Client Alert: Summary of Executive Order 202.18 and Executive Order 202.19

By Patrick Formato, Barbara Phair, Frank Mazzagatti and Jonathan Rogoff

Executive Order 202.18

The Governor suspended and modified the Education Law to permit physicians, nurses, physician assistants, radiologic technologists, clinical nurse specialists, specialist assistants, licensed master social workers and licensed clinical social workers who are licensed and in current good standing in any province or territory of Canada to practice in New York State without civil or criminal penalty for lack of licensure.

The Education Law was modified to allow nurse practitioners to practice in a hospital or nursing home for 180 days immediately following successful completion of a New York State registered nurse practitioner licensed education program provided the graduate files an application for certification as a nurse practitioner.

The Education Law was further amended to allow for clinical laboratory technicians to be employed or practice for 180 days immediately following successful completion of a New York State Registered licensure education program in a New York State permitted clinical laboratory.

Section 603(b) of the Not-for-Profit Corporations Law was modified to allow for meetings by not-for-profit corporations to be held remotely or through other electronic means.

The Governor also issued additional directives that require skilled nursing facilities, nursing home, or adult care facilities licensed and regulated by the state to notify family members or next of kin if any resident tests positive for COVID-19 or has a COVID-19 related death within 24 hours of the positive result or death.

Persons over the age of 2 utilizing public or private transportation carriers or for-hire vehicles are directed to wear a mask or face covering over the nose and mouth during the trip.

The Governor consolidated the directives that direct the closure and restriction of public or private business or places of public accommodation to have their expiration dates aligned with all in-person workplace restrictions and to extend those expirations to May 15, 2020.

Schools directed to be closed under a prior Executive Order were directed to remain closed until May 15, 2020.

Executive Order 202.19

The directive contained in Executive Order 202.18 requiring any skilled nursing facility, nursing home, or adult care facility licensed and regulated by the Commissioner of Health to notify a family member or next of kin if any resident tests positive for COVID-19, or suffers a COVID-19 related death, within 24 hours is hereby modified solely to provide a penalty for non-compliance of $2,000 per violation per day, as if it were a violation of section 12 of the public health law, and any subsequent violation shall be punishable as if it is a violation of section 12-b of the public health law.

No local government or local department of health shall take any actions that could affect public health without consulting with the state department of health. No local government official shall take any action that could impede or conflict with any other local government actions, or state actions, with respect to managing the COVID-19 public health emergency.

The attorneys at Abrams Fensterman are committed to providing you with the most current and accurate information and guidance from the New York State Department of Health and via Executive Orders issued by the Governor. When updated information is made available, we will provide you with additional or revised Client Updates.