NYS SOciety of ORTHOPAEDIC Surgeons

This Executive Order authorizes, through May 25, licensed pharmacies to administer the tests to detect COVID-19 or its antibodies in patients suspected of having COVID-19 or of having recovered from COVID-19.

This executive order suspends and modifies various public health law and education law provisions and regulations, until May 16, to maximize the pool of health care professionals available to assist the State in the response to COVID-19. Among those of particular note are the following:

• Allows several health care providers such as physicians, nurses, and physician assistants licensed in Canada to practice medicine in New York State.
• Permits retired respiratory therapists to practice along with numerous other retirees in various health care provider specialties not previously authorized by executive order.

This executive order suspends or modifies certain laws through May 12, 2020. Among this order’s provisions are the following with an impact on health care:

• Mandates that essential businesses (which includes physician offices) who remain open for business with one or more employees in the workplace must be provided, at no cost to such employees, face coverings that they must wear when in direct contact with customers or members of the public. This directive takes effect on Wednesday, April 15 at 8 pm.
• Permits individuals meeting the federal requirement for testing personnel appropriate to the assay or device authorized by FDA or NY Department of Health to perform testing for detection of SARS CoV-2, or its antibodies, in specimens collected from persons suspected of suffering a COVID-19 infection.

This executive order broadly continues the directives in previous executive orders issued since March 7 regarding the COVID-19 outbreak to May 7. Among the provisions that regard health care and malpractice liability are the following:

• Allows graduating medical students to immediately begin practicing medicine under the supervision of a licensed physician
• Continues the limited immunity from liability protections for physicians and certain other medical professionals in their rendering of medical services in support of the State’s response to the COVID-19 outbreak to May 7
• Continues the tolling of the statute of limitations deadlines for filing civil lawsuits to May 7

This Executive Order contains one health care matter directing hospitals and health care facilities to permit one person to be present who is a support person for a patient giving birth.

Continuing the State’s efforts to ensure sufficient numbers of healthcare professionals, nursing graduates (RN and LPN programs) may be employed for 180 days with supervision of a registered professional nurse and endorsement from the employing hospital or nursing home, and midwives licensed and in good standing from any state or Canada may practice in New York State without penalty. Also, physicians assisting the State’s response in a SUNY facility are provided with the defense and indemnification, as if a state employee. This Order also declares a modification of EO 202.10 on the dispensing of hydroxychloroquine or chloroquine by pharmacist and declares that COVID-19 guidance issued by DOH are immediately effective and supersede any prior conflicting guidance issued, including local health departments.

This Executive Order ensures that New York State has adequate hospital bed capacity, supplies, and providers to treat patients affected with COVID-19, as well as patients afflicted with other maladies. To assist in this goal, the Governor has provided immunities to licensed healthcare individuals through April 22, 2020.

New York’s Governor declared a state of disaster emergency for the entire State of New York on March 7, 2020, which authorizes him to temporarily suspend or modify, to the extent necessary, any statute, local law, ordinance, order, rule, or regulation of any agency and authorizes him to issue directives to cope with the disaster.

This executive order primarily mandates that most New York businesses reduce their in-office workforce by 50 percent. The order makes an exception for essential businesses providing essential services. The following is a list of essential health care operations:

• Research and laboratory services
• Hospitals
• Walk-in-care health facilities
• Veterinary and animal health services
• Elder care
• Medical wholesale and distribution
• Home health care workers or aides
• Doctor and dentist offices
• Nursing homes, or residential health care facilities or congregate care facilities
• Medical supplies and equipment providers

This executive order contains numerous suspensions and modifications of New York laws and regulations. Among those of particular note are the following:

• Allows physicians, physician assistants, and nurses licensed anywhere in the U.S. to practice medicine in New York State.
• Allows NY licensed but not registered physicians to practice medicine in New York State.
• Allows hospital staff who are privileged and credentialed to work in a hospital or health care facility in another state to practice in a hospital or health care facility in New York State.

This Executive Order directed local and state employees whose position is non-essential to either work from home or take leave. In addition, the Order mandated closure of all New York State schools until April 1.

This Executive Order limited gatherings in any one location to no more than 50 persons. The Order also required food service establishments to no longer serve food on premises but only via delivery or pick up and it closed all gyms, fitness centers and movie theaters in the state.

This Executive Order concerned suspension and modification of law governing elections in New York State. It also imposed certain requirements on school districts closing due to a local state of emergency.

This Executive Order suspends various laws and regulations in order to permit expansion of services and temporary facilities for health and human service providers. Also, the order suspended laws and regulations relating to child care to allow flexibility for providers while continuing to protect children’s health and safety.

This Executive Order suspended or modified a variety of New York Education Law and Public Health Law provisions in order to accomplish the following:

• Allow unlicensed persons to, upon training, collect swab specimens from persons suspected of having COVID-19.
• Authorized the New York State Department of Health to enact emergency rules and regulations to, among other things, permit hospitals to most effectively prepare for, and treat, the influx of persons seriously infected with COVID-19.