Asserting its Legislative Authority, the State Senate Today Voted in Concurrence With the House to Codify Select Executive Orders

The CT Senate today approved, along party lines and in concurrence with the state House of Representatives, a measure codifying and extending certain Covid-19 Executive Orders (EOs) in whole or in part.

Senate President Marty Looney, D-New Haven, said the Special Act approved by the General Assembly asserts the Legislature’s authority to review, oversee, and participate in the ongoing public health emergency, while enabling municipalities and state agencies to continue exercising narrow authority granted to them under the select EOs.

Following is a summary of the EOs, or portions thereof, that were extended in HB 5047 — AN ACT CONCERNING THE EXTENSION OF CERTAIN EXECUTIVE ORDERS AND DEPARTMENT OF PUBLIC HEALTH AUTHORITY:

Extended until March 15th, along with all authority given to governmental entities to exercise emergency authority related to the provisions:

1. Proof of vaccination booster or testing for nursing home visitors and primary and secondary support persons (EO14F).

Extended until April 15th, along with all authority given to governmental entities to exercise emergency authority related to the provisions:

1. Authorization of state agencies to provide non-congregant housing for persons at risk. (EO7P.1).
2. Setting of out-of-network rates for COVID-19 immunizations (EO9Q.3).
3. Modifications of eviction procedures following the cessation of the eviction moratorium (EO12D.4). 
4. Maintains governors current order on wearing of masks except those required in schools as outlined below (EO13A.1).
5. Maintains effectiveness of PA 21-185 requiring testing of nursing home staff (EO13A.2).
6. Authorization of disclosure of certain immunization information by DPH (EO13C).
7. Continuation of a temporary nurse aide program (EO13E).
8. Requirement of COVID-19 vaccinations for state hospital employees only, not other state employees or covered workers (EO14C).
9. Modification of state contracting statutes to facilitate emergency procurement of essential goods and services (EO14A.4).
10. COVID-19 vaccination booster requirement for employees of long-term care facilities (EO14B).
11. Flexibility to provide adequate healthcare resources and facilities (EO14D.1).
12. Practice before licensure for certain healthcare profession applicants and graduates (EO14D.2).
13. Extension of temporary permits for certain healthcare providers (EO14D.3).
14. Participation in resident physician assistant program prior to permit issuance (EO14D.4).
15. Temporary suspension of physician assistant supervision restrictions (EO14D.5).
16. Temporary suspension of in-person supervision requirement for advanced practice registered nurses (EO14D.6).
17. All authority given to governmental entities to exercise emergency authority related to the above provisions.

Extended until June 30th, along with all authority given to governmental entities to exercise emergency authority related to the provisions:

1. Sections authorizing masks or cloth face coverings to be required in schools (EO9 and EO13.1).  While the bill extends the Governor’s authority to issue a statewide school mask mandate until June 30th in the event of an emergency, he has pledged to end the mask requirement on February 28th provided the infection metrics support it. 

Finally, the Special Act also allows the Commissioner of Public Health to exercise emergency authority regarding the administration of vaccinations and suspension of licensure requirements until April 15th, and extends the date by which certain state hospital employees (13G, as amended by 14C) and long-term care employees (14B) must obtain boosters from February 11th to March 7th.

With this procedural debate behind them, the Legislature will now turn its attention to business of the regular 2022 session.  Stay tuned for updates.