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Governor Extends Workforce Emergency to May 22nd

Governor Hochul has extended the health care workforce emergency until May 22, 2023. LeadingAge NY has heard that the State may allow the workforce emergency to expire on May 22nd. While the end of the workforce emergency is still undecided, long term care providers should begin to consider the impact on their organizations of the termination of the licensure and scope of practice flexibilities authorized during the emergency.

The health care workforce emergency has been in effect since September 2021. Executive orders (EOs) issued under the emergency have waived a variety of scope of practice restrictions and licensure requirements. Some of those waivers have since been allowed to lapse, but many remain in place. Of particular interest for long term care providers, the EOs have allowed:

  • nurses, nurse practitioners, respiratory therapists, physician assistants, and certain other professionals licensed in other states to practice in NY;
  • non-patient-specific orders for authorized individuals to collect COVID-19 specimens, administer vaccinations for flu or COVID-19, and perform other tasks under the supervision of a nurse that are otherwise within the scope of practice of a nurse;
  • nurses to order collection of COVID-19 specimens;
  • non-nursing staff to collect COVID-19 specimens, administer vaccinations against flu or COVID-19, and perform other tasks under the supervision of a nurse that are otherwise limited to the scope of practice of a nurse;
  • recent nursing school graduates to be employed to practice nursing under the supervision of a registered professional nurse and with the endorsement of the employing hospital or nursing home for 180 days immediately following graduation.

Providers that are currently relying on these flexibilities to ensure appropriate staffing of their services should begin to plan for their termination. LeadingAge NY will continue to advocate for the continuation of workforce flexibilities and for ample notice of the end of the workforce emergency so that providers have time to prepare.

Contact: Karen Lipson, klipson@leadingageny.org