New York State Modifies and Suspends Laws Related to Medical Oversight and Liability During COVID-19 Pandemic

Governor Andrew Cuomo issued an executive order on March 23, 2020 that modified certain sections of the state’s education laws to eliminate any obstacle to the provision of supplies and medical treatment, in order to ensure that the New York healthcare system has adequate capacity to provide care to all who need it

Some modifications and suspensions include

  • To allow any emergency medical treatment protocol development or modification to occur solely with the approval of the Commissioner of Health
  • To permit a physician assistant to provide medical services appropriate to their education, training and experience without oversight from a supervising physician, without civil or criminal penalty related to a lack of oversight by a supervising physician
  • To permit a specialist assistant to provide medical services appropriate to their education, training and experience without oversight from a supervising physician, without civil or criminal penalty related to a lack of oversight by a supervising physician
  • To permit a nurse practitioner to provide medical services appropriate to their education, training and experience, without a written practice agreement, or collaborative relationship with a physician, without civil or criminal penalty related to a lack of written practice agreement or collaborative relationship with a physician
  • To provide that all physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered professional nurses and licensed practical nurses shall be immune from civil liability for any injury or death alleged to have been sustained directly as a result of an act or omission by such medical professional in the course of providing medical services in support of the State’s response to the COVID-19 outbreak, unless it is established that such injury or death was caused by the gross negligence of such medical professional

Learn More – Primary Sources

Executive Order No. 202.10: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency