Steven R. Gersz
Governor Cuomo Takes Action to Expand the Pool of Health Care Practitioners Amid COVID-19 Crisis
Through the issuance of two Executive Orders by New York State Governor Cuomo occasioned by the COVID-19 crisis, the Governor has taken action to expand the pool of healthcare practitioners available to meet the needs of New York residents. For a period through mid-April 2020, the otherwise applicable New York State laws rules and regulations are relaxed to allow:
1. Physicians, physician assistants, nurse practitioners, registered nurses, licensed practical nurses, respiratory therapists and radiologic technologists that are licensed and in good standing in any state to practice within New York State;
2. Physician assistants, specialist assistants and nurse practitioners to provide medical services appropriate to their education, training and experience, without the usually required physician supervision, written practice agreement or collaboration relationship, as applicable; and
3.“Retired“ practitioners, including physicians, physician assistants, nurse practitioners, registered nurses, licensed practical nurses and radiologic technologists who are licensed and in good standing in their respective field but not registered to practice with New York, to nevertheless practice in New York State.
It should also be noted that Governor Cuomo granted qualified immunity to medical personnel who are treating patients with COVID-19. Specifically, Executive Order 202.10 grants immunity from liability for all physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered professional nurses and licensed practical nurses caring for COVID-19 patients so long as the provider does not act with gross negligence. This Executive Order only applies to providers who are treating COVID-19 patients.
Margaret E. Somerset wrote about this qualified immunity earlier in the week. To learn more, please see her post here.
For more information on these matters see New York Executive Orders 202.5 and 202.10
As always, if you have any questions, please feel free to contact us here or call us at 585.258.2800.
You can view more COVID-19-related posts in our COVID-19 Resource Area here.