CHA News

Authority for CDPH Space Waiver, EMSA Out-of-State Licensees Extended to March 31

For licensing & certification staff, facilities staff, infection preventionists, quality & patient safety staff

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On Nov. 10, Gov. Gavin Newsom signed an executive order extending until March 31, 2022, the following key hospital-related provisions that were set to expire Dec. 31, 2021. The executive order:  

  • Authorizes the California Department of Public Health (CDPH) to suspend certain licensing requirements found in the Health and Safety Code and Title 22 for general acute care hospitals, acute psychiatric hospitals, skilled-nursing facilities, and other facility types. The authority for CDPH to issue the space waiver in All-Facilities Letter 20-26.10 is now extended.  
  • Authorizes the Emergency Medical Services Authority (EMSA) to allow out-of-state health care personnel to practice in California. For details, see EMSA’s COVID-19 website under “Authorization of Out-Of-State Medical Personnel.”  
  • Authorizes EMSA to suspend any licensing, certification, or training requirements for EMS personnel. This includes allowing EMS to permit EMS personnel to provide services in any setting, including hospitals.  
  • Authorizes EMSA to add to optional scopes of practice for paramedics without first consulting with a committee of local EMS medical directors.  
  • Authorizes CDPH to waive professional licensing, certification, and scopes of practice for certified nursing assistants, home health aides, nursing home administrators, and certified hemodialysis technicians.  
  • Authorizes CDPH to waive certain requirements for clinics, adult day health care, hospices, and mobile health care units.  
  • Authorizes the Department of Social Services to waive certain requirements for community care facilities, day care facilities, and residential care facilities for the elderly.  

These authorities for CDPH and EMSA will be in place until March 31, 2022. CHA had advocated for extension of both authorities given their critical importance in preserving temporary spaces at hospitals and allowing out-of-state staff who are needed to provide care to patients. CHA will advocate for CDPH and EMSA to release announcements as soon as possible when they utilize this extended authority.