Summary of Executive Order 202.18

By Adriel Colón-Casiano

Executive Orders

On April 16, 2020, Governor Andrew Cuomo issued Executive Order 202.18 invoking new powers from a law passed to combat the COVID-19 pandemic to temporarily suspend or modify laws necessary to assist or aid in coping with a declared State disaster emergency. On March 3, 2020, the Governor signed into law legislation that expanded his authority to temporarily suspend, modify, or issue directives in response to a declared State disaster emergency. That legislation also accompanied a $40 million appropriation to the Governor to respond to the COVID-19 pandemic.

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.

Sections of the Education Law were further suspended or modified to allow specialist assistants, respiratory therapists, respiratory therapist technicians, pharmacists, clinical nurse specialists, dentists, dental hygienists, registered dental assistants, midwives, perfusionists, clinical laboratory technologists, cytotechnologists, certified clinical laboratory technicians, certified histological technicians, licensed clinical social workers, licensed master social workers, podiatrists, physical therapists, physical therapist assistants, mental health counselors, marriage and family therapists, creative arts therapists, psychoanalysts and psychologists who are licensed but not registered in New York to practice without civil or criminal penalty for lack of registration.

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.

The public health law was modified to allow pharmacies with registrations set to expire after March 31, 2020 to apply for renewal of that registration 30 days after the expiration of Executive Order 202.

Sections of the Business Corporation Law and the Education Law were modified or suspended to allow for the delayed filing of statements of domestic or foreign professional service corporations, design professional service corporations, and registered professional limited liability partnerships. Additionally, the triennial renewal of certificates of authorizations are delayed for certificates of authorizations of domestic or foreign professional service corporations, design professional service corporations, professional service limited liability companies, foreign professional service limited liability companies, registered professional limited liability partnerships, New York registered professional foreign limited liability partnerships, and partnerships and joint enterprises authorized to provide professional engineering, land surveying or professional geology services.

The Education Law was modified to extend the waivers for certain special education schools and early intervention programs providing certain professional services whose waivers are set to expire on or after March 31, 2020. Application for the waivers must occur within 30 days of the expiration of Executive Order 202.

The Education law was modified to allow for pharmacy technicians and pharmacists to practice at an alternative location which can include their home.

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.

Modifications and suspensions to sections the New York Code of Rules and Regulations to allow for home delivered meals to persons over 60 who do not meet eligibility requirements, to amendment the requirements for minimum percentages of dietary reference intake, that menus be reviewed and approved by a registered dietitian, that menus cover a four week cycle, deliveries are made for 5 or more days per week, and a suspension of the requirement of an in home visit within 5 days of first delivery of services. A requirement to pay cost-sharing was suspended. Required contacts under this program are permitted to be conducted by telephone or through other remote or electronic means.

Suspension and modification of a section of the General Business Law to delay the requirement of an offering statement or prospectus to become effective within 15 months from filing and that such requirement will be tolled for the duration of the Executive Order. Filing fees for offering statements or prospectus were similarly delayed.

Sections of the New York Code of Rules and Regulations are further suspended or modified to delay the setting forth of budgets for the first year of condominium operation as well as a delay to the offer of rescission if the first closing of a unit does not occur within the first year of operation.

The Education Law and related regulations were modified or suspended to allow for the remote supervision of a clinical lab provided the supervision is on-site for at least 8 hours per week.

Sections of the Social Security Law were modified or suspended to waive a 15 day waiting period for service retirement applications to take effect. Additionally, applicants who have died due to COVID-19 may receive retirement benefits due even if they were not yet in effect.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.

Under the newly enacted law, the Governor has the power to suspend, modify, or issue directives during a declared emergency for 30 days which may be extended for an unlimited number of 30 day periods with consent of the legislature after each subsequent period. Unless the Governor elects to extend the suspension or directives, they will expire on May 16, 2020.

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