The Department is working closely with other New York State agencies and the Governor’s Office relative to issues related to COVID 19. While the several exceptions and authorizations relevant to the Title VIII statutes and regulations contained within Executive Order 202 and each successor Executive Order to Executive Order 202 have now expired, Title VIII professionals should return to compliance with all Title VIII statutory and regulatory requirements without delay unless specifically suspended or waived pursuant to Executive Order 4. Please be advised that the COVID-19 Disaster Emergency declared by former Governor Andrew Cuomo, pursuant to Executive Order 202 issued on March 7, 2020, and each successor Executive Order to Executive Order 202 have expired as of June 25, 2021. Additional information about the PREP Act can be found on our website. For more information on those categories of qualified persons covered to administer COVID-19 vaccines under the PREP Act Declaration and its amendments: PREP Act Fact Sheet: Expanding the COVID-19 Vaccination Workforce. This means that the federal Act will authorize individuals to continue these actions in New York, notwithstanding state laws that may conflict. Individuals should refer to the Declaration, Amendments, and Guidance documents issued by US HHS for specific information.
Specifically, the United States CDC has recently provided clarification that the federal preemption provisions of the PREP Act authorize "qualified persons" (licensed professionals and others authorized under the Act) to continue to order and administer covered COVID countermeasures (testing, vaccination, treatment, issuance of non-patient specific standing orders, and other response measures) under the Act, despite the ending of state-level emergency authorizations. These provisions include permitting an expanded list of professionals to administer vaccine or to administer COVD-19 testing. In addition, please be advised that 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. Advisory Notice: Governor Kathy Hochul has issued Executive Order 4 Declaring a Statewide Disaster Emergency Due to Healthcare Staffing Shortages in the State of New York.
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