Emergency Waivers:

Hurricane Ian:

Florida: 

September 23, 2022 – Governor Ron DeSantis declared a state of emergency for 24 counties. Florida’s Surgeon General, Joseph A Ladapo, MD, PhD, has issued the following waivers under Executive Order 22-218: 

• Waiver of State Licensure Requirements: Any health care professional listed below that holds a valid, unrestricted, unencumbered license in any state may provide services authorized under their existing license. Limited to the following licenses: Physicians, Osteopathic Physicians, Physician Assistants, Advanced Practice Registered Nurses, Registered Nurses, Licensed Practical Nurses, Certified Nursing Assistants, Paramedics, Emergency Technicians. 

• Waiver of Telehealth Registration Requirement: Any health care professional listed below permitting may provide telehealth services without registering in Florida: Physicians, Osteopathic Physicians, Physician Assistants, Advanced Practice Registered Nurses

Governor Ron DeSantis Declares State of Emergency for 24 Counties, Urges Floridians to Prepare for Impacts from Tropical Depression 9: https://www.floridadisaster.org/news-media/news/20220923-governor-ron-desantis-declares-state-of-emergency-for-24-counties-urges-floridians-to-prepare-for-impacts-from-tropical-depression-9/ 

Georgia: 

September 29, 2022 – Governor Brian Kemp declared a state of emergency for the state of Georgia, which will remain valid for 29 days, expiring October 28th, 2022, unless renewed by the governor. No statements concerning the Department of Health or licensed medical professionals were included in the emergency order. 

Declaring a State of Emergency for Hurricane Ian: https://gov.georgia.gov/executive-action/executive-orders/2022 

North Carolina: 

September 28, 2022 – Governor Roy Cooper declared a state of emergency for the state of North Carolina, which will remain in effect for 30 days unless earlier terminated or extended by the governor. No orders or waivers specific to the department of health or licensed medical professionals are included in the order beyond previously established procedures outlined in the North Carolina Emergency Operations Plan (NCEOP). 

Executive Order No. 270 – SOE Hurricane Ian: https://governor.nc.gov/news/executive-orders 

North Carolina Emergency Operations Plan (NCEOP): https://www.ncdps.gov/emergency-operations-plan 

South Carolina: 

September 28, 2022 – Governor Henry McMaster declared a state of emergency for the State of South Carolina. This will remain in effect for 15 days unless terminated or extended by the Governor. 

To ensure adequate health care services during the emergency, the Department of Health and Human Services waived or modified the following requirements of participation in CMS programs (retroactively effective as of September 25th 2022): 

• Certain conditions of participation for individual health care providers or types of healthcare providers.
• Requirements that physicians or other health care professionals hold licenses in the state in which they provide services, if they have an equivalent license from another state (and are not affirmatively barred from practice in that State or any State a part of which is included in the emergency area).
• Sanctions under §1867 of the Emergency Medical Treatment and Labor Act for the direction or relocation of an individual to another location to receive medical screening.
• Sanctions under section 1877(g) (relating to limitations on physician referral).
• Limitations on payments under section 1851(i) of the Act for health care items and services furnished to individuals enrolled in a Medicare Advantage plan by health care professionals or facilities not included in the plan’s network.”

The Secretary also waived sanctions arising from noncompliance with requirements under HIPAA privacy provisions.

Waiver or Modification of Requirements Under Section 1135 of the Social Security Act: https://aspr.hhs.gov/legal/1135-Waivers/Pages/SC-Hurricane-Ian-Sept2022.aspx 

Virginia: 

September 28, 2022 – Governor Glenn Youngkin declared a state of emergency for the state of Virginia, which will remain in effect until October 27th, 2022, unless amended or rescinded by additional executive order. The Commonwealth of Virginia Emergency Operations Plan is implemented which outlines the procedures for the Department of Health and licensed health professionals under a state of emergency. 

• Waiver of State Licensure Requirements: A license issued to a health care practitioner by another state, and in good standing with such state, shall be deemed to be an active license issued by the Commonwealth to provide health care or professional services as a health care practitioner of the same type for which such license is issued in another state, provided such health care practitioner is engaged by a hospital, licensed nursing facility, or dialysis facility in the Commonwealth for the purpose of assisting that facility with public health and medical disaster response operations. 

Executive Order 22 Declaration of a State of Emergency Due to Hurricane Ian: https://www.governor.virginia.gov/executive-actions/ 

Commonwealth of Virginia Emergency Operations Plan: https://www.vaemergency.gov/wp-content/uploads/2021/07/2021-COVEOP-Final-APPROVED-102021-1.pdf 

COVID-19 Waiver:

October 6, 2022 – On June 10th, 2022 the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH) issued temporary emergency regulations. These regulations provide flexibility in the minimum staffing requirements of these facilities. On October 6, 2022, these temporary regulations were extended until December 7, 2022.  

Behavioral Healthcare Organizations Emergency Regulations 212-RICR-10-10-01: https://rules.sos.ri.gov/regulations/part/212-10-10-01