Colorado Emergency Rules Scheduled to Expire September 4, 2021August 25, 2021 Please be aware that emergency rules for multiple healthcare professions relating to the expansion of scope of practice during the pandemic have been extended. The Colorado COVID-19 Disaster Recovery Order is now scheduled to expire September 4, 2021, unless further extended by the Governor.
NOTE: While it is likely that the existing Executive Order will remain in place for at least the next few months, it is important that you remain apprised of the existing deadlines to ensure compliance with the Executive Order and other relevant law.
If the Governor extends the Executive Order we will notify you using this same method of communication.
The Division of Professions and Occupations (DPO) wants to keep you informed 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, though we do expect it will be extended for at least the next few months. 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 have 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.
The information above is the latest currently available, and is subject to change based on any extensions or changes to the Disaster Recovery Executive Order. Please make sure to check additional communications from DPO prior to the Sept. 4, 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 was 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, though we expect the Order will be extended for at least the next few months.
Please address any questions to [email protected]. Thank you for your attention to these important changes.
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