DORA Reminder On Emergency Order Expiration

 

To:  Healthcare Providers This information is being sent to you so that you are aware of potential upcoming changes to the Governor’s Executive Orders. Please be aware that emergency rules for multiple healthcare professions relating to the expansion of scope of practice during the pandemic are set to expire on August 6, 2021 under the Colorado COVID-19 Disaster Recovery Order, unless extended by the Governor. If the Governor extends the Executive Order we will notify you, as necessary, using this same method of communication. The suspension of certain nurse and nurse aide education requirements pursuant to the Governor’s Executive Orders also are currently scheduled to conclude as part of the wind-down. An extension of the Disaster Recovery Order and provisions related to the medical surge is possible and the Division of Professions and Occupations (DPO) wants to alert you to these pending changes to ensure all professionals are properly licensed and operating under the rules, laws, and policies set forth by your applicable healthcare board(s) by that time. Medical surge Inpatient facilities and hospitals have been able to temporarily use readily available personnel to fill healthcare service gaps during the COVID-19  state of emergency declaration and now the Disaster Recovery Executive Order. The temporary relaxation of these restrictions - in conjunction with the expansion of delegation for certain medical personnel - has afforded these entities the flexibility to connect readily available healthcare staff into non-traditional roles and alleviate workforce shortages. Facilities should be prepared for any business/staffing implications that may arise as a result of the wind-down of the Disaster Recovery Executive Order. For example, in the event that you hired staff based upon their temporary ability to work within these exemptions, you will want to ensure they meet all licensing requirements for their respective profession in order to continue uninterrupted employment.  Or, if staff has performed services outside of their normal scope based on guidance included within the Executive Order, you will want to make sure those services cease once the relevant provisions in the Executive Order are terminated. Affected professions include Chiropractic, Dental, Medical, Nursing, Occupational Therapy, Optometry, Physical Therapy, Podiatry, Respiratory Therapy, Surgical Assistants/Technologists, and Veterinary. For Nurses: Professional and practical nursing applicants granted temporary licensure under the Governor’s Executive Orders must cease practice as a practical nurse, professional nurse, or advanced practice nurse if a full license to practice professional nursing in Colorado was not granted on or before June 30, 2021.  New graduates of approved nursing programs for these license types who met all qualifications for licensure with the exception of successful completion of the required examination will no longer be issued a temporary license and must now successfully pass the examination prior to licensure as set forth in Section 12-255-109, Colorado Revised Statutes. CNA graduates currently working on a temporary license based on provisions in previous Executive Orders will want to ensure completion and passage of the required test for full licensure before the Dec. 31, 2021 expiration date.  Skills examinations may be scheduled through Pearson Vue. It is important for employers to ensure their temporarily licensed staff schedule their exam as soon as possible to avoid any staffing gaps once the temporary licenses expire on Dec. 31, 2021. Those CNA graduates whose temporary license was issued between Dec. 7, 2020 and April 5, 2021, and expired on June 30, 2021, may apply for a second temporary certification. These individuals must submit documentation of passage of the written exam and attest that they will register for the required skills exam within 60 days of availability in their regional area (within 250 miles). Those CNA graduates granted a temporary license who have failed the skills exam are not eligible for a second temporary certification. This information above is the latest currently available, and is subject to change based on any extensions/changes to the Disaster Recovery Executive Order. Please make sure to check communications from DPO prior to the August 6, 2021 Executive Order expiration date, alerting the public to any such revisions. For Nurse/Nurse Aide Education Programs The suspension of certain nurse and nurse aide education requirements pursuant to the Disaster Recovery Order were extended on July 8 for a period of 120 days or the expiration of the Disaster Recovery Order, whichever occurs first. This means that nurse and nurse aide education programs should be making arrangements to fully return to meeting the educational requirements set forth in Rules 1.11 and 1.2 pending the expiration of the Disaster Recovery Order and/or the relevant provisions in the Executive Order. Thank you for your attention to these important changes. Please address any questions to dora_dpo_licensing@state.co.us.