Governor Lee Releases New Executive Orders No. 59, 60 and 61

On August 28, 2020, Governor Bill Lee issued Executive Orders 59, 60, and 61.

EO 60 extends through September 30 provisions that allow for electronic government meetings; meaning, governing bodies, including boards, commissions, etc. may conduct their essential business by electronic means.

EO 61 permits through September 30 remote notarization and remote witnessing under certain conditions.

EO 59, the most robust of the three orders, extends Tennessee’s State of Emergency related to the COVID-19 crisis until September 30, 2020. This order facilitates ongoing regulatory flexibility to respond to COVID-19 and extends many health-care related provisions from previous Executive Orders until September 30, 2020. EO 59 does the following:

Social Distancing
• Employers shall not require or allow employees with COVID-19 to work.
• Persons are urged to wear face coverings in public place.
• Elderly-citizen and care-related facilities remain closed to visitors in most cases.

To-go and Delivery Alcohol Extended
• To encourage take-out and delivery dining, bars and restaurants can exclusively offer drive-thru, take-out, or delivery options. These establishments may sell alcohol by take-out or delivery (with the purchase of food) in closed containers to those who are age 21 and up.

Out-Of-State Health Care Providers
• Out-of-state health care providers may continue to practice in Tennessee if assisting in the medical response to COVID-19, including treating routine or other medical conditions. (Section 2)

Retired Medical Professionals
• Retired medical professionals who have been out of practice may continue to practice without the usual requirements. (Section 7.3)

Suspension of Continuing Education Requirements
• In-person and live continuing education requirements are suspended for health care professionals. (Section 7.4)

Laboratories
• Laboratory inspections are suspended to allow for immediate COVID-19 testing. (Section 7.5)
• Inspections of health care facilities are suspended. (Section 7.9)
• Inspections of medical laboratories are suspended. (Section 7.10)
• Degree holders in science fields may work as laboratory personnel under supervision. (Section 9)

Medical Laboratories
• Medical laboratory directors may monitor facilities remotely. (Section 9.1)
• Medical laboratory personnel may work remotely. (Section 9.3)
• Testing for COVID-19 may occur at more medical laboratories. (Section 11)

Dentistry
• Live human examinations are suspended for dentistry applicants. (Section 7.13)
Nursing Graduates
• Nursing graduates may practice under supervision without examination. (Section 7.16)

Pharmacists
• Pharmacists may process prescriptions remotely. (Section 8)
• Each pharmacist may supervise additional pharmacy technicians. (Section 8.1)

Telehealth Services
• The continued expansion of telemedicine access. (Section 38)
• Telehealth services may continue to be provided by any provider licensed under Title 63, regardless of the provider’s authority to diagnose. (Section 38.1)
• Licensed alcohol and drug abuse counselors may practice telemedicine. (Section 38.2)
• Pre-license, post-degree mental or behavioral health professionals may provide mental telehealth services under supervision. (Section 9.2)

Quarantine and Isolation Facilities
• Temporary quarantine and isolation facilities may be constructed. (Section 12)

Hospital Beds
• The number of hospital beds may be increased for COVID-19 patients without a certificate of need. (Section 10)
Mental Health and Substance Abuse Facilities
• Inspection of mental health and substance abuse facilities and services are suspended. (Section 33)

TennCare
• TennCare policies are adjusted to prevent coverage disruptions. (Section 34)
• TennCare may designate and reimburse certain nursing facilities, or units within certain nursing facilities, as “COVID-19 Skilled Nursing Facilities/Units”. (Section 34.1)
• TennCare may implement additional acuity-based payments for Medicaid members in nursing facilities designated as “COVID-19 Skilled Nursing Facilities/Units”. (Section 34.2)

Unless expressly stated in this Executive Order No. 59, all other provisions of Executive Order No. 36 are presumed to have expired. We will continue to monitor this issue for updates.

The full text of Executive Order 59 can be found at: https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee59.pdf