The Trump administration and state and local governments are wisely
suspending regulations in order to help the fight against the COVID-19
virus.
Many of these regulations were never needed 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. If you have another example to add, please send it to ideas@atr.org
Suspended federal rules and regulations:
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)
DOT provides hours-of-service regulatory relief to commercial vehicle drivers transporting emergency relief
“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)
Allowance of licensed health care professionals to work in a different state from which they are licensed
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)
The
Small Business Administration relaxed criteria for disaster assistance
loans, expanding small businesses’ access to economic assistance
“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)
Puerto Rico and other territories allowed to acquire protective equipment (like masks) from non-U.S. sources
“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)
FCC lends wireless internet service providers 5.9 GHz Spectrum to help them serve rural communities during the COVID-19 pandemic
“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)
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)
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)
Arizona
– Expanding licensing opportunities by helping licensed professionals
in the state stay licensed and deferring certain requirements for six
months
“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)
Arkansas
– Lifting restrictions on telehealth law, which required an in-person
encounter to establish a professional relationship
“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)
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)
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 Commisioner of Revenue Services shall issue any implementing
order he deems necessmy, and any guidance for businesses on accounting
or other necessmy measures during this temporary suspension.” – Office of Governor Ned Lamont (3/26/20)
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)
Florida – Physicians may issue a physician certification for the medical use of marijuana without a physical examination
“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)
Florida – Controlled substance prescribing practitioners may issue a renewal prescription by the use of telehealth services
“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)
Florida
– All rules that would limit distribution, dispensing, or
administration of otherwise legitimate prescription drugs are suspended
“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)
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)
Iowa
– Reduced number of hours of experience needed for medical students to
obtain a license if the higher education institution approves
“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)
Iowa
– Temporary medical licenses to be granted to assist with COVID-19
response for individuals who held a license within the last five years,
but is currently inactive
“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)
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)
Louisiana – Online lab simulations allowed to substitute for classroom instruction and in-person clinicals
“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)
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)
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)
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)
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)
Michigan
– Department of Licensing and Regulatory Affairs allowed to grant a
waiver for rules that previously limited the number of hospital beds and
mobile health care facilities
“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)
Michigan – Allows certified nursing aides to treat patients when needed, with the same autonomy as certified nurses
“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)
Michigan – Temporary extension of deadline to redeem property for nonpayment of delinquent property taxes
“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)
Mississippi
– Mississippi State Board of Medical Licensure to lift restrictions
that will help reduce doctor-patient contact and allow telemedicine
“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)
Mississippi – Allowing out of state physicians to practice telemedicine without being licensed in Mississippi
“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)
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
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)
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)
New York – Construction, building code, and conservation laws relaxed when creating new hospitals, renovating hospitals
“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)
New York – Relaxed the approval process for administering a drug outside of the “state’s preferred list”
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 – 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)
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)
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)
Oklahoma – Allowing health-care providers to provide care via telemedicine with no pre-existing relationship required
“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)
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)
Pennsylvania
– Licensed Health Care Practitioners Can Provide Telemedicine Services
to Pennsylvanians During Coronavirus Emergency
“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)
Pennsylvania – Issuance of Temporary Licenses to Health Care Practitioners to be Expedited During Coronavirus Emergency
“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)
Pennsylvania – Medical Doctors’ Two-Facility Institutional License Limit Suspended During Coronavirus Emergency
“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)
Pennsylvania
– Pennsylvania Suspends Certain Licensure Requirements for State Board
of Psychology, and State Board of Social Work, Marriage and Family
Therapy, and Professional Counselors
“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)
Pennsylvania – Some License Requirements for Qualified Physicians Assistants Are Suspended During Coronavirus Emergency
“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)
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)
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)
Tennessee – Allow testing for COVID-19 at alternative sites without prior approval from medical board
“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)
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)
Texas
– Fast-tracking the temporary licensing of out-of-state physicians,
physician assistants, certain retired physicians, nurses, and other
license types
“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)
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)
Virginia – Suspend Motor Vehicle Safety Inspections, typically required for every vehicle registered in the state
“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)
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, 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)
Suspended local rules and regulations:
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)
West Fargo, ND – Allowing licensed restaurants and bars to sell alcohol curbside, to-go and with delivery orders
“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)
Fargo, ND – Allowing licensed restaurants and bars to sell alcohol curbside, to-go and with delivery orders
“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)
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
https://www.atr.org/rules
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.