home administrators, and chapter 3, division 2 of the Business and Professions Code and accompanying regulations with respect to certified hemodialysis technicians." - Office of Governor Gavin Newsom (3/30/20)
California - Extension for expired drivers' licenses and identification cards; suspends late fees
"Some of the issues addressed in the executive order include granting a 60-day extension for customers on several Department of Motor Vehicles deadlines, including for recently expired drivers’ licenses and identification cards, to reflect public compliance with the COVID-19 stay at home order. It also suspends late fees from being applied to expired vehicle registrations." - Office of Governor Gavin Newsom (4/23/20)
"The order will allow certain posting, filing and notice requirements under the California Environmental Quality Act (CEQA) to be satisfied through electronic means to allow public access and involvement consistent with COVID-19 public health concerns." - Office of Governor Gavin Newsom (4/23/20)
California - Allows retailers to provide bags to consumers without charge
"The executive order will temporarily allow retailers, particularly grocery stores, to provide bags to consumers without charge, and to pause redemption of beverage containers in-store to mitigate the spread of COVID-19." - Office of Governor Gavin Newsom (4/23/20)
"The executive order also temporarily suspends the requirement for recycling centers to hold a minimum number of hours of operation and directs the Department of Resources Recycling and Recovery (CalRecycle) to develop and issue operating guidelines." - Office of Governor Gavin Newsom (4/23/20)
"The executive order will temporarily suspend requirements for in-person signatures for people to obtain certain prescription drugs covered by Medi-Cal, and will allow a 90-day extension for providers on cost reporting, change of scope of service and administrative hearings." - Office of Governor Gavin Newsom (4/23/20)
California - Expanding access to telehealth services
"The order relaxes certain state privacy and security laws for medical providers, so they can provide telehealth services without the risk of being penalized. This action is similar to the federal HHS Office for Civil Rights waiver issued on March 17, 2020 regarding federal privacy and security laws." - Office of Governor Gavin Newsom (4/3/20)
California - Allows remote marriage
"Under the executive order, adults will be able to obtain a marriage license, at the discretion of their local county clerk, through videoconferencing, as long as both adults are located within the State of California, are present, and can present identification during the video conference. The license can then be issued via email. Additionally, adults who wish to be married can conduct a ceremony to solemnize the marriage via videoconference, as long as both parties are present, and have at least one witness who can join the live video conference. The provisions will be in place for the next 60 days for those who wish to be married during that time." - Office of Governor Gavin Newsom (4/30/2020)
California - Allowing retired peace officers to be rehired
"Also, the order enhances public safety by allowing retired peace officers to temporarily be reemployed for up to a year if they left the agency in good standing." - Office of Governor Gavin Newsom (5/8/2020)
California - Extends expiration dates for notaries public whose commissions are set to expire
"Additionally, the order extends for 60 days the expiration dates for notaries public whose commissions are set to expire. The order also makes it clear that notaries public can use an expired Department of Motor Vehicle driver’s license or identification card to confirm identification, consistent with prior action that extended expiration dates for driver’s licenses and identification cards." - Office of Governor Gavin Newsom (5/8/2020)
California - Waives deadlines and certification requirements for Cal Grant applicants
"The order also waives the deadline to verify grade point average and waives certain certification requirements and selective service registration verification for Cal Grant applicants." - Office of Governor Gavin Newsom (5/19/2020)
"The order helps ease the strain on domestic violence service providers by waiving the 10 percent cash or in-kind matching requirements for state grants awarded to these organizations." - Office of Governor Gavin Newsom (5/19/2020)
California - Broadening the capability of counties to enroll persons in programs
"The order extends waivers temporarily broadening the capability of counties to enroll persons into the California Work Opportunity and Responsibility to Kids (CalWORKs) program, allowing for self-attestation of pregnancy and conditions of eligibility, and waiving in-person identification requirements." - Office of Governor Gavin Newsom (6/15/2020)
California - Allows food trucks to operate in roadside rest areas
"The order also extends permission for commercially-licensed food trucks to operate in roadside rest areas, in compliance with a temporary permit issued by Caltrans…" - Office of Governor Gavin Newsom (6/15/2020)
California - Suspends face-to-face visits for eligibility for extended foster care
"The order also... suspends face-to-face visits for eligibility for extended foster care…" - Office of Governor Gavin Newsom (6/15/2020)
"The order allows the temporary manufacture of over-the-counter drugs and medical devices by firms not currently licensed by the California Department of Public Health. The firms must apply for temporary registration and self-certify they are compliant with guidance by the U.S. Food and Drug Administration (FDA)." - Office of Governor Gavin Newsom (6/5/2020)
California - Defers renewal fees for manufacturers of drugs, medical devices, food and cosmetics
"The order defers renewal fees to address COVID-19 related economic hardship for manufacturers of drugs, medical devices, food and cosmetics that currently have California Department of Public Health licenses, registrations, and certificates." - Office of Governor Gavin Newsom (6/5/2020)
"The order also addresses a variety of other issues in response to the COVID-19 pandemic by extending a number of waivers to allow for flexibility in the emergency placement of foster youth and ensure that foster youth have access to critical programs and technology by verifying foster care status for foster youth and wards of the juvenile court whose cases are pending..." - Office of Governor Gavin Newsom (6/5/2020)
California - Allowing renewals by mail of driver’s licenses
"In order to limit the need for in-person transactions at Department of Motor Vehicle offices and thereby facilitate adherence to physical distancing guidelines, the prohibition in Vehicle Code section 12814.5(e) against renewals by mail of driver’s licenses and the requirements in Vehicle Code section 13002.1(b) for in-person renewals of identification cards, and any accompanying regulations, are waived. This waiver shall be in effect until this Order is modified or rescinded, or until the State of Emergency is terminated, whichever occurs sooner." - Office of Governor Gavin Newsom (6/30/2020)
"The provisions of Welfare and Institutions Code sections 12301.1, 12301.2, and 12309 are suspended to the extent necessary to permit in-home initial assessments of IHSS applicants who have known exposure to, present symptoms of, or test positive for COVID-19 to be conducted by video-conferencing, to the extent permitted under federal law." - Office of Governor Gavin Newsom (6/30/2020)
"To facilitate the continued provision of care and supervision during the COVID-19 pandemic, the Department of Social Services may, to the extent necessary, temporarily waive, in whole or in part, Resource Family Approval Program standards set forth in the Resource Family Approval Program pursuant to Article 2 of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code and any accompanying regulations, written directives, or other related policies or procedures, including but not limited to standards regarding inactive status, home environment, caregiver training, complaint investigation protocols, and face-to-face interview requirements." - Office of Governor Gavin Newsom (6/30/2020)
Colorado - Expedited medical licensing
"Governor Polis said he would order the state to expedite licensing of new medical professionals and asked medical professionals who might be retired or are in a different profession to reconnect with their prior employer to supplement the state’s health cares systems if and when medical professionals are diagnosed with COVID-19." - CPR News (3/13/20)
Colorado - Interstate reciprocity for health care licenses
"In order to scale up our health care workforce capacity, I have asked the Colorado Department of Regulatory Agencies to cut through the red tape on licensing our medical professionals so that medical professionals - including pharmacists, nurses, doctors - who are licensed in other states but residing here can be immediately licensed in Colorado as quickly as possible to address this shortage." - Office of Governor Jared Polis (3/13/20)
Colorado - Deregulatory efforts for drivers' licensing and vehicle registration
Governor Polis closed the state’s DMVs, waived the restriction on online renewals for residents 65 and older, and permitted counties to waive late fees and renewals for vehicle registration. - Office of Governor Jared Polis (3/2020)
"I temporarily suspend the restriction in C.R.S. § 43-3-101(3) that no commercial enterprise shall be conducted or authorized on any property designated as or acquired for or in connection with a freeway or highway by the department of transportation, or any other governmental agency for commercial food truck. I direct the Executive Director of the Colorado Department of Transportation to issue temporary permits to allow commercial food trucks in Colorado’s rest and commercial trucking refueling areas to support truckers and commercial vehicle activity." - Office of Governor Jared Polis (5/2/2020)
"I temporarily suspend C.R.S. §§ 1-4-802(1)(d)(I) and 1-4-802(1)(f)(I), which establish the time period during which unaffiliated and independent candidates may circulate petitions." - Office of Governor Jared Polis (4/13/2020)
"I direct the Executive Director of DORA, through the Director of the Division of Professions and Occupations (DPO), to promulgate and issue temporary emergency rules to permit the licensed professionals... to cross train, supervise, and delegate responsibilities concerning the temporary care and treatment of patients to the professionals listed in Section II.B., in hospitals or inpatient medical facilities, including emergency departments, as long as such delegated responsibilities are appropriate based on the delegated professional’s education, training, and experience..." - Office of Governor Jared Polis (4/15/2020)
"I temporarily suspend the medical tasks that may be delegated to anesthesiologist assistants under C.R.S. § 12-240-107(7)(a), and I direct the Executive Director of DORA, through the Director of DPO, to promulgate and issue temporary emergency rules that allow certified nurse anesthetists and anesthesiologist assistants to perform airway management for COVID-19 patients." - Office of Governor Jared Polis (4/15/2020)
Colorado - Suspending certain nursing and nurse aide students' education requirements
"I temporarily suspend the following State Board of Nursing (SBON) Rules in 3 CCR 716-1 to facilitate the completion of nursing and nurse aide students’ studies to make additional professionals available to the healthcare workforce as soon as possible: 1. SBON Rule 1.2 C.11. (requiring concurrent clinical and theory experiences to allow clinical hours to be completed beyond six (6) months of relevant theory content);2. SBON Rule 1.10 D.12.a. (requiring completion of a written examination, including skills-based examination, as a condition of nurse aide certification); 3. SBON Rule 1.2 E. 15.c.(4)(a) (requiring a minimum of four hundred (400) clinical hours graduation from a practical nursing education program); 4. SBON Rule 1.2 E. 15.c.(4)(b) (requiring a minimum of seven hundred fifty (750) clinical hours for graduation from a professional nursing education program); 5. SBON Rule 1.2 E.15.c.(4)(c) (requiring fifty percent of clinical hours in the Medical Surgical Nursing II, Community Health and Capstone (practicum) courses, pediatrics, obstetrics, psychiatric and medical surgical nursing be completed in a clinical setting); 6. SBON Rule 1.2 E.15.c.(13)(d) (requiring faculty supervision for healthcare related volunteer experiences); and 7. SBON Rule 1.11.E.2.a. (requiring that a minimum of sixteen (16) hours of clinical instruction be performed in a clinical setting as part of any certified nurse aide program)." - Office of Governor Jared Polis (4/15/2020)
Colorado - Suspending national certification or designated population focus requirements for APNs
"I temporarily suspend C.R.S. § 12-255-111(2) and 3 CCR 716-1 Rules 1.14(C) and (D), requiring national certification or designated population focus for advanced practice nurses when engaging in inpatient care, only to the extent necessary to enable advanced practice nurses without such certification or designation to evaluate and treat COVID-19 patients." - Office of Governor Jared Polis (4/15/2020)
Colorado - Allowing uncertified nurse aides to be employed for longer than four months
"I temporarily suspend C.R.S. § 12-260-120(1)(d), prohibiting the employment of a nurse aide student for longer than four (4) months unless certified, to enable nurse aide students to continue to evaluate and treat patients beyond four (4) months." - Office of Governor Jared Polis (4/15/2020)
"I temporarily suspend the following State Board of Pharmacy Rules (Pharmacy Board Rules) to ensure hospital pharmacies are able to meet the needs of expanding inpatient and emergency department bed counts due to COVID-19 through hospital pharmacy satellites: 1. Pharmacy Board Rule 27.00.10(a) (requiring a maximum 1-mile distance restriction between the primary hospital pharmacy and the hospital satellite pharmacy); 2. Pharmacy Board Rules 27.00.20(c), (e), (f), (i), (j), (k), (i), (m), and (q) (requiring pre-registration inspection as well as various space, technical (such as a sink), and reference requirements); 3. Pharmacy Board Rule 27.00.40 (minimum hours of operation requirement); and 4. Pharmacy Board Rule 27.00.50 (security requirements)." - Office of Governor Jared Polis (4/15/2020)
Colorado - Allowing remote notarization
"I authorize the Secretary of State, consistent with the Secretary of State’s rulemaking authority under C.R.S. § 24-21-527(1)(a)-(f), to promulgate and issue temporary emergency rules to: 1. Authorize notarial officers to perform notarizations where a person appears before a notarial officer remotely, by real-time audio-video communication; and 2. Establish the standards and processes necessary to allow remote notarizations, including rules regarding authentication, verification of identity, and audio-video recording." - Office of Governor Jared Polis (3/27/2020)
"I, Jared Polis, Governor of the State of Colorado, hereby issue this Executive Order ordering the temporary suspension of certain statutes preventing the issuance of marriage licenses when county clerk and recorder offices are closed due to the presence of coronavirus disease 2019 (COVID-19) in Colorado." - Office of Governor Jared Polis (3/26/2020)
Colorado - Allowing retailers to delivery and takeout of alcoholic beverages
"I temporarily suspend the enforcement of the statutory license limitations in C.R.S. §§ 44-3-301(3)(a), 44-3-901(1)(g), 44-3-901(10), and 44-4-107(6) to allow retailers licensed for on-premises alcohol consumption to sell, deliver, or provide for takeout of sealed alcohol beverages if the customer, who is over twenty-one (21) years old, also purchases food, for a period of thirty (30) days until April 18, 2020." - Office of Governor Jared Polis (3/20/2020)
"I also temporarily suspend the enforcement of the statutory license limitations in C.R.S. §§ 44-3-301(3)(a), 44-3- 901(1)(g), and 44-3-901(10) for breweries operating an approved sales room to sell, deliver, or provide for takeout of sealed containers of malt liquor, if the customer is over twenty-one (21) years old, for a period of thirty (30) days until April 18, 2020." - Office of Governor Jared Polis (3/20/2020)
"I temporarily suspend C.R.S. § 25-1.5-106(2)(a.5)(I), which requires an appropriate personal physical examination for the issuance of medical marijuana cards, for a period of thirty (30) days until April 18, 2020, to prevent exposure of COVID-19 among medical professionals and medical marijuana patients." - Office of Governor Jared Polis (3/20/2020)
Colorado - Allowing the online sales of retail marijuana and retail marijuana products
"I temporarily suspend the prohibition on retail marijuana store online sales of retail marijuana and retail marijuana products in C.R.S. § 44-10-601(7)(c) to facilitate pick up by consumers twenty-one (21) years of age and older in a manner consistent with social-distancing guidelines promulgated by CDPHE, for a period of thirty (30) days until April 18, 2020." - Office of Governor Jared Polis (3/20/2020)
Colorado - Suspending vehicle gross weight provisions
"I temporarily suspend the vehicle gross weight provisions of C.R.S. § 42-4- 508(1)(c) for vehicles weighing 80,001 pounds to 84,999 pounds, to ensure the delivery of emergency goods and services to their destination in a safe and efficient manner for a period of thirty (30) days until April 18, 2020." - Office of Governor Jared Polis (3/20/2020)
Colorado - Expanding access to telehealth services
"I, Jared Polis, Governor of the State of Colorado, hereby issue this Executive Order ordering the temporary suspension of certain statutes to expand the use of telehealth services due to the presence of coronavirus disease 2019 (COVID-19) in Colorado." - Office of Governor Jared Polis (4/1/2020)
"I temporarily suspend the requirements for health facilities licensing by CDPHE under C.R.S. §§ 25-1.5-103, 25-3-101, and 25-1-114(1)(c) for the Colorado Convention Center ACS and The Ranch ACS." - Office of Governor Jared Polis (5/20/2020)
"Pursuant to the authority established in relevant provisions of the Act, C.R.S. § 24-33.5-701 et seq., I direct DHSEM and DHHA to enter into a contract to provide healthcare services consistent with the provisions of this Executive Order at the Colorado Convention Center ACS. While acting in good faith to comply completely with this Executive Order, and the resulting contract, to operate the Colorado Convention Center ACS, DHHA and its personnel shall be immune from civil or criminal liability for any action taken to comply with this Executive Order related to their activities at the Colorado Convention Center ACS pursuant to C.R.S. § 24-33.5-711.5(2). D. Pursuant to the authority established in relevant provisions of the Act, C.R.S. § 24-33.5-701 et seq., I direct DHSEM and UCHealth to enter into a contract to provide healthcare services consistent with the provisions of this Executive Order at The Ranch ACS. While acting in good faith to comply completely with this Executive Order, and the resulting contract, to operate The Ranch ACS, UCHealth and its personnel shall be immune from civil or criminal liability for any action taken to comply with this Executive Order related to their activities at The Ranch ACS pursuant to C.R.S. § 24-33.5-711.5(2)." - Office of Governor Jared Polis (5/20/2020)
"I temporarily suspend the following for thirty (30) days: 1. C.R.S. § 25.5-6-704(4)(b) requiring in-person aide supervision by a registered nurse of a family member providing care services to facilitate remote supervision and decrease the need for in-person visits..." - Office of Governor Jared Polis (5/22/2020)
"I temporarily suspend the following for thirty (30) days: … The portions of C.R.S. § 25.5-6-1102(6) that prohibit designees from receiving reimbursements for managing the financial matters associated with or directing the eligible person’s care…" - Office of Governor Jared Polis (5/22/2020)
"I temporarily suspend the requirements of C.R.S. § 1-4-901 designating the format of petitions for unaffiliated and independent candidates filed with the Secretary of State’s Office... I temporarily suspend the requirements of C.R.S. § 1-4-905(2)(a) that a circulator for unaffiliated or independent candidates must provide an affidavit stating that the circular was in the presence of the person who signed the petition and that the affidavit is signed in the physical presence of a notary public for petitions filed with the Secretary of State." - Office of Governor Jared Polis (5/15/2020)
Colorado - Allowing food trucks to operate at Colorado’s rest areas
"I temporarily suspend the restriction in C.R.S. § 43-3-101(3) that no commercial enterprise shall be conducted or authorized on any property designated as or acquired for or in connection with a freeway or highway by the department of transportation, or any other governmental agency for commercial food truck. I direct the Executive Director of the Colorado Department of Transportation to issue temporary permits to allow commercial food trucks in Colorado’s rest and commercial trucking refueling areas to support truckers and commercial vehicle activity." - Office of Governor Jared Polis (5/2/2020)
Colorado - Suspending certain Medicaid payment requirements
"I temporarily suspend the requirements of C.R.S. § 25.5-6-202(5) that establish the mechanism for determining the amount of supplemental payments for Medicaid-certified nursing facilities. I temporarily suspend the requirements of C.R.S. §§ 25.5-6-204(1)(a), (1)(b), and (2)(a) that establish the rate for reimbursement under the Medicaid program for intermediate care facilities to increase reimbursement rates for certified intermediate care facilities." - Office of Governor Jared Polis (4/30/2020)
"I temporarily suspend C.R.S. §§ 1-4-802(1)(d)(I) and 1-4-802(1)(f)(I), which establish the time period during which unaffiliated and independent candidates may circulate petitions." - Office of Governor Jared Polis (4/30/2020)
Colorado - Lifting physical presence requirements for collecting signatures for a petition
"I temporarily suspend the requirements in C.R.S. § 1-40-111 that a petition circulator be in the physical presence of the registered electors signing the petition, that the petition circulator be in the physical presence of a notary, and that the Secretary reject any section of a petition that does not have a notarized circulator affidavit attached. Additionally, I temporarily suspend the requirements in C.R.S. § 1-40-135(2)(c)(VI) that the Secretary must revoke a petition entity’s license if the entity authorizes or knowingly permits a notary public’s notarization of a petition section outside the presence of the circulator." - Office of Governor Jared Polis (5/15/2020)
Colorado - Permitting telemedicine for pets
"COVID-19 is a highly contagious viral disease that has spread throughout many Colorado communities, across the country, and across the world. To protect the public health and mitigate exposure to and the spread of COVID-19, Colorado health care providers, including veterinarians, must be able to use telehealth services whenever possible. These services, including low-cost telephone, internet, audio-only, and live video, are widely available and accessible to health care providers and patients." - Office of Governor Jared Polis (5/29/2020)
Connecticut - Office of Health Strategy to waive Certificates of Need
"Authorizes the Office of Health Strategy to waive Certificates of Need and other requirements to ensure adequate availability of healthcare resources and facilities." - Office of Governor Ned Lamont (3/14/20)
Connecticut - Waives certain easily childhood care licensing requirements
"Governor Lamont signed his third executive order since the enactment of the emergency declarations earlier this week. The order issued... authorizes the Commissioner of Early Childhood to waive certain licensing and other requirements to maintain and increase the availability of childcare…" - Office of Governor Ned Lamont (3/14/20)
Connecticut - Easing regulations on pharmacist procedure
"Governor Lamont today signed his third executive order since the enactment of the emergency declarations earlier this week. The order issued... waives requirements for pharmacists to use certain personal protective equipment when working with non-hazardous, sterile compounds." - Office of Governor Ned Lamont (3/14/20)
Connecticut - Allows pharmacists to make and sell hand sanitizer
"Governor Lamont today signed his third executive order since the enactment of the emergency declarations earlier this week. The order issued… allows pharmacists to compound and sell hand sanitizer." - Office of Governor Ned Lamont (3/14/20)
Connecticut - Established interstate reciprocity for health care licenses
"Permits physicians, nurses, respiratory care practitioners, emergency medical services personnel, and other health care practitioners who are licensed in another state to provide temporary assistance in Connecticut for a period of 60 days." - Connecticut’s Commissioner of the Department of Public Health (3/23/20)
Connecticut - Suspension of Tax on Single-Use Checkout Bags
"Temporary Suspension of Tax on Single-Use Checkout Bags. All provisions of Section 355 of Public Act 19-117, as codified in Section 22a246a of the 2020 Supplement to the Connecticut General Statutes, regarding single-use plastic checkout bags, are temporarily suspended through May 15, 2020, unless earlier modified, extended, or terminated by me. The Commissioner of Revenue Services shall issue any implementing order he deems necessary, and any guidance for businesses on accounting or other necessary measures during this temporary suspension." - Office of Governor Ned Lamont (3/26/20)
Connecticut - Extending the tax deadline
"Extension of deadline to file income and expense statement to August 15: Allows taxpayers additional time to complete their income and expense statements." - Office of Governor Ned Lamont (4/1/20)
"Provisions to ensure adequate healthcare resources and facilities: The order allows the Office of Healthcare Strategy to waive certain requirements regarding certificates of need and other healthcare related requirements so ensure that the increased demand for healthcare resources and facilities can be met during the COVID-19 pandemic." - Office of Governor Ned Lamont (3/16/20)
Connecticut - Approval of temporary additional nursing home beds
"Approval of Temporary Additional Nursing Home Beds for COVID-19 Recovery. Section 17b-354(a) of the Connecticut General Statutes, to the extent that it places a moratorium on the approval of additional nursing home beds by the Commissioner of Social Services, is suspended effective April 13, 2020, but solely with respect to: (i) entities designated by the Department of Public Health (DPH) to serve as Alternate COVID Recovery Facilities, as said term is established and defined pursuant to Executive Order No. 7Y; and (ii) additional nursing home beds as may be required at an existing skilled nursing facility to receive COVID-19 transfers from entities designated by DPH to serve as COVID Recovery Facilities, as said terms are established and defined pursuant to Executive Order No. 7Y." - Office of Governor Ned Lamont (4/15/20)
"In accordance with the provisions of Section 28-9(b)(1) of the Connecticut General Statutes, for any contract entered into on or after March 10, 2020, the head of a state contracting agency may waive the provisions of the following statutes if he or she deems such waiver necessary to expedite the procurement of “essential goods,” ... a. which require the disclosure of certain gifts and campaign contributions by state contractors... b. which require the inclusion of language regarding contractors’ civil liability for violations of the state’s whistleblower statute... c. which require the competitive solicitation for all purchases and contracts for supplies, materials and equipment... d. which require the inclusion of certain anti-discrimination terms in State contracts... e. which require state contractors to permit certain audit and inspection activities by the State... f. which requires state contractors to comply with certain confidentiality requirements." - Office of Governor Ned Lamont (4/14/20)
Connecticut - Unarmed security officers licensed in other states may practice in Connecticut
"Suspension of Requirements for Security Officer License. Section 29-161q of the Connecticut General Statutes and any statute, regulation or requirement or part thereof relating to unarmed Security Officer licenses is hereby modified to authorize the Commissioner of Emergency Services and Public Protection to waive licensing requirements for the purpose of temporarily allowing security services or businesses to employ security officers who are not licensed in Connecticut but are licensed in another state." - Office of Governor Ned Lamont (4/14/20)
Connecticut - Waiving any application fees for temporary permits
"Sections 20-65k, 20-12b(b), 20-74d, 20-162o(c) and 20-195t of the Connecticut General Statutes are modified to waive any application fees for temporary permits and to extend the duration of the temporary permits for the health care professions governed thereunder (Athletic Trainer, Respiratory Care Practitioner, Physician Assistant, Occupational, Therapist/Assistants, Master Social Worker), for the duration of the public health and civil preparedness emergency, unless earlier modified or terminated. The Commissioner may issue any implementing order she deems necessary to effectuate this order." - Office of Governor Ned Lamont (4/7/20)
"The provisions in Sections 20-70(b)(1), 20-70(b)(2), 20-74bb(f), and 20- 101 of the Connecticut General Statutes that permit practice prior to licensure by applicants and graduates for the health care professions governed thereunder (Physical Therapist, Physical Therapy Assistant, Radiographer, Registered Nurse, Nurse Practitioner, Clinical Nurse Specialist, Nurse Anesthetist), are modified to permit such practice for the duration of the public health and civil preparedness emergency, unless earlier modified or terminated. The Commissioner of Public Health may issue any implementing orders she deems necessary to effectuate this order." - Office of Governor Ned Lamont (4/7/20)
"Section 20- 195f of the Connecticut General Statutes is modified to provide that, for the duration of the public health and civil preparedness emergency, unless earlier modified or terminated, no license shall be required to practice as a marital and family therapy associate, as defined in Section 20-195a(4), for a person who has completed a graduate degree program specializing in marital and family therapy offered by a regionally accredited institution of higher education or a postgraduate clinical training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education and offered by a regionally accredited institution of higher education." - Office of Governor Ned Lamont (4/7/20)
Connecticut - A professional counselor associate may practice without obtaining a license
"Section 20- 195bb(c) of the Connecticut General Statutes is modified to permit a person who has completed the requirements in Section 20-195dd(b) to practice as a professional counselor associate without obtaining a license for the duration of the public health and civil preparedness emergency, unless earlier modified or terminated." - Office of Governor Ned Lamont (4/7/20)
"Notwithstanding any provision of the Connecticut General Statutes or any other state law, including the common law, or any associated regulations, rules, policies, or procedures, any health care professional or health care facility shall be immune from suit for civil liability for any injury or death alleged to have been sustained because of the individual's or health care facility's acts or omissions undertaken in good faith while providing health care services in support of the State's COVID-19 response, including but not limited to acts or omissions undertaken because of a lack of resources, attributable to the COVID-19 pandemic, that renders the health care professional or health care facility unable to provide the level or manner of care that otherwise would have been required in the absence of the COVID-19 pandemic and which resulted in the damages at issue, provided that nothing in this order shall remove or limit any immunity conferred by any provision of the Connecticut General Statutes or other law." - Office of Governor Ned Lamont (4/7/20)
Connecticut - Out-of-state practitioners may prescribe controlled substances
"Section 21a317 of the Connecticut General Statutes is modified to provide that out-of-state practitioners, working within the scope of practice for which the practitioner is licensed, registered or certified in another state, and in accordance with the order issued by the Commissioner of Public Health on March 23, 2020 authorizing certain out-of-state practitioners to provide care in Connecticut, or any superseding or amended order, may prescribe controlled substances in Connecticut without obtaining a Controlled Substance Registration from the Department of Consumer Protection (DCP)." - Office of Governor Ned Lamont (4/30/2020)
Connecticut - Expanding access to telehealth services
"Additions to Definition of Telehealth Provider. Section 19a-906(a)(12) of the Connecticut General Statutes is modified to add any dentist licensed under Chapter 379, behavior analyst licensed under Chapter 382a, genetic counselor licensed under Chapter 383d, music therapist licensed under Chapter 383f, art therapist licensed under Chapter 383g, and veterinarian licensed under Chapter 384 to the definition of telehealth provider... Flexibility for Medicaid-Enrolled Providers and In-Network Providers for Commercial Fully Insured Health Insurance to Perform Telehealth Through Additional Methods..." - Office of Governor Ned Lamont (4/22/2020)
Connecticut - Additions to permissible out-of-state healthcare providers
"Section 19a131j(a) of the Connecticut General Statutes is modified to additionally allow the Commissioner of Public Health to issue an order to suspend, for a period not to exceed sixty consecutive days, the requirements for licensure, certification or registration, pursuant to chapters 376a (occupational therapist), 376b (alcohol and drug counselor), 376c (radiographer, radiologic technologist, radiologist assistant and nuclear medicine technologist), 379 (dentist), 379a (dental hygienist), 382a (behavior analyst), 383d (genetic counselor), 383f (music therapist). 383g (art therapist), 384b (dietician-nutritionist), and 399 (speech and language pathologist)." - Office of Governor Ned Lamont (4/22/2020)
Connecticut - Suspension of supervision requirements for physician assistants
"Section 20-12a of the Connecticut General Statutes is modified to suspend the supervision requirements for physician assistants authorized to practice in the State of Connecticut set forth in Subsection (7)(A) subparts (iii) through (v), inclusive, and (7)(B) subparts (iii) through (v), inclusive, of said Section." - Office of Governor Ned Lamont (4/22/2020)
"Section 20-87a(b)(2) of the Connecticut General Statutes is modified to suspend the requirement that a physician, medically directing the prescriptive activity of an advanced practice registered nurse who is prescribing and administering medical therapeutics during surgery, must be physically present in the institution, clinic or other setting where the surgery is being performed." - Office of Governor Ned Lamont (4/22/2020)
"Section 20-162q(c) of the Connecticut General Statutes is modified to allow a respiratory care therapist student or a respiratory care technician student as specified in said subsection to provide services in accordance with the requirements of said subsection except that the services are not required to be a component of such person's course of study." - Office of Governor Ned Lamont (4/22/2020)
Connecticut - Suspending continuing education requirements for health care providers
"The continuing education requirements in Chapters 370, 373, 376, 376a, 376b, 376c, 378, 379, 379a, 380, 381, 381a, 383, 383a, 383b, 383c, 384, 383d, 384a, 384c, 385, 387a, 388, 397a, 398, 399 and Section 19a-515 of the General Statutes are suspended for one (1) year for occupations and professions with annual education requirements, and for the other occupations and professions within said statutes, the continuing education completion period and reporting requirements are suspended for six (6) months. The continuing education requirements are modified as stated above for each person for the continuing education year in which March 10, 2020 lies for him or her." - Office of Governor Ned Lamont (4/22/2020)
Connecticut - Allowing participation in health care programs prior to permit issuance
"Participation in Intern, Resident Physician, or United States Medical Officer Candidate Training Programs Prior to Permit Issuance. Section 20-11a of the Connecticut General Statutes is modified to allow a person to participate in an intern or resident physician program or United States Medical Officer candidate training program prior to issuance of a permit by the Department of Public Health provided that the hospital administrator documents that the person has satisfied the requirements for such a permit set forth in the statute... Participation in Resident Physician Assistant Program Prior to Permit Issuance. Section 20-12h of the Connecticut General Statutes is modified to allow a person to participate in a resident physician assistant program in a short-term hospital that provides a postgraduate medical education program accredited by the Accreditation Council for Graduate Medical Education, without a license or temporary permit issued pursuant to section 20-12b or a training permit issued by the Department of Public Health, provided that the hospital administrator documents that the person is to be appointed a resident physician assistant in such hospital and has satisfied the requirements of subdivisions (1), (2) and (5) of subsection (a) of section 20-12b." - Office of Governor Ned Lamont (4/22/2020)
Connecticut - Waiving requirement that nonprofit clubs and golf country clubs maintain a guest book
"Waiver of Requirement for Guest Books at Private Clubs. Section 30-23a is Connecticut General Statutes is suspended, and therefore, nonprofit clubs and golf country clubs shall not be required to maintain a guest book with information about member’s guests during public health and civil preparedness emergency." - Office of Governor Ned Lamont (5/21/2020)
Connecticut - Allowing alcohol delivery and takeout
"Effective immediately, Executive Order No. 7G, which addressed sales of alcoholic beverages by ce1tain licensees, is modified to additionally permit holders of the following alcoholic liquor permits to deliver directly to consumers any sealed alcoholic liquor under the same conditions as Executive Order No. 7G permitted for pick-up and offpremise consumption sales: Restaurant, Cafe, Tavern, Manufacturer Permit, Manufacturer Permit for Beer, Manufacturer Permit for Fann Wine1y, Manufacturer Permit for Farm Brewe1y, Manufacturer Permit for a Brew Pub, Manufacturer Permit for Beer and Brew Pub, Manufacturer Permit for a Farm Distillery." - Office of Governor Ned Lamont (4/2/2020)
"Suspension or Modification of Regulatory Requirements to Protect Public Health and Safety. Notwithstanding Sections 4-168 to 4-174, inclusive, of the Connecticut General Statutes, the Commissioner of Education may temporarily waive, modify or suspend any regulatory requirements adopted under Title 10 of the Connecticut General Statutes as he deems necessary to reduce the spread of COVID-19 and to protect the public health." - Office of Governor Ned Lamont (5/18/2020)
Connecticut - Allowing compensation of family caregivers
"The Regulations of Connecticut State Agencies are modified to authorize the Commissioner of Aging and Disability Services to provide additional support for caregiver relatives as follows: a. Section 17b-423-8(g)(3) of the Regulations of Connecticut State Agencies is modified to allow Area Agencies on Aging to provide up to $7,500 per fiscal year to family caregivers for respite care services and to provide up to $1,500 per fiscal year for supplemental services." - Office of Governor Ned Lamont (5/13/2020)
"Expedited Municipal Review of Outdoor Dining and Retail. Any Covered Law requiring an applicant to receive an approval or permit for outdoor food and beverage service, outdoor displays of goods, or COVID-19 Signage, which activities (other than COVID-19 Signage) end at 11 p.m. or earlier on Friday and Saturday nights and end at 9 p.m. or earlier all other days of the week (such activities being, the “Outdoor Activities”) is suspended to the extent that the Covered Law requires review and determination of any application for Outdoor Activities by a multi-member municipal agency or any by any entity other than an individual municipal official generally responsible for administrative enforcement of the relevant Covered Law, such as a zoning administrator or a building code official (such official and his or her designee being, the “Local Enforcement Official”), and modified to require all such reviews and determinations to be conducted only by the Local Enforcement Official." - Office of Governor Ned Lamont (5/12/2020)
Connecticut - Outdoor dining and retail allowed during emergency
"Any Covered Law that does not explicitly allow Outdoor Activities or that prohibits Outdoor Activities shall be deemed to allow such activities as an accessory use to any location where food or beverages are served or goods are sold, as applicable, subject to review and approval by the Local Enforcement Official and reasonable conditions imposed through Local Enforcement Official review, provided that nothing in this order shall require a municipality to permit the sale or service of alcoholic beverages as a principal or accessory use anywhere that such activity is not permitted as a principal or accessory use, and provided further than nothing in this Order shall permit the sale of alcoholic beverages for on-premise consumption independent of sale of food, or permit the operation of outdoor bars unless expressly permitted by further executive order or by rules or guidelines issued by the Department of Community and Economic Development pursuant to an executive order." - Office of Governor Ned Lamont (5/12/2020)
Connecticut - Minimum parking requirements lifted to facilitate outdoor activities
"Any Covered Law requiring a minimum number of parking spaces or prohibiting Outdoor Activities from taking place in parking lots is suspended to the extent required to permit such Outdoor Activities alone or in conjunction with any other authorized activity, including any activity required to enable the response to the COVID-19 pandemic. Any Covered Law prohibiting Outdoor Activities from taking place in on-street parking spaces is modified to allow the Local Enforcement Official to permit this activity, consistent with the requirements of this Order." - Office of Governor Ned Lamont (5/12/2020)
Connecticut - Suspending application fees for "Outdoor Activities"
"The Covered Laws are suspended to the extent they impose fees for applications filed pursuant to this Order for Outdoor Activities, and no fees for such applications shall be collected or be due and owed to the State or to any municipality for the duration of the emergency." - Office of Governor Ned Lamont (5/12/2020)
"Pharmacists are Permitted to Order and Administer Food and Drug Administration Approved Tests for COVID-19. Notwithstanding any provision of the Connecticut General Statutes or Regulations of Connecticut State Agencies, Section 19a-36-D29 of the Regulations of Connecticut State Agencies is modified to provide that pharmacists licensed pursuant to Chapter 400j of the Connecticut General Statutes are expressly permitted to order COVID-19 diagnostic tests consistent with Clinical Laboratory Improvement Amendments (CLIA), including serology tests that do not require venipuncture, that the Food and Drug Administration (FDA) has authorized. Pharmacists shall report all testing activities and any other information required by DPH in accordance with applicable orders, guidelines or other directives issued by the Commissioner of Public Health or her designees." - Office of Governor Ned Lamont (5/7/2020)
"Authorization for DSS Commissioner to Temporarily Waive, Modify, or Suspend DSS Home Health Regulatory Requirements. Notwithstanding Sections 4-168 to 4-174, inclusive, of the Connecticut General Statutes, the Commissioner of Social Services may by written order temporarily waive, modify, or suspend any regulatory requirements adopted by the Commissioner of Social Services under section 17b-262 of the Connecticut General Statutes as the Commissioner of Social Services deems necessary to increase the access of Medicaid members to home health services." - Office of Governor Ned Lamont (5/5/2020)
Connecticut - Permits the creation of a temporary nurse aide position
"Section 20-102aa of the Connecticut General Statutes is modified to include a definition of “temporary nurse aide,” which shall mean an individual providing nursing or nursing-related services to residents in a chronic and convalescent nursing home or rest home with nursing supervision, having eight hours of on-line training without enhanced infection control skills and ineligible to work with COVID-19 positive patients, in accordance with and under the direction of a licensed nurse, but does not include an individual who is a health professional otherwise licensed or certified by the Department of Public Health, or who volunteers to provide such services without monetary compensation." - Office of Governor Ned Lamont (5/27/2020)
Connecticut - Waiver of Temporary Registration Fee and Timing of Charge for Use Tax
"For any person who purchased a motor vehicle or vessel on or after March 10, 2020, the Department of Motor Vehicles is authorized to waive the fee, as specified in subsection (n) of Section 14-49 of the Connecticut General Statutes, for a temporary registration that it issues in lieu of a permanent registration. The Department of Motor Vehicles is further authorized to charge the use tax required under Section 12-431 of the Connecticut General Statutes at the time that it issues the permanent registration for such vessel or vehicle." - Office of Governor Ned Lamont (6/10/2020)
Connecticut - DMV Authorization for Online or Remote Training
"The Commissioner of Motor Vehicles may authorize the replacement of classroom or in-person training with online training as follows: a. All references to classroom training or instruction for driver’s education that are found in Sections 14-36f-1 through 14-36f-16 and 14-78-20 through 14-78-48 of the Regulations of Connecticut State Agencies are modified to permit the equivalent online training as prescribed by the Commissioner." - Office of Governor Ned Lamont (6/10/2020)
Connecticut - Dealer Issuance of Permanent Vessel Registrations
"Subsection (e) of Section 15-144 of the Connecticut General Statutes is modified to permit marine dealers to issue permanent vessel registrations and certificates of decal upon the sale or transfer of a vessel." - Office of Governor Ned Lamont (6/10/2020)
"… allow holders of Hotel Liquor permits to sell alcoholic beverages for pickup or delivery consistent with the requirements on other permit holders as set forth in prior executive orders and the DECD Sector Rules for Restaurants." - Office of Governor Ned Lamont (6/16/2020)
"Section 12-81(10) of the Connecticut General Statutes is modified to (1) waive the requirement of holding of an annual agricultural fair during 2020 by an agricultural or horticultural society to maintain its property tax exemption under Section 12-81(10) and (2) waive the annual agricultural fair activity report that must be filed by an agricultural or horticultural society with the Commissioner of Agriculture by December 31, 2020, to maintain its property tax exemption under Section 12-81(10)." - Office of Governor Ned Lamont (6/20/2020)
Connecticut - Allowing food trucks to operate at rest areas
"The Connecticut Department of Transportation (CTDOT) today announced that food trucks will be permitted to set up in several rest areas along Connecticut highways, with the goal of feeding hungry truckers and other essential workers during the COVID-19 pandemic. The action is the result of an Executive Order issued today by Governor Ned Lamont, lifting restrictions on commercial activity in highway rest areas." - Connecticut Department of Transportation (4/10/2020)
Delaware - Allowing remote notarization
"Effective April 15, 2020 at 8:00 p.m. E.D.T., any notarial act required under Delaware law is authorized to be performed, in addition to methods authorized under current law, by utilizing audio-visual technology (remote notarization)." - Office of Governor John Carney (4/15/20)
Delaware - Staffing ratios in long term care facilities suspended
"Long term care facilities must continue to provide 3.28 hours of direct care per resident per day. However, the staffing ratios required in 16 Del. C. § 1162 are hereby suspended." - Office of Governor John Carney (3/30/20)
Delaware - Training requirements for feeding assistants lifted
"The training requirements found in Section 3215 of Title 16 of the Delaware Administrative Code are hereby suspended. Previously untrained feeding assistants may undergo on-site training for the pendency of the state of emergency." - Office of Governor John Carney (3/30/20)
"To the extent not suspended by the Second Modification of the Declaration of a State of Emergency, all regulations requiring any in-person contact before or during telemedicine services provided by any medical professional are hereby suspended." - Office of Governor John Carney (3/30/20)
"Any individual who has at any time held an active license to practice medicine in any United States jurisdiction, which is now inactive, expired or lapsed, may be activated to provide healthcare services on a volunteer basis in Delaware, if (1) the individual’s license was active and in good standing for the duration of the five-year period prior to the date it went inactive, expired or lapsed, (2) the individual’s scope of practice will be limited to primary care services, and (3) the hospital that will use the individual’s services has provided training appropriate for the tasks to be performed... Any individual who has at any time held an active license or certification from any United States jurisdiction to practice as a pharmacist, respiratory therapist, physician assistant, paramedic, emergency medical technician, practical nurse, professional nurse, registered nurse, advanced practice registered nurse, or certified nursing assistant, which is now inactive, expired or lapsed, may be activated to provide healthcare services on a volunteer basis in Delaware if (1) the individual’s license or certification was active and in good standing for the duration of the five-year period prior to the date it went inactive, expired or lapsed, (2) the individual’s scope of practice is limited to examination, testing and treatment, and (3) the hospital that will use the individual’s services has provided training appropriate for the tasks to be performed." - Office of Governor John Carney (4/23/2020)
Delaware - Allowing remote marriage
"Until the state of emergency is terminated and the public health emergency is rescinded, parties applying for a marriage license in accordance with 13 Del. C. § 120 may appear together before the issuing officer via video-conference call that allows the parties to be seen and heard by the issuing officer. The issuing officer may witness the parties’ signatures on the marriage license application by video-conference call. The issuing officer may examine the parties and any documentation by video conference call in furtherance of the issuing officer’s duty to make the certification required by 13 Del. C. § 122(c)." - Office of Governor John Carney (4/23/2020)
Delaware - Extending season for commercial anchored gill net fishers
"Due to the extreme hardships that commercial anchored gill net fishers have faced due to the COVID-19 pandemic, the season closing date and all applicable date provisions prescribed in 7 C. § 923 for use of anchored gill nets is hereby extended for calendar year 2020 from midnight on May 10, 2020 to midnight on June 1, 2020. All other provisions of 7 Del. C. § 923 remain in full force and effect. The season closing date and all applicable date provisions for use of anchored gill nets shall revert to the dates prescribed in 7 Del. C. § 923 following the close of the 2020 season on June 1, 2020." - Office of Governor John Carney (5/10/2020)
Delaware - Allowing alcohol delivery and takeout
"Effective March 18, 2020 at 8:00 p.m. E.D.T., notwithstanding paragraph 2 above or any statute or regulation to the contrary, while the State of Emergency is in effect, any restaurant, brewpub, tavern or taproom with a valid on-premise license to sell alcoholic beverages may sell alcoholic beverages as part of transactions for take-out food or drive through food service, as long as the cost for alcohol does not exceed 40% of the establishment’s total sales transaction; this temporary authorization will cease immediately when the State of Emergency is rescinded." - Office of Governor John Carney (3/18/2020)
Delaware - Allowing out-of-state healthcare providers to provide services via telehealth
"Any out of state healthcare provider who would be permitted to provide telemedicine services in Delaware if they were licensed under Title 24 may provide telemedicine services to a Delaware resident if they hold an active license in another jurisdiction. The Delaware Board of Medical Licensure and Discipline’s Regulation 19 regarding restrictions on the use of telemedicine is suspended." - Office of Governor John Carney (3/18/2020)
"The Secretary of the Department of Services for Children, Youth & Their Families (DSCYF), in consultation with the Department of Health and Social Services’ Division of Public Health (DPH), may, upon a finding that suspension or modification will not endanger the public health, safety, welfare, or public peace of this state, suspend or modify the effect of any or all of the provisions of the state’s child care rules and regulations, prescribed by DSCYF’s Office of Child Care Licensing (OCCL) for the following: Operational requirements: Licensing rules and regulations related to operational requirements, including the hours of care, the age of enrollment of children, staff/child ratio, and licensed capacity requirements for level I and level II licensees as set forth in OCCL’s DELACARE Manual – Regulations for Family and Large Family Child Care Homes. Licensing rules and regulations related to operational requirements, including the hours of care, the age of enrollment of children, staff/child ratio and group size requirements as set forth in OCCL’s DELACARE Manual – Regulations for Early Care and Education and School-Age Centers... Licensing rules and regulations related to the licensee’s age or training requirements, and use of additional early childhood or school-aged teachers, assistant teachers, interns, aides, and caregivers, or other adults, substitutes and youth/adult volunteers as set forth in OCCL’s DELACARE Manual – Regulations for Early Care and Education and School-Age Centers." - Office of Governor John Carney (3/19/2020)
Delaware - Suspending several site requirements to allow for child care
"To the extent necessary to allow for child care approved by the Secretary of DSCYF, and upon a finding that the suspension or modification will not endanger the public health, safety, welfare, or public peace of this state, any unit of state or local government shall, after consulting with the Secretary of DSCYF, suspend or modify the force and effect of statutes, rules or regulations that it administers or enforces relating to the following: Zoning, so as to waive any required permits for the use of the land; Building, use and occupancy permitting, so as to remove limits on the use of a building based upon a child’s age; Fire inspection; CPR certifications; State business license requirements; Lead and radon inspection; and Testing of water, sewers and sewage, drainage, sanitation, refuse disposal, or pollution on private property, including those administered by Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water." - Office of Governor John Carney (3/19/2020)
"A photocopy or electronic copy of any fully executed legal document (except a Last Will and Testament or a Codicil) signed during the State of Emergency will have the same effect as an original for all deeds, easements, mortgages, Durable Powers of Attorney, Powers of Attorney for Health-Care, Advance Health-Care Directives, trust instruments, and any other legal document witnessed or notarized by a Delaware notarial officer. A Last Will and Testament or Codicil containing all original signed counterparts shall be deemed the sole “original” copy." - Office of Governor John Carney (4/15/2020)
Florida - Customer service representatives allowed to work remotely
Florida Chief Financial Officer Jimmy Patronis issued a directive allowing Florida agency customer service representatives, who would normally be restricted from conducting business outside of a licensed agency, to work remotely. - Florida Department of Financial Services (3/17/20)
Florida - Interstate reciprocity for health care licenses
"For purposes of preparing for, responding to, and mitigating any effect of COVID-19, health care professionals, advanced life support professionals, and basic life support professionals holding a valid, unrestricted, and unencumbered license in any state, territory, and/or district may render such services in Florida during a period not to exceed thirty days unless extended by order of the State Surgeon General, if such health care practitioner does not represent or hold themselves out as a health care practitioner licensed to practice in Florida." - State Surgeon General Scott A. Rivkees, Executive Order (3/16/20)
Florida - Out-of-state health care professionals may use telehealth to care for patients in Florida
"For purposes of preparing for, responding to, and mitigating any effect of COVID-19, health care professionals not licensed in this state may provide health care services to a patient licensed in this state using telehealth…" - State Surgeon General Scott A. Rivkees, Executive Order (3/16/20)
Florida - Emergency medical services training programs may use remote instruction and simulations
"For purposes of preparing for, responding to, and mitigating any effect of COVID-19, emergency medical services training programs may, with the approval ofthe training program medical director, substitute supervised remote live videoconferencing or simulation for one-half of the supervised clinical instruction hours and one-half of the supervised field internship hours required by section 401.2701, Florida Statutes, and applicable rules." - State Surgeon General Scott A Rivkees, Executive Order (3/16/20)
"For purposes of preparing for, responding to, and mitigating any effect of COVID-19, qualified physicians under section 381.986, Florida Statutes [medical use of marijuana], may issue a physician certification only for an existing qualified patient with an existing certification that was issued by that qualified physician without the need to conduct a physical examination while physically present in the same room as the patient." - State Surgeon General Scott A Rivkees, Executive Order (3/16/20)
"For purposes of preparing for, responding to, and mitigating any effect of COVID-19, physicians, osteopathic physicians, physician assistants, and advanced practice registered nurses licensed in Florida that have designated themselves as a controlled substance prescribing practitioner pursuant to section 456.44, may issue a renewal prescription for a controlled substance listed as Schedule II, Schedule III, or Schedule IV under chapter 893 only for an existing patient for the purpose of treating chronic nonmalignant pain without the need to conduct a physical examination of the patient. These practitioners may only substitute telehealth services for the physical examination." - State Surgeon General Scott A Rivkees, Executive Order (3/16/20)
"For the purposes of preparing for, responding to, and mitigating any effect of COVID-19, the provisions of chapters 499 and 465, Florida Statutes, and rules promulgated thereunder, that if applied, would operate to limit distribution, dispensing, or administration of otherwise legitimate prescription drugs in a manner that could hinder, prevent, or delay mitigation of any health-related condition are suspended for a period of thirty days, unless extended."- State Surgeon General Scott A Rivkees, Executive Order (3/16/20)
Florida - Allowing delivery and takeout of alcohol
"The restriction in section 561.20(2)(a)4., Florida Statutes, prohibiting a specially licensed food service establishment from selling package sales of alcohol for delivery, take-out or consumption off-premises is suspended for restaurants complying with Executive Order 20-68..." - Office of Governor Ron DeSantis (3/20/2020)
Florida - Local governments may use telecommunication for meetings
"I hereby suspend any Florida Statute that requires a quorum to be present in person or requires a local government body to meet at a specific public place... Local government bodies may utilize communications media technology, such as telephonic and video conferencing…" - Office of Governor Ron DeSantis (3/20/2020)
Florida - Re-employment of essential personnel
"I hereby declare that certain FRS employees who have retired since October 1, 2019, or who may retire prior to or on August 1, 2020 under a state administered retirement system (i.e., FRS Pension Plan service retirement or Deferred Retirement Option Program (""DROP""), FRS Investment Plan, State University System Optional Retirement Program, Community College System Optional Retirement Program, and Senior Management Service Optional Retirement Program), may have the requirements of Section 121.091(9), F.S., tolled for completion of the 6-month termination period and the 7th-12th month re-employment limitation period if the re-employment or continued employment assists the COVID-19 emergency response. Any other statutory provision or implementing regulation limiting such re-employment shall also be suspended." - Office of Governor Ron DeSantis (3/30/2020)
Florida - Expanding telehealth services
"A. I suspend the relevant portions of section 110. 123, Florida Statutes, and direct the Secretary of the Department of Management Services to amend the state employee health benefits plan documents effective immediately through the expiration of Executive Order 20-52, including any extensions, to include telehealth services at no additional cost to employees. B. I suspend the relevant portions of section 110.12315, Florida Statutes, and direct the Secretary of the Department of Management Services to amend the state employee pharmacy benefits plan documents effective immediately through the expiration of Executive Order 20-52, including any extensions, to include telehealth services, as appropriate, to employees participating in the SOI plan. C. I hereby direct the Department of Management Services, Division of State Group Insurance, to ensure that all state employees have access to telehealth services through the state's contracted HMO plans and PPO organization plan without cost sharing effective immediately through the expiration of Executive Order 20-52, including any extensions." - Office of Governor Ron DeSantis (3/26/2020)
Florida - Allowing food trucks to operate at rest areas
"Florida will now allow food trucks to operate at select rest stops, after a Channel 3 investigation found that the state was behind on a national effort to keep truckers fed and on schedule during this coronavirus pandemic." - Channel 3 WEAR TV (4/8/2020)
Georgia - Allowing charity to provide food to students in need
"Despite the selfless services that MUST Ministries provides, last year, government regulators stepped in and informed the charity that they can longer run the summer lunch program in the manner that they were accustomed.... Thanks to coronavirus, schools are temporarily closed across Georgia to contain COVID-19’s spread. The negative byproduct of this is that many underserved children, who would otherwise receive school lunches, now risk going hungry. To the government’s credit, schools are planning to somehow provide kids these lunches. According to 11Alive News, “To continue to support Cobb students while schools are closed, the Cobb County School District is partnering with MUST Ministries to provide food to students in need.”" - All On Georgia (3/19/20)
Georgia - Allowing 90-day supply of prescription drugs and early refill prescriptions
"That all licensed Georgia pharmacists are hereby permitted to dispense a 90-day supply of prescription drugs… all licensed Georgia pharmacists are hereby permitted to dispense early refill prescriptions for prescription drugs." - Office of Governor Brian Kemp (3/20/20) [EO - Reducing Regulations to Assist the State’s Response to the Spread of COVID-19]
Georgia - Suspension of certificate on need laws for projects aimed at fighting COVID-19
"That the Department of Community Health is authorized and directed to implement the suspension of Code Section 31-6-40 [Certificate of need required for new institutional health services] where such suspension would permit capable facilities to expand capacity, offer services, or make expenditures necessary to assist with the needs of this Public Health State of Emergency... That the Commissioner of the Department of Community Health or his designees is authorized and directed to implement waivers of those rules and regulations necessary to prohibit the prevention, hindrance, or delay of necessary action..." - Office of Governor Brian Kemp (3/20/20) [EO - Reducing Regulations to Assist the State’s Response to the Spread of COVID-19]
Georgia - Pharmacist license reciprocity
"That the Georgia Board of Pharmacy is authorized to grant temporary licenses to pharmacists who apply… and are currently licensed in good standing as a pharmacist by an equivalent board in another state…" - Office of Governor Brian Kemp (3/20/20) [EO - Reducing Regulations to Assist the State’s Response to the Spread of COVID-19]
Georgia - Exam requirements waived for registered nurses
"That the Georgia Board of Nursing is authorized to grant temporary licenses to practice… to graduate registered nurses and graduate practical nurses who have yet to take their respective licensing exam." - Office of Governor Brian Kemp (3/23/20) [EO - Expanding temporary licensing of certain medical professions to assist the State's response to the spread of COVID-19]
"Administrative rules which prohibit the practice of medicine, surgery, osteopathic medicine, and osteopathic surgery, by a licensee whose license is inactive or lapsed shall not be enforced." - Office of Governor Brian Kemp (3/23/20) [EO - Expanding temporary licensing of certain medical professions to assist the State's response to the spread of COVID-19]
Georgia - Allowing remote notarization
"Any purported requirement under the laws of this state that the attestation of a recordable instrument… must occur in the physical presence of the notary public may be satisfied by the use of real-time audio-visual communication technology or any similar real-time means of electronic video conferencing..." - Office of Governor Brian Kemp (3/31/20) [EO - Authorizing the use of real-time audio-visual communication technology to assist in notarizing real estate documents]
Georgia - Pharmacy technicians and pharmacists allowed to process prescriptions remotely
"That the Georgia State Board of Pharmacy is authorized and directed… to the extent necessary to allow pharmacy technicians and pharmacists to complete computer-based processing of prescriptions at alternative locations, including from the residence of the pharmacy technician or pharmacists." - Office of Brian Kemp (3/31/20) [EO - Providing pharmacy technicians and pharmacists with options for handling the computer-based processing of prescriptions during the COVID-19 Public Health State of Emergency]
"That the State Board of Education is authorized to waive state rules, regulations, policies, and procedures… without such waiver being first requested by a local board of education." - Office of Governor Brian Kemp (3/27/20) [EO - Authorizing the State Board of Education to waive certain state rules, regulations, policies, procedures, and provisions to assist in the State's response to COVID-19]
Georgia - Extending expirations of weapons carry licenses
"That the requirement under Code Section 16-11-129 that renewals of weapons carry licenses and renewal licenses must be applied for within thirty (30) days after the expiration of such licenses, is hereby suspended for weapons carry licenses and renewal licenses which expire between February 13, 2020 and June 12, 2020." - Office of Governor Brian Kemp (5/8/2020) [EO - Temporarily extending the thirty-day renewal requirement for Georgia Weapons Carry Licenses]
Hawaii - Allows physicians to prescribe controlled substances via telehealth
"Suspension of the following laws: Section 329-41 (a)(8), HRS, prohibited acts B - penalties, for the sole and limited purpose of enabling authorized physicians practicing telehealth as provided in section 453-1.3, HRS, to issue prescriptions for controlled substances." - Office of Governor David Ige (3/23/20)
Hawaii - Extending effective period of registration for the medical use of cannabis
"Suspension of the following laws: Part IX of chapter 329, HRS, medical use of cannabis, to the extent necessary to allow the Department of Health to extend effective period of registration for qualifying patients and primary caregivers with registration cards with expiration dates in March and April for sixty (60) days." - Office of Governor David Ige (3/23/20)
"Suspension of the following laws: Sections 329-32(a), 329-33(a), 329-38.2, HRS, uniform controlled substances act, and related administrative rules, to the extent necessary to allow out-of-state physicians and nurses to dispense (including prescribing and administering) controlled substances without having to register in Hawai‘i, as contemplated in the United States Drug Enforcement Administration’s COVID-19 Policy Concerning Separate Registration Across State Lines dated March 25, 2020." - Office of Governor David Ige (3/29/20)
Hawaii - Regulatory relief for child care facilities, child care licensing
"Suspension of the following laws: Chapter 346, HRS, Part VIII, child care, and related administrative rules for child care licensing and subsidies, to the extent necessary such that the Director of the Department of Human Services, in his sole discretion and for the purpose of assisting those in need, may suspend fingerprinting requirements; suspend the requisite staffing configurations and the number of children per adult ratio for a child care establishment; suspend eligibility and other requirements for family units impacted by an emergency; disregard emergency related benefits in calculating child care subsidies; suspend application deadlines for child care subsidies; allow for redeterminations of eligibility and monthly payment amounts within 3 of 5 the eligibility period; and suspend subsidy payments for longer than one month when a payment amount is determined to be zero." - Office of Governor David Ige (3/29/20)
Hawaii - Expanding access to telehealth services
"Suspension of the following laws: Section 453-1.3, HRS, practice of telehealth, to the extent necessary to allow individuals currently and actively licensed pursuant to chapter 453, HRS, to engage in telehealth without an in-person consultation or a prior existing physician-patient relationship; and to the extent necessary to enable out-of-state physicians, osteopathic physicians, and physician assistants with a current and active license, or those who were previously licensed pursuant to chapter 453, HRS, but who are no longer current and active, to engage in telehealth in Hawai‘i without a license, inperson consultation, or prior existing physician-patient relationship, provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, or clinical laboratory." - Office of Governor David Ige (3/29/20)
"Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that during the pendency of the Emergency Proclamations, health care facilities, as defined in section 1 of this Executive Order, that in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death or injury to persons, or property damage alleged to have been caused by any act or omission by the health care facility, which death of or injury to persons, or property damage occurred at a time when the health care facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak... Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that during the pendency of the Emergency Proclamations, health care professionals, as defined in section 1 of this Executive Order, who in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death or injury to persons, or property damage alleged to have been caused by any act or omission by the health 4 of 5 care professional, which death of or injury to persons, or property damage occurred at a time when the health care professional was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak..." - Office of Governor David Ige (4/16/2020)
"The suspension of the following laws, as allowed by federal law, pursuant to section 127A-13(a)(3), Hawaii Revised Statutes (HRS)...: Section 457-7, HRS, registered nurses; qualifications; licenses; fees; title; existing licensed nurses; verification of licenses; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of nursing education programs approved by the State Board of Nursing, within 180 days following graduation, to be employed to practice nursing 4 of 11 under the supervision of a registered nurse, with the endorsement of the employing health care facility." - Office of Governor David Ige (4/16/2020)
"The suspension of the following laws, as allowed by federal law, pursuant to section 127A-13(a)(3), Hawaii Revised Statutes (HRS)...: Section 457-8.5, HRS, advanced practice registered nurse; qualifications; licensure; endorsement; fees; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of an accredited graduate level education program preparing the nurse for one of the four recognized advanced practice registered nurse roles licensed by the State Board of Nursing, within 180 days following graduation, to be employed to practice as an advanced practice registered nurse, with the endorsement of the employing health care entity." - Office of Governor David Ige (4/16/2020)
"The suspension of the following laws, as allowed by federal law, pursuant to section 127A-13(a)(3), Hawaii Revised Statutes (HRS)...: Section 461-9(a), HRS, pharmacist in charge; pharmacy personnel, and Sections 16-95-79(a), HAR, supervision by a registered pharmacist, and 16-95-80(a), HAR, physical presence of a registered pharmacist, to the extent necessary to allow a registered pharmacist currently and actively licensed pursuant to chapter 461, HRS, or pharmacy intern currently and actively permitted by the board, to fill, compound, or receive prescriptions by remote data entry." - Office of Governor David Ige (4/16/2020)
"The suspension of the following laws, as allowed by federal law, pursuant to section 127A-13(a)(3), Hawaii Revised Statutes (HRS)...: Chapter 457G-1.4, HRS, license required, and 457G-1.5, practice of occupational therapy, to the extent necessary to allow out-of state occupational therapists and occupational therapy assistants with current and active licenses... Chapter 461J-2, HRS, practice of physical therapy; qualifications, chapter 461J-6, HRS, permanent licenses, and chapter 16-110-20, HAR, requirements for permanent physical therapist license... Chapter 466D-3, HRS, license required, and chapter 466D-9, HRS... Chapter 466J-4, HRS, licenses required, chapter 466J-5, HRS, radiographers, radiation therapists, and nuclear medicine technologists, qualifications and licenses, chapter 11-44-3, HAR, licenses required, chapter 11-44-4, HAR... Chapter 468E-3, HRS, practice as speech pathologist or audiologist; title or description of services, chapter 468E-4, HRS, persons and practices not affected, chapter 468E-8, HRS, license, chapter 16-100-12, HAR, registration required, and chapter 16-100-16, HAR, general requirements, to the extent necessary to allow an out-of state [providers] with a current and active license, or those previously licensed... but who are no longer... current and active, to practice in Hawai‘i without a license..." - Office of Governor David Ige (4/16/2020)
Hawaii - Allowing remote marriage
"The suspension of the following laws, as allowed by federal law, pursuant to section 127A-13(a)(3), Hawaii Revised Statutes (HRS)...: Section 572-6, HRS, application; license; limitations, to the extent necessary to suspend the requirement that persons applying for a marriage license shall appear personally before an agent authorized to grant marriage licenses. During the time that this emergency order is effective, persons applying for a marriage license may appear by synchronous, real-time, interactive audio and video telecommunications before an agent authorized to grant marriage licenses." - Office of Governor David Ige (4/16/2020)
"The waivers will increase the capacity of Idaho’s healthcare system by broadening the use of telehealth and removing barriers on out-of-state providers treating Idaho patients through telehealth technology." - Office of Governor Brad Little (3/23/20)
Idaho - Allowing inactive/retired health care providers expedited licensure
"The waivers... streamline the licensure of nurses and physicians, allowing inactive or retired providers to come back into the profession more quickly and easily." - Office of Governor Brad Little (3/23/20)
Idaho - Expanding scope of practice for Physician Assistants (PAs)
"The waivers… also remove restrictions so that physician assistants can be fully engaged as part of the medical team." - Office of Governor Brad Little (3/23/20)
Idaho - Allowing emergency refill of up to 90 days for existing medications
"The waivers also enhance the care for Idaho patients by ensuring each Idahoan can access their chronic medications – such as those for diabetes -- by allowing emergency refill of up to 90 days for existing medications." - Office of Governor Brad Little (3/23/20)
Idaho - Extending tax deadlines
"Idaho citizens and businesses now have until June 15, 2020, to file their state income taxes and make any state income tax payments and apply for the Property Tax Reduction, Property Tax Deferral, and 100% Service-connected Disabled Veteran Benefit programs." - Office of Governor Brad Little (3/23/20)
Idaho - Expanding access to telehealth services
"Governor Brad Little announced today the suspension of an additional 18 regulations to more quickly, efficiently, and safely respond to Idaho's coronavirus emergency... The Governor's latest action ensures citizens have greater access to telehealth and medical professionals can more easily obtain necessary licenses to quickly engage in the response effort." - Office of Governor Brad Little (4/2/2020)
Idaho - Suspending licensure requirements for out-of-state telehealth providers
"For example, the waivers suspend licensure requirements for out of state telehealth providers…" - Office of Governor Brad Little (4/24/2020)
"This executive order applies to the following regulations: a. All regulations listed as temporarily suspended in the Appendix to Proclamation Signed by Governor Little on June 11, 2020; and b. All additional regulations waived, suspended, or otherwise altered by stale agencies using the existing authority listed within their current administrative rules from March 1, 2020, through June 11, 2020. c. This executive order does not apply to regulations that were waived to facilitate a onetime delay to a deadline that occurred during the declared emergency, such as lempora,y delay to a license renewal deadline, or those that have an adverse fiscal impact on the state 's General Fund. 2. Each state agency responsible for such regulations shall: a. If a statute, submit a legislative idea through the Executive Agency Legislation System (EALS) process to the Division of Financial Management (DFM) no later than July 10, 2020. b. If an administrative rule, submit a notice of intent to promulgate rules through the Administrative Rules Review Form (ARRF) to DFM no later than July 24, 2020 for publication in the September 2020 edition of the Idaho Administrative Bulletin. 3. Regulations submitted/or publication under this executive order are exempt from the rules moratorium under Executive Order 2020-0 l, Zero-Based Regulation, as long as the final product is limited to removing the regulation originally waived during COVID-19." - Office of Governor Brad Little (6/22/2020)
"The following entities, as set forth in 67-2601(2), are assigned to the Division of Occupational and Professional Licenses, in addition to those assigned to it by statute: a. Board of accountancy; b. Board of dentistry; c. Board of licensure of professional engineers and professional land surveyors; d. Board of medicine; e. Board of nursing; f. Outfitters and guides licensing board; Board of pharmacy; h. Real estate commission; i. Board of veterinary medicine; j. Division of building safety and its constituent boards... 2. The Division of Occupational and Professional Licenses shall be organized into the following three categories each led by a section chief appointed by the Division Administrator: a. Building, Construction, and Real Estate; b. Occupational Licenses: and c. Health Professions." - Office of Governor Brad Little (6/3/2020)
Idaho - Allowing food trucks to operate at rest areas
"An emergency exemption by the Idaho Transportation Department will allow permitted food trucks to set up at rest areas and offer hot meals to truck drivers and other travelers.
“We heard truck drivers were having difficulties finding hot meals with the restrictions placed on nonessential businesses during the stay-at-home order,” said Nestor Fernandez, ITD’s Mobility Services Engineer. “Our goal is to support them as best as we can during this pandemic, especially long-haul drivers delivering goods across the U.S.”" - Idaho Transportation Department (4/16/2020)
Illinois - Inactive health care providers allowed to practice
"During the duration of the Gubernatorial Disaster Proclamation, the provisions in the Healthcare Worker Background Check Act, 225 ILCS 46/33(g), that prohibit an individual from being hired to work as a certified nursing assistant if they have been inactive on the Health Care Worker Registry are suspended if the individual (1) has been in inactive status for a period of no more than 5 years, (2) was in good standing at the time they became inactive, and (3) completes and submits any forms required by the Department of Public Health." - Office of Governor J.B. Pritzker (3/24/20)
Illinois - Monthly coal mine examinations suspended
"During the duration of the Gubernatorial Disaster Proclamation, the provision of the Coal Mining Act, 225 ILCS 705/8.06, requiring the Miners’ Examining Board to hold an examination once in each calendar month, is suspended." - Office of Governor J.B. Pritzker (3/24/20)
Illinois - The license of a funeral director and embalmer intern may be renewed more than twice
"During the duration of the Gubernatorial Disaster Proclamations, section 10-35 of the Funeral Directors and Embalmers Licensing Code, 225 ILCS 41/10-35, stating that no license of a funeral director and embalmer intern shall be renewed more than twice, is suspended. Licensees must meet all other requirements for renewal as set forth by the Department of Financial and Professional Regulation." - Office of Governor J.B. Pritzker (4/7/20)
Illinois - Allowing remote notarization
"During the duration of the Gubernatorial Disaster Proclamation related to the outbreak of COVID-19, the requirement that a person must “appear before” a Notary Public commissioned under the laws of Illinois pursuant to the Illinois Notary Act, 5 ILCS 312/6-102, is satisfied if the Notary Public performs a remote notarization via two-way audio-video communication technology, provided that the Notary Public commissioned in Illinois is physically within the State while performing the notarial act and the transaction follows the guidance posted by the Illinois Secretary of State on its website." - Office of Governor J.B. Pritzker (3/26/20)
Illinois - Allowing curbside medical marijuana sales
"The Division has granted a variance to Section 1290.410(c)(5) of the administrative rules made pursuant to the Compassionate Use of Medical Cannabis Program Act. The purpose of this Variance is to allow cannabis dispensaries to dispense cannabis outside of the limited access area... The exchange of cash and product must take place on the dispensary’s property or on a public walkway or at the curb of the street adjacent to the dispensary." - Illinois Department of Public Health (3/17/20)
Illinois - Tax break on alcohol being used to create hand sanitizer
"With many Illinois-based distillers shifting operations to produce needed hand sanitizer during the COVID-19 outbreak, the Illinois Department of Revenue (IDOR) is ensuring any alcohol purchases made for production be tax-exempt. Normally, distillers incur a tax liability based on the amount and strength of alcohol used in distillation. Last night, IDOR sent distillers guidance on how to claim a tax deduction on their alcohol purchases to remove any tax liability." - Illinois Department of Revenue (4/8/20)
Illinois - Allows remote marriage
"To obtain a marriage license, couples may appear before the county clerk and conduct a marriage ceremony using two-way audio-video communication technology, if certain conditions are met. Suspends the requirement that a fully executed marriage license must be submitted to the county clerk within 10 days. Suspends the requirement that a marriage license becomes effective one day after the date of issuance." - Governor JB Pritzker (5/1/2020)
Illinois - Suspends nursing home regulations
"Suspends provisions in the Assisted Living and Shared Housing Act, the Nursing Home Care Act and the Community Care Act. For example, suspends IDPH conducting an on-site review at each facility annually. IDPH will continue to conduct on-site reviews to the extent feasible. Suspends provisions regarding pest control, milk production, mobile homes, body piercing and speech language pathology." - Governor JB Pritzker (5/1/2020)
"Suspends certain requirements, including the need for an adult use cannabis dispensing organization agent to obtain an agent identification card from IDFPR prior to beginning work at a dispensary and the need for a medical or adult use cannabis dispensing organization agent to keep an agent identification card visible at all times when in the dispensary." - Governor JB Pritzker (4/30/2020)
Illinois - Suspends certain professional educator and high school education requirements
"Suspends provisions in the teacher preparation programs. Suspends requiring internships for endorsements on professional educator licenses. Suspends requiring certain courses as a prerequisite to receiving a high school diploma for twelfth grade students who are unable to complete coursework as a result of the suspension of in-person instruction due to COVID-19." - Governor JB Pritzker (4/24/2020)
"Suspends certain provisions in the Illinois Insurance Code that require in-person education and/or exams within a certain time frame in order to maintain or obtain a professional insurance license." - Governor JB Pritzker (4/20/2020)
"Suspends the provision in the Radiation Protection Act of 1990 that limits the validity of industrial radiography certifications to five years and industrial radiography trainee certifications to two years. Industrial radiography certifications and industrial radiography trainee certifications that have expired or will expire may be extended." - Governor JB Pritzker (4/20/2020)
Illinois - Allows flexibility in hospital capacity
"IDPH shall exercise discretion enforcing certain regulations. Suspends specific provisions in the Hospital Licensing Act, the Hospital Report Card Act, the Department of Public Health Powers and Duties Law, the Illinois Adverse Health Care Events Reporting Law of 2005, and the Emergency Medical Services (EMS) Systems Act. Hospitals licensed by IDPH or the State of Illinois may establish an ACF to provide room and board, nursing, and diagnosis or treatment to patients to increase regional hospital capacity." - Governor JB Pritzker (4/16/2020)
"Hospitals that continue to cancel or postpone all elective surgeries or procedures in order to respond to the COVID-19 outbreak, or Health Care Professionals providing service in such a Hospital, shall be immune from civil liability for any injury or death alleged to have been caused by any act or omission by the Hospital or Health Care Professional, which injury or death occurred at a time when a Hospital or Health Care Professional was rendering assistance to the State in response to the COVID-19 outbreak by providing health care services consistent with current guidance issued by IDPH. Pursuant to Sections 15 and 21(b)-(c) of the IEMA Act, 20 ILCS 3305/15 and 21(b)-(c), I direct that during the pendency of the Gubernatorial Disaster Proclamations, Hospitals that conduct elective surgeries or procedures beginning on or after May 11, 2020, or Health Care Professionals providing services in such a Hospital, shall be immune from civil liability for any injury or death relating to the diagnosis, transmission, or treatment of COVID-19 alleged to have been caused by any act or omission by the Hospital or the Health Care Professional, which injury or death occurred at a time when a Hospital or Health Care Professional was rendering assistance to the State in response to the COVID-19 outbreak by providing health care services consistent with current guidance issued by IDPH." - Office of Governor JB Pritzker (5/13/2020)
"Pursuant to Sections 15 and 21(b)-(c) of the IEMA Act, 20 ILCS 3305/15 and 21(b)-(c), I direct that during the pendency of the Gubernatorial Disaster Proclamations, Health Care Facilities or Health Care Professionals providing services in a Health Care Facility, shall be immune from civil liability for any injury or death relating to the diagnosis, transmission, or treatment of COVID-19 alleged to have been caused by any act or omission by the Health Care Facility or the Health Care Professional, which injury or death occurred at a time when a Health Care Facility or Health Care Professional was rendering assistance to the State in response to the COVID-19 outbreak by providing health care services consistent with current guidance issued by IDPH. This section is inapplicable if it is established that such injury or death was caused by gross negligence or willful misconduct of such Health Care Facility or Health Care Professional, if 20 ILCS 3305/15 is applicable, or by willful misconduct, if 20 ILCS 3305/21 is applicable. Pursuant to Section 21(c) of the IEMA Act, 20 ILCS 3305/21(c), and the Good Samaritan Act, 745 ILCS 49, I direct that during the pendency of the Gubernatorial Disaster Proclamations, any Health Care Volunteer, as defined in Section 1 of this Executive Order, shall be immune from civil liability for any injury or death alleged to have been caused by any act or omission by such Health Care Volunteer, which injury or death occurred at a time when the Health Care Volunteer was rendering assistance to the State in response to the COVID-19 outbreak by providing services, assistance, or support consistent with current guidance issued by IDPH. This section is inapplicable if it is established that such injury or death was caused by willful misconduct of such Health Care Volunteer." - Office of Governor JB Pritzker (5/13/2020)
Illinois - Suspends requiring an in-person creation of a sports wagering account
"During the duration of the Gubernatorial Disaster Proclamations, the provisions in the Sports Wagering Act, 230 ILCS 45/25-30(f), 25-35(f), and 25-40(i), requiring in-person creation of a sports wagering account at a facility authorized pursuant to the Act in order to participate in sports wagering offered over the internet or through a mobile application, are suspended." - Office of Governor JB Pritzker (6/4/2020)
Indiana - Waives certificate of need requirements for nursing homes
"The State Health Commissioner is authorized to waive the requirements of the nursing home certificate of need statute, as the Commissioner deems necessary to respond to COVID-19 issues for nursing homes and on terms and conditions appropriate for each situation." - Office of Governor Eric Holcomb (3/19/20)
Indiana - Temporary blanket waivers for comprehensive care facilities
A series of executive orders grant dozens of waivers for paper work requirements, training requirements, personnel testing requirements, etc. for comprehensive care facilities. - Office of Governor Eric Holcomb (3/2020)
Indiana - Waives requirements for pre-approval of care spaces
"Waives requirement of pre-approval for hospitals converting non-isolation rooms to isolation rooms, so long as they send notice to ISDH and request an inspection. Waives requirement of pre-approval for hospitals converting unused or unlicensed space to temporary patient rooms. Specifies that room and units previously approved but not in current use may be operationalized without review or inspection." - Office of Governor Eric Holcomb (3/21/20)
Indiana - Loosened regulations on APRNs' ability to practice in certain areas
"Waives requirement for Indiana APRNs to maintain multiple practice agreements for additional practice locations during the emergency." - Office of Governor Eric Holcomb (3/19/20)
Indiana - Extending tax deadlines
"The deadline of May 15, 2020, for submitting business personal property returns… is suspended and the deadline is extended until Monday, June 15, 2020." - Office of Governor Eric Holcomb (4/23/2020)
Indiana - Waiving in-person designation of health care representatives
"The provisions in Ind. Code… requiring a healthcare representative appointment be signed in the presence of the person making the appointment when the appointment is signed by a designee is waived when the person making the appointment is a COVID-19 patient..." - Office of Governor Eric Holcomb (4/23/2020)
Indiana - Temporary licensure of recent pharmacy student graduates
"If a pharmacy student has successfully completed all required course work at an accredited school, has applied for licensure, and has supplied PLA a certificate of completion… the provisions… requiring the NAPLEX and MPJE exams be taken and a background check being completed, will be suspended." - Office of Governor Eric Holcomb (4/15/2020)
Indiana - Suspending certain in-person education requirements
"To the extent in-person or live continuing education requirements cannot be met for calendar year 2020 due to social distancing requirements imposed under the public health emergency or to the cancellation or postponement of courses during the public health emergency, any credit-hour limitations on distance education courses... are waived." - Office of Governor Eric Holcomb (4/15/2020)
Indiana - Allows home health agencies to accept home health orders
"Ind. Code… is waived to allow a home health agency to accept written orders for home health services from any licensed physician, nurse practitioner, clinical nurse specialist or physician assistant acting within the scope of his or her practice authorized under state law." - Office of Governor Eric Holcomb (4/7/2020)
"Individuals who seek to provide health care in the State of Indiana in response to this public health emergency who are not currently licensed or certified to practice in the state, either because their Indiana license or certification is no longer active or they are licensed or certified by another state, may obtain temporary authorization to provide health care services..." - Office of Governor Eric Holcomb (4/7/2020)
Indiana - Allowing alcohol delivery and takeout
"Suspend the provisions of Ind. Code… to the extent it prohibits the fill, refill and carryout of alcoholic beverages in bottles or containers--thereby allowing holders of on-permises permits to sell alcoholic beverages for carryout consumption and permit the filling of a container by the holder of a beer retailer's permit..." - Office of Governor Eric Holcomb (3/23/2020)
Indiana - Exempting commercial vehicles aiding in COVID-19 relief from hours of service restrictions
"Motor carriers and drivers of commercial vehicles traveling in or through the State of Indiana and who are delivering food, goods and items to Indiana businesses and entities for purchase or use by Hoosiers as well as delivery of items for emergency preparedness and relief supplies/services are exempt from regulations restricting their hours of services..." - Office of Governor Eric Holcomb (3/13/2020)
Indiana - Expanding access to COVID-19 test results by health care providers
"In order to expedite and facilitate health care provider access to COVID-19 test results for their patients, Ind. Code 16-41-8-1 is waived to the extent necessary to allow the Indiana Health Information Exchange, Inc. to receive COVID-19 information in the Indiana Network for Patient Care database from the ISDH." - Office of Governor Eric Holcomb (5/8/2020)
Indiana - Allowing food trucks to operate at rest areas
"INDOT has launched a program to allow licensed food truck drivers and vendors to set up at a rest area throughout the state,” said Debbie Calder. She is the Communications Director for the Indiana Department of Transportation. It's a temporary program that will help essential travelers who are dealing with a limited availability of food due to COVID-19 restaurant restrictions." - WLFI News 18 (4/9/2020)
"I temporarily suspend the regulatory provisions... to the extent that they require a minimum number of hours of field experience if the higher education institution providing practitioner preparation program determines that the student has completed sufficient field experience to determine that the student should be recommended for licensure." - Office of Governor Kim Reynolds (3/17/20)
"I temporarily suspend the regulatory provisions... implementing administrative rules which prohibit the practice of medicine and surgery, osteopathic medicine and surgery, nursing, respiratory care, and practice as a physician assistant, by a licensee whose license is inactive or lapsed. Suspension of these provisions is limited to licenses which have lapsed or expired within the five (5) years prior to this Proclamation..." - Office of Governor Kim Reynolds (3/17/20)
Iowa - Waiving certificate of need requirements for hospital beds
"Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code §§ 135.61 through 135.73 requiring an institutional health facility to obtain a certificate of need prior to operating additional bed capacity. Suspension of these provisions is limited to the duration of this proclamation and is further limited to the provision of medical assistance and treatment of victims of this public health emergency." - Office of Governor Kim Reynolds (3/17/20)
Iowa - Expanding access to telehealth services
"Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 147.137 and Iowa Admin. Code rule 653-13.11, rule 641-155.2, and other implementing administrative rules establishing preconditions, limitations, or restrictions on the provision of telehealth or telemedicine services, and I temporarily suspend the regulatory provisions of Iowa Admin. Code rules 641-155.21(19) and 155.23(4) and other administrative rules which require face-to-face interactions with health care providers and impose requirements for residential and outpatient substance use disorder treatment and for face-to-face visitations." - Office of Governor Kim Reynolds (3/17/20)
Iowa - Suspending oversize/overweight and hour limits for vehicles assisting in relief
"Pursuant to Iowa Code §29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 321.463 (6) (a) and (b) and 321E.29 and Iowa Admin. Code chapter 761-511, to the extent that those provisions restrict the movement of oversize and overweight loads of food, medical supplies, cleaning products, and other household goods, and require a permit to transport such loads.Pursuant to Iowa Code § 29C.6 (6) and 49 CFR § 390.23, I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.449 pertaining to hours of service of motor carriers and drivers of commercial motor vehicles, while transporting vaccines, antivirals, prescription drugs, protective equipment, and other necessary medical assets." - Office of Governor Kim Reynolds (3/17/20)
Iowa - Allows more flexibility in nurses' scope of practice
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-51.9(1), requiring the clear definition of authority, responsibility, and function of each nurse, to the extent that there is evidence that each nurse has been assessed competent in any area where they function." - Office of Governor Kim Reynolds (4/10/20)
Iowa - Staffing requirements for nursing services loosened
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-51.9(8), requiring the nursing service to have adequate numbers of licensed registered nurses, licensed practical nurses, and other personnel to provide nursing care, to the extent that the hospital has made all reasonable efforts to maintain sufficient staffing levels." - Office of Governor Kim Reynolds (4/10/20)
Iowa - Regulatory standards for hospital construction suspended
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-51.50, requiring minimum standards of construction for hospitals, to the extent that the Department of Inspections and Appeals and State Fire Marshal’s Office have approved the location as one that sufficiently addresses safety and comfort for patients and staff." - Office of Governor Kim Reynolds (4/10/20)
Iowa - Suspends requirement for food establishments to renew license within 60 days of expiration
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code § 137F.4 and Iowa Admin Code rule 481-30.3(6) requiring a food establishment renew its license within 60 days of expiration." - Office of Governor Kim Reynolds (4/10/20)
Iowa - Suspending requirement of in-person EMS clinical experience
"Pursuant to Iowa Code § 29C.6(6), and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin. Code rule 641-131.5(1) to the extent those provisions require in-person clinical experience, so long as alternative evaluation methods are used including but not limited to scenarios, case studies, or simulations. I hereby direct the Department to provide guidance to training programs regarding the effect of these suspensions." - Office of Governor Kim Reynolds (4/24/2020)
Iowa - Suspending requirement for NREMT practical examination for state EMS certification
"Pursuant to Iowa Code § 29C.6(6), and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin. Code rule 641-131.4(1)(f) to the extent those provisions require successful completion of the NREMT practical examination to be eligible for state certification, if the department determines that the candidate has completed the cognitive examination and should be granted an emergency certification to practice in accordance with any guidance issued by the department. I hereby direct the department to provide additional guidance to candidates for certification regarding the effect of these suspensions." - Office of Governor Kim Reynolds (4/24/2020)
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Admin. Code rule 641-131.5(10)(d), requiring training programs meet certain standards and guidelines in applying to the department, to the extent a training program cannot comply with applicable requirements due to this disaster emergency." - Office of Governor Kim Reynolds (4/24/2020)
Iowa - Allowing out-of-state healthcare providers to provide services via telehealth
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code §§ 147.2, 148B.8, and 154B.4, and Iowa Admin. Code r. 645-201.3(4) and 645-208.3(4), to the extent that they require out-of-state physical therapists, physical therapist assistants, occupational therapists, occupational therapy assistants, speech pathologists, audiologists, optometrists, podiatrists, psychologists, dietitians, hearing aid specialists, physician assistants, behavior analysts, assistant behavior analysts, orthotists, pedorthists, and prosthetists who hold an active license in another state to be licensed in Iowa to provide services by telephone or other electronic means to individuals in the State of Iowa." - Office of Governor Kim Reynolds (4/24/2020)
Iowa - Waiving examination requirements for initial licensure as a dentist or dental hygienist
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Admin. Code rules 650-1-1.2, 650-11.5, 650-12.1, and 650-12.4 to the extent an applicant is required to complete specific examinations as a prerequisite for initial licensure as a dentist or dental hygienist, if the dental board determines that the applicant has completed sufficient education and should be granted a temporary license to practice in accordance with any guidance issued by the board. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct the dental board to provide additional guidance to applicants regarding the effect of this suspension, including guidance on obtaining a temporary license." - Office of Governor Kim Reynolds (4/24/2020)
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Administrative Code rule 641-15.12(1), to the extent it requires a $25 penalty for each month or fraction thereof that the registration for a swimming pool or spa is not received by the Department of Public Health by April 30 or the first business day thereafter if the pool is closed during the month. I hereby direct the Department to issue a refund to any owner having already paid a penalty under this rule for the registration period that began on May 1, 2020." - Office of Governor Kim Reynolds (5/20/2020)
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Administrative Code rule 281-31.3(3)(a), requiring face-to-face contact between children receiving competent private instruction from privately retained licensed practitioners and those practitioners... Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Administrative Code rule 281-31.4(3)(a), requiring face-to-face contact between children receiving competent private instruction from home school assistance program teachers and those teachers." - Office of Governor Kim Reynolds (5/6/2020)
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code sections 299A.3 and 299A.4, and Iowa Administrative Code rules 281-31.8 and 281-31.9, which require an annual assessment of children receiving competent private instruction and setting deadlines for reporting of assessment results." - Office of Governor Kim Reynolds (5/6/2020)
Iowa - Lifting examination deadline requirements of initial licensure for architects
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code § 544A.8 and Iowa Admin. Code rule 193B-2.3 establishing examination deadlines as a condition of initial licensure for architects. I hereby direct the Architectural Examining Board to provide additional guidance to applicants for initial licensure regarding the effect of these suspensions." - Office of Governor Kim Reynolds (5/6/2020)
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code §§ 543B.15(7) and 543B.15(8), establishing certain deadlines to complete education requirements prior to examination for initial licensure for real estate salespersons and real estate brokers. I hereby direct the Real Estate Commission to provide additional guidance to applicants for initial licensure regarding the effect of these suspensions." - Office of Governor Kim Reynolds (5/6/2020)
Iowa - Suspending requirement for a licensee to file annual reports
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code §§ 536.11(2), 536A.14(1), and 537.2304 (2), and Iowa Admin. Code rules 187-15.12, 187-16.2(1), 187-17.12, 187-19.7, requiring a licensee to file annual reports." - Office of Governor Kim Reynolds (5/6/2020)
Iowa - Lifting background check requirements as a condition of obtaining professional licensure
"Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code §§ 533A.2(7), 533D.3(7), 535B.4(2)(b), 535D.4, 536.30, 536A.32, and 543E.20(5) and Iowa Admin. Code rules 187-15.3(2), 187-16.3(2), 187-17.3(2), 187-18.2(2), 187-19.2(5), 187-20.3(2), and 187-25.2(3), which require the completion of background checks for initial applicants as a condition of obtaining professional licensure. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct all regulatory agencies governed by these provisions to, upon the expiration of this Disaster Emergency, conduct background checks for those applicants and take any necessary action resulting from completion of those checks, up to and including revocation of licensure." - Office of Governor Kim Reynolds (5/6/2020)
Iowa - Interstate reciprocity for health care licenses
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Code § 135B.20(1) and Iowa Admin. Code rule 481-51.1, and any statute or rule using terms defined in those provisions, defining a “doctor” and “medical staff” as requiring all doctors and medical staff be licensed to practice in this state, to the extent that individual is licensed to practice in another state or in accordance with Section 37 of the Proclamation of Disaster Emergency issued on April 2, 2020." - Office of Governor Kim Reynolds (4/10/2020)
Iowa - Waiving requirement of written criteria for the granting of clinical privileges
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-51.5(4), requiring written criteria for the granting of clinical privileges, to the extent that policies shall not be required to be rewritten to accommodate waivers provided by the State or the Centers for Medicare and Medicaid Services." - Office of Governor Kim Reynolds (4/10/2020)
Iowa - Suspending requirement of procedures for authentication of verbal orders and standing orders
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rules 481-51.14(3), 51.14(4), and 51.15, requiring procedures for authentication of verbal orders and standing orders, to the extent that hospitals comply with federal regulation related to such orders." - Office of Governor Kim Reynolds (4/10/2020)
Iowa - Suspending requirement of maintenance of a current hospital diet manual
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rules 481-51.20(2)(d), requiring maintenance of a current diet manual, to the extent those manuals would be maintained at surge capacity sites." - Office of Governor Kim Reynolds (4/10/2020)
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-51.22, requiring hospital equipment be selected, maintained and utilized in accordance with the manufacturer’s specifications, to the extent it is not feasible to do so." - Office of Governor Kim Reynolds (4/10/2020)
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-51.30, requiring a hospital to have written policies and procedures specifying the scope and conduct of patient care to be provided in the emergency service, to the extent that policies shall not be required to be rewritten to accommodate this public health disaster emergency." - Office of Governor Kim Reynolds (4/10/2020)
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-51.53(4), requiring critical access hospitals maintain no more than 25 acute care inpatient beds." - Office of Governor Kim Reynolds (4/10/2020)
Iowa - Lifting certain nurse aide education/training requirements
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-58.11(1)(i), requiring a nurse aide who has not completed the state-approved 75-hour nurse’s aide program be required to participate in a structured on-the-job training program of 20 hours’ duration, to the extent that the individual has completed a comparable training course approved by the department of inspections and appeals or has completed at least 20 hours of the state-approved 75-hour nurse’s aide program and the facility has documentation that it has implemented training and supervision measures to ensure the individual’s competency in any tasks performed... Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 481-58.11(1)(k), requiring that certified nurse aides who have received training other than the Iowa state-approved program must pass a challenge examination, to the extent that the individual is able to demonstrate competency in skills and techniques necessary to care for residents’ needs as required by 42 CFR § 483.35(c) and (d)(1)(i)... Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin Code rule 441-81.16(3), requiring minimum standards for nurse aide training and competency evaluation programs the department of inspections and appeals may approve, to the extent that the program has been approved by the Centers for Medicare and Medicaid Services." - Office of Governor Kim Reynolds (4/10/2020)
"Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin Code rules 481—58.21(6)(d) & 65.17(1)(d), requiring nursing students to administer medications in nursing facilities and immediate care facilities for persons with mental illness only after successful completion of a medication aide course or challenge exam, to the extent the nursing student meets the requirements of Iowa Admin Code rules 481—58.21(6)(d)(1), (2), & (4), and 65.17(1)(d)(1), (2), & (4) and the facility has documentation that it has implemented training and supervision measures to ensure the student’s competency in safe medication administration." - Office of Governor Kim Reynolds (4/2/2020)
Iowa - Lifting group activity requirements for residential care facilities and nursing facilities
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Admin Code rules 481—57.23(1) & 58.26(1) requiring group activities provided by residential care facilities and nursing facilities." - Office of Governor Kim Reynolds (4/2/2020)
"Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 231C.3(1)(c) and Iowa Admin Code rules 481—69.22(2) & 481—57.22(3) requiring an assisted living program and residential care facility to update a tenant’s or resident’s service plan within thirty days of occupancy or admission." - Office of Governor Kim Reynolds (4/2/2020)
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Health, I temporarily suspend the regulatory provisions of Iowa Admin. Code r 641 - 136.2(2) related to trauma data registry reporting by trauma care facilities within certain timeframes. I hereby direct the Iowa Department of Public Health to provide additional guidance to trauma care facilities regarding the effect of this suspension." - Office of Governor Kim Reynolds (4/2/2020)
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code chapters §§ 147.2, 148.3, 148.5, 148C.3, 152.7, 152B.7A, and any other implementing administrative rules to the extent they prohibit the practice of medicine and surgery, osteopathic medicine and surgery, nursing, respiratory care, and practice as a physician assistant for an individual who has not yet obtained an initial license, if the licensing board determines that the individual has completed sufficient education and should be granted an emergency license to practice in accordance with any guidance issued by the board. I hereby direct all regulatory agencies or boards governed by these provisions to provide additional guidance to licensees regarding the effect of these suspensions." - Office of Governor Kim Reynolds (4/2/2020)
"Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r 281-79.16(4)(a), 645-31.6(2)(b)(12), 645-280.6(3), 645-240.6(2), 657-4.3, 645-300.3(4)(b)(2), 300.6(3)(a), and 300.6(3)(d), requiring the completion of clinical, practical, or internship experience as a condition of obtaining professional licensure to be a school administrator, mental health counselor, independent social worker, psychologist, pharmacist, or speech pathologist or audiologist. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct all regulatory agencies or boards governed by these provisions to provide additional guidance to licensees regarding the effect of these suspensions." - Office of Governor Kim Reynolds (4/2/2020)
Iowa - Pharmacy license reciprocity
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Health, I temporarily suspend the regulatory provisions of Iowa Code § 155A.7 and any implementing administrative rules to the extent they prohibit a pharmacist who is licensed in another state from engaging in the practice of pharmacy in this state prior to obtaining an Iowa pharmacist license due to requirements that are unable to be satisfied due to this Disaster Emergency. Suspension of this provision shall extend through the duration of this Proclamation and any further extension of this suspension. I hereby direct the Board of Pharmacy to provide additional guidance regarding the effect of these suspensions." - Office of Governor Kim Reynolds (4/2/2020)
Iowa - Suspending pharmacy exam requirements for obtaining an initial license
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Health, I temporarily suspend the regulatory provisions of Iowa Code § 155A.8 and any implementing administrative rules for an individual who has not yet obtained an initial license, if the board of pharmacy determines that the individual has completed sufficient education, is unable to sit for the required exams due to closed testing locations, and should be granted an emergency license to practice until such time as the individual is able to sit for the required exams in accordance with any guidance issued by the board. I hereby direct the board of pharmacy to provide additional guidance to applicants and licensees regarding the effect of this suspension." - Office of Governor Kim Reynolds (4/2/2020)
"Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 645-280.2 and 645-31.18, to the extent that they require out-of-state marital, family therapy, and mental health counselors, or social workers who provide services by telephone or other electronic means to individuals in the State of Iowa to be licensed in Iowa." - Office of Governor Kim Reynolds (4/2/2020)
Iowa - Lifting exam requirements for a license as a plumbing or mechanical system professional
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Admin. Code r. 641-29.6(3) requiring an applicant for a license as a plumbing or mechanical system professional to complete an examination within one year from the date of the application. I hereby direct the plumbing and mechanical systems board to provide additional guidance to its applicants and licensees regarding this suspension." - Office of Governor Kim Reynolds (4/2/2020)
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.30(3)(c) prohibiting a holder of a class “C” liquor control license from selling unopened bottles of wine or alcoholic liquor for consumption off premises. Class “C” licensees may continue to sell beer for consumption off premises. Beverages may be sold if promptly taken from the premises, such as on a carry-out or drive-through basis, or if the beverage is delivered to customers off the premises. Suspension of this provision will now continue until 11:59 p.m. on April 7, 2020." - Office of Governor Kim Reynolds (4/2/2020)
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.130(4) and Iowa Administrative Code 185-4.6(3)(c) & (e) requiring that beer sold at retail at the manufacturing premises for consumption off the premises must be in-person and transferred to another container at the time of sale. Suspension of this provision will now continue until 11:59 p.m. on April 7, 2020." - Office of Governor Kim Reynolds (4/2/2020)
Iowa - Allowing alcohol delivery and takeout
"Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 123.30(3)(c) and 123.49(2)(d), to the extent a class “C” liquor control license holder is prohibited from selling mixed drinks or cocktails for consumption off premises. Mixed drinks or cocktails may be sold if sealed with a lid or other method of securing the product and promptly taken from the premises prior to any consumption, such as on a carry-out or drive-through basis, or if the beverage is delivered to customers off the premises. Nothing in this provision alters or modifies the provisions of Iowa Code §§ 321.284 or 321.284A related to open containers in motor vehicles. Suspension of this provision is effective immediately and will continue until 11:59 p.m. on April 7, 2020." - Office of Governor Kim Reynolds (4/2/2020)
Kansas - Allowing remote notarization
"The requirements that a person appear before a Notary Public commissioned under the laws of Kansas… are suspended and such requirements are satisfied if the Notary Public performs a remote notarization via two-way audio-video communication technology…" - Office of Governor Kim Reynolds (4/9/20)
Kansas - Suspends non-essential fire inspections
"The order temporarily suspends non-essential fire inspections for new or renewal of KDADS-licensed facilities during the State of Disaster Emergency. The suspension will remain valid until 90 days after the State of Disaster Emergency is terminated, and all fees are suspended until that time." - Office of Governor Laura Kelly (3/12/20)
Kansas - Allows nursing facilities to create alternative care sites
"This order will give nursing facilities the latitude to create alternate care sites or designated units to ensure safe care for all residents and support adherence to infection control measures…" - Office of Governor Laura Kelly (3/12/20)
Kansas - Previous licensees may be issued temporary licensure
"A temporary license, certification, or registration may be issued for persons who were previously licensed, certified, or registration issued by a Kansas state agency or any board, commission, division or other licensing authority within the State…" - Office of Governor Laura Kelly (3/12/20)
Kansas - Waives fees associated with changing an adult care home's bed capacity
"Any fees associated with reducing, increasing, or modifying an adult care home's bed capacity, are waived until 90 days following the termination of the State of Disaster Emergency." - Office of Governor Laura Kelly (3/12/20)
Kansas - Suspends rules and regulations for motor carriers
"Executive Order #20-22 will extend temporary relief for motor carriers from certain rules and regulations." - Office of Governor Laura Kelly (4/13/20)
Kansas - Extends all renewal deadlines for any occupational or professional license
"All state agencies shall extend renewal deadlines for any occupational or professional license, certificate, permit, or registration issued by a state agency or any board, commission, division, or other licensing authority within a state agency to any individual, business, or organization..." - Office of Governor Laura Kelly (4/9/20)
Kansas - Extending tax deadlines
"Kelly signed Executive Order #20-13, extending tax filing deadlines to July 15, 2020, and waiving any interest and penalties for returns and payments made on or before July 15, 2020." - Office of Governor Laura Kelly (3/23/20)
Kansas - Allowing carryout sale of alcohol
"Subject to the requirements set forth herein, the provisions of K.S.A. 41-2653 are suspended to the extent such provisions require alcoholic beverages to be consumed on-premises and require the liquor to be sold it its original container, thereby allowing the sale of alcoholic beverages for carryout consumption and permitting the sale of liquor in a container that is not the original container for any establishment holding a class A club, class B club license, or drinking establishment license." - Governor Laura Kelly (4/22/2020)
"Any and all provisions in Kansas Statutes relating to supervision, delegation, and related issues by and to healthcare providers that are licensed, registered or certified and ancillary workers, are temporarily suspended, in whole or part, to the extent necessary to allow licensed, registered, or certified health care professionals to provide, within a designated health care facility at which the professional is employed or contracted to work, medical services that are necessary to support the facility's response to the COVID-19 pandemic and are appropriate to the professional's education, training, and experience, as determined by the facility in consultation with the facility's medical leadership" - Governor Laura Kelly (4/22/2020)
"Notwithstanding any law, regulation, or executive order to the contrary, and without the need for a clinical affiliation agreement, a designated health care facility is temporarily authorized… to allow students who are enrolled in programs to become licensed, registered, or certified health care professionals to volunteer or work within the facility in whatever roles that are necessary to support to facility's response to the COVID-19 pandemic and are appropriate to the students' education, training and experience." - Governor Laura Kelly (4/22/2020)
"Notwithstanding any law, regulation, or executive order to the contrary, and without the need for a clinical affiliation agreement, a designated health care facility is temporarily authorized… to allow licensed, registered, or certified health care professionals and emergency medical personnel who are serving in the military in any duty status, to volunteer or work within the facility in whatever roles that are necessary to support the facility's response to the COVID-19 pandemic..." - Governor Laura Kelly (4/22/2020)
"Notwithstanding any law, regulation, or executive order to the contrary, and without the need for a clinical affiliation agreement, a designated health care facility is temporarily authorized… to allow medical students, physical therapists, and emergency medical personnel to volunteer or work within the facility as "respiratory therapist extenders" under the supervision of physicians, respiratory therapists, or advanced practice registered nurses." - Governor Laura Kelly (4/22/2020)
Kansas - Allowing licensed health care professionals in any state or territory to practice in Kansas
"Any and all provisions in Kansas law are temporarily suspended, in whole or part, to the extent necessary to allow health care professionals licensed and in good standing in any state or territory in the United States to practice in Kansas without criminal, civil, or administrative penalty related to lack of licensure." - Governor Laura Kelly (4/22/2020)
"Any and all provisions in Kansas law are temporarily suspended to the extent that they require for any health care professional, as a condition of licensure, certification, registration, or the renewal of a license, certification, or registration, or reinstatement within five (5) years of a lapsed license: an exam, to the extent that the exam's administration has been canceled while the emergency declaration is in effect; fingerprinting, as locations to have fingerprints taken are substantially unavailable on account of closures arising from the COVID-19 pandemic; continuing education while the emergency declaration is in effect; and payment of a fee." - Governor Laura Kelly (4/22/2020)
"The Kansas State Board of Healing Arts ("the Board") shall not enforce any statute, rule, or regulation that would require physicians to conduct an in-person examination of a patient prior to the issuance of a prescription or order the administration of medication, including controlled substances, as long as the physician otherwise complies with the provisions of this order." - Office of Governor Laura Kelly (5/26/2020)
"Out-of-state physicians may utilize telemedicine when treating patients in Kansas without the necessity of securing a license to practice medicine in the state, provided the out of state physician advises the Board of the physician's practice in this state via telemedicine in writing in a manner to be determined by the Board..." - Office of Governor Laura Kelly (5/26/2020)
Kentucky - Allows direct shipment of alcohol to and from Kentucky
"House Bill 415 allows producers of beer, wine, and spirits to ship products directly to consumers in the Commonwealth." - Kentucky Legislature (3/26/20)
Kentucky - Expanding scope of practice for Advanced Practice Registered Nurses (APRNs)
"During the State of Emergency under Executive Order 2020-215, KRS 314.042(8), KRS 314.042(10), and 201 KAR 20:057, Section 7 are suspended. These statutes and the regulation require that Advanced Practice Registered Nurses (APRNs) have collaborative agreements with physicians as a prequisite for the prescribing of legend drugs and controlled substances within the Commonwealth." - Office of Governor Andy Beshear (3/31/20)
Kentucky - Allowing previously retired workers to fill key roles
"Issued an executive order allowing critical workforce sectors to rehire previously retired workers to fill key roles. The order, which last the duration of the state of emergency, applies to law enforcement, firefighters, emergency medical service personnel, park rangers and corrections officers." - Office of Governor Andy Beshear (3/31/20)
Kentucky - Expedited licensing for out-of-state nurses
"Issued an executive order easing restrictions on nurses who live out of state and making it quicker to obtain a license." - Office of Governor Andy Beshear (3/30/20)
Kentucky - Expanding access to telehealth services
"Entered new orders to allow for more telehealth options in Kentucky than ever before." - Office of Governor Andy Beshear (3/25/20)
Louisiana - Expansion of access to Telehealth Services
"The requirement… that each state agency or professional or occupational licensing board or commission that regulates the practice of a healthcare provider promulgate any rules necessary to provide for, promote, or regulate the use of telehealth in the delivery of healthcare services within the scope of proactive regulated by the licensing entity is hereby suspended during the term of this emergency declaration." - Office of Governor John Bel Edwards (3/19/20)
Louisiana - Loosened regulations on ambulance staffing requirements
"The ambulance staffing requirements set forth in R.S. 40:1135.1 (A)(2)(a) are hereby temporarily suspended as to ambulance drivers, provided that such driver possesses a driver's license valid in the State of Louisiana and meets the criminals background check requirements…" - Office of Governor John Bel Edwards (3/19/20)
Louisiana - Loosened staffing requirements for lab personnel
"The licensing and certification requirements for Louisiana Clinical Laboratory Personnel set forth… including any requirements for criminal background checks be temporarily suspended for those laboratory personnel conducting COVID-19 testing who demonstrate molecular biology polymerase chain reaction (PCR) experience and/or for those who demonstrate serological experience in testing clinical samples... " - Office of Governor John Bel Edwards (3/19/20)
"All Public Post-secondary institutions and proprietary schools within the state of Louisiana that are licensed by the Louisiana Board of Regents shall be allowed to substitute in-person clinical and classroom instruction with online and lab simulations for enrolled students..." - Office of Governor John Bel Edwards (3/19/20)
Louisiana - Temporary permits for medical professionals
"The added language in sections 3329 and 4513 will address the public health emergency crisis that is taking place in Louisiana. In Chapter 33, section 3329 the board may extend the expiration of temporary permits for new graduates who have been unable to take the NCLEX-RN licensure exam or reinstate an expired permit during a public health emergency." - Louisiana Department of Health, Board of Nursing (3/2020)
Louisiana - Delayed tax collection and deadline
The order extends the sales tax returns and excise tax returns deadline to May 20, 2020.
"The purpose of this guidance is to provide filing and payment extension relief for certain taxes due on March 20, 2020." - Louisiana Department of Revenue (3/19/20)
Louisiana - Expanding scope of practice for Advanced Practice Registered Nurses (APRNs)
"The collaborative practice agreement requirements of the Louisiana State Board of Medical Examiners and the Louisiana State Board of Nursing for advanced practice registered nurses… are suspended for this public health emergency." - Office of Governor John Bel Edwards (3/31/20)
Louisiana - Expanding scope of practice for Certified Registered Nurse Anesthetists (CRNAs)
"The requirements that a certified nurse anesthetist provide anesthesia care under the direction and supervision of a physician or dentist licensed to practice in Louisiana… are temporarily suspended…" - Office of Governor John Bel Edwards (3/31/20)
Louisiana - Established interstate reciprocity for health care licenses
"The requirement that an out-of-state registered nurse or an out-of-state advanced practice registered nurse obtain a license… in Louisiana… is temporarily suspended provided that such person has an active, unencumbered, unrestricted license… from any U.S. state, territory, or district..."
Sections 2L, 2M, 2N, and 2O establish this for licensed physicians, respiratory therapists, and APRNs as well. - Office of Governor John Bel Edwards (3/31/20)
Louisiana - Suspension of facility need review
On Facility Need Review section of website: "Suspension of Facility Need Review for Initial Applications during COVID-19 Pandemic." - Louisiana Department of Health (3/24/20)
Maine - Plastic bag ban suspended
Emergency legislation pushes back the effective date of the statewide plastic bag ban from April 22 to Jan. 15, 2021. - Maine Legislature (3/18/20)
Maine - Easing restrictions on physician assistants' ability to provide care
LD 1660 expanded the ability of physician assistants to provide health care, reducing the regulatory burden on health care providers, adjusting licensing rules, and making it easier to hire physician assistants. - Maine Legislature (3/17/20)
"Mandatory supervision or collaborative practice requirements for otherwise qualified physician assistants and advanced practice registered nurses who are assisting or will assist in the health care response to COVID-19 are suspended during the public health emergency." - Office of Governor Janet Mills (3/20/20)
"A physician, physician assistant, or nurse who is licensed in good standing in another state and who has no disciplinary or adverse action in the past ten years involving loss of license, probation, restriction or limitation, and who seeks immediate licensure to assist in the health care response to COVID-19, shall forthwith be issued an emergency Maine license that shall remain valid during the state of emergency. All physicians, physician assistants, and nurses licensed under this provision may provide health care services in-person in Maine or across state lines into Maine using telemedicine or telehealth." - Office of Governor Janet Mills (3/20/20)
Maine - Renewal of medical licenses
"All physicians, physician assistants, and nurses who have retired in good standing in this State within two years of the date of this Order and who have no disciplinary or adverse action in the past ten years involving loss of license, probation, restriction, or limitation with no outstanding complaints or open investigations shall have their licenses immediately reactivated upon request and such license shall remain valid during the state of emergency. License application fees for licenses issued pursuant to this paragraph are waived." - Office of Governor Janet Mills (3/20/20)
Maine - All health care providers may provide care through all modes of telemedicine or telehealth
"All physicians, physician assistants and nurses licensed in Maine or authorized to perform services pursuant to this emergency order shall be allowed to perform health care services through the use of all modes of telemedicine or telehealth, including video and audio, audio-only, or other electronic media to treat the residents of Maine for all medically necessary services. The enforcement of state patient privacy and confidentiality laws to the contrary are hereby suspended for the purposes of responding to the COVID-19 emergency." - Office of Governor Janet Mills (3/20/20)
Maine - Requirement for recreational fishing license waived
"Effective March 20, 2020 through April 30, 2020, the requirement to join the state's saltwater registry is waived. This temporary waiver is in conjunction with the Maine Department of Inland Fishery and Wildlife waiving the requirement for a fishing license." - Maine Department of Marine Resources (3/20/20)
Maine - All inland waters opened for fishing
"Governor Janet Mills Friday directed Maine Department of Inland Fisheries and Wildlife Commissioner Judy Camuso to open all inland waters for fishing and to waive the requirement that anglers need a recreational fishing license to fish the inland waters of Maine." - News Center Maine (3/20/20)
Maine - Extending license expiration dates
"A. Any license of a polygraph examiner, polygraph examiner intern or contract security company issued by the Commissioner that is scheduled to expire during the emergency shall have its expiration date extended to 30 days following the termination of the emergency. B. Any license of a professional investigator issued by the Chief that is scheduled to expire during the emergency shall have its expiration date extended to 30 days following the termination of the emergency. C. Any license of an investigative assistant issued by the Chief that is scheduled to expire during the emergency or prior to the 180th day following the termination of the emergency shall have its expiration date extended to either the 180th day following the termination of the emergency, or for a duration equal to the number of days the emergency was in effect, whichever period is longer. D. During the emergency and for the period of 180 days following the termination of the emergency, the Board may extend beyond 180 days the 12-month periods in which full-time law enforcement officers must complete basic law enforcement training under 25 M.R.S. § 2804-C(l) and corrections officers must complete basic corrections training under 25 M.R.S. § 2804-D(l )." - Office of Governor Janet Mills (4/24/2020)
Maine - Allows remote notarization
"This Order applies to all provisions of Maine law that require a signature to be acknowledged, witnessed or notarized in person, with the exceptions of: (a) solemnizing marriages, (b) administering oaths to circulators of state or local direct initiative or referendum petitions and nomination petitions of candidates for electoral office, and ( c) absentee ballots in state and local elections. This Order authorizes remote, not electronic, notarization. All requirements under Maine law pertaining to the taking of sworn statements and acknowledgments by notaries and those authorized to perform notarial acts, other than the requirement to appear in person, remain in effect during the effective period of this Order." - Office of Governor Janet Mills (4/8/2020)
Maine - Dozens of health service providers allowed to use all modes of telehealth
"All Maine-licensed psychologists, psychological examiners, clinical social workers, clinical professional counselors, pastoral counselors, marriage and family therapists, alcohol and drug counselors, physical therapists, physical therapy assistants, chiropractic doctors, pharmacists, pharmacy interns, pharmacy technicians, podiatrists, occupational therapists, occupational therapy assistants, speech-language pathologists, hearing aid dealers and fitters, audiologists, certified interpreters, certified deaf interpreters, limited interpreters, and limited deaf interpreters, athletic trainers, naturopathic doctors, acupuncturists, dietitians, radiologic technologists, respiratory care practitioners, and certified professional midwives may provide necessary health care services permitted by their licenses through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media. To the extent that requirements of any state patient privacy or confidentiality law, including but not limited to 22 M.R.S. § 1711-C, would in any way prevent, hinder, or delay the provision of health care services through the use of telehealth authorized by this Order, enforcement of that law is hereby suspended. This Order does not expand the scope of practice for any type of licensee... All Maine-licensed veterinarians and veterinary technicians may perform veterinary medicine services permitted by their licenses through all modes of telemedicine, including video and audio, audio-only, or other electronic media, to treat veterinary patients of the state of Maine for necessary services. This Order does not expand the scope of practice for veterinarians or veterinary technicians." - Office of Governor Janet Mills (4/6/2020)
Maine - Extending property tax deadlines
"The deadline set forth in 36 M.R.S. §652 for an organization or institution to file an application for exemption from property tax is temporarily extended from April 1 until the commitment date of the municipality or 30 days after the termination of the emergency, whichever occurs first." - Office of Governor Janet Mills (3/31/2020)
Maine - Extending tax deadlines
"A. The annual current use taxation application deadline set forth in 3 6 M.R. S. § 1109 (1) is extended from April 1 st until the commitments of the municipality or 30 days after the termination of the emergency, whichever occurs first. This includes the Open Space and Farmland tax programs. B. The annual current use taxation application deadline set forth in 36 M.R.S. §579 (2- A) is extended from April 1 st until the commitments of the municipality or 3 0 days after the termination of the emergency, whichever occurs first. This includes the Tree Growth tax program. 1 C. The annual current use taxation application deadline set forth in 36 M.R.S. § 1133 is extended from April 1 st until the commitments of the municipality or 30 days after the termination of the emergency, whichever occurs first. This includes the Working Waterfront tax program." - Office of Governor Janet Mills (4/9/2020)
Maine - Suspending recycling and solid waste facility operating hour requirements
"Enforcement of daily time of operation and day of the week restrictions in solid waste facility licenses… shall be suspended until 30 days following the termination of the state of emergency." - Office of Governor Janet Mills (3/26/2020)
"The relevant provisions of Maine Revised Statutes... and related rules as they apply to mail order pharmacies, are hereby suspended to the extent necessary to allow any out-of-state entity, which is dispensing an investigational drug necessary to conduct a clinical trial, to ship the investigational drug to any Maine resident participating in the trial..." - Office of Governor Janet Mills (3/26/2020)
Maryland - Established interstate reciprocity for health care licenses
"Prior to this new rule, state regulation was such that only people with health care licenses issued by the state could practice in Maryland." - Office of Governor Larry Hogan (3/16/20)
Maryland - Inactive practitioners allowed to practice
"Any inactive practitioner may, at a health care facility in Maryland, engage in activities that would have been authorized under his/her inactive license without first reinstating his/her inactive license." - Office of Governor Larry Hogan (3/16/20)
Maryland - Removing limits on purchases of alcohol
"Maryland has removed limits on purchases of craft beer and distilled spirits purchased at tap and tasting rooms for the duration of the governor’s state of emergency, Comptroller Peter Franchot announced Wednesday." - Washington Post (3/18/20)
Maryland - Motor vehicles aiding in COVID-19 response allowed 15% tolerance above any weight limit
"Motor vehicles transporting equipment or supplies directly related to the COVID-19 state of emergency and catastrophic health emergency and needed to protect the public health, welfare, or safety are allowed a 15% tolerance above any weight limit imposed by statute." - Office of Governor Larry Hogan (3/18/20)
"The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with this order is hereby suspended, including, without limitation, any statute, rule, or regulation that would prevent laboratories in Maryland from developing and performing testing for COVID-19..." - Office of Governor Larry Hogan (3/23/20)
Maryland - Allowing remote notarization
"An individual need not be in the physical presence of a notary public who performs a notorial act if: (a) they communicate with each other simultaneously by sight and sound through a communication technology…" - Office of Governor Larry Hogan (3/30/20)
Maryland - Allowing alcohol delivery
"Restaurants, bars, breweries, wineries, distilleries, and other entities holding a State of local license to manufacture or sell alcoholic beverages… may deliver off-premises, or sell if promptly taken from the premises before consumption, alcoholic beverages in sealed containers to purchasers..." - Office of Governor Larry Hogan (3/19/20)
Maryland - Allows broad deregulation of emergency health services
"The Executive Director of the Maryland Institute for Emergency Medical Services… may suspend the effect of any provision… upon a finding that such suspension will: (a) Not endanger the public health, welfare, or society; (b) Augment the emergency medical services workforce; and (c) Improve the response to the state of emergency and catastrophic health emergency." - Office of Governor Larry Hogan (3/19/20)
Maryland - Expanding telehealth services by allowing asynchronous care, like through email
"Governor Hogan issued an executive order that amends the previous May 20 order regarding telehealth by expanding these services beyond audio-only methods. With this order, healthcare providers may engage in asynchronous telehealth services, such as email, provided that any and all telehealth practices are clinically appropriate, properly documented, and otherwise comply with proper standards of care." - Office of Governor Larry Hogan (4/1/2020)
"Governor Hogan has issued an emergency order expanding services by state-licensed manufacturers of alcohol, including breweries, wineries, and distilleries: Allowing the service of alcoholic beverages in outdoor seating areas, consistent with the same Department of Health directives for restaurants and bars..." - Office of Governor Larry Hogan (5/29/2020)
"Governor Hogan has issued an emergency order expanding services by state-licensed manufacturers of alcohol, including breweries, wineries, and distilleries: … Allowing third-party shipment to consumers by common carriers, such as FedEx or UPS." - Office of Governor Larry Hogan (5/29/2020)
Maryland - Expanding telehealth services
"Prior to today’s press conference, Governor Hogan enacted HB448/SB402 and HB1208/SB502. This emergency legislation enables health care providers in Maryland to provide remote health care services so long as those services follow proper standards of care, and expands coverage of mental health services provided via telehealth." - Office of Governor Larry Hogan (4/3/2020)
Maryland - Expanding telehealth services beyond audio-only methods
"Governor Hogan issued an executive order that amends the previous May 20 order regarding telehealth by expanding these services beyond audio-only methods. With this order, healthcare providers may engage in asynchronous telehealth services, such as email, provided that any and all telehealth practices are clinically appropriate, properly documented, and otherwise comply with proper standards of care. These telehealth services are also eligible for reimbursement by Medicaid." - Office of Governor Larry Hogan (4/1/2020)
Massachusetts - Allowance of some pharmacies to make hand sanitizer
Governor Baker has allowed certain licensed pharmacists to make hand sanitizer to address state shortages. - Biz Journals (3/12/20)
Massachusetts - Licensed medical workers able to get Mass. licenses in one day
Gov. Baker is now allowing licensed medical workers from other states to get a Massachusetts license in one day. - New England Public Radio (3/15/20)
Massachusetts - Allowance of expanded telemedicine
"In an urgent response to the coronavirus threat, the state medical board voted to let doctors treat more patients online, made it easier for them to practice at multiple hospitals, and vowed to speed up the licensing of medical school graduates." - Boston Globe (3/16/20)
Massachusetts - Doctors given more ability to treat patients
"The new rule approved by the board makes it explicit that a doctor can treat a patient whom he or she has never seen in person as long as the physician considers it best for the patient during the health crisis." - Boston Globe (3/16/20)
Massachusetts - Local bans on plastic bags lifted
"Massachusetts Gov. Charlie Baker has… lifted local bans on plastic bags at grocery stores and pharmacies as part of his administration's latest steps to limit the spread of the coronavirus." - Boston Business Journal (3/25/20)
Massachusetts - Expanding scope of practice for Advanced Practice Registered Nurses (APRNs)
"Suspend the requirements for physician supervision and written guidelines for prescriptive practice for APRNs who have at least 2 years of supervised practice experience." - Office of Governor Charlie Baker (3/26/20)
"On March 24, the Department of Public Health issued an emergency order exempting certain activities from determination of need approval, that are necessary to address COVID-19." - Office of Governor Charlie Baker (3/24/20)
Massachusetts - Foreign-trained doctors allowed to practice
"All graduates of International Medical Schools who have satisfactorily completed at least two years of postgraduate medical training in a program approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or in an accredited Canadian program shall be eligible for licensure. The Board shall review and approve such applications by expedited process." - Office of Governor Charlie Baker (4/9/20)
Massachusetts - Allows recent graduates and senior nursing students to practice nursing
"For the duration of the state of emergency, students who have graduated from registered nursing or practical nursing programs approved by the Board of Registration in Nursing ("Board") and senior nursing students who are attending the last semester of a Board approved registered nursing or practical nursing program are authorized to practice nursing..." - Office of Governor Charlie Baker (4/9/2020)
Massachusetts - Renews expired, lapsed, or retired health care providers' licenses
"Individuals who have within the last ten years held a license to practice as a health care provider that was issued by a Massachusetts licensing authority, including but not limited to a state agency, a board of registration or division with licensing authority within a state agency, and whose license, registration, certification or authorization has expired, lapsed or been retired but is not revoked, suspended, surrendered or subject to any non-disciplinary restriction shall have their licenses immediately renewed or reactivated upon request..." - Massachusetts Department of Public Health (4/3/2020)
"On April 7, DPH issued guidance to clinical labs which... and (2) alleviates the need for certain providers to obtain a clinical laboratory license in order to conduct testing on their own patients." - Massachusetts Department of Public Health (4/7/2020)
Massachusetts - Allowing clinics to use alternative sites for testing
"Through this letter, DPH authorizes use of space on, adjacent to, or reasonably proximate to the clinic premises selected by the clinic for testing of possible COVID-19 patients for the length of the declared state of emergency, provided that the clinic complies with the below Guidelines for Use of Space for Screening of Patient Presenting with possible COVID-19 Exposure or Illness, hereinafter referred to as Guidelines, and receives such local approval as may be necessary for the erection and use of temporary structures." - Massachusetts Department of Public Health (5/12/2020)
Massachusetts - Remote processing of prescriptions by pharmacy technicians
"Pharmacy technicians licensed by the Board of Registration in Pharmacy ("Board") may perform remote processing of patient-specific prescriptions on behalf of a Massachusetts licensed pharmacy or health care facility without direct on-site supervision by a Board-licensed pharmacist." - Massachusetts Department of Public Health (3/24/2020)
Massachusetts - Pharmacy license reciprocity
"A pharmacist holding a pharmacist license in good standing from a state other than Massachusetts may practice pharmacy on behalf of a Massachusetts licensed pharmacy or health care facility during the State of Emergency…" - Massachusetts Department of Public Health (3/24/2020)
Massachusetts - Authorizing pharmacists to refill prescriptions
"In the event a patient's prescription does not have any remaining refills and the patient's presciber is not available to authorize a new prescription, pharmacists and pharmacies are authorized to dispense a refill of medication for continuation of therapy for a chronic condition in accordance with the pharmacist's professional judgment." - Massachusetts Department of Public Health (3/24/2020)
Massachusetts - Central filling of prescriptions by Massachusetts pharmacies
"Retail pharmacies and institutional pharmacies may engage in central filling activities of patient specific prescriptions or orders, including compounded sterile and complex non-sterile preparations. A pharmacy engaging in central filling for one or more pharmacies." - Massachusetts Department of Public Health (3/24/2020)
Massachusetts - Waiving staffing requirements for Bureau of Addiction Services-affiliated programs
"The Department recognizes the staffing challenges that programs face at this time. For this reason, the Department is temporarily withdrawing its BSAS [Bureau of Addiction Services] Staffing Guidelines requiring programs to staff to license capacity, and instead will allow programs to staff according to census." - Massachusetts Department of Public Health (4/7/2020)
Massachusetts - Removing "on site" consultation requirements for acupuncture services
"The Department is issuing a blanket Waiver from the requirement that consultation [for acupuncture service] be provided “on site” and encourages the use of telemedicine as appropriate and in the discretion of the Qualified Health Care Professional." - Massachusetts Department of Public Health (4/7/2020)
Massachusetts - Reducing required staffing of each ambulance to one EMT and/or one Paramedic
"Waiver issued to sections of 105 CMR 170.305 to reduce required staffing of each ambulance to one EMT and/or one Paramedic, depending on level of ambulance, with a driver who is a first responder, as defined in MGL c. 111, section 111C and 105 CMR 171.000 (excluding lifeguards)." - Massachusetts Department of Public Health (3/20/2020)
Massachusetts - Extending tax deadlines
"Governor Charlie Baker, Lt. Governor Karyn Polito, Senate President Karen Spilka and House Speaker Robert DeLeo today announced an agreement to extend the 2019 state individual income tax filing and payment deadline from April 15 to July 15 due to the ongoing COVID-19 outbreak. This income tax relief is automatic and taxpayers do not need to file any additional forms to qualify." - Office of Governor Charlie Baker (3/27/2020)
Massachusetts - Emergency limited license for medical school graduates
"In response to the COVID-19 State of Emergency the Board is making available an Emergency 90 Day Limited License for medical school graduates who received an appointment as an intern, resident or fellow at a Massachusetts health care facility or in a training program approved by the Board." - COVID-19 State of Emergency the Board (3/20/2020)
Michigan - DHHS loosens certificate of need requirements
"Effective immediately and continuing through April 14, 2020 at 11:59 pm, the Department of Health and Human Services (“DHHS”) may issue an emergency certificate of need to an applicant and defer strict compliance with the procedural requirements of section 22235 of the Public Health Code, 1978 PA 368, as amended, MCL 333.22235, until the termination of the state of emergency under section 3 of Executive Order 2020-4." - Office of Governor Gretchen Whitmer (3/18/20)
"Effective immediately and continuing through April 14, 2020 at 11:59 pm, the Department of Licensing and Regulatory Affairs (“LARA”) may grant a waiver under section 21564 of the Public Health Code, 1978 PA 368, as amended, MCL 333.21564, to any licensed hospital in this state, regardless of number of beds or location, for the purpose of providing care during the COVID-19 emergency, to construct, acquire, or operate a temporary or mobile facility for any health care purpose, regardless of where the facility is located." - Office of Governor Gretchen Whitmer (3/18/20)
Michigan - Non-nursing assistants allowed to give a broader scope of care
"Effective immediately and continuing through April 14, 2020 at 11:59 pm, Department of Licensing and Regulatory Affairs may allow a non-nursing assistant such as an activity coordinator, social worker, or volunteer to help feed or transport a patient or resident in a manner consistent with the patient’s or resident’s care plan." - Office of Governor Gretchen Whitmer (3/18/20)
"Effective immediately and continuing through April 14, 2020 at 11:59 pm, Department of Licensing and Regulatory Affairs (LARA) may issue a temporary registration as a certified nurse aide to an applicant, regardless of whether the applicant demonstrates to LARA that they have successfully completed the examination requirements of sections 21911 and 21913 of the Public Health Code, 1978 PA 368, as amended, MCL 333.21911 and MCL 333.21913." - Office of Governor Gretchen Whitmer (3/18/20)
"Strict compliance with subsection (3) of section 78g of the General Property Tax Act (“GPTA”), 1893 PA 206, as amended, MCL 211.78g(3), is temporarily suspended. As a result, the deadline by which property forfeited to a county treasurer must be redeemed is extended from March 31, 2020 until the later of (a) May 29, 2020, or (b) 30 days after the termination of the state of emergency under section 3 of Executive Order 2020-4." - Office of Governor Gretchen Whitmer (3/2020)
Michigan - Expanding scope of practice for Advanced Practice Registered Nurses (APRNs)
"Temporarily authorizes suspension of supervision and delegation requirements for Michigan APRNs by select facilities at which the professional is employed or contracted to work." - Office of Governor Gretchen Whitmer (3/29/20)
Michigan - Licensing requirements for EMS personnel loosened
"Strict compliance with section 20954 of the Public Health Code, MCL 333.20954, and Rules 325.22321 to 325.22325 and 325.22336 to 325.22338 of the Michigan Administrative Code is temporarily suspended so as to permit the Department to waive verification of ongoing education requirements when reviewing an application for renewal or relicensure of an emergency medical services personnel license. If the application is for relicensure, the Department may only waive verification if the applicant has been licensed by the Department within the last five years. All emergency medical services personnel licenses that have expired since March 10, 2020 or that would expire during the declared states of emergency and disaster must be deemed unexpired and not to expire until six months after the end of the declared states of emergency and disaster." - Office of Governor Gretchen Whitmer (4/7/20)
"Strict compliance with Rule 325.22112 of the Michigan Administrative Code is temporarily suspended so as to allow for the transport of a patient, whether emergency or non-emergency, to any destination designated by the medical control authority." - Office of Governor Gretchen Whitmer (4/7/20)
"The requirements administered by the Department of Treasury (“Department”) concerning licensure of motor carriers under section 5 of the Motor Carrier Fuel Tax Act (“MCFTA”), 1980 PA 119, as amended, MCL 207.215, are temporarily suspended and must not be enforced, along with any and all fines, penalties, or criminal sanctions under the MCFTA for violations of those requirements, for motor carriers providing critical assistance related to the COVID-19 pandemic during the declared states of emergency and disaster." - Office of Governor Gretchen Whitmer (4/7/20)
Michigan - Pharmacists may dispense emergency refills
"Pharmacists located in any county in this state may dispense emergency refills of up to a sixty (60) day supply of any non-controlled maintenance medication for residents of any county in this state if, in the pharmacist’s professional judgment, failure to refill the prescription might interrupt the patient’s ongoing care and have a significant adverse effect on the patient’s well-being." - Office of Governor Gretchen Whitmer (5/19/2020)
"Pharmacists may temporarily operate a pharmacy in an area not designated on the pharmacy license, but they may not prepare sterile drug products beyond low-risk preparations, as defined by USP standards, for immediate inpatient administration in such temporary facilities." - Office of Governor Gretchen Whitmer (5/19/2020)
Michigan - Pharmacists may dispense and/or administer drugs as needed to treat COVID-19
"Pharmacists may dispense and/or administer drugs as needed to treat COVID-19 pursuant to protocols established by the Centers for Disease Control and Prevention or the National Institute of Health, or as determined appropriate by the chief medical executive of the Department of Health and Human Services or her designee." - Office of Governor Gretchen Whitmer (5/19/2020)
Michigan - Pharmacists may substitute a therapeutically equivalent medication for a medication
"Pharmacists may substitute a therapeutically equivalent medication for a medication subject to critical shortages without the authorization of a prescriber. The pharmacist must inform the patient of any such substitution. The pharmacist must inform the prescriber within a reasonable period of time of any prescriptions or refills dispensed under this section. A prescriber must not incur any criminal or civil liability or licensing disciplinary action as the result of a pharmacist filling or refilling a prescription under this section." - Office of Governor Gretchen Whitmer (5/19/2020)
"To increase the number of pharmacists who can serve patients during this time of need, preceptors may supervise student pharmacists remotely to fulfill eligibility for licensure and avoid delaying graduation." - Office of Governor Gretchen Whitmer (5/19/2020)
Michigan - Pharmacists may supervise pharmacy technicians and other pharmacy staff remotely
"Pharmacists may supervise pharmacy technicians and other pharmacy staff remotely. Supervision must be conducted through a real-time, continuous audiovisual camera system, capable of allowing the pharmacist to visually identify the markings on tablets and capsules. The pharmacist must have access to all relevant patient information to accomplish the remote supervision and must be available at all times during the supervision to provide real-time patient consultation. A pharmacy technician may not perform sterile or nonsterile compounding without a pharmacist on the premises." - Office of Governor Gretchen Whitmer (5/19/2020)
Michigan - Pharmacy license reciprocity
"Pharmacies holding a license, certificate, or other permit in good standing issued by another state must be deemed licensed to do business in this state. These out-of-state licensed pharmacies must not deliver controlled substances into this state; must abide by all Michigan regulations applicable to the practice of pharmacy, but need not have a pharmacist-in-charge with a license to practice in Michigan; and must hold a current accreditation from a national organization approved by the Michigan Board of Pharmacy before providing sterile compounding services to patients in this state." - Office of Governor Gretchen Whitmer (5/19/2020)
Michigan - Wholesale distributors license/certificare/permit reciprocity
"Wholesale distributors holding a license, certificate, or other permit in good standing issued by another state must be deemed licensed to do business in this state. These out-of-state wholesale distributors must not deliver controlled substances into this state and must abide by all Michigan regulations applicable to a Michigan-licensed wholesale distributor." - Office of Governor Gretchen Whitmer (5/19/2020)
Michigan - Expanding access to telehealth services
"All health care providers are authorized and encouraged to use telehealth services when medically appropriate and upon obtaining patient consent. To facilitate the provision of telehealth services: Written consent for treatment is not required. A health care provider may obtain verbal consent for telehealth services and must document such consent in the patient’s file before providing telehealth services. Health care providers engaging in telehealth services may use asynchronous store-and-forward technology for the transmission of medical information. Providers may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology. Remote patient monitoring, which may or may not take place in real-time, may be conducted as part of telehealth services. As used in this order, “remote patient monitoring” means digital technology to collect medical and other forms of health data from an individual..." - Office of Governor Gretchen Whitmer (5/14/2020)
Michigan - Suspending in-person examination requirements to prescribe medication
"A physician is not required to conduct an in-person examination before prescribing medication or ordering the administration of medication, including controlled substances except for methadone." - Office of Governor Gretchen Whitmer (5/14/2020)
Michigan - Lifting certain child care licensing requirements
"Strict compliance with section 7a of the Child Care Organizations Act, 1973 PA 116, as amended, MCL 722.117a, is suspended as follows: A provisional license may be issued without submission to the Department of Licensing and Regulatory Affairs (“LARA”) of an acceptable plan to overcome the deficiency present in the child care organization within the time limitations of the provisional licensing period. A provisional license may be issued with an expiration date no earlier than one month after the date of issuance and no later than six months after the date of issuance, and may be renewed at the discretion of LARA until the end of the declared states of emergency and disaster. Strict compliance with subsection (2) of section 5m of the Child Care Organizations Act, 1973 PA 116, as amended, MCL 722.115m(2), is suspended, as follows: An employer may establish and maintain a disaster relief child care center without a license from LARA. A school district or a nonpublic school may establish and maintain a disaster relief child care center in a school building without a license from LARA." - Office of Governor Gretchen Whitmer (5/13/2020)
"All state and local seasonal load restrictions are suspended for deliveries that meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19; (2) supplies and equipment necessary for community safety, sanitation, and the prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants; (3) food for the emergency restocking of stores; (4) equipment, supplies, and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to the COVID-19 pandemic; (5) persons designated by federal, state, or local authorities for medical, isolation, or quarantine purposes; and (6) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 pandemic." - Office of Governor Gretchen Whitmer (5/12/2020)
"Strict compliance with section 2 of 1972 PA 222 (state personal identification card), as amended, MCL 28.292, is temporarily suspended to the extent necessary to extend until June 30, 2020 the validity of a state personal identification card that expired or is set to expire between February 1, 2020 and May 31, 2020." - Office of Governor Gretchen Whitmer (4/13/2020)
Michigan - Expediting issuance of permits that allow non-seasonal load restrictions to be exceeded
"All state and local road agencies must exercise their authority on an expedited basis to issue permits that allow non-seasonal load restrictions to be exceeded. These permits must reflect bridge weight tolerances, and they must apply to deliveries that meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19; (2) supplies and equipment necessary for community safety, sanitation, and the prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants; (3) food for the emergency restocking of stores; (4) equipment, supplies, and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to the COVID-19 pandemic; (5) persons designated by federal, state, or local authorities for medical, isolation, or quarantine purposes; and (6) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 pandemic." - Office of Governor Gretchen Whitmer (5/11/2020)
"All state and local restrictions on the noise and timing of loading and deliveries are suspended for loading and deliveries that meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19; (2) supplies and equipment necessary for community safety, sanitation, and the prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants; (3) food for the emergency restocking of stores; (4) equipment, supplies, and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to the COVID-19 pandemic; (5) persons designated by federal, state, or local authorities for medical, isolation, or quarantine purposes; and (6) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 pandemic." - Office of Governor Gretchen Whitmer (5/11/2020)
Michigan - Waiving requirements for inspection of life support vehicles
"Strict compliance with the annual-inspection requirements for life support vehicles and life support agencies under section 20910(1)(e)(iii) of the Public Health Code, 1978 PA 368, as amended, MCL 333.20910(1)(e)(iii), is temporarily suspended as follows. The Department of Health and Human Services (“the Department”) must inspect a life support vehicle or life support agency when the Department has reason to believe that the vehicle or agency is out of compliance. Any such inspection must, to the greatest extent possible, be conducted remotely, such as by videoconferencing, telephone conversation, and electronic review of required documents." - Office of Governor Gretchen Whitmer (4/8/2020)
Michigan - Waiving certain ambulance-staffing requirements
"Strict compliance with the ambulance-staffing requirements under section 20921(3) of the Public Health Code, MCL 333.20921(3), is temporarily suspended as follows. An ambulance must be not operated while transporting a patient unless it is staffed with emergency medical services personnel possessing at least the following qualifications: a. If designated as providing basic life support, with at least one emergency medical technician and one medical first responder. b. If designated as providing limited advanced life support, with at least one emergency medical technician specialist and one medical first responder. c. If designated as providing advanced life support, with at least one paramedic and one medical first responder." - Office of Governor Gretchen Whitmer (4/8/2020)
Michigan - Extending the expiration date for emergency medical services personnel licenses
"All emergency medical services personnel licenses that have expired since March 10, 2020 or that would expire during the declared states of emergency and disaster must be deemed unexpired and not to expire until six months after the end of the declared states of emergency and disaster." - Office of Governor Gretchen Whitmer (4/8/2020)
Michigan - Emergency medical service license reciprocity
"Compliance with sections 20961(1)(a) and 20961(1)(d) of the Public Health Code, MCL 333.20961(1)(a) and (d), is temporarily suspended, so as to permit the Department to grant a license under Part 209 of the Public Health Code to an applicant licensed in another state without regard to whether the applicant meets the requirements of Part 209 of the Public Health Code and the rules promulgated by the Department for licensure or whether the state in which the applicant is licensed maintains licensure standards equivalent to or more stringent than those of this state." - Office of Governor Gretchen Whitmer (4/8/2020)
"Consistent with section 11(4) of the Emergency Management Act, 1976 PA 390, as amended, MCL 30.411(4), any emergency medical services personnel or life support agency that provides medical services in support of this state’s response to the COVID-19 pandemic is not liable for an injury sustained by a person by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained, unless it is established that such injury or death was caused by the gross negligence, as defined in MCL 30.411(9), of such emergency medical services personnel or life support agency." - Office of Governor Gretchen Whitmer (4/8/2020)
Michigan - Temporary relief from standard vapor pressure restrictions on gasoline sales
"As result of changed behavior in response to COVID-19, there is currently an unexpected oversupply of higher volatility winter-blend gasoline, which cannot be sold as of April 1, 2020 under standard vapor pressure requirements. Temporarily extending the period of time during which the winter-blend gasoline can be sold will enable distributors to safely shift to a lower volatility gasoline supply with as little in-person work and travel as possible, while also ensuring that this state maintains a reliable supply of gasoline adequate to meet its critical needs during this emergency... Rule 4(g) of Regulation No. 564, promulgated by the Laboratory Division of the Department of Agriculture and Rural Development, 1987 AACS, as amended, R 285.564.4(g) of the Michigan Administrative Code, is temporarily suspended." - Office of Governor Gretchen Whitmer (3/30/2020)
"As the state continues to respond to COVID-19, the Minnesota Department of Revenue is extending the Sales and Use Tax grace period on Sales and Use Tax payments for businesses identified in Executive Order 20-04. The department will not assess penalties or interest as follows: Identified businesses with a monthly Sales and Use Tax payment due March 20, 2020, will now have until May 20, 2020, to make that payment. Identified businesses with a monthly or quarterly Sales and Use Tax payment due April 20, 2020, will now have until May 20, 2020, to make that payment." - Minnesota Department of Revenue (4/9/20)
Minnesota - Legislation allowing takeout sales of beer and wine
"Governor Walz today signed legislation allowing takeout sales of beer and wine from bars and restaurants during the COVID-19 pandemic. After the Governor encouraged the legislature to take up the issue, the bill received overwhelming bipartisan support in the House and Senate." - Office of Governor Tim Walz (4/17/20)
"Executive Order 20-37 extends the provisions outlined in Executive Order 20-06, which exempted COVID-19 response vehicles and drivers from certain regulations, including limits on weight and hours of service. This relief helps ensure the continued free flow of critical relief supplies and other essential goods during the COVID-19 pandemic." - Office of Governor Tim Walz (4/17/20)
Minnesota - Exempts septic tank trucks from seasonal load restrictions
"Executive Order 20-31 exempts septic tank trucks from seasonal load restrictions on Minnesota roads. Many residential septic systems are failing to keep up with increased usage due to more Minnesotans teleworking and staying at home. Septic system service companies are receiving a high volume of calls from homeowners in need of emergency pumping services and lifting these restrictions will allow them to meet increased demand." - Office of Governor Tim Walz (4/8/20)
"Executive Order 20-32 allows MDH to use regulatory flexibility to meet the challenges of the COVID-19 pandemic by authorizing the Commissioner of Health to suspend certain requirements for facilities that fall within MDH’s regulatory authority. This includes waiving the bed moratorium for hospitals and nursing homes to add surge capacity and allowing the establishment of free standing alternate care sites." - Office of Governor Tim Walz (4/8/20)
"Executive Order 20-28 authorizes out-of-state mental health providers to treat Minnesota patients via telehealth services to help ensure that the mental health needs of Minnesotans are met during the stress and uncertainty the COVID-19 pandemic. Many Minnesotans receive mental healthcare services from providers in neighboring states. Executive Order 20-28 ensures that care can continue." - Office of Governor Tim Walz (4/6/20)
"Executive Order 20-28 also waives certain late fees and deadlines for licensure of dentists, barbers, and cosmetologists." - Office of Governor Tim Walz (4/6/20)
"Governor Tim Walz today signed Executive Order 20-27 to lift hours of service requirements for truck drivers transporting livestock feed or fertilizer, in order to support Minnesota’s agriculture community while they work to keep Minnesotans fed during the COVID-19 pandemic." - Office of Governor Tim Walz (4/3/20)
"Executive Order 20-25 extends licenses of peace officers, firefighters, and private security personnel and defers continuing education requirements for peace officer licenses that are set to expire soon. The Order allows professionals on the front lines of combatting COVID-19 to maintain their licenses and continue supporting Minnesotans during the peacetime emergency." - Office of Governor Tim Walz (3/31/20)
Minnesota - Extends re-certification dates for current medical cannabis patient enrollments
"Executive Order 20-26 extends re-certification dates for current medical cannabis patient enrollments set to expire over the next several months…" - Office of Governor Tim Walz (3/31/20)
Minnesota - Allows a patient to send someone to pick up medication on their behalf
"Executive Order 20-26… allows any patient to request a temporary caregiver so they are able to send someone to pick up medication on their behalf…" - Office of Governor Tim Walz (3/31/20)
Minnesota - Allows curbside delivery and telephone pharmacist consultations for medical cannabis
"Executive Order 20-26… allows medical cannabis patients to practice social distancing with curbside delivery and telephone pharmacist consultations." - Office of Governor Tim Walz (3/31/20)
Minnesota - Waiving licensing and education requirements for health care workers
"Executive Order 20-23 will keep health care workers in the workforce by giving health-related licensing boards flexibility in licensing requirements so COVID-19 related lapses in continuing education requirements don’t impact health care professionals’ ability to provide licensed care. The Executive Order allows health care professionals to temporarily defer continuing education requirements, allows emergency medical service providers to complete continuing education through distance learning, and extends temporary permits for nurses." - Office of Governor Tim Walz (3/27/20)
"Consistent with the FHWA’s April 3, 2020 Notice of Enforcement Discretion, the restrictions in Minnesota Statutes 2019, sections 160.08, subdivision 7, and 160.2725, subdivision 1, are waived to the extent that they prohibit commercial food trucks from operating and selling food in designated highway rest areas." - Office of Governor Tim Walz (5/1/2020)
"Pursuant to Minnesota Statutes 2019, section 12.42, I authorize and request Out-of-State Healthcare Professionals who hold an active, relevant license, certificate, or other permit in good standing issued by a state of the United States or the District of Columbia to render aid in Minnesota during the peacetime emergency declared in Executive Order 20-01 (including any extensions of that peacetime emergency)." - Office of Governor Tim Walz (4/25/2020)
"The weight-related regulatory provisions of Minnesota Statutes 2019, sections 169.8261, 169.86, and 169.87, are temporarily suspended, to the extent that those provisions require a special permit or restrict the overweight movement of wood products, including biomass and forage, used exclusively for the composting process of animals that have been depopulated due to impacts of COVID-19... Motor carriers and drivers providing direct assistance to emergency relief efforts by transporting wood products, including biomass and forage, used exclusively for the composting process of animals that have been depopulated due to impacts of COVID- 3 19, are exempted from paragraphs (b) and (c) under the Code of Federal Regulations, title 49, part 395.3, which are incorporated in Minnesota Statutes 2019, section 221.0314, subdivision 9, pertaining to hours of service." - Office of Governor Tim Walz (4/24/2020)
"The state is allowing phone calls to count as a visit with the doctor so that those prescriptions can be refilled without an actual person to person visit." - WDAM (3/16/20)
"The licensure board is allowing out of state physicians to practice telemedicine without being licensed here, as long as they contact the board for authorization, are licensed and in good standing where they practice." - WDAM (3/16/20)
Mississippi - Allowing remote notarization
"This Executive Order temporarily modifies 1 Miss. Admin Code Pt. 5, R.1.5 for the duration of the State of Emergency and for fourteen days thereafter and allows notaries public commissioned under the laws of this State to perform a notarization for a principal not in the physical presence of the notary public..." - Office of Governor Tate Reeves (4/6/20)
"In order to cope with and respond to the COVID-19 emergency… provisions… are hereby suspended to the extent necessary to delay the expiration of all valid driver's licenses, learner's permits, intermediate licenses, firearm permits, security guard permits and ID cards set to expire between March 14, 2020, and June 30, 2020. Such licenses, permits and ID cards shall instead expire on August 3, 2020." - Office of Governor Tate Reeves (4/20/20)
"Any Healthcare Professional or Healthcare Facility, absent a showing of malice, reckless disregard or willful misconduct, shall be immune from suit for civil liability for any injury or death alleged to have been sustained because of the Healthcare Professional's or Healthcare Facility's acts or omissions while providing healthcare services including, but not limited to, screening, assessing, diagnosing, treating patients for COVID-19 or otherwise acting in support of the State's COVID-19 response, including but not limited to acts or omissions undertaken because of a lack of resources..." - Office of Governor Tate Reeves (4/10/20)
"During this event, the Missouri HealthNet Division is: Waiving the requirement that physicians must have an established relationship with the patient before providing services via telehealth." - Missouri Department of Social Services (3/23/20)
Missouri - Out-of-state health care professionals may use telehealth to care for patients
"During this event, the Missouri HealthNet Division is: Waiving the requirement that, in order to treat patients in this state with telemedicine or telehealth, health care providers shall be fully licensed to practice in this state. MHD will allow providers to bill for telehealth services as long as they are licensed in the state in which they practice." - Missouri Department of Social Services (3/23/20)
"Effective immediately, prescribers seeking requests and/or renewal of Durable Medical Equipment (DME) items via Exceptions, Pre-Certification, and/or Prior Authorization may utilize face-time and/or telephone calls in place of a face-to-face office visit." - Missouri Department of Social Services (3/23/20)
"The Director of the Department of Health and Senior Services is hereby vested with authority to temporarily waive or suspend the operation of any statutory requirement or administrative rule, upon approval of the Office of the Governor, where strict compliance with such requirements and rules would prevent, hinder, or delay necessary action by the department to respond to the COVID-19 health threat and to best serve public health and safety during the period of the emergency and subsequent recovery period." - Office of Governor Michael Parson (3/18/2020)
"The Director of the Department of Public Safety is hereby vested with authority to temporarily waive or suspend the operation of any statutory or administrative rule or regulation under the Director’s purview, upon approval of the Office of the Governor, in order to best serve the public health and safety during the period of the emergency and subsequent recovery period." - Office of Governor Michael Parson (3/18/2020)
"The Director of the Department of Social Services is hereby vested with authority to temporarily waive or suspend the operation of any statutory or administrative rule or regulation under the Director’s purview, upon approval of the Office of the Governor, in order to best serve public health and safety during the period of the emergency and subsequent recovery period." - Office of Governor Michael Parson (3/18/2020)
"The Director of the Department of Commerce and Insurance and the Division of Professional Registration and its Boards are hereby vested with authority to temporarily waive or suspend the operation of any statutory requirement or administrative rule under their purview, upon approval of the Office of the Governor, in order to best serve public health and safety during the period of the emergency and subsequent recovery period." - Office of Governor Michael Parson (3/18/2020)
"The Director of the Department of Labor and Industrial Relations is hereby vested with authority to temporarily waive or suspend the operation of any statutory or administrative rule or regulation under the Director’s purview, upon approval of the Office of the Governor, in order to best serve public health, safety, and financial needs during the period of the emergency and subsequent recovery period." - Office of Governor Michael Parson (3/18/2020)
"The Commissioner of the Office of Administration is hereby vested with authority to temporarily waive or suspend the operation of any statutory or administrative rule or regulation under the Commissioner’s purview, upon approval of the Office of the Governor, in order to best serve the public health and safety during the period of the emergency and subsequent recovery period." - Office of Governor Michael Parson (3/18/2020)
Missouri - Expanding telehealth services
"I temporarily suspend the provisions of subsections 1 and 4 of section 334.108, section 191.1146, and 20 CSR 2220-020(11) relating to telemedicine and pharmacology for telemedicine, in order to allow physicians licensed under Chapter 334, RSMo, to decrease the risk of exposure to both healthcare providers and patients." - Office of Governor Michael Parson (3/18/2020)
"I temporarily suspend the provisions of section 307.400, RSMo, pertaining to hours of service of motor carriers and drivers of commercial motor vehicles in accordance with the Federal Motor Carriers Safety Administration Emergency Declaration under 49 CFR 390.23, No. 2020-02, allowing the immediate transportation of essential supplies, equipment, and persons." - Office of Governor Michael Parson (3/18/2020)
"I temporarily suspend the provisions of subsection 3 of section 161.210, RSMo, and 5 CSR 20-400.330, 500-560, 590-610, and 640 relating to teacher certification with regard to qualifying scores on exit examinations, and culminating clinical experience in terms of semester hours, weeks, and number of placements, in order to ensure that the teacher workforce shortage is not exacerbated by COVID-19." - Office of Governor Michael Parson (3/18/2020)
Missouri - Suspending any prohibition of the sale of un-prepared food by restaurants to the public
"I hereby order the suspension of any prohibition of the sale of un-prepared food by restaurants to the public or the enforcement thereof by any political subdivision of the state. Nothing in this order shall be construed to suspend the enforcement of laws pertaining to adulterated or misbranded food pursuant to Chapter 196, RSMo." - Office of Governor Michael Parson (3/23/2020)
Missouri - Waiving all penalties for late renewal applications for concealed carry permits
"I MICHAEL L. PARSON, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including section 44.100, RSMo, hereby order that all penalties enumerated in section 571.104.4, RSMo, for late renewal applications for concealed carry permits are hereby waived for sixty days from the date of this order." - Office of Governor Michael Parson (4/2/2020)
Missouri - Allowing remote notarization
"Any notarial act performed through video conference in compliance with this order shall have the same force, effect, and validity as any other notarial act performed in compliance with Missouri law, and may be relied upon to the same extent as any other notarial act under Missouri law." - Office of Governor Michael Parson (4/6/2020)
Montana - Waive late filing fee for businesses until July 15th
"Montana Secretary of State’s Office announced Tuesday it will waive the late filing fee for businesses until July 15 in response to the emergency order related to the coronavirus." - Havre Daily News (4/8/20)
Montana - Increasing legal weight limits on motor carriers by 10 percent for commercial vehicles
"The limited waivers on motor carriers provided in the Federal Motor Carrier Safety Administration’s (FMCSA) Emergency Declaration No. 2020-002 are adopted and in effect in Montana and run concurrent to the federal declaration and its limitations, which increases the legal weight limits by 10 percent for commercial vehicles to provide supplies to help support response to the emergency." - Office of Governor Steve Bullock (3/15/2020)
Montana - Waives requirement that local and county governments implement a 2 mill emergency levy
"Governor Steve Bullock today issued a Directive to waive the current requirement that local and county governments implement a 2 mill emergency levy in order to access new funding coming to the state through the federal Coronvirus Aid, Relief and Economic Security (CARES) Act." - Office of Governor Steve Bullock (4/7/2020)
Montana - Allowing online and mail renewal of driver's licenses
"Governor Steve Bullock today issued a Directive allowing Montanans to renew their driver’s licenses online and by mail and extended the deadline to complete title and registration paperwork to provide essential services without furthering the spread of COVID-19." - Office of Governor Steve Bullock (4/2/2020)
Montana - Waiving temporary registration and temporary fuel permits for vehicle providing supplies
"Waive temporary registration and temporary fuel permits for vehicle providing supplies to help support response to the emergency." - Office of Governor Steve Bullock (3/27/2020)
"Local governments may modify the hours that their offices are open for the transaction of business. Strict compliance with § 7-4-2211, MCA, § 3-6-106, MCA, §7-4-102, MCA, and other related statutes governing the business hours of local governments in Montana are suspended during the emergency, but only to the extent necessary to respond to the emergency and to protect public health and safety." - Office of Governor Steve Bullock (3/24/2020)
"Local governments may modify their vacation and sick leave policies in response to the emergency to minimize the economic impact on their employees. Such policies may include permitting impacted employees who have exhausted their leave to accrue negative balances of sick or vacation time for the duration of the emergency. Local governments will bear all legal and financial responsibility related to any such policy modifications. Strict compliance with the local government portions of § 2-18-601 et seq., MCA, and related statutes is suspended for this limited purpose only, and only to the extent necessary for responding to the emergency." - Office of Governor Steve Bullock (3/24/2020)
"Local governments may modify their employment policies, including modifications to the minimum work-week hours requirements. Strict compliance with the § 7-5-4111, MCA, and related statutes is suspended but only to the extent necessary for responding to the emergency." - Office of Governor Steve Bullock (3/24/2020)
"Local governments may toll and hold in abeyance certain deadlines provided in state law and regulation including the deadlines provided at: o Title 7 – Local Government Chapter 2, Part 43-48 Chapter 5, Parts 1 and 42 Chapter 5, Part 2123(2) Chapter 15, Parts 42-43 Chapter 21, Part 10 o Title 76 – Land Resources and Use Chapters 1-8 o Local Government actions relating to ARM 17.36 Subdivision/On-Site Wastewater Treatment (Chapters 1,3,6,8,9)... Strict compliance by local governments with deadlines provided in the above rules and statutes is suspended only to the extent necessary to respond to the emergency, and only for the duration of the emergency." - Office of Governor Steve Bullock (3/24/2020)
Montana - Allowing alcohol delivery and takeout
"The places subject to this Directive are permitted and encouraged to offer food and beverage using delivery service, window service, walk-up service, drive-through service, or drive-up service, and to use precautions in doing so to mitigate the potential transmission of COVID-19, including social distancing. Customers may order and pay by telephone or online from a retailer or manufacturer licensed to sell alcoholic beverages in the State of Montana. A retailer or manufacturer licensed to sell alcoholic beverages in the state of Montana may deliver for sale the alcoholic beverages for which it is licensed. Delivery must be conducted by the licensee’s employees over the age of 21 and age of the purchaser and recipient must be verified at the time of delivery. The purchased alcohol must be hand-delivered to the purchaser." - Office of Governor Steve Bullock (3/20/2020)
Montana - Expanding access to telehealth services
"Strict compliance with the provisions of §§ 33-22-138(6)(d), 37-3-102(14), 37-11-101(11), 37- 15-102(11), and 37-15-201(1)(d), MCA, and ARM 24.156.802(4), 24.156.813, 24.189.301(16), 24.189.415, 24.222.907, 24.222.910, 24.222.913, and 24.222.920 is suspended to the limited extent that providers are not limited for the duration of the emergency to the use of any specific technologies to deliver telemedicine, telehealth, or telepractice services, and may provide such services using secure portal messaging, secure instant messaging, telephone conversations, or audio-visual conversations." - Office of Governor Steve Bullock (4/21/2020)
Montana - Expanding licensed health care providers eligible to deliver telemedicine services
"Pursuant to § 33-22-138(6)(b), MCA, many types of licensed health care providers are eligible to deliver telemedicine services when clinically appropriate and medically necessary, including physicians, dentists, physical therapists, most types of licensed mental health professionals, pharmacists, advanced practice nurses, plus numerous others as listed in statute.3 Any of the professionals listed in statute may deliver telemedicine, if they are licensed to practice medicine in this state." - Office of Governor Steve Bullock (4/21/2020)
Nebraska - Extending the tax deadline
"The State of Nebraska is providing this same income tax relief to state income taxpayers. The tax filing deadline will automatically be extended to July 15, 2020 for state income tax payments and estimated payments that were originally due on April 15, 2020. Nebraskans who are able to pay earlier are encouraged to do so to help the State manage its cash flow." - Office of Governor Pete Ricketts (3/23/20)
Nebraska - Allowing takeout for mixed drinks with lids
“Our restaurants and bars have been some of the hardest hit businesses during the COVID-19 pandemic,” said Gov. Ricketts. “I've signed an executive order to help them by allowing takeout for pre-made cocktails and other alcoholic beverages as long as they are sealed with a lid.” - Office of Governor Pete Ricketts (3/26/20)
Nebraska - Expanding access to childcare options
"The order is intended to activate nonprofits, faith-based organizations, and schools to help provide the care families need now. It eases the licensing requirements to open and operate a temporary, non-residential child care in an alternative setting. The executive order is effective immediately and will remain in place until 30 days after the State lifts the current COVID-19 state of emergency." - Office of Governor Pete Ricketts
Nebraska - Waiving certain hauling requirements for truckers
Gov. Ricketts is "waiving certain hauling requirements for truckers delivering food and supplies, such as food products to grocery stores." - Office of Governor Pete Ricketts (3/13/20)
Nebraska - Authorizes the credentialing of retired of inactive health professionals
"The Governor’s order authorizes the credentialing of retired or inactive health professionals who wish to serve Nebraskans during the coronavirus 2019 (COVID-19) emergency." - Office of Governor Pete Ricketts (3/27/20)
The order "defers the requirements for healthcare providers to pay initial licensing fees or to complete continuing education." - Office of Governor Pete Ricketts (3/27/20)
Nebraska - Interstate reciprocity for health care licenses
"Additionally, the Governor is temporarily waiving the restrictions on licensed out-of-state medical professionals working in Nebraska." - Office of Governor Pete Ricketts (3/27/20)
"The executive order temporarily suspends the limitations on the number of physician assistants that a physician may supervise." - Office of Governor Pete Ricketts (3/27/20)
Nebraska - Suspended certificate of need laws for hospital beds
"The provisions of Neb. Rev. Stat.§ 71-5829.03(3)-(4) which require certificates of need for long-term care and rehabilitation beds and impose a moratorium on such beds are temporarily suspended in order to permit hospitals to add or convert any beds to long-term care or rehabilitation beds in appropriate locations to care for COVID-19 patients who no longer require acute care support and to prepare for patients who require longer lengths of stay for supportive care." - Office of Governor Pete Ricketts (3/31/20)
Nevada - Allowing the delivery of cannabis
"Section 5: Retail cannabis dispensaries may operate by delivery..." - Office of Governor Steve Sisolak (3/20/20)
"The expiration date on all active business and occupational licenses, including those dependent on the payment of a renewal fee, regulatory fine, or submission of mandatory reporting forms, issued by the DMV for new and used car dealerships, salespersons, automobile wreckers and dismantlers, body shops, garages, emissions stations, emissions inspectors, drive schools, short- and long-term lessors, and salvage pools, are extended for a period of 90 days from the expiration date shown on the license or registration for those licenses or registrations expiring during the time period of March 16, 2020 and April 30, 2020." - Office of Governor Steve Sisolak (3/20/20)
Nevada - All statutory and regulatory requirements related to distance education are suspended
"All statutory and regulatory requirements related to applications for Programs of Distance Education are suspended for the duration of the Declaration of Emergency regarding COVID-19…" - Office of Governor Steve Sisolak (3/20/20)
"Any specific time limit set by state statute or regulation for the commencement of any legal action is hereby tolled from the date of this Directive until 30 days from the date the state of emergency declared on March 12, 2020 is terminated." - Office of Governor Steve Sisolak (4/1/20)
Nevada - Licensing boards may waive certain licensing requirements for providers of medical services
"Professional licensing boards regulating providers of medical services shall temporarily waive certain licensing requirements to allow the practice of currently unlicensed skilled medical professionals during the pendency of the COVID-19 crisis." - Office of Governor Steve Sisolak (4/1/20)
"The waiver and exemption of professional licensing requirements shall apply to qualified providers of medical services during this declared emergency who currently hold a valid license in good standing in another state, providers of medical services whose licenses currently stand suspended for licensing fee delinquencies, providers of medical services whose licenses currently stand suspended for failure to meet continuing medical education requirements, and providers of medical services who have retired from their practice in any state with their license in good standing." - Office of Governor Steve Sisolak (4/1/20)
"A provider of medical services during this emergency is authorized to supervise students in their profession to provide any emergency medical services as is appropriate to the student's knowledge and skill level without further licensure or certification." - Office of Governor Steve Sisolak (4/1/20)
"All providers of medical services in the State of Nevada are authorized to practice outside the scope of their specialization, within the limits of their competency, to the extent necessary to augment and bolster Nevada's healthcare system during the COVID-19 crisis." - Office of Governor Steve Sisolak (4/1/20)
New Hampshire - Allowing for take-out or delivery beer or wine
"Temporary authorization for take-out or delivery beer or wine. All restaurants, diners, bars, saloons, private clubs or any other establishment that have both a restaurant license and on premise license from the New Hampshire liquor commission shall be temporarily authorized to allow for takeout or delivery of beer or wine." - Office of Governor Sununu (3/18/20)
New Hampshire - Expansion of access to Telehealth Services
"All medical providers shall be allowed to perform health care services through the use of all modes of teleheatlh, including video and audio, audio-only, or other electronic media, to treat the residents of the state of NH for all medically necessary services." - Office of Governor Sununu (3/18/20)
"Any out-of-state personnel, including, but not limited to, medical personnel, entering New Hampshire to assist in preparing for, responding to, mitigating the effects of, and recovering from COVID-19 shall be permitted to provide services in the same manner as prescribed in RSA 21-P:41 and any other applicable statutory authority with respect to licensing and certification regarding mutual aid during emergencies for a period of time not to exceed the duration of this emergency." - Office of Governor Chris Sununu (3/13/20)
"Any state-owned properties that DAS, in consultation with the Division of Public Health and the Division of Homeland Security and Emergency Management, determines are suitable for use to assist in preparing for, responding to, mitigating the effects of, or recovering from COVID-19 shall be made available to the Division of Public Health and/or the Division of Homeland Security and Emergency Management for this purpose, notwithstanding any state or local law that would restrict, delay, or otherwise inhibit such use." - Office of Governor Chris Sununu (3/13/20)
"To ensure hospitals and other health facilities are able to adequately treat patients who may be infected with COVID-19 or who are legally isolated as a result of COVID-19, and to prevent overburdening of existing resources of hospitals and health facilities, the Commissioner of the Department of Health and Human Services may waive any of the licensing or credentialing requirements of RSA Chapter 151 and accompanying regulations with respect to any hospital or health facility. Any waiver shall include alternative measures that, under the circumstances, will allow the facilities to treat legally isolated patients while protecting public health and safety. Any waivers granted pursuant to this paragraph shall be posted with the hospital or health facility's existing license." - Office of Governor Chris Sununu (3/13/20)
"The Commissioner of Health and Human services, in consultation with the State Fire Marshall, shall have the authority, on a case by case basis, to waive licensing requirements for day care facilities to allow for temporary provision of child care by ( 1) employers for children of their employees; (2) licensed day care facilities in situations where temporary exceedance of maximum enrollment may be necessary; and (3) any other circumstance in which the Commissioner determines that waiver of licensing requirements is necessary and will not adversely impact child safety. The State Fire Marshall shall have the authority to waive, on a case by case basis, the requirements of the provisions of the fire code related to child centers, consistent with the provisions of this paragraph." - Office of Governor Chris Sununu (3/13/20)
New Hampshire - Allowing remote notarization
"In order to provide New Hampshire citizens and businesses with a secure and safe method by which to execute important legal documents, and to promote and secure the safety and protection of the people of New Hampshire, for the duration of the State of Emergency declared in Executive Order 2020-04 and subject to the provisions of this Order, a notarial officer commissioned under the laws of this State may perform a notarization for an individual not in the physical presence of the notary officer if: (A) the individual and the notarial officer can communicate simultaneously by sight and sound through an electronic device or process at the time of the notarization..." - Office of Governor Chris Sununu (3/23/2020)
New Hampshire - Allowing pharmacists and pharmacies to compound and sell hand sanitizer
"To promote and secure the safety and protection of the people of New Hampshire, all licensed New Hampshire pharmacists and pharmacies may compound and sell hand sanitizer over the counter…" - Office of Governor Chris Sununu (3/23/2020)
"To protect the public's health and increase access to medical care in New Hampshire, and to promote and secure the safety and protection of the people of New Hampshire, any out-of-state pharmacy seeking to ship investigational drugs to clinical trial participants who reside in New Hampshire and who are unable to retrieve the investigational drugs from the out-of-state pharmacy due to the novel coronavirus shall be allowed to operate as if the out-of-state pharmacy were licensed as a mail-order pharmacy within the state of New Hampshire... " - Office of Governor Chris Sununu (3/23/2020)
"To protect the public's health and increase access to medical care in New Hampshire, any out-of-state medical provider whose profession is licensed within this State shall be allowed to perform any medically necessary service as if the medical provider were licensed to perform such service within the state of New Hampshire..." - Office of Governor Chris Sununu (3/23/2020)
"To further the temporary remote instruction and support of New Hampshire children, in-state and out-of-state medical providers shall be allowed to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, and/or other electronic media to New Hampshire children enrolled within a New Hampshire school or in a school in another state..." - Office of Governor Chris Sununu (3/23/2020)
New Hampshire - Allowing agents to consent to clinical trials
"For any patient experiencing severe, advanced COVID-19 symptoms or COVID-19 complications who does not have the capacity to consent himself or herself to an experimental treatment, it is hereby ordered that the provisions of RSA 137-J:5, V(d) are waived and that an agent, as defined in RSA 137-J:2, III and RSA 137-J:5, shall have the authority to consent to experimental treatments, authorized by an Institutional Review Board, on the patient for COVID19 symptoms or complications for the duration of the State of Emergency as extended and in accordance with the terms of Paragraph 3 below." - Office of Governor Chris Sununu (4/30/2020)
"To address staffing shortages at long-term care facilities and meet the needs of some of New Hampshire's most vulnerable populations, the position of temporary health partner is hereby authorized to work in a skilled nursing facility, notwithstanding any provision of RSA 326-B:14... The position of temporary health partner shall not be considered a substitute for the licensure under RSA 326-B:14 but is intended to assist the work of licensed nursing assistants. The temporary health partner shall not perform services independently, and must be supervised by licensed nurses at all times." - Office of Governor Chris Sununu (5/11/2020)
New Hampshire - Pharmacists may initiate, order, administer, and analyze COVID-19 test kits
"Pharmacists, licensed pursuant to RSA Chapter 318 and the administrative rules promulgated thereunder, may initiate, order, administer, and analyze the COVID-19 test kits under the following conditions…" - Office of Governor Chris Sununu (5/21/2020)
"Upon request, the Office of Professional Licensure and Certification (OPLC) shall reactivate the license of any medical provider previously licensed in New Hampshire in the last three years whose license is no longer active…" - Office of Governor Chris Sununu (5/21/2020)
"Upon request, the OPLC shall issue an emergency license to any medical provider previously licensed to practice in another jurisdiction within the last three years whose license is no longer active…" - Office of Governor Chris Sununu (5/21/2020)
"Upon request, the OPLC shall issue an emergency license to any fellow enrolled in a New Hampshire program accredited by the Accreditation Council for Graduate Medical Education (ACGME) to practice within his or her core specialty…" - Office of Governor Chris Sununu (5/21/2020)
New Jersey - Reactivating health care licenses of those previously licensed (in the last five years)
"Authorizing the Division of Consumer Affairs to temporarily reactivate the licensees of healthcare professionals previously licensed in the State within the last five years. This will enable doctors, nurses, and other healthcare professionals who have recently retired or have allowed their licenses to lapse to temporarily reactivate their license." - Office of Governor Phil Murphy (4/1/20)
New Jersey - Granting temporary medical licenses to doctors licensed in foreign countries
"Authorizing the Division of Consumer Affairs to grant temporary medical licenses to doctors who are licensed and in good standing in foreign countries." - Office of Governor Phil Murphy (4/1/20)
New Jersey - Expanding scope of practice for Advanced Practice Nurses (APNs)
"Temporarily waiving certain scope of practice restrictions on Advanced Practice Nurses (APNs) related to physician collaboration, including a rule requiring that an APN enter into a joint protocol with a collaborating physician and a rule requiring APNs to obtain authorization from a collaborating physician in order to dispense narcotic drugs.New Jersey Expanding scope of practice for Advanced Practice Nurses (APNs) Temporarily waiving certain scope of practice restrictions on Advanced Practice Nurses (APNs) related to physician collaboration, including a rule requiring that an APN enter into a joint protocol with a collaborating physician and a rule requiring APNs to obtain authorization from a collaborating physician in order to dispense narcotic drugs." - Office of Governor Phil Murphy (4/1/20)
New Jersey - Expanding scope of practice for Physician Assistants (PAs)
"Temporarily waiving certain scope of practice restrictions on Physician Assistants (PAs) related to physician supervision, including a rule requiring PAs to obtain physician authorization prior to prescribing a controlled dangerous substance." - Office of Governor Phil Murphy (4/1/20)
New Jersey - Allowing nurses to conduct evaluations of elderly by phone or video-chat
"In a temporary rule waiver adopted today, the Division is now allowing supervising nurses to conduct required plan-of-care evaluations by phone or video-chat instead of in person. The change guards against the spread of COVID-19 from healthcare workers to elderly and medically fragile individuals by making in-person supervisory visits, which typically occur at least every 60 days, unnecessary." - Office of Governor Phil Murphy (3/30/20)
New Jersey - Expansion of access to Telehealth Services
"The Governor directed departments to identify opportunities to support broader access and departments have identified opportunities to do so, including the waiving of co-pays, allowing the use of telephonic telehealth and tele-mental health services, allowing patients to use services from the comfort of their own homes, and increasing flexibility in the technological platforms used to deliver services and more." - Office of Governor Phil Murphy (3/22/20)
New Jersey - Expanding scope of practice for Advanced Practice Registered Nurses (APRNs)
"Suspends requirement for NPs to have joint protocol with a collaborating physician, requirement for chart review, requirement for physician name on prescriptions, and waives rule requiring APNs to obtain authorization from a collaborating physician in order to dispense narcotic drugs." - Office of Governor Phil Murphy (4/1/20)
New Jersey - Suspending certificate of need laws for hospital beds
"In the event of a State of Emergency as declared by the Governor of New Jersey in an Executive Order, that so significantly affects the ability of a licensed inpatient facility to offer its full array of services or forces it to evacuate its patients/residents, or causes a licensed facility to accommodate evacuated patients/residents from another facility, the Department of Health (Department) will not require prior Department approval of temporary waivers for the following requirements from licensed facilities that are affected by such an event: 1. Exceeding licensed bed capacity; 2. Bed additions requiring prior Certificate of Need approval; 3. Physical space requirements; or 4. Staff qualifications requirements." - New Jersey Department of Health (3/13/20)
New Jersey - Allowing remote marriage
"For the duration of the Public Health Emergency declared in Executive Order No. 103 (2020), the provisions of N.J.S.A. 37:1-7 and N.J.S.A. 37:1-8 requiring that individuals who wish to marry or enter into a civil union appear personally before a licensing official may be satisfied through the use of audio-visual technology under the following conditions: a. The video conference shall be live and must allow for interaction between the couple, the licensing official, and a witness; b. During the video conference, the following steps must occur in a way that is visible and audible to the couple, the licensing official, and a witness: i. Both members of the couple and the witness present valid photo identification and any other documents necessary to allow the licensing official to fulfill their statutory duty; ii. The licensing official administers the oath..." - Office of Governor Phil Murphy (5/1/2020)
New Jersey - Lifting in-person requirement for minor employment certification process
"For the duration of the Public Health Emergency declared in Executive Order No. 103 (2020), the provisions of N.J.S.A. 34:2-21.8 and N.J.S.A. 34:2-21.10, requiring the personal appearance of the minor, and, under certain circumstances, the minor’s parent or guardian, before school district issuing officers in order to apply for or sign employment certificates may be satisfied through the use of audio-visual technology. Each public school district shall develop and implement procedures to satisfy the statutory requirements without requiring in-person contact between the school district issuing official and the minor, under the following conditions..." - Office of Governor Phil Murphy (5/1/2020)
New Jersey - Extending property tax deadlines
"Any governing body of a municipality with a calendar year budget cycle may adopt a resolution instituting a grace period concluding on a date no later than June 1, 2020 for the payment of second-quarter property taxes. Any governing body of a municipality with a State Fiscal Year budget cycle may adopt a resolution instituting a grace period concluding on a date no later than June 1, 2020 for the payment of fourth-quarter property taxes." - Office of Governor Phil Murphy (4/28/2020)
New Jersey - Allowing motor vehicles transporting relief supplies a waiver to exceed weight limits
"Motor vehicles transporting relief supplies necessary for the response to the COVID-19 State of Emergency and Public Health Emergency shall be eligible to receive a special permit issued by NJDOT allowing up to a 15% tolerance, for a maximum of 92,000 pounds, on a vehicle with a minimum of five axles, above any weight limit imposed by statute or regulations at N.J.A.C. 13:18-1 et seq., on the Highways or portions thereof set forth in paragraph 4. This increased tolerance shall be the only increased tolerance applicable to the vehicle and includes gross weight and axle weight." - Office of Governor Phil Murphy (4/8/2020)
"Any individual granted a temporary license, certificate, registration or certification to practice a healthcare profession or occupation in connection with the State’s COVID-19 response, including those granted pursuant to paragraph 1 or 2 of this Order, shall be immune from civil liability for any damages alleged to have been sustained as a result of the individual’s acts or omissions undertaken in good faith, whether or not within the scope of the licensee’s practice, in the course of providing healthcare services in support of the State’s COVID-19 response, whether or not such immunity is otherwise available under current law. Such immunity shall not extend to acts or omissions that constitute a crime, actual fraud, actual malice, gross negligence or willful misconduct... Any healthcare facility, within the meaning of N.J.S.A. 26:13-2, any modular field treatment facility, and any other site designated by the Commissioner of the Department of Health for temporary use for the purpose of providing essential services in support of the State’s COVID-19 response, including hotels and student dormitories, shall be immune from civil liability for any damages alleged to have been sustained as a result of an act or omission undertaken in good faith in the course of providing services in support of the State’s COVID-19 response by one or more of its agents, officers, employees, servants, representatives or volunteers, if, and to the extent, such agent, officer, employee, servant, representative or volunteer is immune from liability, whether or not such immunity is otherwise available under current law. Such immunity shall not extend to acts or omissions that constitute a crime, actual fraud, actual malice, gross negligence or willful misconduct." - Office of Governor Phil Murphy (4/1/2020)
New Mexico - Increasing oversize loads to 88,000 pounds for relief delivery
"I direct the New Mexico Department of Transportation to create a streamlined process for Emergency Expedited Special Permits (EESP) that would allow overweight vehicles and loads that can be easily dismantled or divided to travel in New Mexico with a total gross weight with load up to eighty-eight thousand (88,000) pounds... To be eligible for an EESP, the applicant's vehicle and load must be primarily delivering relief supples." - Office of Governor Michelle Lujan Grisham (4/1/20)
New Mexico - Allowing Canadian nurses to provide care
"All nursing professionals who are licensed and in current good standing, in any province or territory of Canada, may be authorized… to work in any New Mexico healthcare facilities during the pendency of any declared public health emergency arising from the COVID-19 pandemic." - Office of Governor Michelle Lujan Grisham (4/2/20)
New Mexico - Motor Vehicle Division temporarily waiving late fees and penalties
"I direct the Secretary of TRD to issue an instruction to employees at MVD that temporarily waives the collection of all late fees or other penalties that are triggered by the failure of an applicant to timely submit an application or other required documentation for a registration, license, permit, or other privilege under the Motor Vehicle Code." - Office of Governor Michelle Lujan Grisham (3/30/20)
New Mexico - Allowing remote notarization
"The NCEU is directed not to recommend any form of discipline for any notary public who performs a notorial act through audio-video technology…" - Office of Governor Michelle Lujan Grisham (3/30/20)
New Mexico - Health care license reciprocity
"The Department of Health and the Department of Homeland Security and Emergency Management shall credential out-of-state professionals who can render aid and necessary services during the pendency of this Order." - Office of Governor Michelle Lujan Grisham (3/11/2020)
New Mexico - Alcohol take-out and delivery
"Bars are not permitted to operate other than for take-out and delivery if otherwise permitted under their applicable licenses." - Office of Governor Michelle Lujan Grisham (6/30/2020)
"Allow for replacement of durable medical equipment, prosthetics, orthotics and supplies when they are lost, destroyed, irreparably damaged or otherwise rendered unusable without the face-to-face requirement for obtaining a new physician’s order and new medical necessity documentation..." - Office of Governor Michelle Lujan Grisham (3/20/2020)
New Mexico - Waiving the maximum-supply requirement for maintenance drugs
"The New Mexico Human Services Department is also waiving the maximum-supply requirement for maintenance drugs and relaxing restrictions on early medication refills as follows: 30-day prescriptions may be refilled when the member has two weeks of medication on-hand, or what is allowed by the managed-care organization if less restrictive... 90-day prescriptions may be refilled when the member has three weeks of medication on-hand, or what is allowed by the managed-care organization if less restrictive." - Office of Governor Michelle Lujan Grisham (3/20/2020)
New Mexico - Expanding access to telehealth services
""Telemedicine is another way to prevent social contact and reduce the chances of spreading COVID-19. “It’s vitally important that Medicaid members – who make up almost half of all New Mexicans – have safe access to health care during the COVID-19 pandemic,” Comeaux said. “We are working closely with our provider networks to ensure they’re adequately supported, and we are also pursuing every federal option to secure reimbursements for providers who are delivering needed health care to New Mexicans in unconventional settings.”" - Office of Governor Michelle Lujan Grisham (3/20/2020)
New Mexico - Extending tax deadlines
"Gov. Michelle Lujan Grisham and Taxation and Revenue Department Secretary Stephanie Schardin Clarke announced Friday that New Mexicans will have an extra 90 days to file and pay their 2019 personal income taxes in recognition of the economic hardships many are facing as a result of the COVID-19 pandemic. Taxpayers will have until July 15 to file and pay any taxes due." - Office of Governor Michelle Lujan Grisham (3/20/2020)
New York - Restaurants and bars allowed to sell all forms of alcohol to-go
Governor Andrew Cuomo announced that as part of the new state-mandated take-out and delivery-only rule, restaurants and bars would also be allowed to sell all forms of alcohol to-go. - New York State Liquor Authority (3/17/20)
New York - Plastic bag ban suspended
"New York won’t enforce it’s recently enacted plastic bag ban for another two months, the state announced this week... pushing back the enforcement date from April 1 to May 15. While the ban went into effect at the beginning of March, the enforcement was delayed due to a suit brought on by New York businesses who argue they had little time to prepare. The suit is essentially on hold as the courts prioritize cases amid the coronavirus crisis and critics claim the ban is a health risk. Industry groups called the move a blessing for retailers as well as customers who are worried about using reusable bags at a time when contamination is a key concern." - NY Daily News (3/19/20)
New York - Suspension of Certificate on Need Laws for hospitals
Hospitals no longer need to seek the state’s approval before making changes to their "physical plants," like temporarily increasing their bed capacities. - Office of Governor Andrew Cuomo (3/19/20)
New York - Suspending laws mandating which cleaning products schools and the state may purchase
Laws that mandate that the only cleaning products that schools and the state can purchase are those that “minimize adverse impacts on children’s health and the environment” was suspended. Similarly, the procurement guidelines on buying these products have been relaxed. - Office of Governor Andrew Cuomo (3/19/20)
New York - Criminal background checks for child care providers suspended
A law mandating that child care providers undergo criminal background checks has been suspended. - Office of Governor Andrew Cuomo (3/19/20)
New York - Easing regulations on day care facilities
"Twenty-one other sections of Social Services regulations and a couple of sections of Social Services law dealing with day care have been put on ice. These suspensions will end capacity limits for day care facilities, let children of any age attend them and eliminate mandatory staffing minimums." - Politico (3/19/20)
"Every state or local law dealing with construction, energy conservation, or building codes can be suspended by the Commissioner of Health when creating new hospitals or extensions to existing ones." - Politico (3/19/20)
New York - Expansion of COVID-19 testing abilities
"The Commissioner of Health will be able to establish a new training program that will let individuals who are not currently registered as nurses engage in tasks that one currently needs to be licensed for. They’ll be able to “collect throat or nasopharyngeal swab specimens” from potentially infected individuals and will generally be able to perform all other tasks “otherwise limited to the scope of practice of a licensed or registered nurse” as long as they’re being supervised by a nurse... People who are not licensed in the state as clinical laboratory technicians, but do “meet the federal requirements for high complexity testing,” will be allowed to preform Covid-19 tests. Doctors and nurse practitioners will be able to give nurses blanket authority to perform Covid-19 tests without supervision." - Politico (3/19/20)
New York - Allows individuals with disabilities to be accompanied by staff of the opposite sex
"Individuals with disabilities will no longer need to be “accompanied by same gender staff” while being transported from state facilities. This will “permit providers to utilize staff members in the most effective means possible.”" - Politico (3/19/20)
New York - Established interstate reciprocity for health care licenses
"Physicians who are licensed anywhere in the country are now able to practice in New York without getting a state license. The same goes for other health care licensees. " - Office of Governor Andrew Cuomo (3/19/20)
New York - Expansion of access to Telehealth Services
"Every state law and rule dealing with telemedicine is suspended to make it easier for remote visits to occur." - Office of Governor Andrew Cuomo (3/19/20)
The approval process needed for giving a patient a drug that’s not on the state’s preferred list is suspended “to the extent necessary to allow patients to receive prescribed drugs, without delay.” Also, a law that requires managed care providers to consult with prescribers before deciding whether to cover some drugs was suspended. - Office of Governor Andrew Cuomo (3/19/20)
New York - Expanding scope of practice for Advanced Practice Registered Nurses (APRNs)
"Suspends requirement for written practice agreement or collaborative relationship with a physician until April 22, 2020." - Office of Governor Andrew Cuomo (3/23/20)
New York - Expanding scope of practice for Physician Assistants (PAs)
"Paragraph 1 of Section 6542 of the Education Law and Subdivisions (a) and (b) of Section 94.2 of Title 10 of the NYCRR to the extent necessary to permit a physician assistant to provide medical services appropriate to their education, training and experience without oversight from a supervising physician without civil or criminal penalty related to a lack of oversight by a supervising physician." - Office of Governor Andrew Cuomo (3/23/20)
New York - Loosened limits on what kind of vehicles can be driven in the state
Some limits on what kinds of vehicles can be on New York roads have been suspended, to let those “validly registered in other jurisdictions” participate in response efforts. - Office of Governor Andrew Cuomo (3/19/20)
New York - Allowing New Yorkers to obtain marriage licenses and perform ceremonies remotely
"Any issuance of a marriage license application, marriage license, or witnessing or solemnizing of the marriage ceremony, that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met: The couple seeking the marriage services, must present valid photo ID to verify identity whenever required by law the during the video conference, not merely transmit it prior to or after; the video conference must allow for direct interaction between the couple and the town or city clerk, the witness or the person to solemnize the marriage (e.g. no pre-recorded videos of the person signing or engaged in the marriage ceremony)..." - Office of Governor Andrew Cuomo (4/18/20)
New York - Allowing Canadian nurses to provide care
"Sections 6512 through 6516, and 6905, 6906 and 6910 of the Education Law and Part 64 of Title 8 of the NYCRR, to the extent necessary to allow registered nurses, licensed practical nurses, and nurse practitioners or a substantially similar title licensed and in current good standing in any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of licensure..." - Office of Governor Andrew Cuomo (4/16/20)
New York - Authorizes licensed pharmacists to order COVID-19 tests, antibody tests
"Section 6801 of the Education Law, to the extent necessary to authorize licensed pharmacists to order COVID-19 tests, approved by the Food and Drug Administration (FDA), to detect SARS-CoV-2 or its antibodies, and to administer COVID-19 tests subject to certificate of waiver requirements pursuant to the federal clinical laboratory improvement act of nineteen hundred eighty-eight, in patients suspected of a COVID-19 infection, or suspected of having recovered from COVID-19 infection, subject to completion of appropriate training developed by the Department of Health..." - Office of Governor Andrew Cuomo (4/25/20)
"Subdivision (6) of section 571 of the Public Health Law, to the extent necessary to permit licensed pharmacists to be designated as a qualified healthcare professional for the purpose of directing a limited service laboratory, pursuant to subdivision 579(3) of the Public Health Law, to test patients suspected of a COVID-19 infection or its antibodies provided that such test is FDA-approved and waived for use in a limited service laboratory..." - Office of Governor Andrew Cuomo (4/25/20)
"IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through July 2, 2020 the following: Section 6530 of the Education Law, or any section of the Public Health Law, to the extent necessary to allow a questionnaire administered through an asynchronous electronic interface or electronic mail that is approved by a physician licensed in the State of New York to be sufficient to establish a practitioner-patient relationship for purposes of ordering a clinical laboratory test." - Office of Governor Andrew Cuomo (6/2/2020)
"I hereby temporarily suspend or modify the following if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, for the period from the date of this Executive Order through June 6, 2020: Sections 7-103, 7-107 and 7-108 of the General Obligations Law to the extent necessary to provide that: Landlords and tenants or licensees of residential properties may, upon the consent of the tenant or licensee, enter into a written agreement by which the security deposit and any interest accrued thereof, shall be used to pay rent that is in arrears or will become due. If the amount of the deposit represents less than a full month rent payment, this consent does not constitute a waiver of the remaining rent due and owing for that month." - Office of Governor Andrew Cuomo (5/7/2020)
North Carolina - Lifted "Certificate of Need" law regarding hospital beds
"North Carolina temporarily lifted a regulation requiring hospitals to get state permission to add beds. The rule said hospitals couldn’t add more than 10% of their licensed bed capacity without state approval... Applying for a CON can cost as much as $500,000, and the state board which grants CONs doesn’t meet for months." - The Tribune Papers (3/15/20)
"DPS, in conjunction with the North Carolina Department of Transportation ("DOT"), shall waive the maximum hours of service for drivers prescribed by DPS pursuant to N.C. Gen. Stat. 20-381. DPS, in conjunction with DOT, shall waive certain size and weight restrictions and penalties... for vehicles transporting equipment and supplies for the restoration of utility services, and vehicles carrying essentials and equipment for any debris removal in support of emergency relief efforts in the Emergency Area." - Office of Governor Roy Cooper (4/14/20)
"Section 1 delegates to the Secretary of Health & Human Services authority to waive or modify the enforcement of any legal or regulatory constraints that would prevent or impair: ... (c) Temporarily adding dialysis stations, (d) Temporarily relocating dialysis stations, (e) Temporarily acquiring CT or MRI scanners, or (f) Allowing an ambulatory surgical facility to operate as a temporary hospital." - Office of Governor Roy Cooper (4/8/20)
North Carolina - Deregulating requirements on child care facilities
"Section 2 authorizes child care facilities to remain open or reopen under new guidelines that adapt regulatory requirements to the circumstances of the COVID-19 pandemic. The Order delegates to the Secretary of Health and Human Services authority to waive or modify enforcement of certain regulations, including: Regulations on child care facility requirements, activities, records, orientation, continuing education, food, and attendance, including without limitation 10A N.C. Admin. Code 09 .0201, .0508, .0510, .0703(c) and (d), .0901, .1101(a), .1401(a) and (f), .1402(b), .1709, .1718, .1721(a)(1) and (a)(2), .2318(6), .2504, .2508, .2830, .3003, and .3005." - Office of Governor Roy Cooper (4/8/20)
North Carolina - Interstate reciprocity for health care licenses
"Section 3 takes several actions meant to add additional health care workers to the North Carolina system. First, in Section 3(A), the Governor delegates to each professional health care licensure board the authority to waive or modify enforcement of any legal or regulatory constraints that would prevent: (i) Allowing practice in North Carolina by health care professionals that are licensed in other states, but not in North Carolina..." - Office of Governor Roy Cooper (4/8/20)
North Carolina - Allowing retired or inactive health care professionals to provide care
"Section 3 takes several actions meant to add additional health care workers to the North Carolina system. First, in Section 3(A), the Governor delegates to each professional health care licensure board the authority to waive or modify enforcement of any legal or regulatory constraints that would prevent: (ii) Allowing retired or inactive health care professionals to provide care..." - Office of Governor Roy Cooper (4/8/20)
North Carolina - Allowing unlicensed volunteers/students to provide certain care
"Section 3 takes several actions meant to add additional health care workers to the North Carolina system. First, in Section 3(A), the Governor delegates to each professional health care licensure board the authority to waive or modify enforcement of any legal or regulatory constraints that would prevent: ... (iii) Allowing skilled, but unlicensed volunteers to provide care; and/or (iv) Allowing students to provide care if they are at an appropriately advanced stage of professional study." - Office of Governor Roy Cooper (4/8/20)
"Section 5 suspends certain regulations that could prevent or impair providing mental health and substance use disorder treatment services and support services for individuals with intellectual and/or developmental disabilities (“MH/DD/SAS” services). To allow MH/DD/SAS services to continue to be provided—and to authorize these services to be provided by telehealth..." - Office of Governor Roy Cooper (4/8/20)
North Carolina - Waivers of enforcement of in-home aides rules
"Section 6(B) allows the Secretary of Health and Human Services to waive or modify the enforcement of regulations on initial assessments or supervisory visits, adapting those provisions for social distancing during the COVID-19 pandemic. The Secretary of Health and Human Services is delegated authority to waive or modify enforcement of the following regulations: Regulations on initial assessment for agencies providing in-home aide services, including but not limited to 10A N.C. Admin. Code 13J .1107.; Regulations on supervisory visits for in-home caregivers, including but not limited to 10A N.C. Admin. Code 13J .1110.; Any regulations that are related to the provisions listed above." - Office of Governor Roy Cooper (4/8/20)
"Because of the COVID-19 crisis, private health care providers are facing extreme difficulty in maintaining their workforce. Section 6(C) allows private health care providers, other than child care providers, to avoid a problem indirectly caused by certain counties failing to offer fingerprinting during the COVID-19 pandemic. Some counties currently fail to offer fingerprinting. Without fingerprinting, national background checks cannot be performed, although state background checks can still be performed. National background checks are required for certain new hires. Therefore, under Section 6(C), the Secretary of Health and Human Services is delegated the authority to give health care providers (other than child care providers) additional time to complete the national background check part of a new hire’s application." - Office of Governor Roy Cooper (4/8/20)
"The Secretary may, upon finding that a waiver or modification of enforcement will provide necessary relief to local health departments responding to the COVID-19 pandemic and will not endanger public health, (a) waive or modify enforcement of local health department mandated services requirements under 1 0A N.C. Admin. Code 46 .0200 and (b) may extend the time period for public health nurses to complete training sponsored by the North Carolina Department of Health and Human Services ("NCDHHS") under l0A N.C. Admin. Code 46 .0301(2)(b)." - Office of Governor Roy Cooper (5/12/2020)
North Dakota - Identifying regulatory burden in state agencies
Burgum ordered state agencies to identify "any state laws, rules or regulations that hinder or delay their ability to render maximum assistance or continue to deliver essential services to citizens during the COVID-19 crisis. State elected officials and other executive branch offices were invited to do the same." - Office of Governor Doug Burgum (3/20/20)
North Dakota - Expansion of access to Telehealth Services
Burgum suspended several regulatory and statutory requirements in order to "allow for expanded telehealth services in North Dakota as residents practice social distancing and medical facilities try to limit in-person visits to slow the spread of COVID-19." - Office of Governor Doug Burgum (3/20/20)
North Dakota - Recognition of expired licenses and registrations
"The... executive order requires law enforcement agencies and private sector businesses to recognize any North Dakota driver’s license or motor vehicle registration that expired on or after March 1, 2020, as valid and current as long as the executive order is in effect." - Office of Governor Doug Burgum (3/20/20)
North Dakota - Loosening regulatory requirements for hospital and health care facilities
"The licensing requirements for hospitals and other health care facilities… and all related provisions under the North Dakota Administrative Code are hereby suspended…"- Office of Governor Doug Burgum (3/20/20)
North Dakota - Allowing pharmacists to issue a 30-day extension of medication
"… to allow licensed pharmacists to provide emergency refills for maintenance medications in quantities of up to a thirty day supply." - Office of Governor Doug Burgum (3/21/20)
North Dakota - Background checks for health licenses suspended
"The nationwide criminal history record check requirements under North Dakota healthcare or behavioral health licensing statutes… are temporarily suspended during this declared state of emergency." - Office of Governor Doug Burgum (4/3/20)
North Dakota - In-person requirements for health care licensing renewals are suspended
"All in-person continuing education requirements for licensing renewals for health care or behavioral health licensing statutes and regulations are suspended during the pendency of this declared emergency." - Office of Governor Doug Burgum (4/3/20)
North Dakota - COVID-19 donations to state agencies not subject to "fair market value"
"N.D.C.C. 54-44-04.6(3) [[Surplus property must be transferred at fair market value to state agencies, political subdivisions, and nonprofit organizations eligible to receive federal surplus property under the Federal Property Administrative Services Act of 1949, as amended.]] shall be suspended as it pertains to the donation or transfer of surplus property that is directly related to the COVID-19 response, limited to, medical supplies or person protective equipment being transferred to the North Dakota Department of Health or other state agency, political subdivisions, or any eligible charitable organizations." - Office of Governor Doug Burgum (4/8/20)
"The eligibility requirement for Career and Technical Education (CTE) Scholarships under NDCC 15.1-21-02.4(8), requiring high school seniors graduating in May 2020 to achieve a "C" grade or higher for courses in the CTE curriculum will be temporarily suspended for courses completed during the 2020 spring term, provided the student earned credit for the coursework." - Office of Governor Doug Burgum (5/19/2020)
Ohio - Permanently expanded the duties of certified registered nurse anesthetists
The Ohio legislature permanently expanded the duties of certified registered nurse anesthetists to include things like ordering and administering drugs and IV fluids, ordering diagnostic tests, and directing nurses to administer drugs. - Ohio Legislature, H.B. 197 (4/1/20)
Ohio - Relaxing licensing requirements for newly graduated nursing students
State lawmakers have temporarily relaxed licensing requirements to get newly graduated nursing students on the job immediately. - Ohio Legislature, H.B. 197 (4/1/20)
Ohio - Allowing the sale and delivery of alcohol
"The Ohio Liquor Control Commission passed an emergency rule to allow establishments with an existing on-premises liquor permit to sell and deliver alcohol, including high-proof liquor in limited quantity, for off-premises consumption." - Office of Governor Mike DeWine (4/7/20)
"Hospitals and physicians are permitted to access and use commercial laboratories for the analysis of COVID-19 tests to facilitate and maximize the testing of Ohioans. Physicians should monitor the time it takes to get test results and, if the time is unacceptable, healthcare providers should resume sending specimens to an Ohio hospital system laboratory or the Ohio Department of Health Public Health Laboratory for more timely processing." - Ohio Department of Health (4/20/20)
Ohio - Waiving single trip permit requirements for commercial motor vehicles
"The requirement for commercial motor vehicles traveling into or through the State of Ohio to file an application for and receive a single trip permit as required by section 5728.03 of the Ohio Revised Code and the International Fuel Tax Agreement is hereby waived for commercial motor vehicles engaged in transporting emergency relief supplies to affected areas of the COVID-19 pandemic." - Office of Governor Mike DeWine (4/16/20)
Ohio - Allowing food trucks to operate at rest areas
"To address one of the biggest challenges truck drivers face, access to a hot meal, the Ohio Department of Transportation (ODOT) is temporarily opening the state's 86 rest areas to food trucks. "Truck drivers are the lifeblood of the economy and their jobs have never been more critical than now," said Governor Mike DeWine. "I've heard from many in the trucking industry that finding a place to eat while they're on the road has been tough, but we're here to help."" - Ohio Department of Transportation (4/10/2020)
"The preexisting patient relationship requirement for telemedicine…is hereby waived so long as this Order is in effect." - Office of Governor J. Kevin Stitt (3/17/20)
Oklahoma - Interstate reciprocity for health care licenses
"Any medical professional who holds a license, certificate, or other permit issued by any state that is a party to the Emergency Management Compact evidencing the meeting of qualifications for the practice of certain medical services… shall be deemed licensed to practice in Oklahoma... " - Office of Governor J. Kevin Stitt (3/17/20)
Oklahoma - Regulatory relief for commercial motor vehicles providing assistance for relief
"This Emergency Declaration provides regulatory relief for commercial motor vehicle operations that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks…" - Office of Governor J. Kevin Stitt (3/17/20)
Oklahoma - Allowing retired medical professionals re-entry into the workforce
"Removal of barriers of entry for retired medical professionals from re-entering the workforce. Medical professionals who have lapsed or inactive licenses or certifications may have their single-state license or certification reinstated if they submit a reinstatement application and fee proscribed by their respective licensing boards and meet the qualifications for licensure or certification..." - Office of Governor Kevin Stitt (4/8/2020)
Oklahoma - Removing limits on the amount of PAs, CRNAs, and NPs licensed physicians may supervise
"As long as this Executive Order is in effect a licensed physician shall be able to supervise any number of Physician Assistants, Certified Registered Nurse Anesthetists, and Nurse Practitioners, and shall be able to supervise the Physician Assistants, Certified Registered Nurse Anesthetists, and Nurse Practitioners using remote or telephonic means." - Office of Governor Kevin Stitt (4/8/2020)
Oklahoma - Waiving certificate of need requirements
"State certificate of need requirements for adding beds are waived and Centers for Medicare and Medicaid Services regulations, including waivers of certain regulations due to COVID-19 emergency, will pre-empt state statutes and rules relating to expanding capacity." - Office of Governor Kevin Stitt (4/8/2020)
"Oklahoma State regulations requiring Clinical Laboratory Improvement Amendment (CLIA) certification for testing laboratories are hereby suspended until further notice for the universities named below and for the narrow purposed described herein." - Office of Governor Kevin Stitt (4/8/2020)
"Any statutory or rule-based time requirements for completing training and becoming certified as a peace officer for duly appointed or elected peace officers during the existence of this emergency are hereby waived during the period of the emergency and for thirty days after the emergency is declared to be over." - Office of Governor Kevin Stitt (4/8/2020)
Oklahoma - Allowing flexibility in spaces used for patient care
"For the duration of the health emergency declared herein, any physical space offered and found to be safe for patient care by a Medicare-or Medicaid-certified and Oklahoma-licensed hospital (including psychiatric and critical access facilities) or skilled nursing facility shall be deemed an annex to a provider's license." - Office of Governor Kevin Stitt (4/8/2020)
Oregon - Renewal of medical licenses
"Nik Blosser, Gov. Brown's chief of staff, said the state would immediately take steps to expand the health care workforce, by automatically renewing the license of any medical professional whose license had recently expired, for instance." - KGW8, NBC (3/16/20)
Oregon - Allows people to pump their own gas
"Effective immediately today, until April 11 (two weeks from effective date), retail facilities of Class 1 flammable liquid transportation fuels [formerly] prohibited from offering self-service refueling shall: 1. Prepare, implement and enforce social distancing policies consistent with guidance from the Oregon Health Authority, 2. Require an attendant to be on duty to supervise self-service refueling consistent with the social distancing policies and help mitigate the spread of COVID-19 through sanitization measures, and 3. Designate an employee at each station to implement and enforce the social distancing policies." - Office of State Fire Marshal (3/28/20)
Oregon - Plastic bag ban suspended
"Oregon suspended its brand-new ban on plastic bags this week..." - AP News (4/8/20)
"Any re9uirement of the tax supervising and conservation commission to conduct a hearing under ORS 294.640 or 294.655 may be satisfied by providing a method of appearing or meeting by telephone, video, or other electronic methods, and by also providing a means of submitting written communications..." - Office of Governor Kate Brown (4/15/2020)
Oregon - Allowing all modes of telehealth delivery
"Providers shall be allowed to use all modes of telehealth delivery including synchronous video, telephone-based service delivery, and other appropriate methods." - Oregon Health Authority (3/2020)
Oregon - Waiving requirement that telehealth services be available only to established patients
"Waiving the requirement that certain services be available only to established patients…" - Oregon Health Authority (3/2020)
Oregon - Removing restrictions related to where patients can be to receive services
"Removing restrictions related to where patients can be to receive services (e.g. home, nursing home, or where they are physically present and can receive the service)..." - Oregon Health Authority (3/2020)
Oregon - Suspending in-person CPR certification requirements
"OAR Temporary Suspensions: 852-080-0040(2)(e) Requiring CPR Certification courses be conducted in-person rather than online." - Oregon Administrative Rules (3/18/2020)
Oregon - Lifting continuing education requirements for health licenses
"OAR Temporary Suspensions: 824-070-0005(5) Requiring specified participation in continuing education. Health Licensing Office." - Oregon Administrative Rules (3/20/2020)
Oregon - Allowing self-study for continuing education of art therapist authorization
"OAR Temporary Suspensions: 331-385-0010(6) Prohibiting self-study for continuing education requirement of art therapist authorization." - Oregon Administrative Rules (3/20/2020)
Oregon - Allowing self-study for continuing education of license renewal
"OAR Temporary Suspensions: 331-830-0010(5) Prohibiting self-study for continuing education requirement of license renewal. Health Licensing Office." - Oregon Administrative Rules (3/20/2020)
Oregon - Allowing self-study for continuing education of lactation consultant authorization
"OAR Temporary Suspensions: 331-485-0005(5) Prohibiting self-study for continuing education requirement of lactation consultant authorization." - Oregon Administrative Rules (3/20/2020)
Oregon - Waiving civil rights & ethics exam for several license applicants
"OAR Temporary Suspensions: 584-230-0020(4)(d), 584-230-0040(5)(d) Requiring CTE license applicants to complete specified civil rights & ethics exam. 584-400-0160(2)(c)(i), 584-400-0180(5)(b) Requiring education preparation providers to complete specified civil rights & ethics exam. Requiring school administrator applicants to complete specified civil rights & ethics exam. Requiring teaching license applicants to complete specified civil rights & ethics exam. Requiring licensure, endorsement & specialty programs to complete specified civil rights & ethics exam." - Oregon Administrative Rules (3/26/2020)
"OAR Temporary Suspensions: 845-025-1060(8)(f) Requiring specified fee for transfer of application for packaging or labeling of cannabis product. Oregon Liquor Control Commission… 845-025-1060 (8)(e) Requiring specified fee for change to approved cannabis packaging or labeling." - Oregon Administrative Rules (4/6/2020)
Oregon - Waiving four hour in-person examination for engineering and land surveying
"OAR Temporary Suspensions: 820-010-2010 Requiring the Board administer a four hour in-person examination. Oregon Board of Examiners for Engineering and Land Surveying." - Oregon Administrative Rules (4/10/2020)
Oregon - Waiving size and weight restrictions
"In accordance with the emergency declaration issued by Governor Brown on March 8, 2020, and under the authority granted the Department in ORS 823.012, the following commercial motor vehicle requirements are suspended effective March 16, 2020, for operators of commercial vehicles to travel in and through the state of Oregon to provide disaster assistance in Oregon, subject to the restrictions listed in this notice: ORS 818.400 Enforcement of size and weight permits..." - Oregon Department of Transportation (3/16/2020)
"In accordance with the emergency declaration issued by Governor Brown on March 8, 2020, and under the authority granted the Department in ORS 823.012, the following commercial motor vehicle requirements are suspended effective March 16, 2020, for operators of commercial vehicles to travel in and through the state of Oregon to provide disaster assistance in Oregon, subject to the restrictions listed in this notice: • ORS 825.100 Requirements for certificate or permit authority for commercial transportation of persons or property..." - Oregon Department of Transportation (3/16/2020)
"In accordance with the emergency declaration issued by Governor Brown on March 8, 2020, and under the authority granted the Department in ORS 823.012, the following commercial motor vehicle requirements are suspended effective March 16, 2020, for operators of commercial vehicles to travel in and through the state of Oregon to provide disaster assistance in Oregon, subject to the restrictions listed in this notice: ORS 825.160 Enforcement of the requirement for person operating as motor carrier to have policy of public liability and property damage insurance... ORS 825.162 Enforcement of the requirement for person operating as for-hire carrier of freight or express to have cargo insurance." - Oregon Department of Transportation (3/16/2020)
Oregon - Waiving hours of service requirements for motor vehicles
"In accordance with the emergency declaration issued by Governor Brown on March 8, 2020, and under the authority granted the Department in ORS 823.012, the following commercial motor vehicle requirements are suspended effective March 16, 2020, for operators of commercial vehicles to travel in and through the state of Oregon to provide disaster assistance in Oregon, subject to the restrictions listed in this notice: ORS 825.252 Hours of Service safety regulations as stipulated below and in accordance with the federal declaration of emergency issued BY FMCSA on March 13, 2020." - Oregon Department of Transportation (3/16/2020)
"Health care professionals licensed under any of the Department of State’s Bureau of Professional and Occupational Affairs (BPOA) licensing boards can provide services to patients via telemedicine during the coronavirus emergency." - Pennsylvania Department of State (3/18/20)
"Governor Wolf granted the Department of State’s request for a suspension to allow expedited temporary licensure to practitioners in other states to provide services to Pennsylvanians, for the duration of the coronavirus emergency." - Pennsylvania Department of State (3/18/20)
Pennsylvania - Certain regulations suspended for Nurse-Midwives
"Governor Wolf granted the Department of State’s request to allow the suspension of certain regulations concerning Certified Nurse Midwives. The Department of State’s Bureau of Professional and Occupational Affairs identified several regulations that could limit or delay the number of available practitioners to provide much-needed assistance." - Pennsylvania Department of State (3/20/20)
"In order to increase the number of practitioners available to respond to COVID-19, Governor Wolf granted the Department of State’s request to suspend the limitations on the number of institutions with which a medical doctor can be affiliated and the requirement to report those affiliations to the Board of Medicine for the duration of the disaster declaration. The Governor has suspended the institutional-license requirement that limits qualified medical doctors to practicing at no more than two (2) affiliated facilities." - Pennsylvania Department of State (3/20/20)
Pennsylvania - In-Person Requirement Suspended for Court Reporters
"Governor Wolf granted the Department of State’s request to suspend the requirement for physical presence of notaries who are court reporters/stenographers participating in criminal, civil and administrative proceedings in this Commonwealth." - Pennsylvania Department of State (3/21/20)
Pennsylvania - Waives Some Nurse Licensing Requirements to Aid Coronavirus Response
"The Department of State has waived certain administrative requirements for nurses, including temporarily extending license expiration dates and waiving associated fees during the coronavirus emergency." - Pennsylvania Department of State (3/21/20)
Pennsylvania - Some Continuing-Education Restrictions Suspended for Licensed Professionals
"Governor Wolf granted the Department of State’s request to suspend restrictions on distance-learning for continuing-education requirements for certain licensed professionals." - Pennsylvania Department of State (3/22/20)
"In order to increase the number of health-care practitioners available to respond to the COVID-19 emergency, Governor Wolf has granted the Department of State’s request to suspend some licensing requirements related to psychology; social work, marriage and family therapy and professional counselors." - Pennsylvania Department of State (3/22/20)
"In order to allow physician assistants practicing under the state Board of Osteopathic Medicine to more easily and effectively assist with emergency response efforts to COVID-19, Governor Wolf granted the Department of State’s request to suspend requirements pertaining to written agreements and several other items." - Pennsylvania Department of State (3/22/20)
Pennsylvania - Pennsylvania Expands Access to Pharmacy Services
"The Wolf administration is removing barriers for pharmacies to provide services for Pennsylvanians in response to the COVID-19 outbreak. Governor Wolf has granted a request from the Pennsylvania Department of State to suspend certain pharmacy regulations to enable more flexible and available services during the coronavirus emergency." - Pennsylvania Department of State (3/22/20)
Pennsylvania - Pennsylvania to Allow Retired Health Care Professionals to Bolster COVID-19 Response
"In order to increase the number of health care practitioners available to respond to the COVID-19 emergency and to ensure continuity of patient care and services, Governor Wolf has granted the Department of State’s request to suspend some licensing and regulatory requirements that will allow individuals in the healthcare field who have inactive licenses or have allowed their Pennsylvania license to expire, to seek reactivation and immediately resume work within their scope of practice, provided their inactive or expired license is/was in good standing." - Pennsylvania Department of State (3/25/20)
Pennsylvania - Expanding scope of practice for Certified Registered Nurse Practitioners (CRNPs)
"Restrictions requiring a CRNP practice within a specific clinical specialty are suspended. Restrictions which prohibit CRNPs from prescribing drugs outside of the established formulary are suspended. On an initial application for prescriptive authority, the State Board of Nursing will require only one collaborative physician and one substitute physician. During the emergency period, for changes to an existing prescriptive authority collaborative agreement (PACA), the Board of Nursing will suspend Board pre-approval requirements..." - Pennsylvania Department of State (3/20/20)
"Governor Tom Wolf signed an executive order to afford health care practitioners protection against liability for good faith actions taken in response to the call to supplement the health care provider workforce during the COVID-19 pandemic." - Office of Governor Tom Wolf (5/6/2020)
"Suspends or removes a host of regulatory barriers that would otherwise impede or prevent out-of-state, retired or other qualified practitioners from providing services where needed in the Commonwealth." - Office of Governor Tom Wolf (5/6/2020)
Pennsylvania - Allows taxing districts to waive late fees and penalties for property taxes
"Governor Tom Wolf signed Senate Bill 841 today that helps local communities and businesses respond to the COVID-19 emergency and protect the public. The bill provides flexibility on property tax deadlines… Provides property tax relief by allowing taxing districts to waive late fees and penalties for property taxes paid by December 31, 2020." - Office of Governor Tom Wolf (4/20/2020)
Pennsylvania - Allows remote notarization
"Governor Tom Wolf signed Senate Bill 841 today that helps local communities and businesses respond to the COVID-19 emergency and protect the public. The bill... allows remote public meetings and notarization of documents so online vehicle sales can resume." - Office of Governor Tom Wolf (4/20/2020)
Pennsylvania - Vehicle sales may be conducted online
"The governor will sign Senate Bill 841 later today that approves qualified Pennsylvania notaries public to perform remote online notarizations, which will allow auto dealerships to conducted limited car sales and leasing operations through online sales, as a notary is required to complete the transaction." - Office of Governor Tom Wolf (4/20/2020)
Pennsylvania - Allows curbside pickup of alcohol
"The Pennsylvania Liquor Control Board (PLCB) today began accepting orders by phone for curbside pickup at 176 locations. Phone orders can be placed between 9 a.m. and 1 p.m., or until reaching a store’s maximum order capacity each day. Curbside pickups will be scheduled from 9 a.m. to 6 p.m. within a few days of order placement. Callers will be guided through each store’s unique inventory. There is a limit of six bottles per order, and credit cards are the only accepted form of payment. At pickup, customers will be required to present identification before the order is delivered." - Office of Governor Tom Wolf (4/20/2020)
Pennsylvania - Extending tax deadlines
"“As we all work together to prevent the spread of COVID-19, it’s critical for us to take action that will provide immediate relief for Pennsylvanians and our businesses,” Governor Wolf said. “In addition to extending tax filing and payment deadlines, we are giving taxpayers more time and flexibility in other areas so that they can concentrate on their well-being. This is a needed step that will help everyone during this uncertain time.” This temporary relief for taxpayers will remain in effect through at least July 15, 2020." - Office of Governor Tom Wolf (4/15/2020)
Pennsylvania - Waiving prepayments of sales tax
"As part of the effort to help businesses affected by the COVID-19 pandemic, Governor Tom Wolf today announced businesses that collect Pennsylvania sales tax will not have to make Accelerated Sales Tax (AST) prepayments over the next three months. That means businesses that normally have a monthly prepayment requirement will not be charged penalties for missing the prepayment deadline during this three-month period." - Office of Governor Tom Wolf (4/14/2020)
Pennsylvania - Cocktails-to-go from bars, restaurants or hotels with a liquor license
"Governor Tom Wolf today signed House Bill 327, now Act 21 of 2020, allowing the temporary sale of cocktails-to-go from bars, restaurants or hotels with a liquor license. The law takes effect immediately. “This new temporary rule creates more business for bars and restaurants when they need it, helps to meet customer demand and supports social distancing,” said Governor Wolf. “As we approach the holiday weekend, I encourage all Pennsylvanians to remember to drink responsibly.” The law applies to bars, restaurants and hotels that have lost 25 percent of average monthly total sales during the COVID-19 emergency. The beverages must be sold in containers with a secure lid in quantities from 4 oz. to 64 oz. before 11 p.m. An additional seal is required on the straw opening of a lid. Within 60 days, bars and restaurants must use a transaction scan device to verify a consumer’s age if the person appears to be younger than 35 years of age." - Office of Governor Tom Wolf (5/21/2020)
Rhode Island - Hospital and nursing facility licensing statutes and rules are suspended
"The hospital and nursing facility licensing statutes and rules, including but not limited to the nursing facility bed moratorium statute and rules, and certificate of need statutes and rules, as well as R.I. General Laws 23-6-8 (requiring local authorization of a hospital or camp for communicable disease), are suspended with respect to all Rhode Island hospitals and nursing facilities solely to the extent the services they provide are in response to this Order." - Office of Governor Gina Raimondo (4/10/20)
Rhode Island - Patients may be transferred to other care settings
"If, due to capacity, a hospital considers itself unable to provide inpatient care for COVID-19 patients at a level of quality available at other Rhode Island hospitals, patients may be transferred to the nearest hospital location or other appropriate care setting with the capacity to provide care at the community standard at the time, subject to patient choice." - Office of Governor Gina Raimondo (4/10/20)
"Nursing facilities may add beds and services and/or operate alternative nursing care sites, including quarantine step-down sites as defined by the Director of the Rhode Island Department of Health, to address the COVID-19 virus and hospitals may also provide nursing facility services on their premises subject to the approval of the Director of the Rhode Island Department of Health." - Office of Governor Gina Raimondo (4/10/20)
Rhode Island - Immunity for responding health care facilities, health care workers and others
"The following are deemed and/or affirmed to be "disaster response workers" entitled to immunity under R.I. Gen. Laws§ 30-15-lS(a) and to provide services beyond or without a license as permitted by R.I. Gen. Laws§ 30-15-lS(b}: a. All persons and organizations subject to this Order, including health care workers providing community-based health care, services at surge hospitals and services in existing hospitals, nursing facilities and alternative nursing care sites. However, nothing in this Order provides immunity to such persons and organizations, including health care workers, for negligence that occurs in the course of providing patient care to patients without COVID-19 whose care has not been altered by the existence of this disaster emergency. b. The landlords making the surge hospital locations and alternative nursing care sites available to the State, plus their employees, management companies and contractors providing services to construct, operate or decommission the surge hospital locations." - Office of Governor Gina Raimondo (4/10/20)
"The provisions of R.I. Gen. Laws § 40-6.2-1.1 are hereby suspended... Subject to the review and approval of the Director of Rhode Island Office of Management and Budget, DHS shall promulgate emergency regulations that will contain temporary rates for reimbursing child care providers during the COVID-19 emergency." - Office of Governor Gina Raimondo (6/26/2020)
Rhode Island - Former licensees by Rhode Island Department of Health may be reemployed
"The prohibitions and restrictions on post-retirement employment by persons who have retired under the provisions of R. I. Gen. Laws Title 16, 36, or 45, contained in R.I. Gen. Laws§ 36-10-36, are hereby suspended with respect to those specific retirees identified by the Rhode Island Department of Health (RIDOH)... With respect to each retiree identified by RIDOH as possessing the skills, training, or knowledge necessary to address the public health crisis engendered by COVID-19, RIDOH shall execute and deliver to the State Retirement Board of the Employees Retirement System of the State of Rhode Island a written certification that such re-employment (a) is of finite duration and (b) is necessitated by the good faith belief that the skills, training, or knowledge of such retiree is needed to address the public health crisis caused by COVID-19." - Office of Governor Gina Raimondo (6/20/2020)
Rhode Island - Suspending bed moratorium statute and rules, certificate of need statutes and rules
"The hospital and nursing facility licensing statutes and rules, including but not limited to the nursing facility bed moratorium statute and rules, and certificate of need statutes and rules, as well as section 23-6-8 of the Rhode Island General Laws (requiring local authorization of a hospital or camp for communicable disease), are suspended with respect to all Rhode Island hospitals and nursing facilities solely to the extent the services they provide are in response to this Order." - Office of Governor Gina Raimondo (6/7/2020)
Rhode Island - Allowing take-out and delivery for alcohol
"Section 3-7-7 of the Rhode Island General Laws requiring a Class B licensee to sell alcohol for consumption only on the premises shall continue to be suspended. A Class B licensee will now be permitted to sell, with take-out food orders, up to 2 bottles of wine, 144 ounces of beer or mixed beverages in original factory sealed containers, and 144 ounces of draft beer or 72 ounces of mixed beverages containing not more than 9 ounces of distilled spirits in growlers, bottles or other containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was removed or broken, provided such sales shall be made in accordance with Section 1.4.10 of the Department of Business Regulation (DBR) Liquor Control Administration Regulations, 230-RICR-30-10-1 and any guidance or other DBR regulations. Any restaurant, bar or establishment that offers beer, mixed beverages or wine pursuant to this Order must do so in accordance with the social distancing protocols, regulations and guidance set forth by RIDOH... Such establishments may continue to offer food and beverages for take-out and delivery." - Office of Governor Gina Raimondo (5/8/2020)
South Carolina - Issuing of “emergency” nursing and medical licenses to combat COVID-19
"The state medical board can expedite temporary licensure for out-of-state physicians, physician assistants and respiratory care practitioners within 24 hours... There will be no fee." - Office of Governor Henry McMaster (3/14/20)
"I hereby authorize and direct DHEC to suspend, for the duration of the present emergency, pursuant to Regulation 61-112 of the South Carolina Code of Regulations, any necessary and applicable provisions of Regulations 61-15 and 61- 16, which restrict the use of unlicensed beds or space, the conversion of single and double occupancy patient rooms to account for higher patient capacity, or the establishment of wards, dormitories, or other spaces not designated as patient rooms... I hereby suspend the monetary thresholds set forth in Section 102 of Regulation 61- 15 of the South Carolina Code of Regulations for items requiring Certificate of Need Review, to the extent necessary and applicable, so as to permit healthcare facilities to make those capital expenditures and acquire medical equipment deemed necessary to prevent, diagnose, treat, or monitor the progression of COVID-19." - Office of Governor Henry McMaster (3/19/20)
South Carolina - Allows curbside delivery and pickup of alcohol
"I hereby authorize and direct the South Carolina Department of Revenue (“DOR”) to implement, interpret, and apply the provisions of this Order, as necessary and appropriate and in accordance with and to the extent allowed by state and federal law, in a manner that will facilitate current holders of a valid Beer and Wine Permit (“Permit”), as set forth below, selling or delivering beer and wine in a sealed container for curbside delivery or pickup and off-premises consumption." - Office of Governor Henry McMaster (3/21/20)
"The South Carolina Department of Transportation and the South Carolina Department of Public Safety, including the State Transport Police, as needed, shall waive or suspend application and enforcement of the requisite state and federal rules and regulations pertaining to registration, permitting, length, width, weight, load, and hours of service for commercial vehicles and operators of commercial vehicles responding to the declared emergency in the State of North Carolina or otherwise providing direct assistance to supplement state and local efforts and capabilities to protect public health and safety in connection with COVID-19." - Office of Governor Henry McMaster (3/11/20)
"I hereby order that all licensing and registration requirements regarding private security personnel or companies who are contracted with South Carolina security companies in protecting property and restoring essential services in South Carolina shall be suspended, and I direct the South Carolina Law Enforcement Division (“SLED”) to initiate an emergency registration process for those personnel or companies for a period specified, and in a manner deemed appropriate, by the Chief of SLED." - Office of Governor Henry McMaster (3/28/2020)
South Dakota - Suspends regulatory provision governing teacher evaluations
"The executive order (EO 2020-14) suspends certain regulations, namely: The regulatory provision governing teacher evaluations…" - Office of Governor Kristi Noem (4/8/20)
South Dakota - Expanding access to telehealth services
"I temporarily suspend the statutory provisions… governing the requirement that telehealth may not be utilized without a prior provider-patient relationship… governing the telehealth providers ability to prescribe certain medications based solely on a telehealth encounter... requiring real-time visual technology for telehealth services or prohibiting aido-only transmission thereof." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Lifting capacity limit of foster homes
"I temporarily suspend the regulatory provision of ARSD 67:42:05:04 governing the capacity limit of foster homes." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Lifting limits on the length of stay at shelter care facilities
"I temporarily suspend the regulatory provision… governing the length of stay at shelter care facilities." - Office of Governor Kristi Noem (4/15/20)
"I temporarily suspend the statutory provision… requiring healthcare providers to obtain a South Dakota controlled substances registration to engage in the prescribing, distributing, or dispensing of any controlled substance within the state, so long as the individual possesses a federal DEA controlled substances registration and a state registration in at least one other state or U.S. territory." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Allowing ambulance transportation to more facilities than just the hospital, airport
"I temporarily suspend the regulatory provision… limiting the use of the ground component of an air ambulance transport only from a hospital to the airport and vice versa." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Lifting background check requirements for permanent licensure
"I temporarily suspend… the regulatory provision… requiring a complete criminal background check to be obtained prior to permanent licensure. Physicians, physician assistants, chiropractors, dentists, optometrists, registered nurses, licensed professional nurses, certified registered nurse anesthestists, clinical nurse specialists, certified nurse practitioners, certified nurse midwives, certified professional midwives, and pharmacists..." - Office of Governor Kristi Noem (4/15/20)
"I temporarily suspend the statutory provision… requiring supervision of physician assistants and advanced life support personnel when caring for or treating COVID-19 positive patients during the COVID-19 State of Emergency." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Suspending supervision requirements for occupational therapy assistants
"I temporarily suspend the regulatory provision… requiring the physical presence of an occupational therapist on the premises where a patient is being cared for by an occupational therapy assistant." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Suspending experience hour requirements for pharmacist licensure
"I temporarily suspend the regulatory provisions… requiring applicants to have completed 2,000 hours of experience…" - Office of Governor Kristi Noem (4/15/20)
South Dakota - Allowing pharmacists more flexibility in filling prescriptions
"I temporarily suspend the regulatory provisions… requiring a pharmacist to obtain prescriber permissions to refill a non-controlled prescription and… requiring pharmacist-to-pharmacist interaction for the purpose of transferring a prescription." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Suspending the limits on doses and medications in health care facility emergency kits
"I temporarily suspend the regulatory provisions… limiting the number of doses and medication in health care facility emergency kits." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Suspends pharmacist to technician ratio requirement at a retail pharmacy
"I temporarily suspend the regulatory provisions… requiring a 3:1 pharmacist to technician ratio at a retail pharmacy." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Lifts equipment and supply requirements for ambulances
"I temporarily suspend the regulatory provisions… governing equipment and supply requirements for ambulances." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Allows cosmetology education off premises
"I temporarily suspend the statutory provision… governing the requirement that schools licensed by the Cosmetology Commission may only conduct educational programs on the premises of the school." - Office of Governor Kristi Noem (4/15/20)
South Dakota - Suspending limits on number of credits attained by online courses
"I temporarily suspend the regulatory provision… limiting the number of credit hours by correspondence or interactive online continuing education courses." - Office of Governor Kristi Noem (4/15/20)
"I temporarily suspend the statutory provisions… governing the requirement that an application for a public grain warehouse license and grain buyer license be notarized." - Office of Governor Kristi Noem (4/15/20)
Tennessee - Established interstate reciprocity for health care professionals
Gov. Bill Lee lifted licensing requirements for health care professionals to allow them to provide "localized treatment of patients in temporary residences." He is now allowing health care professionals who are licensed in another state to engage in the practice of their profession in Tennessee. - Executive Order by Governor Bill Lee (3/12/20)
Tennessee - Waiving child care licensure requirements
"Related rules are hereby suspended to the extent necessary to give the Commissioner of Human Services the discretion to waive the child care licensure requirements, including requirements concerning capacity, care categories, grouping, license transfers, and drop-in centers, if necessary to respond to the effects of COVID-19." - Executive Order by Governor Bill Lee (3/12/20)
Tennessee - Suspends many requirements of transporting medical supplies
"The provisions... that set forth maximum height, length, and width limitations are hereby suspended in the case of vehicles participating in the response to COVID-19, subject to the following conditions: a vehicle must be transporting emergency supplies, equipment, or mobile structures to affected areas." - Executive Order by Governor Bill Lee (3/12/20)
"The provisions of Tenn. Comp. R. & Regs. 1200-06-03-.16 are suspended to allow testing for COVID-19 at alternate testing sites without prior approval by the Medical Laboratory Board; provided, that laboratories shall notify the Medical Laboratory Board of any such alternate testing sites." - Executive Order by Governor Bill Lee (3/12/20)
Tennessee - Expanding scope of practice for Nurse Practitioners (NPs)
"Waives the requirement that NPs file notice with the Board of Nursing containing the name of the nurse practitioner, the name of the licensed physician collaborating with the nurse practitioner, and a copy of the formulary describing the categories of legend and non-legend drugs to be prescribed or issued by the nurse practitioner. Waives the requirement for chart reviews. Waives the requirement that a supervising physician visit remotes sites every 30 days during the pandemic." - Office of Governor Bill Lee (3/19/20)
Tennessee - Expanding scope of practice for Physician Assistants (PAs)
"The provisions of Tennessee Code Annotated, Title 63, Chapter 19, Part 1, Tenn. Comp. R. & Regs. 0880-03-.01 through Tenn. Comp. R. & Regs. 0880-03-.25, and Tenn. Comp. R. & Regs. 0880-02-.18 are hereby suspended to the extent necessary to relieve physician assistants from the following requirements: (1) filing a notice of authorization for prescribing form with the Committee on Physician Assistants containing the name of the physician assistant, the name of the licensed physician collaborating with the physician assistant, and a copy of the formulary describing the categories of legend and non-legend drugs to be prescribed or issued by the physician assistant; (2) having charts reviewed; and (3) having remote sites visited by collaborating physicians every thirty (30) days." - Office of Governor Bill Lee (3/19/20)
Tennessee - Suspending certificate of need laws for projects deemed necessary for fighting COVID-19
"The provisions of Tennessee Code Annotated, Section 68-11-1607, are hereby suspended to the extent necessary to allow hospitals that would otherwise be subject to certificate of need requirements to temporarily increase their number of licensed hospital beds at any location or temporarily establish hospital and diagnostic services at any location, if necessary for the treatment of COVID-19 patients, as well as to the extent necessary to facilitate activity authorized by the provisions of this Order and any subsequent order concerning COVID-19." - Office of Governor Bill Lee (3/19/20)
Texas - Alcohol and groceries allowed in the same delivery truck
"Governor Greg Abbott lifted the restriction that forbid trucks from delivering both alcohol and groceries in the same truck." - KXXV (3/15/20)
Texas - Allowing the delivery of alcohol
Under this waiver, restaurants with a mixed beverage permit will immediately be able to sell beer, wine, or mixed drinks for delivery "as long as they are accompanied by food purchased from the restaurant." - Office of Governor Greg Abbott (3/18/20)
"Governor Greg Abbott directed the Texas Medical Board (TMB) and the Texas Board of Nursing (TBN) to fast-track the temporary licensing of out-of-state physicians, physician assistants, certain retired physicians, nurses, and other license types to assist in Texas' response to COVID-19." - Office of Governor Greg Abbott (3/14/20)
Texas - Licensing requirements for health care providers loosened
"Physician Assistants (PA), Medical Physicists, Perfusionists, and Respiratory Care candidates for licensure who have completed all other requirements may enter the workforce under an emergency license working under supervision prior to taking the final licensure examination." - Office of Governor Greg Abbott (4/5/20)
"The Governor's waiver allows more flexibility between physicians and the PAs and Advance Practice Registered Nurses they supervise including allowing for oral prescriptive delegation agreements to enable rapid deployment of those practitioners during the emergency." - Office of Governor Greg Abbott (4/5/20)
Texas - Waiving Certain Pharmacy Regulations To Increase Workforce Capabilities
"Governor Greg Abbott has temporarily waived certain regulatory requirements to increase the job capacities of pharmacy technicians and pharmacy interns. Under the Governor's waiver, pharmacy technicians can now accept prescription drug orders over the phone — a responsibility typically reserved for pharmacists. The Governor's waiver also allows pharmacy technicians to transfer or receive a transfer of original prescription information on behalf of patients. These two waivers can be utilized at the discretion of pharmacists. Additionally, Governor Abbott has waived certain regulations allowing pharmacy interns to assist pharmacists without the designation of preceptor." - Office of Governor Greg Abbott (4/7/20)
"Governor Greg Abbott has temporarily waived certain restrictions to allow Texas higher education institutions to transfer all unexpended student financial aid funds from the Texas College Work-Study (TCWS) program to other financial aid programs that do not have a work-study requirement to ensure students will continue receiving financial assistance. Those programs include the TEXAS Grant program, the Texas Educational Opportunity Grant program, and the Tuition Equalization Grant program." - Office of Governor Greg Abbott (4/22/20)
Texas - Waives certain testing requirements for Advance Practice Registered Nurses (APRN)
"Governor Greg Abbott has waived certain testing requirements for Advance Practice Registered Nurses (APRN) as part of the state's response to COVID-19. As a result of this waiver, new APRN graduates who have applied for APRN licensure with the Board of Nursing and have met all licensure requirements except national certification may begin practicing under direct physician supervision. This graduate approval does not include prescriptive authority." - Office of Governor Greg Abbott (4/22/20)
"Governor Greg Abbott has waived certain regulations related to restrictions on physicians-in-training (PIT) permit holders in order to increase health care capacity through the state's response to COVID-19. With these waivers, Texas hospitals and facilities associated with Graduate Medical Education (GME) training programs will be able to utilize PIT permit holders, with proper physician oversight, in areas outside of their GME training program. For example, under these temporary waivers, residents in a surgery residency program can assist in an Emergency Department if a surge of patients is experienced. These waivers will increase the availability of medically trained individuals to help assist the COVID-19 response." - Office of Governor Greg Abbott (4/11/20)
Texas - Allows more nurse aides to serve residents in long-term care facilities
"Governor Greg Abbott today announced that the Texas Health and Human Services Commission (HHSC) has adopted an emergency rule to temporarily allow more nurse aides to serve residents in long-term care facilities during the COVID-19 response. The emergency rule temporarily allows nursing facilities to hire people to provide nurse aide services without having to complete a full certification program in their first four months of employment. This action will expand the eligible pool of direct care workers and help long-term care providers who may face critical staffing shortages." - Office of Governor Greg Abbott (4/9/20)
Texas - Expanding access to telehealth services
"Governor Greg Abbott has temporarily waived a series of regulations to lift certain telehealth restrictions and expand telehealth options as Texas responds to COVID-19. These waivers will allow a smart phone or any audio-visual, real-time, or two-way interactive communication system to qualify as a telecommunications technology that can be used to provide certain telehealth services. These waivers apply to speech-language pathologists and audiologists, behavior analysts, hearing instrument fitters and dispensers, and dyslexia therapists and practitioners." - Office of Governor Greg Abbott (4/9/20)
Texas - Allowing remote notarization
"Governor Greg Abbott today suspended certain statutes concerning appearance before a notary public to execute a self-proved will, a durable power of attorney, a medical power of attorney, a directive to physician, or an oath of an executor, administrator, or guardian. These suspensions temporarily allow for appearance before a notary public via videoconference when executing such documents, avoiding the need for in-person contact during the COVID-19 pandemic." - Office of Governor Greg Abbott (4/9/20)
Utah - Expanding access to telehealth services
"The order allows medical providers to offer a telehealth service that does not comply with the security and privacy standards required by Utah law, so long as the healthcare provider notifies the patient that the service they are using does not comply with those standards, allows them to decline using the service, and takes reasonable steps to ensure that the service provided is secure and private." - Office of Governor Gary Herbert (3/26/20)
Utah - Deregulating employer compliance with the Utah Retirement Systems
"The suspension of enforcement of the following...: Utah Code § 49-11-1204(4)(b), to the extent it requires the participating employer to pay the amortization rate to URS; Utah Code § 49-11-1206(1)(b), to the extent it requires a participating employer to immediately notify URS of the reemployment; Utah Code 8 49-11-1206(3), to the extent it requires a retiree to report the status of the reemployment to URS; and Utah Code § 49-11-1207(1), to the extent it requires URS to take action regarding a violation of Subsection 49-11-1204(2) or (4)(b)." - Office of Governor Gary R. Herbert (3/30/20)
Utah - Suspending certain sections of state statute regarding requirements on signature gathering
"In order to better accommodate social distancing measures that help prevent the spread of COVID-19, Gov. Gary R. Herbert has issued an Executive Order suspending certain sections of state statute regarding requirements on signature gathering. Specifically, the order suspends the requirement that petition packets be bound prior to circulation and that a circulator personally witness each signature. Accordingly, the following actions are now permitted: 1) A candidate may send or make available an electronic copy of the signature page of a signature packet to any interested voter. The candidate is not required to furnish a cover page or circulator page to the interested voter. 2) An interested voter may print and physically sign the signature page. 3) The interested voter may send the pages back to the candidate via regular mail, fax, or e-mail. 4) The candidate may assemble any returned signature pages and then submit the signature packet to the election officer in-person or via designated agent. The packet does not require a circulator page." - Office of Governor Gary R. Herbert (3/26/20)
Utah - Lessen the burden on establishments with liquor licenses
"These orders... aim to help lessen the burden on establishments with liquor licenses, which are either temporarily closed or operating on a limited basis... Facilitate returns of product to the Department of Alcoholic Beverage Control by licensees impacted by recent health orders." - Office of Governor Gary R. Herbert (3/19/20)
Utah - Suspending enforcement of statutes relating to telehealth services
"I, Gary R. Herbert, Governor of the State of Utah, hereby order the following: 1. Executive Order 2020-7 is rescinded and replaced by this Order. 2. Enforcement of the following statutes is suspended: a. Utah Code § 26-60-102(9)(b)(ii); and b. Utah Code § 26-60-103(4)(a) to the extent that it interferes with a medical provider's ability to offer telehealth services." - Office of Governor Gary R. Herbert (5/15/2020)
Utah - Temporarily suspending certain provisions of the Utah code regarding vehicle registration
"I, Gary R. Herbert, Governor of the State of Utah, hereby order the suspension of enforcement of the following statutes as applied to a covered vehicle, as defined below: ... 2. Utah Code § 41-1a-201(1), requiring a motor vehicle, combination of vehicles, trailer, semitrailer, vintage vehicle, off-highway vehicle, vessel, or park model recreational vehicle in this state to be registered prior to operation by a person or automated driving system; 3. Utah Code § 41-1a-202(3), requiring a motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle to be registered within 60 days of the owner establishing residency in Utah; 4. Utah Code § 41-1a-218(1), requiring a person who, after making application for or obtaining a vehicle registration, moves from the address named in the application to notify the Division of the person's old and new address within 10 days of moving; 5. Utah Code § 41-1a-220(1), requiring the owner of a vehicle whose registration card is lost, mutilated, or becomes illegible, to immediately apply for a duplicate registration card; 6. Utah Code § 41-1a-703, requiring a transferee, before operating or permitting the operation of a transferred vehicle on a highway, to complete certain requirements, including obtaining a new registration for the transferred vehicle; 7. Utah Code §§ 41-1a-1101(1)(e) and (f), permitting the Division or a peace officer to seize and take possession of any vehicle or vessel operated without proper registration; 8. Utah Code § 41-1a-1303(1), prohibiting a person from driving or moving, and an owner from knowingly permitting to be driven or moving, upon any highway any vehicle of a type required to be registered in Utah that is not properly registered or for which a certificate of title has not been issued or applied for, or for which the required fee has not been paid; 9. Utah Code § 41-22-3(1)(a), prohibiting the operation or transportation of an unregistered off-highway vehicle on any public land, trail, street, or highway in Utah; and 10. Utah Code § 73-18-7(1)(b), prohibiting a person from placing, giving permission for the placement of, operation, or giving permission for the operation of an unregistered motorboat or sailboat on the waters of Utah." - Office of Governor Gary R. Herbert (4/29/2020)
Vermont - Authorizing take-out, curbside pickup and delivery of beverage alcohol
"Authorizing take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption." - Office of Governor Phil Scott (3/19/20)
Vermont - Allowing online renewal of drivers licenses
"Governor Phil Scott and the Vermont Department of Motor Vehicles (DMV) today announced the official launch of a new online system for license renewals. This new service comes at a critical time for Vermonters and dovetails with the Governor’s March 18 directive for the DMV to transition to online, mail and phone transactions to reduce the spread of COVID-19." - Office of Governor Phil Scott (4/10/20)
"Relevant rules governing medical services shall be suspended to the extent necessary to permit such personnel to provide paramedicine, transportation to destinations including hospitals and places other than hospitals or health care facilities…" - Office of Governor Phil Scott (4/15/2020)
Vermont - Allowing telemedicine to facilitate treatment of patients in place
"Relevant rules governing medical services shall be suspended to the extent necessary to permit… telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Commissioner of Health." - Office of Governor Phil Scott (4/15/2020)
"Relevant rules governing nursing services shall be suspended to the extent necessary to permit such personnel to provide medical care, including but not limited to administration of medicine, prescribing of medication, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Secretary of State in consultation with the Commissioner of Health." - Office of Governor Phil Scott (4/15/2020)
Vermont - Allowing outdoor consumption of beverage alcohol without a permit to do so
"Effective May 22, 2020, the rules of the Board of the Department of Liquor and Lottery (Board) are hereby amended or rescinded, or shall be interpreted as necessary, to allow first, third and fourth class licensees to offer outdoor consumption of beverage alcohol with, or independent of the sale of food... Enforcement of all municipal ordinances and regulations requiring an applicant to receive an approval or permit for outdoor food and beverage service is hereby suspended until such time as the local jurisdiction has acted to disapprove an Outdoor Consumption Permit issued by DLL hereunder." - Office of Governor Phil Scott (5/22/2020)
Vermont - Easing small business licensing requirements
"The Department of Health’s Food and Lodging licensing program will grant license extensions to all businesses (which includes restaurants, hotels, B&Bs, caterers, etc.) that are due for renewal March 1,2020 - June 30, 2020... The Department of Liquor and Lottery’s liquor licensing and permitting program will grant license extensions to all businesses that are due for renewal on April 30, 2020." - Office of Governor Phil Scott (3/2020)
"Provided relief to Vermont businesses who owe Meals and Rooms Tax or Sales and Use Tax until further notice, waiving penalties and interest for late submission of these taxes for taxpayers who are unable to meet the March 25 and April 25 filing deadlines." - Office of Governor Phil Scott (3/2020)
Vermont - Extending tax deadlines
"Extended income tax filing due dates from April 15, 2020 to July 15, 2020, allowing taxpayers to file and pay income taxes on or before July 15, 2020 without any penalty or interest." - Office of Governor Phil Scott (3/2020)
Virginia - Reducing driver training school regulations to minimize customer contact
Virginia will "minimize customer contact during driver training at Class B Virginia Driver Training Schools by: Waiving the two-student minimum requirement under the Virginia Driver Training Schools Regulations; Waiving the student-to-student observation periods during in-vehicle instruction; and Allowing one-on-one in-vehicle instruction." - Office of Governor Ralph Northam (3/17/20)
"I direct the Virginia Department of State Police (VSP) to undertake the following measure: Suspend the enforcement of Motor Vehicle Safety Inspections (MVSI) required under § 46.2-1157 of the Code of Virginia." - Office of Governor Ralph Northam (3/19/20)
Virginia - Lifted "Certificate of Need" law regarding hospital beds
""That order lifts our certificate of public need restrictions, so that our health commissioner can give hospitals and nursing homes the authority to add the beds they need without going through red tape," Northam said, during a Saturday morning press briefing. "They can act quickly to respond to the needs in this fast-changing situation."" - Patch (3/21/20)
Virginia - Allowing the wearing of a medical mask, respirator, or any other protective face covering
"The waiver of § 18.2-422 of the Code of Virginia so as to allow the wearing of a medical mask, respirator, or any other protective face covering for the purpose of facilitating the protection of one’s personal health in response to the COVID-19 public health emergency declared by the State Health Commissioner on February 7, 2020 and reflected in Executive Order 51 declaring a state of emergency in the Commonwealth. Executive Order 51 is so amended. This waiver is effective as of March 12, 2020 until 11:59 p.m. on Wednesday, June 10, 2020." - Office of Governor Ralph Northam (5/4/2020)
Virginia - Health care practitioner license reciprocity
"During the state of emergency declared in Amended Executive Order 51, a license issued to a health care practitioner by another state, and in good standing with such state, shall be deemed to be an active license issued by the Commonwealth to provide health care or professional services as a health care practitioner of the same type for which such license is issued in another state, provided such health care practitioner is engaged by a hospital, or an affiliate of such hospital where both share the same corporate parent, licensed nursing facility, or dialysis facility in the Commonwealth for the purpose of assisting that facility with public health and medical disaster response operations. Hospitals, licensed nursing facilities, and dialysis facilities must submit to the applicable licensing authority each out-of-state health care practitioner’s name, license type, state of license, and license 2 identification number within a reasonable time of such healthcare practitioner providing services at the applicable health care facility in the Commonwealth." - Office of Governor Ralph Northam (6/10/2020)
"A clinical psychologist, professional counselor, marriage and family therapist, and clinical social worker with an active license issued by another state may be issued a temporary license by endorsement as a health care practitioner of the same type for which such license is issued in another state upon submission of an application and information requested by the applicable licensing board and the board’s verification that the applicant’s license issued by another state is active in good standing and there are no current reports in the United States Department of Health and Human Services National Practitioner Data Bank. Such temporary license shall expire September 8, 2020. During such time the practitioner may seek a full Virginia license or transition patients to Virginia-licensed practitioners." - Office of Governor Ralph Northam (6/10/2020)
"Nurse practitioners licensed in the Commonwealth of Virginia, except those licensed in the category of Certified Registered Nurse Anesthetists, with two or more years of clinical experience may continue to practice in the practice category in which they are certified and licensed and prescribe without a written or electronic practice agreement until September 8, 2020." - Office of Governor Ralph Northam (6/10/2020)
"Health care practitioners with an active license issued by another state may provide continuity of care to their current patients who are Virginia residents through telehealth services for the duration of Amended Executive Order 51. Establishment of a relationship with a new patient requires a Virginia license unless pursuant to paragraphs 1 or 2 above." - Office of Governor Ralph Northam (6/10/2020)
"Physician assistants licensed in the Commonwealth of Virginia with two or more years of clinical experience may practice in their area of knowledge and expertise and may prescribe without a written or electronic practice agreement until September 8, 2020." - Office of Governor Ralph Northam (6/10/2020)
Virginia - Expanding telehealth services
"A healthcare practitioner may use any non-public facing audio or remote communication product that is available to communicate with patients for the duration of Amended Executive Order 51. This exercise of discretion applies to telehealth provided for any reason regardless of whether the telehealth service is related to the diagnosis and treatment of COVID-19." - Office of Governor Ralph Northam (6/10/2020)
"Therefore, by virtue of the authority vested in me by Article V, Section 7 of the Constitution of Virginia, by § 44-146.17 of the Code of Virginia and in furtherance of Executive Order No. 51, I clarify the following with respect to my executive actions and §§ 8.01-225.01 and 8.01-225.02 of the Code of Virginia: ... “Emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency” shall be deemed to include but is not limited to: (i) insufficient availability of PPE, ventilators, or other drugs, blood products, supplies or equipment; (ii) insufficient availability of trained staff; (iii) having licensed healthcare professionals deliver care that, while included in the scope of their licensure, exceeds the scope of their credentials at the hospital or other health care facility at which they deliver services or exceeds the scope of the services that they normally provide; (iv) implementation or execution of triage protocols or scarce resource allocation policies necessitated by healthcare provider declaration of crisis standards of care; and (v) using supplies or equipment in innovative ways that are different from the way that these supplies and equipment are normally used." - Office of Governor Ralph Northam (4/28/2020)
Washington - Allows for out-of-state licensed professional to volunteer in Washington
"Under RCW 70.15.050, while an emergency proclamation of the Governor is in effect, a volunteer health practitioner who is licensed in another state may practice in Washington without obtaining a Washington license if he or she is in good standing in all states of licensure and is registered in the volunteer health practitioner system." - Washington Department of Health (3/2020)
Washington - Suspending certificate of need laws for nursing homes and assisted living facilities
"I, Jay Inslee, Governor of the state of Washington, as a result of the above-noted situation, and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby proclaim that a state of emergency continues to exist in all counties of Washington State, that Proclamation 20- 05 and all amendments thereto remain in effect as otherwise amended, and that Proclamation 20- 05 is amended to waive and suspend specified statutes and regulations that prevent, hinder or delay action that is necessary to increase the availability of long-term care facility beds required to meet the unprecedented demands being imposed on Washington State’s health care system by the COVID-19 pandemic." - Office of Governor Jay Inslee (3/30/20)
Washington - Suspends the statute that requires shared work benefits to be paid by employers
"This proclamation waives/suspends the statute that requires shared work benefits to be paid by employers, thereby allowing federal CARES Act funding to be used to pay for the employer portion of shared work benefits." - Office of Governor Jay Inslee (6/19/2020)
Washington - Allowing online attestation
"The new waiver added here suspends part of the law that requires those seeking instructional permits from having to sign a form “before a person authorized to administer oaths.” Instead, now DOL will be able to do an online attestation and not have to meet in-person." - Office of Governor Jay Inslee (6/19/2020)
Washington - Lifting requirements for temporary practice permits
"RCW 18.130.075 (Temporary practice permits—Penalties), the following stricken language only: (1) If an individual licensed in another state that has licensing standards substantially equivalent to Washington applies for a license, the disciplining authority shall issue a temporary practice permit authorizing the applicant to practice the profession pending completion of documentation that the applicant meets the requirements for a license and is also not subject to denial of a license or issuance of a conditional license under this chapter. The temporary permit may reflect statutory limitations on the scope of practice. The permit shall be issued only upon the disciplining authority receiving verification from the states in which the applicant is licensed that the applicant is currently licensed and is not subject to charges or disciplinary action for unprofessional conduct or impairment. Notwithstanding RCW 34.05.422(3), the disciplining authority shall establish, by rule, the duration of the temporary practice permits." - Office of Governor Jay Inslee (6/19/2020)
"Eligibility. The waivers set forth above shall be only for persons applying for Temporary Practice Permits to practice as dentists, pharmacists, and dental hygienists who meet all of the following eligibility criteria: a. Graduated from an approved educational program, as required for the relevant profession, after January 1, 2020, b. Has not previously taken the state-level examination(s) required for licensure, c. Attests to the inability to take the required examination(s) within the normal timeframe due to a lack of exam space, d. Is included on a list, submitted by the relevant educational program to the Department of Health, of eligible graduates who, in the opinion of the relevant educational program, are prepared and competent to enter practice, e. Files an application on a form provided by or as otherwise directed by the Department of Health, f. Pays the required license application fee to the Department of Health, g. Completes any required background check, provided that a Temporary Practice Permit can be issued while the background check is completed, and h. Meets all other requirements to qualify and apply for licensure other than the examination requirement." - Office of Governor Jay Inslee (6/19/2020)
"This proclamation waives and suspends any and all provisions in agreements between the governor of the State of Washington and an Indian Tribe or Tribes restricting the use of fuel tax refund monies to highway- or transportation-related purposes." - Office of Governor Jay Inslee (5/28/2020)
"This proclamation waives/suspends statutes related to the funding process for certain collective bargaining agreements to enable OFM to use federal funding to address increased COVID-related costs for certain represented employees. Current law may require that funding not be provided until after the next legislative session, however the increased costs and need for funding exists now. In addition, if current law is not temporarily waived, the federal funding sources might not be available after the next legislative session. This waiver will not obligate the state for future costs and is time limited." - Office of Governor Jay Inslee (5/7/2020)
"This proclamation waives/suspends the statutory requirement that candidates for public office must submit a filing fee petition with registered voters’ signatures if they cannot afford to pay the filing fee. During the COVID-19 emergency, signature gathering runs contrary to recommended public health practices, so candidates for public office may now submit a filing fee petition without collecting those signatures." - Office of Governor Jay Inslee (5/6/2020)
Washington - Extends the renewal date of personal and commercial driver's licenses
"Personal and Commercial License Extensions - Extends the renewal date of personal and commercial driver's licenses. The proclamation expires May 3, 2020." - Office of Governor Jay Inslee (4/3/2020)
Washington - Waives deadlines for local governments to file their required annual financial reports
"This proclamation waives deadlines for local governments to file their required annual financial reports with the State Auditor’s Office, effective for thirty days. Specifically, this order waives a part of the law that requires local governments to file these financial reports no later than 150 days after the end of the fiscal year." - Office of Governor Jay Inslee (3/26/2020)
"I also find that strict compliance with the following statutory and regulatory obligations or limitations will prevent the Washington State healthcare system from meeting the demand for healthcare staffing to meet the demands of the COVID-19 State of Emergency under Proclamation 20-05, and that the language of each statutory and regulatory provision specified below is hereby waived and suspended in its entirety, except as otherwise provided herein, until midnight on April 25, 2020: A. Barriers to continued and uninterrupted healthcare practice, including continuing education and other training requirements and license renewal deadlines: Mental health counselors, marriage and family therapists, and social workers... Health care assistants... Medical assistants... Nursing professionals... Nursing assistants... Osteopathic physicians and surgeons... Osteopathic physicians’ assistants... Pharmacists... Pharmacy ancillary personnel... Physician assistants... Physicians... Respiratory care practitioners... Home care aides..." - Office of Governor Jay Inslee (3/26/2020)
Washington - Lifting rules restricting the practice of retired active licensees
"Licensed health profession rules restricting the practice of retired active licensees: Mental health counselors, marriage and family therapists, and social workers WAC 246-809-730(3) - the following language only: ", and must report eighteen hours of continuing education including six hours in professional ethics and law as required under WAC 246-809-630 every two years" Nursing professionals WAC 246-840-125(4)(b), (c) Osteopathic physicians and surgeons WAC 246-853-235(2), (3)(a) - the following language only: “calling for immediate action” WAC 246-853-235(5) Osteopathic physicians’ assistants WAC 246-854-112(2), (3), (4)(a) - the following language only: “calling for immediate action” WAC 246-854-112(6) Pharmacists WAC 246-863-080(2) - the following language only: “shall not be authorized to practice pharmacy and” Physician assistants WAC 246-918-175(2), (3), (4)(a) - the following language only: “calling for immediate action” WAC 246-918-175(6) Physicians WAC 246-919-480(2), (4) - the following language only: “and must report one hundred hours of continuing medical education at every renewal." - Office of Governor Jay Inslee (3/26/2020)
Washington - Lifting barriers to the practice of health care provider volunteers
"Barriers to the practice of health care provider volunteers: 1. WAC 246-12-130(2)(c) 2. WAC 246-12-130(2)(d) 3. WAC 246-12-430(1)(a) 4. WAC 246-12-440 5. WAC 246-12-530(4) 6. WAC 246-12-560(6) 7. WAC 246-840-930(8)(b) 8. WAC 246-840-940." - Office of Governor Jay Inslee (3/26/2020)
Washington - Lifting barriers to physician assistant movement related to delegation agreements
"Barriers to physician assistant movement related to delegation agreements 1. RCW 18.71A.030(1) - the following language only: “A physician assistant may practice medicine in this state only with the approval of the delegation agreement by the commission and only to the extent permitted by the commission. A physician assistant who has received a license but who has not received commission approval of the delegation agreement under RCW 18.71A.040 may not practice.” 2. RCW 18.71A.030(2) - the following language only: “and that are consistent with their commission-approved delegation agreement” 3. RCW 18.71A.035(1), (2) 4. RCW 18.71A.040 5. WAC 246-918-035(1) - the following language only: “consistent with the scope of practice in an approved delegation agreement” 6. WAC 246-918-055 7. WAC 246-918-075(2) - the following language only: “provided that the temporary practice permit holder has a delegation agreement approved by the commission” 8. WAC 246-918-080(4) 9. WAC 246-918-082(2) 10. WAC 246-918-095 - the following language only: “delegation agreement and” 11. WAC 246-918-120..." - Office of Governor Jay Inslee (3/26/2020)
"D. Barriers to broader practice by allopathic and osteopathic physicians currently limited to practice in post-graduate, fellowship, instructional, or other limited settings: 1. RCW 18.71.095(1) - the following language only: “Such license shall permit the holder thereof to practice medicine only in connection with patients, residents, or inmates of the state institutions under the control and supervision of the secretary of the department of social and health services or the department of corrections” 2. RCW 18.71.095(2) - the following language only: “Such license shall permit the holder thereof to practice medicine only in connection with his or her duties in employment with the city or county health department.” 3. RCW 18.71.095(3) - the following language only: “Such license shall permit the resident physician to practice medicine only in connection with his or her duties as a resident physician and shall not authorize the physician to engage in any other form of practice.” 4. RCW 18.71.095(4)(a) - the following language only; “shall permit the recipient to practice medicine only within the confines of the instructional program specified in the application and” 5. RCW 18.71.095(4)(b) - the following language only: “Such license shall permit the holder only to practice medicine within the confines of the fellowship program to which he or she has been appointed and,” 6. RCW 18.57.035 - the following language only: “that permits the physician in postgraduate training to practice osteopathic medicine and surgery only in connection with his or her duties as a physician in postgraduate training and does not authorize the physician to engage in any other form of practice.” - Office of Governor Jay Inslee (3/26/2020)
"I also find that strict compliance with the following statutory and regulatory obligations or limitations will risk destabilizing the state’s subsidized child care programs and prevent, hinder, or delay the response by the Department of Children, Youth, and Families to the COVID-19 pandemic State of Emergency under Proclamation 20-05, and that the language of each statutory and regulatory provision specified below is hereby waived and suspended in its entirety, except as otherwise provided herein, until midnight on April 25, 2020: 1. RCW 43.216.135(4)(a), the following words only: “within thirty days of receiving the initial state subsidy payment” 2. RCW 43.216.135(4)(b); RCW 43.216.135(4)(c) 3. RCW 43.216.135(5) 4. RWC 43.216.135(6), the following words only: “pending the successful completion of the level 3 rating activity” 5. RCW 43.216.085(3) 6. RCW 43.216.515(4)(a) 7. RCW 43.216.515(4)(b) 8. RCW 43.216.515(5)(a) 9. RCW 43.216.515(5)(b) 10. RCW 43.216.270(2), the following words only: “In order to determine the suitability of” 11. RCW 43.43.837(1), the following words only: “but shall require a fingerprint-based background check when the applicant or service provider has resided in the state less than three consecutive years before application” 12. RCW 43.43.837(4), the following words only: “fingerprint-based” and “and the federal bureau of investigation” 13. RCW 74.15.030(2)(b), the following words only: “, to determine whether the applicant or service provider is disqualified and to determine the character, competence, and suitability of an agency, the agency’s employees, volunteers, and other persons associated with an agency” 14. RCW 13.34.065(5)(b) “, but as soon as possible after placement." - Office of Governor Jay Inslee (3/26/2020)
"This proclamation suspends certain statutory requirements in the Open Public Meetings Act (OPMA) and Public Records Act (PRA) for 30 days. The OPMA requires public meetings have facilities made available for people to attend. Waiving this requirement works to prevent the gathering of people to further curb the spread of the virus. However, governing bodies may only address “necessary and routine matters” as defined in RCW 42.30.020, or matters necessary to address the COVID-19 outbreak, for the 30 days the proclamation is active. The PRA mandates public access to agency facilities to review and copy public records. Many state agencies are closed due to the governor’s emergency proclamation mandating non-essential businesses close or begin teleworking, closing agency facilities that would make it difficult to respond to requests in the five-day deadline. Under this order, the requirement for agencies to respond to or acknowledge all records requested in the PRA mandated timeframe is waived. However, agencies are still expected to continue to respond promptly and to the greatest and fullest extent possible." - Office of Governor Jay Inslee (3/24/2020)
Washington - Allowing remote notarization
"New electronic notary services are authorized by waiving the delayed effective date in SB 5641, passed by the Legislature in 2019. This bill imposed a delayed effective date of October 2020, which is being suspended in this proclamation so this service may be rendered immediately." - Office of Governor Jay Inslee (3/24/2020)
"Liquor and Cannabis Board Late Payment Waivers: This proclamation waives the penalties for failure to timely remit tax payments to the LCB until April 22. The waiver is made retroactive to the date of the governor’s declaration of a state of emergency on Feb. 29." - Office of Governor Jay Inslee (3/24/2020)
Washington - Removes restrictions on the ability to pay employees by mail
"Annual leave and pay procedures for state employees: The proclamation removes restrictions on the ability to pay employees by mail (eliminating, to the extent possible, employees’ need to go to the office to get their check). It allows for shared leave for employees who have not been exposed to the COVID-19 but cannot telework and cannot come into the office due to the "Stay Home – Stay Health" order..." - Office of Governor Jay Inslee (4/10/2020)
"… waives the requirement that an employee cannot carry over 240 hours of accrued vacation time on their anniversary date, as there are employees who cannot use leave due to participation in activities related to the state’s response." - Office of Governor Jay Inslee (4/10/2020)
Washington - Waiving regulatory and statutory prison requirements
"FURTHERMORE, based on the above situation and under the provisions of RCW 43.06.220(2)(g), I also find that strict compliance with the following statutory and regulatory obligations or limitations will risk reducing the availability of essential services and prevent, hinder, or delay the response to the COVID-19 pandemic State of Emergency under Proclamation 20-05, and that the portion or language of each statutory and regulatory provision specified below is hereby waived and suspended, except as otherwise provided herein, until 11:59 PM on May 15, 2020: 1. RCW 10.01.120 – only the following: “, upon the petition of the person convicted,” 2. RCW 9.94A.565(1) – only the following: “on an individual case-by-case basis” 3. RCW 9.94A.728(1)(d) – only the following: “, upon recommendation from the clemency and pardons board,” 4. RCW 72.09.710(1) 5. RCW 72.09.712(1), (2) 6. RCW 9.94A.729(5)(b) – only the following: “that includes an approved residence and living arrangement. All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community” 7. RCW 9.94A.729(5)(c) – only the following: “, including proposed residence location” 8. RCW 9.94A.733(1) – the following only: “No more than the final six months of” and “However, an offender may not participate in the graduated reentry program under this section unless he or she has served at least twelve months in total confinement in a state correctional facility.” 9. RCW 9.94A.733(2) – the following only: “and must assist the offender's transition from confinement to the community.” 10. RCW 9.94A.734(4)(a) 11. RCW 9.94A.736(2)(c) – the following only: “through in-person contact” 12. RCW 9.94A.728(1)(c)(iii) 13. RCW 9.94A.728(1)(e) – the following only: “No more than the final twelve months of” 14. RCW 9.94A.728(1)(f) – the following only: “No more than the final six months of” 15. RCW 72.66.036 16. RCW 72.09.270(8)(a), (b), (c)." - Office of Governor Jay Inslee (4/15/2020)
Washington - Suspends the restrictions on truck driver hours
"Truck Driver Hours Extension: The original proclamation on March 18 waived/suspended the restrictions on truck driver hours through April 17." - Office of Governor Jay Inslee (4/17/2020)
Washington - Suspends laws that create barriers to holding community association meetings remotely
"Community Associations Meetings and Late Fees: This proclamation waives and suspends laws that create barriers to holding community association meetings remotely…" - Office of Governor Jay Inslee (4/17/2020)
"… also waives/suspends statutes that permit the imposition and collection of fees for late payment of community assessments." - Office of Governor Jay Inslee (4/17/2020)
"UTC Ratepayer Assistance Extension: The original proclamation on March 18 waived and suspended certain laws relating to the operation of utilities in order to provide relief to utility payers through the state Utilities and Transportation Commission (UTC). It was extended to May 4 by the Legislature." - Office of Governor Jay Inslee (4/17/2020)
Washington, DC - Allowing the delivery of alcohol
"The bill passed at the most recent meeting has… allowed for delivery and carry-out sales by restaurants of beer/wine, if sold along with prepared food (pending written restaurant-by-restaurant approval by the Alcohol Beverage Regulation Administration)." - Council of the District of Columbia (3/17/20)
"Governor Jim Justice today announced that West Virginia residents can enjoy a month of free fishing. Beginning today through Friday, April 24th, the requirement to possess a fishing license to fish in state-regulated waters has been waived for state residents. Anglers must practice safe social distancing." - West Virginia Division of Natural Resources (3/27/20)
"The third provision of the order allows physicians with a pre-existing relationship with a patient to refill an existing prescription for a Schedule II opioid medication without an “in-person” examination but still mandates that the physician evaluate the patient by other means and determine whether a refill is safe and appropriate in the physician’s judgment." - Office of Governor Jim Justice (3/31/20)
West Virginia - Allowing alcohol delivery and takeout
"Gov. Justice requests WV ABCA temporarily suspends regulatory rule prohibiting bars and restaurants from providing beer and wine for off-premises consumption." - Office of Governor Jim Justice (3/18/2020)
"I, JIM JUSTICE, by virtue of the authority vested in me as the Governor of the State of West Virginia do hereby DECLARE that counties have the authority and flexibility to evaluate courthouse services and staffing and to make decisions that are in the best interest of each respective county, as each respective county may determine." - Office of Governor Jim Justice (3/19/2020)
West Virginia - Allowing retired/expired medical providers to practice
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement that any medical provider "hold an active, unexpired license" issued by the Board of Medicine…" - Office of Governor Jim Justice (3/19/2020)
West Virginia - Allowing out-of-state licensees to provide telehealth care
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement for telemedicine providers to be licensed in West Virginia… provided that such provider possesses a license within their own state..." - Office of Governor Jim Justice (3/19/2020)
West Virginia - Waiving requirement that medical licenses are only valid for two years
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement that medical licenses are only valid for two years…" - Office of Governor Jim Justice (3/19/2020)
West Virginia - Waiving licensure requirements for Physician Assistants
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement for Physician Assistants licensure, reinstatement of licenses, written authorizations from the boards, collaboration limits, and collaborative agreements..." - Office of Governor Jim Justice (3/19/2020)
West Virginia - Waiving post-graduate training requirements
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement for post-graduate training that will no longer be available after July 1, 2020 and the requirement that individuals graduating from ACGME programs have to complete 40 hours of Continuing Medical Education prior to licensure..." - Office of Governor Jim Justice (3/19/2020)
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement that physicians biennially furnish proof of completion of 32 hours of continuing medical education prior to renewal…" - Office of Governor Jim Justice (3/19/2020)
West Virginia - Waiving requirement that telemedicine be performed by video only
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement that telemedicine be performed by video only…" - Office of Governor Jim Justice (3/19/2020)
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Procedures for applications for licensure by out-of-state medical practitioners under the Interstate Medical Licensure Compact…" - Office of Governor Jim Justice (3/19/2020)
West Virginia - Waiving vehicle size and weight limitations
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Vehicle size and weight limitations..." - Office of Governor Jim Justice (3/19/2020)
West Virginia - Waiving deadlines for annual vehicle inspections
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Deadlines for annual vehicle inspections..." - Office of Governor Jim Justice (3/19/2020)
West Virginia - Waiving deadlines for renewal and payment of annual fees for video lottery machines
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Deadlines for renewal and payment of annual fees for video lottery machines…" - Office of Governor Jim Justice (3/19/2020)
West Virginia - Waiving deadline to renew permits from Alcohol Beverage Control Administration
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Deadline to renew permits from Alcohol Beverage Control Administration…" - Office of Governor Jim Justice (3/19/2020)
West Virginia - Allowing out-of-state RNs and APRNs to practice
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement that any person practicing or offering to practice as a registered nurse (RN) or advanced practice registered nurse (APRN) have a license issued by the West Virginia Board of Registered Professional Nurses... provided the RN or APRN is licensed in another state..." - Office of Governor Jim Justice (3/23/2020)
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement for supervision or presence of any other healthcare provider when anesthesia is administered by a certified registered nurse anesthetist (CRNAs)…" - Office of Governor Jim Justice (3/23/2020)
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement for APRN authorization for prescriptive authority, collaborative requirements for prescriptive authority, prescriptive formulary limitations, prescriptive refill and supply limitations, and other prescriptive limitations including continuing education and renewal requirements." - Office of Governor Jim Justice (3/23/2020)
West Virginia - Waiving certain continuing education requirements for RNs and APRNs
"The following statutory regulations are to be suspended for the duration of the State of Emergency: Requirement that RNs and APRNs furnish completion of continuing education, including drug diversion and veterans' mental health, for licensure or licensure renewal..." - Office of Governor Jim Justice (3/23/2020)
West Virginia - Extending free fishing days for another month
"Gov. Justice extends free fishing days for another month, to April 24." - Office of Governor Jim Justice (3/26/2020)
"Requirement that a practitioner is required to conduct an in-personal physical examination every 90 days prior to prescribing a refill for a Schedule II opioid medication to an existing patient for chronic pain treatment (W. Va. Code. § 16-54- 4(h)), provided that the provider utilizes other appropriate tools to evaluate the patient at these intervals, and assesses whether continuing the course of treatment would be safe and effective for the patient." - Office of Governor Jim Justice (3/31/2020)
West Virginia - Expanding payment options for delinquent real estate taxes
"DECLARE and ORDER that, the applicable provisions of the above-referenced regulatory statutes are hereby suspended and the following provisions shall control for the duration of the State of Emergency: Payment to be made by cashier check, money order, certified check or United States currency in the amount necessary to redeem the tax lien purchased for the 2017 real estate tax, payment may now be made by cashier check, money order, certified check, United States currency or credit card, debit card, or charge card..." - Office of Governor Jim Justice (4/1/2020)
West Virginia - Allowing food trucks to operate at rest areas
"Gov. Justice announces that the West Virginia Division of Highways has set guidelines allowing for food trucks at rest areas as a temporary measure to ease the burden on truck drivers during the ongoing pandemic." - Office of Governor Jim Justice (4/13/2020)
"Gov. Justice signs an Executive Order at the request of the West Virginia Board for Speech-Language Pathology and Audiology that gives the board discretion to waive the five-day limitation on out-of-state licensees practicing speech-language pathology and audiology in West Virginia." - Office of Governor Jim Justice (4/13/2020)
"The following statutory regulations are to be suspended for the duration of the State of Emergency: … the requirement that an applicant for initial licensure as a dentist have passed a clinical examination…" - Office of Governor Jim Justice (4/28/2020)
"The following statutory regulations are to be suspended for the duration of the State of Emergency: … the requirement that an applicant for initial licensure as a dental hygienist have passed a board-approved patient-based examination designed to determine the applicant's level of clinical skills..." - Office of Governor Jim Justice (4/28/2020)
West Virginia - Allowing recent dentist graduates a provisional license to practice
"The following statutory regulations are to be suspended for the duration of the State of Emergency: … that the Board of Dentistry shall provide a provisional license to an initial applicant, who is a 2020 graduate of a dental or dental hygiene program approved by the Board and who meets all other requirements..." - Office of Governor Jim Justice (4/28/2020)
"The following statutory regulations are to be suspended for the duration of the State of Emergency: In the discretion of the West Virginia Department of Education who shall issue additional guidance, the requirement that speech-language pathologists and audiologists must be licensed by the West Virginia Board for Speech-Language Pathology and Audiology to telepractice... to allow speech-language pathologists and audiologists licensed by the West Virginia Department of Education to telepractice." - Office of Governor Jim Justice (4/28/2020)
Wisconsin - Established interstate reciprocity for health care licenses
"Any health care provider with a valid and current license issued by another state may practice under that license and within the scope of that license in Wisconsin without first obtaining a temporary or permanent license." - Office of Governor Tony Evers (3/27/20)
Wisconsin - Allows medical license holders to work outside of the facility that employs them
"The following language is suspended: "providing such practice is entirely limited to the medical education facility, medical research facility, or medical school where the license holder is teaching, conducting research, or practicing medicine and surgery, and is limited to the terms and restrictions established by the board."" - Office of Governor Tony Evers (3/27/20)
"A physician providing telemedicine in the diagnosis and treatment of a patient who is located in this state must have a valid and current license issues by this State, another state, or Canada." - Office of Governor Tony Evers (3/27/20)
Wisconsin - Gives physician assistants more flexibility in their scope of practice
"The following language is suspended: "and may not exceed the scope of practice of the physician or podiatrist providing supervision. A medical care task assigned by the supervising physician or podiatrist to a physician assistant may not be delegated by the physician assistant to another person."" - Office of Governor Tony Evers (3/27/20)
Suspended rules: places limit on utilization of simulation for nurse training, applications to practice under a temporary permit (partially suspended), requirements for credential renewal within five years of expiration (partially suspended), nursing care management and collaboration with other health care professionals. - Office of Governor Tony Evers (3/27/20)
"This bill establishes a civil liability exemption for persons who manufacture, distribute, or sell emergency medical supplies to respond to the public health emergency during the public health emergency related to COVID-19 declared by the federal secretary of health and human services or the national emergency related to COVID-19 declared by the president." - Wisconsin State Legislature, AB1038 (4/14/20)
Wisconsin - Civil liability exemption for charities that distribute free medical supplies
"The bill also provides that any charitable organization that distributes free of charge emergency medical supplies received from a manufacturer, distributor, or seller is immune from civil liability for a death or injury caused by the emergency medical supplies." - Wisconsin State Legislature, AB1038 (4/14/20)
Wisconsin - Allows pharmacists to extend certain prescriptions by 30 days
"This bill creates an alternative authorization for a pharmacist to extend a prescription during the period covered by a public health emergency declared on March 12, 2020, by executive order 72, and for 30 days after the conclusion of that public health emergency." - Wisconsin State Legislature, AB1038 (4/14/20)
Wisconsin - Reduces minimum total training hours required for nurse aides to federal standard
"This bill conforms state law for instructional programs for nurse aides to the federal law requirements for Medicare and Medicaid. Specifically, the bill prohibits DHS from requiring an instructional program to exceed the federally required minimum total training hours or minimum hours of supervised practical training, which is clinical experience, specified in the federal regulation. The current federal regulation requires no less than 75 hours of training with at least 16 of those hours being supervised practical training." - Wisconsin State Legislature, AB1038 (4/14/20)
"The Wisconsin Department of Transportation (WisDOT) today announced two pilot programs that will safely address a backlog of demand: Individuals under age 18, who successfully complete their required training and have the endorsement of a parent or guardian will be able to get their probationary driver license without completing a road test." - Wisconsin Department of Transportation (5/5/2020)
Wisconsin - Tort reform for health care providers treating COVID-19
"This bill provides immunity from civil liability for health care professionals and providers and employees, agents, or contractors of those professionals or providers for death, injury, or damages caused by actions or omissions taken in providing services to address or in response to a 2019 novel coronavirus outbreak during an emergency or disaster declared relating to the 2019 novel coronavirus pandemic. To be immune from civil liability, the actions or omissions must not involve reckless or wanton conduct or intentional misconduct and must occur during a good faith response to the emergency or be substantially consistent with either a direction, guidance, recommendation, or other statement made by a federal, state, or local official to address or in response to the emergency or disaster or any published guidance of DHS or the federal Department of Health and Human Services relied upon in good faith." - Wisconsin State Legislature, AB1038 (4/14/20)
Wisconsin - Renewals of credentials for emergency medical services providers, health care providers
"This bill prohibits DHS from requiring an ambulance service provider, emergency medical services practitioner, or emergency medical responder that holds a credential to renew the credential or to meet renewal requirements during the public health emergency declared on March 12, 2020, by executive order 72... This bill exempts certain health care provider credentials issued by credentialing boards in the Department of Safety and Professional Services from having to be renewed during the period covered by the public health emergency declared on March 12, 2020, by executive order 72, through the 60th day after the conclusion of that emergency (exemption period)." - Wisconsin State Legislature, AB1038 (4/14/20)
Wisconsin - Temporary credentials for former health care providers
"This bill authorizes former health care providers to obtain a temporary credential granted by DSPS and provide health care services for which they have been previously licensed or certified. Under the bill, DSPS may grant a temporary credential to a person who applies and was at any time during the previous five years, but is not currently, any of the following, if the person's credential was never revoked, limited, suspended, or denied renewal: 1) a physician, physician assistant, or perfusionist; 2) a registered nurse, licensed practical nurse, or nurse-midwife; 3) a dentist; 4) a pharmacist; 5) a psychologist; 6) a social worker; 7) a marriage and family therapist; 8) a professional counselor; 9) a clinical substance abuse counselor; or 10) a practitioner holding a credential to practice a profession identified by DHS." - Wisconsin State Legislature, AB1038 (4/14/20)
Wisconsin - Temporary credentials for health care providers from other states
"This bill authorizes health care providers licensed in another state or territory to obtain a temporary credential granted by DSPS and provide health care services for which they are licensed or certified. Under the bill, DSPS may grant a temporary credential to a person who applies and holds a valid, unexpired credential granted by another state or territory that authorizes the person to act as any of the following: 1) a physician, physician assistant, or perfusionist; 2) a registered nurse, licensed practical nurse, or nurse-midwife; 3) a dentist; 4) a pharmacist; 5) a psychologist; 6) a social worker; 7) a marriage and family therapist; 8) a professional counselor; 9) a clinical substance abuse counselor; or 10) a practitioner holding a credential to practice a profession identified by DHS." - Wisconsin State Legislature, AB1038 (4/14/20)
Wisconsin - Suspension of deadlines and training requirements
"This bill authorizes state agencies, authorities, local governments, the legislature, and the courts to suspend, during the public health emergency declared on March 12, 2020, by executive order 72, deadlines and training requirements that they administer or enforce. The bill excludes deadlines relating to the filing or payment of taxes and deadlines relating to an election." - Wisconsin State Legislature, AB1038 (4/14/20)
"Requires Level I local health departments to conduct a community health assessment at least every five years. Suspended as follows: "Conduct a community health assessment resulting in a community health improvement plan at least every 5 years."" - Office of Governor Tony Evers (5/4/2020)
"Requires Level I local health departments to develop a community health improvement plan at least every five years. Suspended as follows: "Develop a written community health improvement plan at least every 5 years, by assessing applicable data, developing measurable health objectives, and partnering with persons, agencies, and organizations to cultivate community ownership throughout the entire development and implementation of the plan."" - Office of Governor Tony Evers (5/4/2020)
"Establishes time-restricted requirements related to the equipment for processing FoodShare transactions. Status: Suspended." - Office of Governor Tony Evers (5/4/2020)
"Requires that early intervention service providers annually obtain 5 hours of early intervention training. Status: Suspended." - Office of Governor Tony Evers (5/4/2020)
Wisconsin - Suspends limitations on the number of refills or the time period of refills
"Establishes limitations on the number of refills or the time period of refills. Status: Suspended." - Office of Governor Tony Evers (5/4/2020)
Wisconsin - Suspends limitations on the number of days-supply that can be provided
"Establishes limitations on the number of days-supply that can be provided. Status: Suspended." - Office of Governor Tony Evers (5/4/2020)
Wisconsin - Suspends staffing requirements for mental health clinics
"Sets staffing requirements for clinics. Suspended as follows: (2) In addition to the clinic administrator, the clinic shall have a sufficient number of qualified staff members available to provide outpatient mental health services to consumers admitted to care. Except as provided ins. DHS 35. 12 (2m), the clinic shall implement any one of the following minimum staffing combinations to provide outpatient mental health services: (a) Two or more licensed treatment professionals v.rho combined are available to provide outpatient mental health services at least 60 hours per 'Neek. (b) One or more licensed treatment professionals who combined are available to provide outpatient mental health services at least 30 hours per week and one or more mental health practitioners or recognized psychotherapy practitioners who combined are available to provide outpatient mental health services at least 30 hours per week. (c) One or more licensed treatment professionals v.rho combined are available to provide outpatient mental health services at least 37.5 hours per week, and at least one psychiatrist or advanced practice nurse prescriber who provides outpatient mental health services to consumers of the clinic at least 4 hours per month." - Office of Governor Tony Evers (5/4/2020)
Wisconsin - Suspends certain clinical supervision requirements; specifically, in-person requirements
"Describes how clinical supervision shall be accomplished. Suspended as follows: "(d) Clinical supervision shall be accomplished by one or more of the following means: 1. Individual, face to face sessions with staff to review cases, assess performance and give feedback; 2. Individual, side by side sessions in which the supervisor accompanies an individual staff member to meet with individual clients in regularly scheduled sessions or crisis situations and in which the supervisor assesses, teaches and gives feedback regarding the staff member's performance regarding the particular client; or 3. Regular client report or review staff meetings and treatment planning staff meetings to review and assess staff performance and provide staff direction regarding individual cases. (e) For every 20 clients or every 4 0 hours of direct service in the CSP, the clinical supervisor shall spend at least 4 hours a weekly: providing supervision." - Office of Governor Tony Evers (5/4/2020)
"Sets requirements for in-person written examinations for operator certification for waterworks operators. Status: Suspended in part as follows: “Examinations and on-the-job experience shall be used to determine knowledge, skill and ability of the applicant to perform duties at a waterworks. A score of 75% or higher shall be a passing score on each written examination. An applicant desiring to be certified to perform duties at a waterworks shall submit a completed application to the department at least 28 days prior to the established date of a written examination on an application form provided by the department. Fees as outlined in s. NR 114.06 shall accompany the application. Applicants shall be notified of their eligibility for examination.” - Office of Governor Tony Evers (4/17/2020)
"Requires University of Wisconsin System unclassified staff report outside activities annually by April 30. Status: Suspended in part as follows: “Each unclassified staff member engaging in outside activities reportable under this section shall annually, on or before April 30, file a report of outside activities with his or her dean, director or other appropriate administrator.” - Office of Governor Tony Evers (4/17/2020)
Wisconsin - Suspends requirement of retailer signature for receipt of fermented malt beverages
"Requires retailer signature for receipt of fermented malt beverages. Status: Suspended." - Office of Governor Tony Evers (4/24/2020)
Wisconsin - Suspends requirement of retailer signature for receipt of intoxicating liquor
"Requires retailer signature for receipt of intoxicating liquor. Status: Suspended." - Office of Governor Tony Evers (4/24/2020)
Wisconsin - Suspends requirement of retailer signature for receipt of cigarettes
"Requires retailer signature for receipt of cigarettes. Status: Suspended." - Office of Governor Tony Evers (4/24/2020)
Wisconsin - Suspends requirement that retailers sell a certain amount of lottery tickets per month
"Requires retailers to sell a certain amount of lottery tickets per month. Status: Suspended." - Office of Governor Tony Evers (4/24/2020)
Wyoming - Authorizing take-out and/or curbside pickup of some alcohol
"Businesses which possess a Restaurant or Bar & Grill liquor license, granted under Wyoming Statutes... are permitted to sell limited off-premise malt beverages and wines with the following conditions and are hereby authorized to allow for take-out and/or curbside pickup." - Office of Governor Mark Gordon (3/30/20)
Wyoming - Allowing a ninety day grace period for expiring drivers licenses
"The Department of Transportation Director, or his designee, shall allow a ninety (90) day grace period from the expiration date of Wyoming driver licenses and identification cards expiring between March 15, 2020, and June 1, 2020, to reduce the burden on members of the public and to limit interaction with state employees and governmental offices." - Office of Governor Mark Gordon (3/24/20)
Wyoming - Waiving several health care licensing regulations and operations of health care facilities
"Upon the request of a health care facility, the Department may waive a requirement established under the rules identified in subsection (b) of this section if the Department determines the waiver is necessary for the management and control of COVID-19..." - Wyoming Department of Health (4/16/2020)
Suspended local rules and regulations:
Albuquerque, NM - Suspending plastic bag ban
"For the next thirty days, businesses in Albuquerque will temporarily be allowed to use any type of plastic bag for their customers and the City’s Environmental Health Department will suspend enforcement of the plastic bag ban citywide. Businesses are still encouraged to use paper bags if available." - City of Albuquerque (3/26/20)
Eureka, MO - Allowing restaurants to sell alcoholic beverages for delivery or curbside
"Mayor Sean Flower was concerned curbside and delivery food services would not be enough to keep these independent restaurants operating, so he stepped in and made the decision to pass an executive order that allows restaurants to sell alcoholic beverages [through curbside or delivery]." - Fox 2 Now (3/27/20)
"The Fargo City Commission has approved the curbside, to-go sale and delivery of alcohol within Fargo city limits for a period of 30 days beginning Monday, March 23." - Valley News (3/23/20)
Los Angeles, CA - Allowing restaurants to sell alcoholic beverages for delivery or takeout
The order modified "any and all City of Los Angeles regulations governing the sale of alcoholic beverages to “allow (i) sales of alcoholic beverages by restaurants for off-site consumption are hereby permitted for delivery and take-out and (ii) sales, by retail stores, of alcoholic beverages for off-site consumption, including deliveries and extended sales hours, from 6 a.m. to 2 a.m. daily." - Office of Los Angeles Mayor Garcetti (3/23/20)
Los Angeles, CA - Relaxes parking restrictions on commercial vehicles
The order also provides that, “Parking enforcement will be relaxed and an extended grace period will be given to vehicles owned and operated by employees or employers who are engaged in manufacturing or healthcare activities listed as essential under the March 15, 2020 Public Order Under City of Los Angeles Emergency Authority and located in permanent or temporary industrial, manufacturing, or commercial zones of the City of Los Angeles.” - Office of Los Angeles Mayor Garcetti (3/23/20)
Manteno, IL - Waiving all liquor license fees and gaming/amusement permit license fees
"Because of the economic impact the COVID-19 pandemic is having on Manteno businesses, village board members have agreed to waive all liquor license permit fees and gaming/amusement permit license fees for the fiscal year 2021, which begins May 1, 2020." - Daily Journal (4/3/20)
Pocatello, ID - Waiving 3% credit/debit card processing charge
"The City of Pocatello is waiving the three percent credit/debit card processing charge for payments made to the City of Pocatello. The charge was previously applied to all credit/debit card transactions. The charge was added to credit/debit card payments in October 2019 to help offset the processing costs incurred by the City for those types of payments." - East Idaho News (4/6/20)
"Any sale of sealed cans or bottles of alcoholic beverages to customers taking delivery of prepared food from a restaurant within the City, also licensed to serve on-sale alcoholic beverages by way of “take-out,” “curbside delivery,” “drive-through,” or by other lawful means of delivery shall be deemed to be “on-sale” service or sale of such alcoholic beverages. Delivery of prepared food without any accompanied sale of alcoholic beverages may be delivered by agents or third party delivery services. Employees who deliver alcoholic beverages must be at least twenty-one (21) years old and be able to provide proof of age if asked by the City of West Fargo." - City of West Fargo (3/25/20)
Westminster, MD - Postpones plastic bag ban
"The “bag ban” restricts businesses from distributing single-use plastic bags under certain circumstances. It was originally slated to start July 1, but the council voted Monday, May 11, to push it back one year to July 1, 2021. Westminster was the third municipality in Maryland to adopt a plastic bag ban. The postponement was motivated by the effect on businesses whose operations will likely still be affected by the coronavirus come July 1. The council also considered that many consumers and retailers are not comfortable with bringing reusable bags into stores at this time, which partially eliminates one of the alternatives to single-use plastic bags." - Carroll County Times (5/15/2020)
This list will be updated constantly as rules continue to be suspended. If you know of a rule suspension not included above, please send to ideas@atr.org.
Photo Credit: MarylandGovPics
Emergency Podcast: Nevada Special Session Tax Threat
It has been a rough pandemic for Las Vegas, and the state of Nevada. Now, the Governor has pressed legislators back for a special session to cut spending, and potentially hike taxes. Is this a sign of things to come in other states? Nevada Policy Research Institute's Michael Schaus explains.
Photo Credit: Wallpaper Flare
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TN U.S. Senate Race Update: Sethi and Hagerty Make Bold Commitment to Oppose Tax Hikes
With over a dozen candidates running for the U.S. Senate seat in Tennessee, it can be hard for voters to know where each candidate stands on important issues like taxes and spending.
So far, two candidates running to replace retiring U.S. Senator Lamar Alexander have signed the Taxpayer Protection Pledge promising to oppose and vote against any tax hikes on Tennessee taxpayers: Manny Sethi and Bill Hagerty.
With a Solid Republican rating by The Cook Political Report, the winner of the August primary is a strong favorite to become the next Senator from Tennessee.
Hagerty is a businessman and served as the United States’ Ambassador to Japan from 2017-2019. He has also received an endorsement from President Trump.
Sethi is an orthopedic trauma surgeon and the founder of Healthy Tennessee, a non-profit group promoting preventative healthcare. He has received endorsements from Senator Rand Paul and former Tennessee Congressman Ed Bryant.
In The Volunteer State, both U.S. Senators and 6 of the 9 U.S. House members have signed the Taxpayer Protection Pledge. Candidates running for public office like to say they will not raise taxes, but often turn their backs on the taxpayer once elected. The idea of the Taxpayer Protection Pledge is simple enough: Make them put their no-new-taxes rhetoric in writing, so the promise is harder to break.
ATR strongly urges all candidates running for elected office to sign the Taxpayer Protection Pledges. Candidates can still make this important commitment to voters ahead of the primary by visiting ATR.org.
More from Americans for Tax Reform
Candidates in Maine, Texas, and Alabama Make “No New Taxes” Promise
Americans for Tax Reform applauds the federal incumbents and candidates in Alabama, Texas, and Maine who have signed the Taxpayer Protection Pledge ahead of tomorrow’s congressional primary. The Pledge is a written commitment to the American people to oppose and vote against any and all efforts to increase taxes.
“By signing The Pledge, these candidates and incumbents demonstrate that they will safeguard taxpayers from higher taxes,” said Grover Norquist, President of Americans for Tax Reform. “Pledge signers understand that government should be reformed so that it spends less and will oppose tax increases that prolong the failures of the past.”
There are currently 172 Pledge signers in the U.S. House and 48 Pledge signers in the U.S. Senate. Eighty-nine percent of all congressional Republicans have made the written commitment to oppose higher taxes. In contrast, zero congressional Democrats have made that promise.
Candidates running for public office like to say they will not raise taxes, but often turn their backs on the taxpayer once elected. The idea of the Taxpayer Protection Pledge is simple enough: Make them put their no-new-taxes rhetoric in writing, so the promise is harder to break.
New candidates sign the Taxpayer Protection Pledge regularly. For the most up-to-date information on these races or any other, please visit the ATR Pledge Database.
Candidates can still make this important commitment to voters ahead of the primary by visiting: www.atr.org/take-the-pledge
The following candidates in Maine and the runoffs in Texas and Alabama have signed the Taxpayer Protection Pledge:
Maine
- Eric Brakey (ME-02)
- Adrienne Bennett (ME-02)
- Dale Crafts (ME-02)
Alabama
- Jeff Sessions (SEN)
- Tommy Tuberville (SEN)
- Bill Hightower (AL-01)
- Jerry Carl (AL-01)
- Barry Moore (AL-02)
- Jeff Coleman (AL-02)
Texas
- Josh Winegarner (TX-13)
- Ronny Jackson (TX-13)
- Monica De la Cruz Hernandez (TX-15)
- Pete Sessions (TX-17)
- Renee Swann (TX-17)
- Kathleen Wall (TX-22)
- Troy Nehls (TX-22)
- Tony Gonzales (TX-23)
More from Americans for Tax Reform
Biden Broke His Middle Class Tax Pledge
Biden cannot be trusted on taxes
As Vice President, Joe Biden broke his promise to the middle class that no one making less than $250,000 would see a single penny of their tax raised. Biden said his tax vow applied to "any tax."
Biden made the promise during a nationally televised Vice Presidential debate on Oct. 3, 2008 using firm language:
“No one making less than $250,000 under Barack Obama’s plan will see one single penny of their tax raised whether it’s their capital gains tax, their income tax, investment tax, any tax.” [Video]
Biden's running mate Barack Obama touted the pledge in speeches for months:
“I can make a firm pledge. Under my plan, no family making less than $250,000 a year will see any form of tax increase. Not your income tax, not your payroll tax, not your capital gains taxes, not any of your taxes.” [Transcript] [Video clip]
Once safely in office, Biden imposed tax increases on millions of middle class households.
White House spokesman Robert Gibbs was asked by reporters on Tax Day -- April 15, 2009 -- if the Obama-Biden pledge applied to Obamacare. Gibbs affirmed, saying: "The statement didn't come with caveats."
But Biden imposed tax increases on the middle class:
Individual Mandate Tax: Obamacare imposed a tax of $695 for an individual and $2,085 for a family of four for failing to buy “qualifying” health insurance as defined by Obama-Biden rules.
The tax hit low and middle-income families hard: Three-fourths of households stuck paying the tax made less than $50,000 per year, a blatant violation of Biden's pledge to the American people.
According to official IRS data for the 2017 tax year, 74% of households liable for the individual mandate tax had an adjusted gross income of less than $50,000.
In 2017, the individual mandate tax was paid by 4,606,271 households.
3,430,003 of these households had an adjusted gross income of less than $50,000.
Thanks to congressional Republicans and President Trump, this tax was zeroed out as part of the Tax Cuts and Jobs Act.
Biden is now pushing to reimpose the individual mandate tax.
Medicine Cabinet Tax: This Obama-Biden tax increase meant the 20 million Americans with a Health Savings Account and the 30 to 35 million Americans with a Flexible Spending Account were no longer able to purchase over-the-counter medicines using these pre-tax account funds. Examples include cold, cough, and flu medicine, menstrual cramp relief medication, allergy medicines, and dozens of other common medicine cabinet health items.
For years, this Obama-Biden tax made household medicine cabinet items more expensive. President Trump signed repeal of the Obamacare Medicine Cabinet Tax in March 2020.
Chronic Care Income Tax Hike: This Obama-Biden income tax increase directly targeted middle class Americans who faced high medical and dental expenses in a given year. The tax hit 10 million households per year.
Before Obamacare, Americans facing high medical expenses were allowed an income tax deduction to the extent that those expenses exceeded 7.5 percent of adjusted gross income (AGI). Obamacare imposed a threshold of 10 percent of AGI. Therefore, Biden not only made it more difficult to claim this deduction, he widened the net of taxable income.
Again, low and middle income households were hit hard by this Obama-Biden tax.
Thanks to President Trump and congressional Republicans, this tax hike was rolled back as part of the Tax Cuts and Jobs Act. But Biden has threatened many times to repeal the TCJA.
Flexible Spending Account Tax: Due to this Obama-Biden tax, the 35 million Americans who use a pre-tax Flexible Spending Account (FSA) at work to pay for their family’s basic medical needs face an Obama-Biden cap of $2,500.
Before Obamacare, the accounts were unlimited under federal law. But now, parents looking to save for medical costs or braces for the kids find themselves quickly hitting this new cap. This restricts options for low and middle income families.
This Obama-Biden tax also hits special needs families. Families with special needs children often use FSA dollars to pay for special needs tuition and educational materials, which can run thousands of dollars per year. The Obama-Biden $2,500 cap makes things more difficult for these families.
With his threatened repeal of the Tax Cuts and Jobs Act, Biden will raise taxes on all income levels. If Biden repeals the tax cuts, a median income family of four will face an annual $2,000 tax increase and a median income single parent with one child will face an annual $1,300 tax increase.
“Joe Biden lied to the American people when he said he would never raise any tax on any American earning less than $250,000. Whatever Biden says now, taxpayers know what to expect,” said Grover Norquist, president of Americans for Tax Reform.
Biden has also endorsed a carbon tax and a 40 percent capital gains tax on all Americans.
Biden even endorsed another middle class tax increase on every homeowner in Milwaukee.
Biden's record is clear: If he becomes President, your taxes are going up.
See Also:
Biden: "If you elect me, your taxes are going to be raised"
Video: Biden calls for repeal of Trump tax cuts
Biden Lied About His Tax Hikes on Small Business
Photo Credit: Gage Skidmore/Flickr
ATR Supports USTR's Opposition to French Digital Services Tax
Today, ATR President Grover Norquist sent a letter to U.S. Trade Representative Robert Lighthizer in support of USTR's announcement to impose a 25 percent tariff on $1.3 billion worth of French handbags, cosmetics, and other luxury products in retaliation for the French digital services tax on American companies. The measures are suspended for up to six months.
The full text of the letter can be read below, and here.
Dear Representative Lighthizer:
I support and commend your opposition to France’s Digital Services tax and your commitment to address discriminatory and unjustifiable taxation against U.S. companies.
Thank you for your leadership, and for taking strong action, treating this important issue with the severity it deserves. France has unilaterally decided to depart from over 100 years of accepted tax principles to impose a discriminatory tax on U.S. companies based on global revenue. These actions must be rebuffed in the strongest terms possible.
While we strongly caution against tariff remedies, USTR must undertake all efforts to dissuade France from imposing this discriminatory tax and deter others from following, while also avoiding retaliation on U.S. consumers and businesses.
I also applaud the delay of the imposition of the remedy for up to six months to allow for negotiations that can stop an escalation.
France is trying to cheat the international rules governing tax jurisdictions. It is the dream of every politician to tax people who cannot vote him or her out of office. 2As you know, the French government designed this tax in a way to exclusively target American companies as there is no comparable digital industry in France and the European Union. The tax will impose a huge financial burden on American companies and workers.
The French Digital Services Tax poses unprecedented dangers to tax competition, innovation, and American and European economic growth. The new tax represents a dramatic and irreversible shift for the international tax system. We hoped that the escalation of this issue could be avoided. The tax damages the transatlantic relationship and could lead to a spiral of retaliation.
It is of the utmost importance for the United States to make its voice heard on every level and to take stronger action in order to counsel France their unilateral actions.
Photo Credit: The White House
High Tax Joe 2020
Joe Biden will raise your taxes. He will impose income tax hikes, small business tax hikes, capital gains tax hikes, corporate tax hikes, a carbon tax, and he will even bring back the much-hated Obamacare individual mandate tax.
July 9, 2020: Even in a pandemic, Biden vows to impose higher corporate tax rate than communist China
May 27, 2020: Biden Vows to Bring Back the Individual Mandate Tax, A Violation of His Middle Class Tax Pledge
May 22, 2020: Joe Biden said: "Let's repeal the Trump tax cut."
May 22, 2020: Joe Biden said he wants to raise the corporate tax rate.
May 8, 2020: Joe Biden lies about the Tax Cuts and Jobs Act
April 5, 2020: Biden Endorses Another Tax Hike on Middle Class
March 11, 2020: Video compilation: How High Will Biden Raise Your Capital Gains Taxes?
March 6, 2020: Video Compilation: Joe Biden is Not a Moderate
Feb. 24, 2020: Video Compilation: Biden Will Raise Your Taxes By Eliminating Your Tax Cut
Feb. 7, 2020: Joe Biden said: "I'm going to raise the capital gains rate so that you pay capital gains at what your tax rate is."
Jan. 22, 2020: Joe Biden lied about the Tax Cuts and Jobs Act, claims it only benefited "top 2% of nation"
Jan. 9, 2020: Joe Biden lied about the Tax Cuts and Jobs Act.
Jan. 7, 2020: Joe Biden lied about his healthcare plan, says "no middle class tax" will occur.
Jan. 7, 2020: Joe Biden said: “Get rid of the Trump tax cut. No, not joking.”
Dec. 6, 2019: Joe Biden said: "We should charge people the same tax for their capital gains as their tax rate is. And I think we should raise the tax rate back to, for example, I take it back to where it was before it was reduced. It could go higher, but at 39.5%, 40% basically if you have that as the capital gains, that raises, I brought along, I’m not going to bore you with it, but you’ve seen it, I brought along a graph is how much money each of these things raise."
Dec. 9, 2019: Joe Biden said the capital gains tax rate "could go higher" than 40%
Oct. 28, 2019: Joe Biden said Trump’s $2,000 middle class tax cut is “negligible”
October 24, 2019: Joe Biden said: "So reduce the corporate tax cut, the tax payment to 20%? It needed to be reduced, but if we raise it back up to 28%, it was 39%, we can raise hundreds of billions of dollars."
October 23, 2019: Joe Biden said: “[Corporations] don’t need their tax cut reduced to 20 percent, it should be raised back to 28 percent."
October 23, 2019: Joe Biden said: “So every single solitary person, their capital gains are going to be treated like real income and they are going to pay 40 percent on their capital gains tax."
Oct. 15, 2020: Joe Biden said: "I would raise the capital gains tax to the highest rate of 39.5 percent, I would double it."
September 27, 2019: Joe Biden said: “I’m gonna double the capital gains rate to 40 percent."
September 20, 2019: Joe Biden said: “What I’d be focusing on is eliminating the $1.9 trillion tax cut that [Trump] passed."
September 4, 2019: Joe Biden endorses a carbon tax.
August 21, 2019: Joe Biden said: “I believe we should, in fact, the capital gains tax should be at what the highest minimum tax should be, we should raise the tax back to 39.6 percent instead of 20 percent."
August 9, 2019: Joe Biden said: “By eliminating just a few of the tax cuts,” Biden said, then added, “I’m going to eliminate most all of them. No, you think I'm joking? I'm not."
July 30, 2019: VIDEO: 2020 Democrats Will Raise Your Taxes
July 16, 2019: Joe Biden said: “I would raise the corporate tax. I think we should have lowered it from 36 to 28 percent, but it got lowered to 20 percent. If we just raised it back to 28 percent, we would raise about 600 billion dollars a year. Look at all of the needs we have and the opportunities we have. Ladies and gentlemen, it begins by reversing those cuts.”
July 5, 2020, Joe Biden said: "Yes. Yes, I'd bring back the individual mandate."
July 5, 2019: Joe Biden said: "Well, three things. One, I do raise the tax rate to 39.5 percent. I do, in fact, eliminate the ability for them to write off capital gains the way they do now. I would raise the -- and raise billions of dollars -- raise the corporate tax rate from 20 percent to 28 percent.”
July 3, 2019: Joe Biden and Kamala Harris agree on one thing: Raising taxes
July 2, 2019: Joe Biden is running ads to "Repeal Trump's Tax Cuts."
June 22, 2019: Joe Biden said: "And folks, on day one, I will move to eliminate Trump's tax cuts."
June 17, 2019: Joe Biden said: “First thing I would do as president is eliminate the president’s tax cut."
June 4, 2019: Joe Biden said: “You go out and you make a capital gain you make a little bit of money on an investment you made and you're about to go and cash it in. You cash it in, you pay - now it's down to 20% is too low - but you pay you used to pay them 28%,"
June 3, 2019: Joe Biden said: “If you make a gain, you buy something, you buy stock or anything else and that increases from $1 to $2 or $1 - $2 million, and you want to cash it in, get the cash, you got to pay a capital gains tax much lower than what you’d pay in your regular taxes. It’s much too low now in my view, but that’s a different issue.”
May 28, 2019: Joe Biden said: “You buy something, you buy stock at a dollar it goes to two dollars. You buy a Million, it goes to a million five. When you cash that in to make the gain you made, you have to pay a capital gains tax, which I believe is much too low.”
May 13, 2019: Joe Biden said: “When I’m president, if God Willing I am, we’re going to reverse those Trump tax cuts.”
May 4, 2019: Joe Biden said: “First thing I’d do is repeal those Trump tax cuts."
Louisiana Legislature Passes Much-Needed Legal Reform
The Republican controlled Louisiana legislature – which consists of new leadership in the House and Senate – boldly took on the special interests who have been abusing Louisiana’s corrupt legal system and harming the economy for far too long.
If signed into law by Governor John Bel Edwards, House Speaker Clay Schexnayder’s House Bill 57, the Civil Justice Reform Act of 2020, will bring some much-needed legal reforms to the Pelican State that will ultimately result in lower costs for the hardworking people of Louisiana.
“Citizens of Louisiana feel the cost of government in three ways: The burden of taxes, the cost of regulations, and the hidden costs of tort law abuse,” explained Grover Norquist, president of Americans for Tax Reform. “These three things make everything in Louisiana more expensive than in other states.”
According to the R Street Institute’s 2019 Insurance Regulation Report Card, Louisiana has one of the most concentrated auto markets in the nation, which could “be an indication of unnecessarily high barriers to entry or other market dysfunction.” The lack of competition in a concentrated market prevents market forces from driving prices down and results in fewer options being available to consumers. This is likely one of the reasons Louisiana has the second highest auto premiums in the country, behind only Michigan.
Louisiana’s corrupt legal system – which results in insurance companies facing higher costs – has definitely created a barrier to entry or “market dysfunction.” For example, the threshold necessary to receive a civil jury trial in Louisiana is $50,000! For context, the state with the second highest monetary standard is Maryland, at $15,000.
Fortunately, if enacted, HB 57 would address this problem by lowering the threshold for a jury trial to $10,000. While it could be lower still, this reform is a tremendous improvement that would put Louisiana more in line with other states and ensure due process is available for all Louisianans.
Another reform included in HB 57 is the repeal of the seatbelt gag rule. The seat belt gag rule, enacted in the 1980s, prevents juries from knowing if persons injured in an auto accident were wearing seat belts. Repealing this law will help bodily harm awards remain more in line with the circumstances of the accident, ultimately saving people money.
These changes and some of the other reforms included in HB 57 will help create a fairer legal system in Louisiana, moving it away from one that favors plaintiffs and results in high auto insurance rates and other needless cost burdens placed on the state’s working families.
“The Pelican Institute congratulates the legislature on its overwhelming passage of critical legal reforms, which will lift the burden lawsuit abuse places on all Louisianans,” said Daniel Erspamer, chief executive officer of the Pelican Institute for Public Policy. “It’s past time to Get Louisiana Working, and HB 57 will help make our state a place that creates and encourages, rather than chases away, jobs and opportunity for all its citizens.”
Lawmakers have been attempting to fix Louisiana’s terrible legal climate for a long time, including earlier this year when the legislature passed Senator Kirk Talbot’s Senate Bill 418. The tort reforms contained in SB 418 were similar to those of HB 57, but it was vetoed by Gov. Edwards. However, Edwards has said he will sign HB 57.
For far too long, Louisianans have suffered under the hidden costs of corrupt tort laws and lawsuit abuse. The reforms included in HB 57 are a great step towards reforming Louisiana’s broken legal system.
Photo Credit: Chrismiceli
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Ways and Means Republicans Release Legislation to Encourage Startup Medical Development
Republican Members of the House Ways and Means Committee have released several pieces of legislation designed to incentivize startup businesses engaged in the development of new therapies and cures.
The legislation especially focuses on developing cures for infectious diseases, such as antibiotics, antivirals, and vaccines. This is a complex, costly, time consuming, and risky process, especially given that many companies engaged in this R&D are startup enterprises that can struggle to attract the investment needed.
The legislation released today by Ways and Means Republicans led by Ranking Member Kevin Brady (R-Texas) attempts to incentivize the development of new cures for infectious diseases by creating tax incentives that will help encourage investment, including through the expansion of the R&D credit, giving innovators additional liquidity, and encouraging further outside investment in startup innovators.
This approach also draws a stark contrast with the policies of Congressional Democrats that would crush medical innovation. Speaker Nancy Pelosi (D-Calif.) and House Democrats have passed legislation that would force medical innovators to accept government set prices or be hit with a 95 percent excise tax on their medicines.
This proposal undermines the development of new medicines at a time when manufacturers are racing to find COVID-19 cures. According to the Council of Economic Advisers, Pelosi’s proposal could prevent 100 lifesaving and life-preserving medicines from being created over the next decade.
The proposals released today by Ways and Means Republicans include:
The More Cures Act, introduced by Rep. Devin Nunes (R-Calif.). This proposal provides a “bonus R&D credit” of 14 percent of any qualified research costs associated with the development of certain cures like infectious disease therapies. This applies on top of the normal R&D credit that is already available to taxpayers.
Start-ups for Cures Act, introduced by Rep. Devin Nunes (R-Calif.). This proposal allows medical research startup businesses (with less than $1mil of gross receipts) to monetize unused credits. Startup businesses seeking to develop a cure usually have no revenue so see no benefit from R&D credits. This legislation fixes this and provides additional liquidity to continue research and development.
The Countermeasures Investment Act, introduced by Rep. Mike Kelly (R-Pa.). This legislation encourages outside investment in startup medical research firms by giving additional tax benefits to investors in certain infectious disease drug development firms. This will help encourage investment in medical research startups so they are able to invest as needed.
The American Innovation Act, sponsored by Rep. Vern Buchanan bill (R-Fla.). This legislation allows medical research startups that change ownership the ability to utilize net operating loss carrybacks. This will help provide liquidity for businesses as they seek to develop cures.
Photo Credit: Colleen Pence
States Are, In Fact, Pursuing Police Reform
The killing of George Floyd has sparked a national conversation on police reform.
In Congress, Democrats have cynically blocked Sen. Tim Scott’s reform bill. But this issue is largely a state matter. The federal government can use aid to incentivize and punish certain choices, but ultimately, power resides locally.
Despite some misperceptions, states and cities are busy proposing and enacting various reforms – for better and worse. Since late May, 169 police reform bills have been introduced in 23 states and the District of Columbia. With half the states acting, and most of the other half out of session by June, it’s disingenuous for anyone to say states are not taking action.
Colorado passed legislation which requires body camera use by all officers, bans chokeholds and carotid holds, penalizes police officers who fail to intervene when another officer uses excessive force, and ends qualified immunity at the state level, among several other police reform measures.
Police body cameras have been central to state level reform efforts. Bills have been introduced in New York, New Jersey, New Mexico, Georgia, and Tennessee which would expand the use of police body cameras and require preservation of filmed evidence. Some states, including New Mexico and New York, will impose penalties on police officers who fail to record public interactions. Massachusetts introduced a bill asserting the right of individuals to film police interactions with the public.
There is considerable interest in banning no-knock warrants in light of Breonna Taylor’s death, although no legislation is currently underway at the state level. The city of Louisville, Kentucky, where Ms. Taylor was killed, has since banned no-knock warrants. The Kentucky legislature is not currently in session, but there may be efforts there and in other states to end the practice in coming months. No-knock warrants are legal in every state except Florida and Oregon.
Other legislation is focused on police conduct. Georgia, Minnesota, New Jersey, New York, and Utah are considering bills which would ban or restrict the use of chokeholds. Iowa has already passed a bill banning the practice. Georgia, New York, and Minnesota are considering banning law enforcement from purchasing surplus military equipment from the Department of Defense. Additionally, bills introduced in Minnesota would impose liability on police officers for failing to intervene and report when another officer uses excessive force.
Of course, we cannot forget that right before unrest burst out across the country, Arizona Democrats failed to support civil asset forfeiture reform, choosing instead to allow the continued seizure of innocent parties’ property by police. Asset forfeiture disproportionately impacts low-income individuals and poses an obvious conflict of interest which inhibits the equal distribution of justice. The fight for forfeiture reform must continue in states across the country.
Cities like New York, Minneapolis, and Los Angeles have taken up “defund the police” efforts, dangerous gambits as these cities face an alarming rise in violent crime.
It is critical to remember there is more to the criminal justice system than the police. Overcriminalization causes unnecessary interaction between citizens and the authorities, and creates confusion as people cannot be expected to know what all the laws are. Additionally, policies like civil asset forfeiture and revenue-grabbing fines and fees turn police officers into tax collectors.
There are many more areas in need of reform; policing isn’t to blame for every problem currently being debated.
Photo Credit: Adrian Owen
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