DECLARATION OF EMERGENCY DIRECTIVE 046
WHEREAS, on March 12, 2020, I, Steve Sisolak, Governor of the State of Nevada, issued a Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic; and
WHEREAS, on March 13, 2020, Donald J. Trump, President of the United States, declared a nationwide emergency pursuant to Sec. 501(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"); and
WHEREAS, the World Health Organization advises that the novel coronavirus that causes COVID-19 virus is highly contagious, and spreads through respiratory transmission, and direct and indirect contact with infected persons and surfaces; and
WHEREAS, the World Health Organization advises that transmission occurs through both droplet and airborne transmission, where droplet transmission occurs when a person is in close proximity to someone who is infected with COVID-19; and
WHEREAS, the World Health Organization advises that contact transmission occurs by direct contact with infected people or indirect contact with surfaces contaminated by the novel coronavirus; and
WHEREAS, on March 14, 2020, I formed a COVID-19 Medical Advisory Team to provide medical guidance and scientifically based recommendations on measures Nevada could implement to better contain and mitigate the spread of COVID-19; and
WHEREAS, on April 1, 2020, I signed Directive 011, which invoked the licensing waiver provisions of NRS 414.110 for providers of medical services, temporarily waived certain licensing requirements, and suspended the collection of fees by licensing boards; and
WHEREAS, many licensing boards depend on fees paid by in-state licensees to support their operational and regulatory budgets; and
WHEREAS, in late December 2020, Nevada began distributing COVID-19 vaccines; and
WHEREAS, the amount of vaccine doses available has substantially increased as of June 2021; and
WHEREAS, a large number of vaccinators are still critical to the successful distribution of the vaccine to Nevadans; and
WHEREAS, COVID-19 remains a statewide public health crisis and requires that certain mitigation measures and emergency management functions will continue to be managed at the state level to protect the overall health and safety of all Nevadans; and
WHEREAS, NRS 414.060 outlines powers and duties delegated to the Governor during the existence of a state of emergency, including without limitation, directing and controlling the conduct of the general public and the movement and cessation of movement of pedestrians and vehicular traffic during, before and after exercises or an emergency or disaster, public meetings or gatherings; and
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of Nevada and the United States, and pursuant to the March 12, 2020 Emergency Declaration,
IT IS HEREBY ORDERED THAT:
The provisions of previous Directives are hereby superseded only by the explicit provisions of this Directive. Any provisions not addressed by this Directive shall remain in force as provided by previous Directives or regulations promulgated pursuant to the March 12, 2020 Declaration of Emergency.
Sections 2, 11, and 12 of Directive 011 are hereby terminated and are replaced with the provisions of this Directive.
Except as otherwise provided in this Directive, the waiver and exemption of professional licensing requirements in Directive 011 shall continue to apply to qualified providers of medical services duting this declared emergency who currently hold a valid license in good standing in another state, providers of medical services whose licenses currently stand suspended fot licensing fee delinquencies, providets of medical services whose licenses currently stand suspended for failure to meet continuing medical education requirements, and providers of medical services who have retired from their practice in Nevada or any other state with their license in good standing. These waivers and exemptions shall not apply to persons whose licenses have been revoked or voluntarily surrendered as a result of disciplinary proceedings.
All licensing fees assessed on providers of medical services by the State of Nevada or professional licensing boards shall be waived for all persons who are not licensed in Nevada or who have retired from their practice in Nevada or any other state with their license in good standing and who apply to practice in the State of Nevada pursuant to this Directive and Directive 011, for the duration that these Directives remain in effect.
Providers of medical services currently licensed in the State of Nevada may, at their election, delay submission of outstanding licensing fees for 30 days after the effective date of this Directive. No person who has paid the fee prior to the effective date of this Directive or Directive 011 shall be entitled to a refund thereof by virtue of this order. No license for a provider of medical services shall be suspended for nonpayment of licensing fees during the 30 days following the effective date of this Directive.
No license for a provider of medical services shall be suspended for any administrative reasons, including without limitation, continuing education requirements, during the 30 days following the effective date of this Directive. This restriction shall not be construed to prohibit the suspension or revocation of licenses for reasons that jeopardize patient health, including without limitation, incompetency or malpractice.
Beginning on the 31st day after the effective date of this Directive, the State of Nevada or professional licensing boards ·may resume normal administrative procedures for Nevada licensees, including the collection of fees and requiring continuing education.
Reasonable notice as required by applicable law or regulation must be given before suspending a license for administrative reasons, including but not limited to failure to pay licensing fees or complete continuing education requirements. If any such notice was given prior to the effective date of Directive 011 or this Directive, that notice is void and a new notice must be issued.
The provisions of this Directive become effective immediately and remain in effect until amended or terminated by a subsequent Directive promulgated pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic, or upon dissolution or termination of the Declaration of Emergency.