A new executive order from Gov. Gavin Newsom extends indefinitely the authority for two departments to provide key flexibilities:
- California Department of Public Health (CDPH) to issue a waiver that allows hospitals to reconfigure physical space as needed. This is often referred to as the CDPH space waiver and is contained in All Facilities Letter (AFL) 20-26.12.
- Emergency Medical Services Authority (EMSA) to allow licensed 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.”
CHA had urged state leaders to extend these flexibilities, requesting extensions from June 30 until Sept. 30, as all previous extensions had been in 90-day increments.
On June 20, EMSA updated the materials on its website (“scroll down to Authorization of Out-of-State Medical Personnel”). These materials now reflect the department’s authority to authorize out-of-state health care personnel for the duration of the COVID-19 state of emergency.
CDPH must next formally extend its space waiver by releasing a revised AFL, which CHA is asking that they do as soon as possible.
In addition, the executive order extended the following health care-related provisions that were set to expire June 30, and are also now extended indefinitely, until rescinded by future governor’s executive order:
- Authorizes EMSA to suspend any licensing, certification, or training requirements for EMS personnel. This authority includes allowing EMS personnel to provide services in any setting, including hospitals. EMSA has previously provided details.
- 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 licensing requirements for clinics, adult day health care, hospices, and mobile health care units.
- Authorizes the Department of Social Services to waive licensing requirements for childcare facilities, residential care facilities for the elderly, and community care facilities.
CHA will continue to provide the latest as flexibilities from this executive order are implemented by state departments.