Governor's Response to COVID-19 Pandemic
The Legislature has been in recess since March 20 due to the COVID-19 State of Emergency, leaving Governor Newsom with near-total control of the State. Over the past six weeks, the Governor has issued approximately 30 executive orders in response to the pandemic. In addition to the statewide shelter in place order, Newsom’s executive orders are giving health care providers certain flexibilities, providing financial assistance to Californians and businesses, allowing the state to procure personal protective equipment and other medical supplies, and expanding telehealth services – just to name a few.
CANP has urged Governor Newsom to use his executive authority to allow nurse practitioners to practice without MD supervision, and on March 30, Newsom issued an Executive Order allowing the Department of Consumer Affairs to waive licensing and scope of practice requirements for DCA licensees. Pursuant to that authority, DCA issued waivers on April 14 eliminating the 1:4 physician supervision ratio for nurse practitioners, physician’s assistants and certified nurse midwives with respect to the furnishing or ordering of drugs or devices. The waiver is effective for 60 days, unless further extended.
Newsom has cited the need to temporarily waive scope of practice requirements to address the impending COVID-19 surge and CANP continues to advocate for additional waivers of existing physician supervision requirements for NPs in order to meet the demand for care.
Although the Legislature initially set April 13 as their tentative return date, that date was pushed out and the Assembly now plans to return on May 4. The Senate plans to return a week later on May 11, but both dates are subject to change based on guidance from public health officials. There is currently some friction between the Governor and the Legislature, which is not able to do much while not in session. Lawmakers are beginning to question some of Newsom’s actions, including the purchase of hundreds of millions of masks without releasing much detail. This frustration, coupled with the June 15 constitutional deadline to pass a state budget, prompted legislative leaders to call for interim hearings over the past several weeks to discuss COVID-19 response. Although legislators praised Governor Newsom for his actions, they are asking for more transparency and clearly want to oversee his spending.
When the Legislature returns, the Capitol will look much different than it did before COVID-19. Policy committees will likely only hold one hearing each to consider bills that are still moving forward this year, and public participation in the hearing process will probably be done by video conference in separate rooms of the Capitol, or via conference calling. It is rumored that legislators will designate “essential staff,” to be present at the Capitol, while most other staffers will continue to work at home. Access to the Capitol will be limited. In addition, the legislative process will be accelerated and the initial proposed 2020-21 state budget will essentially be stripped and a “workload” budget will be pursued instead. This bare-bones spending plan will ensure the state can continue to function, but it is unlikely to include new funding proposals outside of COVID-19.
The same will be true for many policy bills in the Legislature. Senate pro Tem Toni Atkins recently sent a memo to Senators urging them to reduce their bill packages and to focus only on COVID-19 related issues. She asked policy committee chairs to “pause the evaluation of existing bills” that would normally be heard when the Legislature returns and to compile of list issues that will need immediate legislative or regulatory response as a result of COVID-19. Atkins stated that she is only pursuing two of the bills she introduced this year. Although Atkins has made this request, Senators may have varying opinions regarding which of their bills are “essential." The same is true in the Assembly, where many policy committee chairs are refusing to hear bills that are not COVID-19 related or otherwise critical. We won’t have a clear picture of this year’s legislative workload until lawmakers return.
CANP continues to advocate in support of AB 890, by Assembly Member Wood, and is working with its coalition partners to communicate their support to members of the Legislature as well. Assembly Member Wood remains committed to the bill and is in conversations as well. As details become clearer about how the Legislature will proceed when they return, and when AB 890 will be heard in the Senate Business and Professions Committee, CANP will continue to share those details with members.