Third Amended Executive Order 2020-7
On March 21, 2020, the fifty-third case of a novel coronavirus
("COVID-19"), was confirmed in the State of Oklahoma. As noted in a previous
Executive Order, the United States Centers for Disease Control and Prevention
has identified the potential public health threat posed by COVID-19 as "high"
both globally and in the United States. In addition, on March 14, 2020, the
President of the United States declared a national health emergency in the
United States as a result of the national spread of COVID-19.
As COVID-19's impact continues to evolve, it is important to
take measures to protect all Oklahomans against this threat. Therefore, I
believe, after consultation with numerous health experts within my
administration, it is now necessary to provide for the rendering of mutual
assistance among the State and political subdivisions of the State and to
cooperate with the Federal government with respect to carrying out emergency
functions during the continuance of the State emergency pursuant to the
provisions of the Oklahoma Emergency Management Act of 2003.
Therefore, I, J. Kevin Stitt, Governor of the State of Oklahoma,
pursuant to the power vested in me by Section 2 of Article VI of the Oklahoma
Constitution, hereby declare and order the following:
1. There is hereby declared an emergency
caused by the impending threat of COVID-19 to the people of this State and the
public's peace, health, and safety. The counties included in this declaration
are:
All 77 Oklahoma Counties
2. The State Emergency Operations Plan has
been activated, and resources of all State departments and agencies available
to meet this emergency are hereby committed to the reasonable extent necessary
to prepare for and respond to COVID-19 and to protect the health and safety of
the public. These efforts shall be coordinated by the Director of the
Department of Emergency Management with comparable functions of the federal
government and political subdivisions of the State.
3. State agencies, in responding to this
emergency, may make necessary emergency acquisitions to fulfill the purposes of
this declaration. If using a P-Card to make such acquisitions, agencies may
purchase the necessary acquisitions without regard to the current P-Card policy
limitation of $5,000.00 purchase limit. Agencies may make the necessary
emergency acquisitions without the requirement to follow bidding
requirement/limitations on such emergency acquisitions, without the need to
purchase from State Use Vendors, or to purchase from mandatory State Wide
contracts. Such necessary emergency purchases shall be capped at $250,000.00
per transaction. All such purchases must be readily identifiable as such, as
following the conclusions of this threat, all such necessary emergency
acquisitions will be audited to determine if they were made for emergency
purposes.
4. State agencies, in
responding to this emergency, may employ additional staff without regard to the
classification requirements of such employment.
5. State agencies shall continue to follow
guidance for interaction with the public provided by the Oklahoma Department of
Health.
In addition, I direct all state agencies as follows:
1. Transmit a clear delegation of authority
for state agency directors and designate an Emergency Management Liaison by
5:00 p.m. on March 16, 2020;
2.
Establish and, if necessary, implement a remote work policy that balances the
safety and welfare of state employees with the critical services they provide;
3. Encourage Oklahomans
interacting with agency services to utilize online options whenever possible;
4. Ensure continued compliance
with Executive Order 2019-13, which limits non-essential out-of-state travel.
5. Promulgate any emergency rules
necessary to respond to the emergency and to comply with the directives
contained herein.
6. Any medical
professional who holds a license, certificate, or other permit issued by any
state that is a party to the Emergency Management Compact evidencing the
meeting of qualifications for the practice of certain medical services, as more
particularly described below, shall be deemed licensed to practice in Oklahoma
so long as this Order shall be in effect, subject to the following conditions:
a. This shall only apply to Medical (MD) and
Allied Licenses issued by the Board of Medical Licensure and Supervision,
Licenses issued by State Board of Osteopathic Examiners, and Licenses and
Certificates issued by the Board of Nursing, all three shall collectively be
referred to as "Boards";
b. Any
medical professional intending to practice in Oklahoma pursuant to this Order,
hereinafter referred to as "Applicant," shall first apply with and receive
approval from appropriate Board;
c.
It is the responsibility of each Board to verify the license status of any
applicant and, upon verification of good standing, shall issue a temporary
license to practice within this State; and
d. Any applicant licensed under this Order
shall be subject to the oversight and jurisdiction of the licensing Board,
which includes the ability of the Board to revoke said license and to initiate
any administrative or civil proceeding related to any alleged misconduct of the
applicant.
7. All
occupational licenses issued by any agency, board, or commission of the State
of Oklahoma that expire during this emergency shall be extended so long as this
Order is in effect. All occupational licenses extended during this Order will
expire fourteen (14) days following the withdrawal or termination of this
Order.
8. Hospitals and Physician
Clinics (collectively referred to as "hospitals") operating in the State shall
cooperate with and respond to all requests for critical data from the Oklahoma
State Department of Health ("OSDH"), as applicable to the services they
provide. This shall include, but will not be limited to, the daily submission,
no later than noon, of critical data in a manner and format prescribed by OSDH.
Critical Data shall include, but not be limited to:
a. The number of available (i) ICU beds, (ii)
medical surgery beds, (iii) operating room beds, (iv) pediatric beds, (v) PICU
beds, (vi) ventilators, (vii) negative flow rooms, (viii) and overall occupancy
status;
b. COVID-19 Test
Availability, as measured by the number of COVID-19 testing kits available for
use at the hospital;
c. The number
of (i) positive patients and persons under investigation in the hospital
receiving treatment and (ii) positive patients and persons under investigation
sent home for self-quarantine; and
d. Days of essential Personal Protective
Equipment stock on hand, as measured by the hospital's defined daily adjusted
burn rate of PPE.
9. The
OSDH shall provide daily an aggregated summary of the information requested in
the preceding paragraph to the Office of the Governor by 3:00 p.m.
10. The OSDH and all private labs performing
COVID-19 testing shall provide daily updates, by 3:00 p.m., to the Office of
the Governor on (i) the daily number of COVID-19 tests they are capable
performing that day and (ii) number of COVID-19 testing kits they have on hand
for distribution to hospitals.
11.
The preexisting patient relationship requirement for telemedicine, as required
by 59 O.S. § 478.1, is hereby waived so long as this Order is in effect.
Nothing in this Order shall waive 59 O.S. § 478.1(B) regarding HIPAA or
(C) for the purpose of prescribing opiates and other controlled dangerous
substances referenced therein.
12.
The requirement that an individual be unemployed for a waiting period of one
(1) week before benefits are paid, as required by 40 O.S. § 2-206, is
hereby waived so long as this Order remains in effect.
13. Advanced practice registered nurses,
registered nurses, licensed practical nurses and advanced unlicensed assistants
who have lapsed or inactive licenses or certifications may have their
single-state license or certification reinstated if they submit a reinstatement
application and fee prescribed by the Board and meet the qualifications for
licensure or certification established by the Board, provided such license
shall only be valid as long as this Order is in effect. The continuing
qualifications as required for licensure or certification by OAC
485:10-7-4(h);
485: 10-7-5(g);
485:10-9-4(h);
485:10-9-5(g);
485:10-10-8.1(d)
are hereby waived as long as this Order remains in effect. It is strongly
recommended any required fees be waived to the fullest extent possible.
14. The requirements for Oklahoma
Tax Commission compliance for any advanced practice registered nurse,
registered nurse, licensed practical nurse and advanced unlicensed assistant
application for renewal or reinstatement of a lapsed or inactive license or
certification who is identified as being Oklahoma Tax Commission non-compliant,
as set forth in 68 OS § 238.1(E), is hereby waived as long as this Order
remains in effect.
15. Oklahoma
State regulations requiring Clinical Laboratory Improvement Amendment (CLIA)
certification for testing laboratories are hereby suspended until further
notice for the universities named below and for the narrow purposes described
herein. During this suspension, laboratories operated by or through the
University of Oklahoma and Oklahoma State University are authorized to conduct
testing and testing-related activities in response to the COVID-19 pandemic.
Further, the Oklahoma Commissioner of Health, acting through and on behalf of
OSDH, is hereby authorized to contract with the Board of Regents for the
Oklahoma Agricultural and Mechanical Colleges, the Board of Regents for the
University of Oklahoma, and/or their constituent agencies to perform laboratory
tests and test-related activities, without regard to CLIA certification
requirements, as necessary to detect and report COVID-19 infection in
compliance with applicable law. The Commissioner of Health is authorized to
negotiate and execute any and all agreements and terms necessary to execute and
implement this provision.
16. No
prescription for chloroquine or hydroxychloroquine may be dispensed unless all
of the following apply:
a. The prescription
bears a written diagnosis from the prescriber consistent with the evidence for
its use.
b. The prescription is
limited to no more than a fourteen (14) day supply, unless the patient was
previously established on the medication prior to the effective date of this
Order.
c. No refills may be
permitted unless a new prescription is furnished.
If a scenario is not addressed in these medication limitations a
pharmacy can use the waiver form provided by the Board of Pharmacy to request
further consideration.
Further, I hereby order the temporary suspension of the
following as they apply to vehicles in the support efforts:
1. The cost and fees of oversize/overweight
permits required of carriers whose sole purpose is transportation of materials,
equipment, and supplies used for recovery/relief efforts which require an
overweight permit under Title 47 of Oklahoma statutes;
2. By execution of this Order, motor carriers
and drivers providing direct assistance in support of relief efforts related to
the COVID-19 outbreaks are granted emergency relief from Parts
390 through
399
of Title 49 Code of Federal Regulations, except as restricted herein. Direct
assistance means transportation and other relief services provided by a motor
carrier or its driver(s) incident to the immediate restoration of essential
services, such as medical care, or essential supplies such as food, related to
COVID-19 outbreaks during the emergency.
a.
This Emergency Declaration provides regulatory relief for commercial motor
vehicle operations that are providing direct assistance in support of emergency
relief efforts related to the COVID-19 outbreaks, including transportation to
meet immediate needs for:
(1) medical
supplies and equipment related to the testing, diagnosis and treatment of
COVID-19;
(2) supplies and equipment
necessary for community safety, sanitation, and prevention of community
transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and
disinfectants;
(3) food for
emergency restocking of stores;
(4)
equipment, supplies and persons necessary to establish and manage temporary
housing, quarantine, and isolation facilities related to COVID-19;
(5) persons designated by Federal, State or
local authorities for medical, isolation, or quarantine purposes;
(6) persons necessary to provide other
medical or emergency services, the supply of which may be affected by the
COVID-19 response;
(7) fuels and
petroleum products (to include fuel oil, diesel oil, gasoline, kerosene,
propane, and liquid petroleum); and
(8) livestock, poultry, feed for livestock
and poultry, and crops and other agricultural products ready to be
harvested.
b. Direct
assistance does not include routine commercial deliveries, or transportation of
mixed loads that include essential supplies, equipment and persons, along with
supplies, equipment and persons that are not being transported in support of
emergency relief efforts related to the COVID-19 outbreaks.
c. Direct assistance terminates when a driver
or commercial motor vehicle is used in interstate commerce to transport cargo
or provide services that are not in support of emergency relief efforts related
to the COVID-19 outbreaks or when the motor carrier dispatches a driver or
commercial motor vehicle to another location to begin operations in commerce.
49 CFR
390.23(b). Upon termination
of direct assistance to emergency relief efforts related to the COVID-19
outbreaks, the motor carrier and driver are subject to the requirements of 49
CFR Parts
390 through
399, except that a driver may return empty to the motor
carrier's terminal or the driver's normal work reporting location without
complying with Parts 390 through 399. However, if the driver informs the motor
carrier that he or she needs immediate rest, the driver must be permitted at
least 10 consecutive hours off duty before the driver is required to return to
the motor carrier's terminal or the driver's normal reporting location. Once
the driver has returned to the terminal or other location, the driver must be
relieved of all duty and responsibilities and must receive a minimum of 10
hours off duty if transporting property, and 8 hours if transporting
passengers.
3. The
requirements for licensing/operating authority as required by the Oklahoma
Corporation Commission; and
4. The
requirements for licensing/registration authority as required by the Oklahoma
Tax Commission.
Nothing contained in this Order shall be construed as an
exemption from the Controlled Substance and Alcohol Use and testing
requirements. (49 C.F.R. part 382), the Commercial Driver License requirements
(49 C.F.R. part 383), the Financial Responsibilities requirements (49 C.F.R.
part 387), or any other portion of the regulations not specifically identified
herein. Motor carriers that have an Out-of-Service Order in effect cannot take
advantage of the relief from regulation that this declaration provided.
This Order shall be effective until the end of
thirty (30) days after the filing of this Order.
Copies of this Executive Order shall be distributed to the
Director of Emergency Management, the Oklahoma State Health Commissioner, the
Commissioner of the Department of Public Safety and the Director of the Office
of Management and Enterprise Services who shall cause the provisions of this
Order to be implemented by all appropriate agencies of State government.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal
of the State of Oklahoma to be affixed at Oklahoma City, this 21
st day of March, 2020.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Michael Rogers
Secretary of State
