05-03 – COVID-19,046 Emergency Declaration Directive
WHILE, on March 12, 2020, I, Steve Sisolak, Governor of the State of Nevada, issued an emergency declaration to facilitate the state’s response to the COVID-19 pandemic; and
WHILE, on March 13, 2020, Donald J. Trump, President of the United States, declared a national emergency in accordance with Sec. 501 (6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121-5207 (the “Stafford Act”); and
WHILE, the World Health Organization indicates that the novel coronavirus that causes the COVID-19 virus is highly contagious and spreads by respiratory transmission and by direct and indirect contact with infected people and surfaces; and
WHILE, the World Health Organization says transmission occurs by both droplet and airborne transmission, where droplet transmission occurs when a person is in close proximity to a person infected with COVID-19; and
WHILE, the World Health Organization indicates that contact transmission occurs through direct contact with infected people or through indirect contact with surfaces contaminated with the novel coronavirus; and
WHILE, on March 14, 2020, I formed a COVID-19 medical advisory team to provide medical advice and scientific recommendations on measures Nevada could implement to better contain and mitigate the spread of COVID-19; and
WHILE, on April 1, 2020, I signed directive 011, which invoked the licensing waiver provisions of NRS 414.110 for medical service providers, temporarily waived certain licensing requirements, and suspended fee collection by boards licensing; and
WHILE, many licensing boards depend on fees paid by licensees in the state to support their operational and regulatory budgets; and
WHILE, in late December 2020, Nevada began distributing COVID-19 vaccines; and
WHILE, the quantity of vaccine doses available increased considerably from June 2021; and
WHILE, a large number of vaccinators are still essential to the successful distribution of the vaccine to Nevadans; and
WHILE, COVID-19 remains a statewide public health crisis and requires certain mitigation measures and emergency management functions to continue to be managed at the state level to protect overall health and safety of all Nevadans; and
WHILE, NRS 414.060 describes the 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 arrest of the movement of pedestrian and vehicular traffic during, before and after drills or an emergency or disaster, public meetings or gatherings; and
SO NOW, by the authority vested in me as Governor by the Constitution and the laws of the State of Nevada and the United States, and in accordance with the Declaration of Emergency of March 12, 2020,
IT IS ORDERED THAT:
The provisions of the previous directives are replaced only by the express provisions of this directive. All provisions not covered by this directive will remain in force in accordance with previous directives or regulations promulgated in accordance with the declaration of emergency of 12 March 2020.
Sections 2, 11 and 12 of Directive 011 are repealed and replaced by the provisions of this Directive.
Unless otherwise provided in this Directive, the derogation and exemption from the professional licensing requirements of Directive 011 will continue to apply to qualified medical service providers during this declared emergency who currently hold a valid license in good standing in an emergency. other state, medical service providers whose licenses are currently suspended for failure to pay license fees, medical service providers whose licenses are currently 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 valid license. These waivers and exemptions do not apply to persons whose licenses have been revoked or voluntarily surrendered as a result of disciplinary proceedings.
All licensing fees assessed on medical service providers by the State of Nevada or professional licensing boards must be waived for all individuals who are not licensed in Nevada or who have retired from their practice in Nevada or any other state with their current license and applying to practice in the State of Nevada in accordance with this guideline and guideline 011, for the time that those guidelines remain in effect.
Currently licensed medical service providers in the State of Nevada may, at their option, delay the submission of overdue license fees for 30 days after the effective date of this directive. No person who has paid the charge before the effective date of this directive or of directive 011 is entitled to a refund under this ordinance. No license for a medical service provider shall be suspended for non-payment of the license fee for 30 days after the date of entry into force of this directive.
No license for a medical service provider shall be suspended for administrative reasons, including, without limitation, continuing education requirements, for 30 days after the effective date of this directive. This restriction should not be interpreted as prohibiting the suspension or revocation of licenses for reasons endangering the health of the patient, including, without limitation, incompetence or professional misconduct.
As of the 31st day after the date of entry into force of this directive, the State of Nevada or professional licensing boards may resume normal administrative procedures for licensees in Nevada, including collection fees and 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, non-payment of license fees or failure to comply with continuing education requirements. If such notice was given before the date of entry into force of directive 011 or this directive, such notice is null and a new notice must be issued.
The provisions of this directive shall come into force immediately and remain in force until amended or terminated by a subsequent directive promulgated in accordance with the declaration of emergency of 12 March 2020 to facilitate the State’s response to the COVID-19 pandemic, or upon the dissolution or termination of the Declaration of Emergency.