New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 9 - Executive Orders (Kathy Hochul) › Section 9.21 - Executive Order No. 21: Continuing the Declaration of a Statewide Disaster Emergency Due to Healthcare Staffing Shortages in the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, there are staffing shortages in hospital and other
					 healthcare facilities and they are expected continue;
WHEREAS, severe understaffing in hospitals and other
					 healthcare facilities is expected to continue to effect the ability to provide
					 critical care and to adequately serve vulnerable populations;
WHEREAS, there is an immediate and critical need to
					 supplement staffing to assure healthcare facilities can provide care;
NOW, THEREFORE, I, Kathy Hochul, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 Laws of the State of New York, do hereby find, pursuant to Section 28 of
					 Article 2-B of the Executive Law do hereby extend the state disaster emergency
					 as set forth in Executive Order 4, and continue the terms, conditions, and
					 suspensions contained in Executive Order 4, until November 26,2021;
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, I hereby
					 temporarily suspend or modify, for the period from the date of this Executive
					 Order through November 26,2021 the following:
* The temporary modification of Sections 8602 and 8603  of
					 the Education Law, and section 58-1.5 of Title 10 of the NYCRR, contained in
					 Executive Order 4, insofar as such modification authorized individuals to
					 perform testing for the detection of SARS-CoV-2, or its antibodies, is modified
					 only to the extent necessary to further allow such individuals to perform any
					 clinical laboratory test on any specimen, including for the detection of
					 SARS-CoV-2 and influenza, provided such individual is under appropriate
					 supervision and meets the federal requirements for testing personnel'
					 appropriate to the assay or device authorized by the FDA or the New York State
					 Department of Health;
* Subdivision a of section 763.5 of Title 10 of the NYCRR,
					 only to the extent necessary to permit initial patient visits for certified
					 home health agencies, long term home health care programs and AIDS home care
					 programs to be made within 48 hours of receipt and acceptance of a community
					 referral or return home horn institutional placement;
* Paragraph 2 of subdivision g of section 763.4; paragraphs
					 7 and 8 of subdivision h of section 763.4 -paragraph 2 of subdivision a of
					 section 766.5; and subdivision d of section
					 766.5 of Title 10 of the NYCRR, to
					 the extent necessary to permit certified home health agencies, long term home
					 health care programs, AIDS home care programs, and licensed home care services
					 agencies to conduct in-home supervision of home health aides and personal care
					 aides as soon as practicable after the initial service visit, or to permit
					 in-person and in-home supervision to be conducted through indirect means
					 including by telephone or video communication;
* Paragraph 3 of subdivision f of section
					 505.14 of Title 18. of the NYCRR,
					 to the extent necessary to permit nursing supervision, visits for personal care
					 services to be made as soon as practicable;
* The suspension contained in Executive Order 4 of Article
					 3 0 of the Public Health Law is modified and clarified only to the extent
					 necessary to allow EMTs and Advanced EMS providers, at the discretion of the
					 Commissioner of Health, to provide emergent and non-emergency services in
					 non-traditional EMS environments, such as hospitals, provided, however, that
					 only services within such providers' level of certification may be
					 performed;
* The suspension contained in Executive Order 4 of
					 subdivision 7 of Public Health Law section 3001, subdivision (p) of section
					 800.3 is further modified to suspend subdivisions (6) and (7) of Public Health
					 Law section 3001, subdivisions (o) and (p) of section 800.3, and section
					 800.15 of Title 10 of the NYCRR,
					 only to the extent necessary to allow certified EMTs and advanced EMS
					 providers, to administer vaccinations. against influenza and COVID-19 pursuant
					 to anon-patient specific order, including in non-emergency environments and
					 locations, provided that EMTs and advanced EMS providers must first meet
					 conditions set by the Commissioner of Health;
* The suspension contained in Executive Order 4 of Article
					 139 of the Education Law, Section 576-b  of the Public Health Law and Section 5
					 8-1.7 of Title 10 of the NYCRR is further modified only to the extent necessary
					 to permit registered nurses to also order the collection of saliva and nasal
					 tests, in addition to throat and nasopharyngeal swab specimens from
					 individuals, for purposes of COVID-19, testing;.
* The suspension contained in Executive Order 4 of
					 subdivision 1 of section 6902, Subdivision 4, 5 and 7 of section 6909  of the
					 Education Law, subdivision 6 and 7 of section 6527  of the Education Law, and
					 section 63.9 and 64.7 of Title 8 of the NYCRR to allow testing for COVID-19, is
					 further modified only to add influenza testing, subject to the same terms and
					 conditions; and
* The suspension contained in Executive Order 4 of sections 6521 and 6 9 02 of the Education Law, subdivisions 4, 5, and 7 of section 6909 
					 of the Education Law, subdivisions 6 and 7 of section 6527  of the Education
					 Law, and sections 63.9 and 64.7 of Title 8 of the NYCRR insofar as they limit
					 the execution of medical regimens prescribed by a licensed physicians or other
					 licensed and legally authorized health care providers to registered nurses
					 licensed pursuant to Article 139 of the Education Law, is further modified to
					 the extent necessary to permit non-nursing staff upon completion of training
					 deemed adequate by the-Commissioner of Health, tor
(1) collect throat, saliva, nasal, or
					 nasopharyngeal swab specimens, as applicable and appropriate, for purposes of
					 COVID-19 or influenza testing;
(2)
					 collect blood specimens for the diagnosis of acute or past COVID-19
					 disease;
(3) administer
					 vaccinations against influenza or COVID-19 pursuant to the most recent
					 recommendations by the Advisory Committee for Immunization Practices (ACIP)
					 and/or an applicable United States Food and Drug Administration approval or
					 Emergency Use Authorization (EUA), subject to any other conditions set forth in
					 tins Order, including but not limited to conditions related to training and
					 supervision, where applicable; and
(4) where applicable and to the extent
					 necessary, to perform tasks, under the supervision of a nurse, otherwise
					 limited to the scope of practice of a licensed or registered nurse to provide
					 care for individuals.
GIVEN under my hand and the Privy Seal of the State in the
					 City of Albany this twenty-seventh day of October in the year two thousand
					 twenty-one.
Signed: Kathy Hochul
Dated: October 27, 2021