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Administering COVID-19 and Influenza Vaccines
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Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccine or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

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Answer: Pursuant to this Seventh Amendment, liability protection under the federal PREP Act is available to certain professionals if they meet certain conditions, including completion of federal training and possessing a current certificate in basic cardiopulmonary resuscitation. Please be advised that, according to guidance provided by the United States Department of Health and Human Services (HHS), the additional requirements described in the Seventh Amendment do not apply to those professionals that have also been authorized to vaccinate by a state, including those professionals authorized to vaccinate in New York State by statute or regulation. Those professionals authorized to vaccinate in New York State by statute or regulation will not be required to obtain additional training beyond that required by the State in order to receive liability protection under the federal PREP Act. In addition, several temporary exceptions and authorizations relevant to Title VIII professionals that have also been authorized to vaccinate in New York State have now expired and therefore these professionals will be required to obtain the additional training required under the federal PREP Act.

More information about the PREP Act and the federal requirements can be found at PHE.gov and additional information about eligibility can be found at PHE.gov/COVIDvaccinators. Licensed professionals should consult with their own counsel to determine how the federal PREP Act requirements impact applicable professions in New York State. All questions regarding this federal law should be directed to the United States Department of Health and Human Services.

Recordkeeping
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Answer: No. Currently, pursuant to Executive Order 4 Health care providers may be relieved of recordkeeping requirements, including but not limited to assigning diagnostic codes or creating or maintaining other records for billing purposes, without civil or criminal penalty imposed by the Department of Health or State Education Department.

Continuing Education (CE) Requirements
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Not at this time. The New York State Education Department (NYSED) is working closely with other New York State agencies and the Governor’s Office to tackle issues relating to COVID-19. Please continue to monitor the Department’s website for updated guidance.

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Some regulations restrict licensees to a certain percentage of self-study for continuing education requirements. In response to the Novel Coronavirus (COVID-19), and for those licensees whose registrations were due to renew between March 1, 2020 – January 1, 2023, the Department granted an adjustment to all licensees to complete up to 100% of the continuing education as self-study, provided that it was taken from a Department-approved provider and was in an acceptable subject area for the specific profession. Starting January 2, 2023, the adjustment is no longer available and licensees should resume their required percentages of self-study for continuing education that is in each individual profession’s laws and regulations.

Additionally, the Department granted an adjustment to all licensees, regardless of registration renewal date, to utilize self-study for any coursework taken during the period from March 1, 2020 – January 1, 2023, provided that it was taken from a Department-approved provider and is in an acceptable subject area for the specific profession. Coursework taken outside that timeframe must meet the continuing education requirements in each individual profession’s laws and regulations.

NYSED is working closely with other New York State agencies and the Governor’s Office to tackle issues relating to COVID-19. Please continue to monitor the Department’s website for updated guidance.

Professional Licensing and/or Registration Fees
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Currently, pursuant to Executive Order 4, to the extent necessary to assist with the healthcare staffing shortage, retired physiciansregistered professional nurseslicensed practical nurses, and nurse practitioners licensed to practice and in current good standing in New York State, but not currently registered in New York State, may re-register through use of this expedited online registration form which waives any registration fee for the triennial registration period. At this time, the re-registration fee remains in effect for all other SED professions, and this online registration form can be used to re-register for those professions not mentioned above regarding the waived fees.

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Currently, pursuant to Executive Order 4, NYS licensed physicians, physician assistants, specialist assistants, registered professional nurses, licensed practical nursesnurse practitioners, clinical nurse specialists, respiratory therapists, respiratory therapist technicians, pharmacists, 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 have an unencumbered license and are currently in good standing in New York State may practice without being registered. All other NYS licensed professionals are required to be currenting registered in order to practice.

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Currently, pursuant to Executive Order 4physicians, physician assistants, specialist assistants, registered professional nurses, licensed practical nurses, nurse practitioners, clinical nurse specialists, licensed clinical social workers, licensed master social workers, midwives, respiratory therapists and respiratory therapy technicians who are licensed and in current good standing in any state in the United States do not need to hold a NYS license or registration to practice in the State of New York. All other licensed professionals are required to be licensed in the State of New York in order to practice.

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Currently, pursuant to Executive Order 4physicians, physician assistants, specialist assistants, registered professional nurses, licensed practical nurses, nurse practitioners, clinical nurse specialists, licensed clinical social workers, licensed master social workers, and midwives, or any substantially similar titles who are licensed and in current good standing in any province or territory of Canada do not need to hold a NYS license or registration to practice in the State of New York. All other licensed professionals are required to be licensed in the State of New York in order to practice.

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No, the Executive Order waives Section 212 of the Retirement and Social Security Law, for the purpose of disregarding any income earned during the period of the emergency from the earnings limitation calculated under such section.

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The Office of the Professions will accept official electronic transcripts and/or Form 2 Applications from educational institutions (i.e. colleges/universities) or designated third-party transcript entities located in the United States or Canada. Instructions and information on the criteria required for these submissions are available on our website.

Professional Education Program Review
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Please first contact your program director regarding this. If there are any challenges, please ask your director to contact us at opprogs@nysed.gov

Corporations
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Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. All triennial renewal of certificates of authorizations for 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, partnerships and joint enterprises specified in Education Law §7209 (4) authorized to provide professional engineering, land surveying or professional geology services are required to be submitted in accordance with applicable laws.

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Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. All triennial statements for domestic professional service corporations pursuant to Business Corporation Law § 1514 are required to be submitted in accordance with applicable laws.

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Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. All annual statements for foreign professional service corporations pursuant to Business Corporation Law § 1531 are required to be submitted in accordance with applicable laws.

Corporate Practice Waivers
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Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired, including Executive Order 202.18. Therefore, an entity holding a 6503-b waiver to provide certain professional services whose waiver expired on or after March 31, 2020, must submit the required fee and application for the renewal of such waivers in accordance with applicable laws.

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No. None of the Executive Orders issued by former Governor Andrew Cuomo related to COVID-19 Disaster Emergency, extended 6503-a waiver renewal requirements. Therefore, the entity must renew the waiver registration by the due date to continue to provide services. The Department is receiving, and processing renewal applications and questions should be sent to SWMHPEntity@nysed.gov. Please note that Part Y of Chapter 57 of the Laws of 2018 exempts from the waiver requirement a program or service operated, regulated, funded, or approved by the Department of Mental Hygiene (OMH, OPWDD & OASAS), Office of Children and Family Services, Office of Temporary and Disability Assistance, Department of Corrections and Community Supervision, State Office for the Aging, Department of Health, local governmental unit or social services districts, as defined in Article 41 of the Mental Hygiene Law and section 61 of the Social Services Law, respectively.

Social Work and Mental Health Professions
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  Yes. There are practice alerts and guidelines that address this type of intervention by an individual licensed and registered in New York. As a licensed professional, you are responsible for confidentiality and record-keeping, to the same extent as when providing direct, in-person services.

If you are not licensed in New York, you may not practice a restricted profession by either technology or in-person unless otherwise authorized pursuant to an Executive Order issued by the New York State Governor during a disaster emergency. Currently, pursuant to Executive Orders 202.15, mental health counselors, marriage and family therapistscreative arts therapists and psychoanalysts who are licensed and in current good standing in any state in the United States do not need to hold a NYS license or registration to practice in the State of New York. Currently, pursuant to Executive Orders 202.18, licensed clinical social workers and licensed master social workers, who are licensed and in current good standing in any state in the United States  or in any province or territory of Canada, do not need to hold a NYS license or registration to practice in the State of New York.

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Yes. The supervisor remains responsible for the assessment, evaluation and treatment of each client seen by the supervisee.  Supervised client contact hours completed through distance technology may be submitted on Form 4B, as part of the supervised experience requirement for licensure and do not have to be designated as such.

The Board of Regents approved an emergency regulation that allows supervision by telephone or video technology to continue beyond the State of Emergency. The supervisor remains responsible for the assessment, evaluation, diagnosis and treatment of each client seen under supervision.

All treatment and supervision provided through distance technology must be completed through secure means, whether on the telephone or through the use of video conferencing. Texting and email are not acceptable forms of supervision at any time, other than to notify the supervisor of an urgent situation that requires intervention.

 
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Yes. The Department-approved provider may convert all or part of a course or program to live online or self-study format. The provider is responsible for ensuring attendance and participation by the learners, whether through tests or other measures.

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Chapter 182 of the Laws of 2020 allows the Department to issue a permit for one additional 12-month period, upon submission of an application and fee, if COVID caused an interruption or reduction in services. Information about permit requirements may be found on the profession specific page.

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The Department will review applications from license-qualifying programs that seek to reduce the duration of the supervised internship to no less than 85% of the 900 hours required in the calendar year 2020 MSW program. This is consistent with the standards from the Council on Social Work Education (CSWE) in other jurisdictions. The MSW program remains responsible for ensuring that students are under the in-person or distance supervision of a LMSW or LCSW, consistent with the services rendered by the student intern. Schools may propose alternative activities in the event the current COVID-19 crisis makes traditional interventions and activities impossible. In order to continue this flexibility beyond the expiration of the state of emergency for the profession of Social Work, the Board of Regents approved an emergency regulation at the July 2021 meeting that amends section 52.30 of the Commissioner’s regulations to permit the Department to modify, to the extent authorized by law, the field experience, practicums or other such experience requirements relative to registered programs for licensed master social work and licensed clinical social work recognized as leading to licensure in licensed master social work and licensed clinical social work for individuals impacted by the COVID-19 crisis.

Medicine
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Pursuant to Executive Order 4 any physician who will graduate in 2021 or 2022 can practice under the supervision of a licensed physician at any institution if they have:

  • graduated from an academic medical program accredited by a medical education accrediting agency for medical education by the Liaison Committee on Medical Education or the American Osteopathic Association; and
  • been accepted by an Accreditation Council for Graduate Medical Education accredited residency program within or outside of New York State.
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Yes, if certain requirements are met. Pursuant to Executive Order 4, individuals, who graduated from registered or accredited medical programs located in New York State in 2021, to practice medicine in New York State, without the need to obtain a license and without civil or criminal penalty related to lack of licensure, provided that the practice of medicine by such graduates must in all cases be supervised by a physician licensed and registered to practice medicine in the State of New York.

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Yes, pursuant to Executive Order 4 physicians, physician assistants and specialist assistants, to the extent necessary to allow staff with the necessary professional competency and who are privileged and credentialed to work in a facility in compliance with the Public Health Law and applicable regulations, or who are privileged and credentialed to work in a facility in another state in compliance with the applicable laws and regulations of that other state, to practice in a facility in New York State.

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Yes, pursuant to Executive Order 4 physicians and certified nurse practitioners may issue a non-patient specific regimen to nurses or any such other persons authorized by law or by executive order to (1) collect throat or nasopharyngeal swab specimens from individuals suspected of suffering from a COVID-19 infection, for purposes of testing, or to perform such other tasks as may be necessary to provide care for individuals diagnosed or suspected of suffering from a COVID-19 infection; (2) collect blood specimens for the diagnosis of acute or past COVID-19 disease; (3) administer vaccinations against influenza or COVID-19 pursuant to the most recent recommendations by the Advisory Committee for Immunization Practices (ACIP) and/or an applicable United States Food and Drug Administration approval or Emergency Use Authorization (EUA), subject to any other conditions set forth in Executive  Order, including but not limited to conditions related to training and supervision, where applicable; and (4) where applicable and to the extent necessary, to perform tasks, under the supervision of a nurse, otherwise limited to the scope of practice of a licensed or registered nurse to provide care for individuals.

In addition, the Executive Order allows non-nursing staff, as permitted by law and upon completion of training deemed adequate by the Commissioner of Health, to: (1) collect throat, nasal, or nasopharyngeal swab specimens, as applicable and appropriate,  from individuals suspected of being infected by COVID-19 or influenza, for purposes of testing; (2) collect blood specimens for the diagnosis of acute or past COVID-19 disease; (3) administer vaccinations against influenza or COVID-19 pursuant to the most recent recommendations by the Advisory Committee for Immunization Practices (ACIP) and/or an applicable United States Food and Drug Administration approval or Emergency Use Authorization (EUA), subject to any other conditions set forth in Executive Order, including but not limited to conditions related to training and supervision, where applicable; and (4) where applicable and to the extent necessary, to perform tasks, under the supervision of a nurse, otherwise limited to the scope of practice of a licensed or registered nurse to provide care for individuals.

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Yes. Executive Order 4 allows physician visits for nursing home residents to be performed via telemedicine.

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Yes. Executive Order 4 allows for physician assistants and specialist assistants to provide medical services appropriate to their education, training, and experience without oversight from a supervising physician without civil or criminal penalty related to a lack of oversight by a supervising physician.

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Yes. Executive Order 4 allows graduates of foreign medical schools having at least one year of graduate medical education to provide patient care in hospitals, and allows such graduates without licenses to provide patient care in hospitals if they have completed at least one year of graduate medical education.

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Yes. Due to the State of Emergency declared by the Governor pursuant to Executive Order 4, the Department, in its discretion, may renew such limited permit for an additional 24 months provided a previous extension pursuant to a prior State of Emergency for the COVID 19 crisis has not already been granted.

Pharmacy
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Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccines or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

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Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccines or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

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Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccines or to administer COVD-19 testing. The Eighth Amendment to the PREP Act clarifies and expands the authority for certain Qualified Persons authorized to prescribe, dispense, and administer covered countermeasures under section VI of this Declaration including “qualified pharmacy technicians,” which must be licensed and/or registered in accordance with New York State requirements. Information about the PREP Act can be found on our website.