New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.72 - Executive Order No. 72: Temporary Suspension and Modification of Health Statutes and Regulations During the State Disaster Emergency

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012, I issued Executive Order
					 Number 47, declaring a disaster emergency in all 62 counties in the State of
					 New York; and
WHEREAS, on October 30, 2012, the President issued a major
					 disaster declaration for the counties of Bronx, Kings, Nassau, New York,
					 Queens, Richmond and Suffolk, and on November 2, 2012, extended such
					 declaration to include Rockland and Westchester Counties; and
WHEREAS, Hurricane Sandy necessitated the evacuation of
					 numerous health care facilities while simultaneously increasing the threat of
					 injury and disease in the impacted areas, and resulted in power outages and
					 shortages of fuel that have complicated the efforts of health care providers to
					 serve their patients; and
WHEREAS, it is incumbent upon the State to ensure that the
					 provision of health care services to New Yorkers continues with minimal
					 disruption to the maximum extent feasible; and
WHEREAS, full compliance with certain statutory and
					 regulatory requirements may delay or impede the ability of providers to furnish
					 such services;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, 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 specific provisions
					 of any statute, local law, ordinance, orders, rules or regulations, or parts
					 thereof, of any agency during a State disaster emergency, if compliance with
					 such provisions would prevent, hinder or delay action necessary to cope with
					 the disaster emergency, hereby temporarily suspend or modify, as the case may
					 be, during the period from the date that the disaster emergency was declared
					 pursuant to Executive Order Number 47, issued on October 26, 2012, until
					 further notice, the following:
Subdivision (2) of section 3320  of the Public Health Law,
					 and any associated regulations, to the extent necessary to allow licensed
					 facilities, including but not limited to hospitals, nursing homes, and
					 institutional dispensers, to temporarily accept, store and administer those
					 controlled substances lawfully prescribed to patients and residents affected by
					 the disaster emergency, while maintaining appropriate patient specific
					 record-keeping and diversion prevention practices, and subject to any terms and
					 conditions that the Commissioner of Health may deem appropriate;
Subdivision (1) of section 3333 and subdivision (2) of
					 section 3338  of the Public Health Law, and any associated regulations, to the
					 extent necessary to allow a licensed pharmacist to dispense a controlled
					 substance to a patient whose access to prescriptions or previously dispensed
					 controlled substances has been directly affected by the disaster emergency, if
					 the pharmacist, through the use of a shared database can verify the
					 authenticity of the prescription and the prescription indicates authorized
					 refills;
Subdivision (3) of section 3332, subdivision (1) of section
					 3333 and subdivision (3) of section 3339  of the Public Health Law, and any
					 associated regulations, to the extent necessary to allow a licensed
					 practitioner to prescribe and a licensed pharmacist to dispense a controlled
					 substance more than seven days prior to the date the previously dispensed
					 supply would have been exhausted if the patient's supply has been destroyed,
					 made unusable or made inaccessible due to the disaster emergency;
Subpart 58-1 of Title 10 of the New York Codes, Rules and
					 Regulations ("NYCRR"), to the extent necessary to permit the Commissioner of
					 Health to issue provisional permits to laboratories or blood banks for the
					 purpose of conducting permitted categories of tests at alternate locations or
					 conducting categories of tests not listed in the laboratory's permit if, in the
					 discretion of the Commissioner, the laboratory has provided sufficient
					 information to show that such testing can be conducted safely and accurately so
					 as not to present an undue risk to patient health and fills a need for testing
					 created by the disaster emergency to protect the public health and
					 safety;
Section 400.9 and paragraph (7) of subdivision (f) of
					 section 405.9 of Title 10 of the NYCRR, to
					 the extent necessary to permit general hospitals and nursing homes licensed
					 pursuant to Article 28 of the Public Health Law ("Article 28 facilities") and
					 affected by the disaster emergency to rapidly discharge, transfer or receive
					 patients, as authorized by the Commissioner of Health, provided that such
					 facilities take all reasonable measures to protect the health and safety of
					 patients and residents, including safe transfer and discharge practices, and
					 comply with the Emergency Medical Treatment and Active Labor Act (42
					 U.S.C. §
											1395dd) and any associated
					 regulations;
Section 400.11 of Title 10 of the NYCRR, to the extent
					 necessary to permit Article 28 facilities receiving patients evacuated from
					 other Article 28 facilities due to the disaster emergency to complete patient
					 review instruments as soon as practicable;
Section
					 400.12 of Title 10 of the NYCRR,
					 to the extent necessary to allow patients affected by the disaster emergency to
					 be transferred to receiving Article 28 facilities as authorized by the
					 Commissioner of Health;
Subdivision (e) of section 405.2 of Title 10 of the NYCRR,
					 to the extent necessary to permit general hospitals affected by the disaster
					 emergency to maintain adequate staffing;
Subdivision (b) of section 405.3 of Title 10 of the NYCRR,
					 to the extent necessary to allow general hospitals affected by the disaster
					 emergency to use qualified volunteers or personnel affiliated with different
					 hospitals, subject to terms and conditions established by the Commissioner of
					 Health;
Paragraph (6) of subdivision (b) of section
					 405.4 of Title 10 of the NYCRR, to
					 the extent necessary to allow general hospitals affected by the disaster
					 emergency to assess the fitness of medical postgraduate trainees and attending
					 physicians to continue working without a specific hourly limit;
Paragraph (1) of subdivision (e) of section 405.4 and
					 subdivision (b) of section
					 707.3 of Title 10 of the NYCRR, to
					 the extent necessary to permit physicians to supervise up to ten physician
					 assistants and registered specialist assistants in general hospitals affected
					 by the disaster emergency;
Paragraph (12) of subdivision (b) of section
					 405.9 of Title 10 of the NYCRR, to
					 the extent necessary to permit general hospitals receiving patients transferred
					 from Article 28 facilities evacuated as a result of the disaster emergency to
					 arrange for the performance of histories and physical examinations of the
					 evacuated patients as soon as practicable following admission;
Subdivision (d) of section
					 405.19 of Title 10 of NYCRR, to
					 the extent necessary to allow general hospitals affected by the disaster
					 emergency to staff their emergency departments as needed;
Subdivision (a) of section 405.28 of Title 10 of the NYCRR,
					 to the extent necessary to permit general hospitals receiving individuals
					 affected by the disaster emergency to provide social services screenings as
					 soon as practicable following admission or to forego such screenings for
					 individuals returned to facilities from which they were evacuated;
Section 415.11 of Title 10 of the NYCRR, to the extent
					 necessary to permit nursing homes receiving individuals affected by the
					 disaster emergency to perform comprehensive assessments of those residents
					 temporarily evacuated to such nursing homes as soon as practicable following
					 admission or to forego such assessments for individuals returned to facilities
					 from which they were evacuated;
Subdivision (b) of section
					 415.15 of Title 10 of the NYCRR,
					 to the extent necessary to permit nursing homes receiving individuals affected
					 by the disaster emergency to obtain physician approvals for admission as soon
					 as practicable following admission or to forego such approval for individuals
					 returned to facilities from which they were evacuated;
Subdivision (i) of section 415.26 of Title 10 of the NYCRR,
					 to the extent necessary to permit nursing homes receiving individuals affected
					 by the disaster emergency to comply with admission procedures as soon as
					 practicable following admission or to forego such procedures for individuals
					 returned to facilities from which they were evacuated;
Paragraph (7) of subdivision (h) of section 763.4 and
					 paragraph (1) of 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 serving individuals affected by the disaster emergency to conduct
					 in-home supervision of home health aides and personal care aides as soon as
					 practicable after the initial service visit;
Subdivision (a) of section 763.5 of Title 10 of the NYCRR,
					 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 serving individuals affected by the disaster emergency to be made
					 within 48 hours of receipt and acceptance of a community referral or return
					 home from institutional placement;
Paragraph (3) of subdivision (a) of section 763.7 and
					 subdivision (d) of section 766.4 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
					 serving individuals affected by the disaster emergency to obtain medical orders
					 signed by authorized practitioners within 60 days;
Paragraph (3) of subdivision (b) of section 505.14 and
					 paragraph (1) of subdivision (d) of section 505.28 of Title 18 of the NYCRR, to
					 the extent necessary to permit a physician's order to be completed and
					 forwarded to the social services district within 60 days after the medical
					 examination of a patient affected by the disaster emergency;
Subparagraph (ix) of paragraph (5) of subdivision (b) of
					 section 505.14 and subdivision (f) of section 505.28 of Title 18 of the NYCRR,
					 to the extent necessary to permit an additional 30 days for reauthorizations of
					 personal care and consumer directed personal assistance program services for
					 individuals affected by the disaster emergency, where the authorized period of
					 services otherwise would terminate during the period of the disaster emergency
					 declared pursuant to Executive Order Number 47;
Subparagraph (ii) of paragraph (2) of subdivision (e) of
					 section 505.14 of Title 18 of the NYCRR,
					 to the extent necessary to permit training for personal care workers serving
					 individuals affected by the disaster emergency to be held as soon as
					 practicable after the conclusion of such period, where such training otherwise
					 would be required during the period of the disaster emergency declared pursuant
					 to Executive Order Number 47, provided that such workers have sufficient
					 competence to provide such services; and
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 provided to individuals affected by the disaster emergency to be made
					 as soon as practicable.
Signed: Andrew M. Cuomo
Dated: November 11, 2012