COVID-19 Frequently Asked Questions

Advisory Notice: Governor Kathy Hochul has issued Executive Order 4 Declaring a Statewide Disaster Emergency Due to Healthcare Staffing Shortages in the State of New York.

In addition, please be advised that The Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccine or to administer COVD-19 testing. Specifically, the United States CDC has recently provided clarification that the federal preemption provisions of the PREP Act authorize "qualified persons" (licensed professionals and others authorized under the Act) to continue to order and administer covered COVID countermeasures (testing, vaccination, treatment, issuance of non-patient specific standing orders, and other response measures) under the Act, despite the ending of state-level emergency authorizations. This means that the federal Act will authorize individuals to continue these actions in New York, notwithstanding state laws that may conflict. Individuals should refer to the Declaration, Amendments, and Guidance documents issued by US HHS for specific information. For more information on those categories of qualified persons covered to administer COVID-19 vaccines under the PREP Act Declaration and its amendments: PREP Act Fact Sheet: Expanding the COVID-19 Vaccination Workforce. Additional information about the PREP Act can be found on our website.  

Please be advised that the COVID-19 Disaster Emergency declared by former Governor Andrew Cuomo, pursuant to Executive Order 202 issued on March 7, 2020, and each successor Executive Order to Executive Order 202 have expired as of June 25, 2021. While the several exceptions and authorizations relevant to the Title VIII statutes and regulations contained within Executive Order 202 and each successor Executive Order to Executive Order 202 have now expired, Title VIII professionals should return to compliance with all Title VIII statutory and regulatory requirements without delay unless specifically suspended or waived pursuant to Executive Order 4.

The Department is working closely with other New York State agencies and the Governor’s Office relative to issues related to COVID 19. Please continue to monitor the Department’s website for updated guidance.

The dates of update will be noted below.

General | Administering COVID-19 and Influenza Vaccines | Recordkeeping | Continuing Education | Licensing & Registration | Professional Education | Corporations |Corporate Practice Waivers | Social Work & Mental Health Professions | Medicine | Pharmacy | Dentistry | Psychology & Applied Behavior Analysis Professions | Clinical Laboratory Technology | Massage Therapy | Occupational Therapy | Speech-Language Pathology & Audiology | Public Accountancy | Medical Physics | Midwifery | Podiatry | Veterinary Medicine

General - Updated July 16, 2021

  1. Where can I find guidance on COVID-19 related exposure and prevention best practices for health care professionals?

For COVID-19 information relating to health care providers, please check the New York Department of Health “Information for Providers” website and the Centers for Disease Control website.

Administering COVID-19 and Influenza Vaccines - Updated July 16, 2021

  1. Who may administer COVID19 and Influenza vaccinations?

Answer:  Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccine or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

  1. Are licensed professionals who have been authorized to vaccinate pursuant to the seventh amendment of the PREP Act required to complete federal training and possess a current certificate in basic cardiopulmonary resuscitation?

Answer: Pursuant to this Seventh Amendment, liability protection under the federal PREP Act is available to certain professionals if they meet certain conditions, including completion of federal training and possessing a current certificate in basic cardiopulmonary resuscitation. Please be advised that, according to guidance provided by the United States Department of Health and Human Services (HHS), the additional requirements described in the Seventh Amendment do not apply to those professionals that have also been authorized to vaccinate by a state, including those professionals authorized to vaccinate in New York State by statute or regulation. Those professionals authorized to vaccinate in New York State by statute or regulation will not be required to obtain additional training beyond that required by the State in order to receive liability protection under the federal PREP Act. In addition, several temporary exceptions and authorizations relevant to Title VIII professionals that have also been authorized to vaccinate in New York State have now expired and therefore these professionals will be required to obtain the additional training required under the federal PREP Act.

More information about the PREP Act and the federal requirements can be found at PHE.gov and additional information about eligibility can be found at PHE.gov/COVIDvaccinators. Licensed professionals should consult with their own counsel to determine how the federal PREP Act requirements impact applicable professions in New York State. All questions regarding this federal law should be directed to the United States Department of Health and Human Services.

Recordkeeping - Updated October 6, 2021

  1. Must health care providers adhere to all legal requirements regarding record keeping?

Answer: No. Currently, pursuant to Executive Order 4 Health care providers may be relieved of recordkeeping requirements, including but not limited to assigning diagnostic codes or creating or maintaining other records for billing purposes, without civil or criminal penalty imposed by the Department of Health or State Education Department.

Continuing Education (CE) Requirements - Updated April 7, 2022

  1. Are CE requirements being waived? 

Answer: Not at this time. The New York State Education Department (NYSED) is working closely with other New York State agencies and the Governor’s Office to tackle issues relating to COVID-19. Please continue to monitor the Department’s website for updated guidance. 

  1. Can a licensee complete 100% of the required continuing education through self-study activities offered by approved providers for their profession?

Answer: Some regulations restrict licensees to a certain percentage of self-study  for continuing education requirements. In response to the evolving situation with the Novel Coronavirus (COVID-19), and for those licensees whose registrations are due to renew March 1, 2020 – January 1, 2023, the Department will grant an adjustment to all licensees to complete up to 100% of the continuing education as self-study, provided that it is taken from a Department-approved provider and is in an acceptable subject area for the specific profession.

Additionally, the Department will grant an adjustment to all licensees, regardless of registration renewal date, to utilize self-study for any coursework taken during the period from March 1, 2020 – January 1, 2023, provided that it is taken from a Department-approved provider and is in an acceptable subject area for the specific profession. Coursework taken outside that timeframe must meet the continuing education requirements in each individual profession’s laws and regulations.

NYSED is working closely with other New York State agencies and the Governor’s Office to tackle issues relating to COVID-19. Please continue to monitor the Department’s website for updated guidance.

Professional Licensing and/or Registration Fees - Updated October 6, 2021

  1. Are Professional Licensing and/or Registration fees being waived? 

Answer: Currently, pursuant to Executive Order 4, to the extent necessary to assist with the healthcare staffing shortage, retired physiciansregistered professional nurseslicensed practical nurses, and nurse practitioners licensed to practice and in current good standing in New York State, but not currently registered in New York State, may re-register through use of this expedited online registration form which waives any registration fee for the triennial registration period. At this time, the re-registration fee remains in effect for all other SED professions, and this online registration form can be used to re-register for those professions not mentioned above regarding the waived fees.

  1. If I am a NYS licensee returning to practice to assist in the healthcare staffing shortage, do I need to re-register to practice?

Answer: Currently, pursuant to Executive Order 4, NYS licensed physicians, physician assistants, specialist assistants, registered professional nurses, licensed practical nursesnurse practitioners, clinical nurse specialists, respiratory therapists, respiratory therapist technicians, pharmacists, dentists, dental hygienists, registered dental assistants, midwives, perfusionists, clinical laboratory technologists, cytotechnologists, certified clinical laboratory technicians, certified histological technicians, licensed clinical social workers, licensed master social workers, podiatrists, physical therapists, physical therapist assistants, mental health counselors, marriage and family therapists, creative arts therapists, psychoanalysts and psychologists  who have an unencumbered license and are currently in good standing in New York State may practice without being registered. All other NYS licensed professionals are required to be currenting registered in order to practice.

  1. If I hold an out-of-state license, and I am not licensed in NYS, can I practice in the State of New York to assist in the healthcare staffing shortage?

Answer: Currently, pursuant to Executive Order 4physicians, physician assistants, specialist assistants, registered professional nurses, licensed practical nurses, nurse practitioners, clinical nurse specialists, licensed clinical social workers, licensed master social workers, midwives, respiratory therapists and respiratory therapy technicians who are licensed and in current good standing in any state in the United States do not need to hold a NYS license or registration to practice in the State of New York. All other licensed professionals are required to be licensed in the State of New York in order to practice.

  1. If I am licensed/certified in Canada, can I practice in the State of New York to assist in the healthcare staffing shortage?

Answer: Currently, pursuant to Executive Order 4physicians, physician assistants, specialist assistants, registered professional nurses, licensed practical nurses, nurse practitioners, clinical nurse specialists, licensed clinical social workers, licensed master social workers, and midwives, or any substantially similar titles who are licensed and in current good standing in any province or territory of Canada do not need to hold a NYS license or registration to practice in the State of New York. All other licensed professionals are required to be licensed in the State of New York in order to practice.

  1. Are income and earning limitations under the Retirement and Social Security Laws applicable during the Public Health Emergency related to healthcare staffing shortages?

Answer: No, the Executive Order waives Section 212 of the Retirement and Social Security Law, for the purpose of disregarding any income earned during the period of the emergency from the earnings limitation calculated under such section.

  1. Can my educational documents and/or transcripts be submitted electronically?

Answer: The Office of the Professions will accept official electronic transcripts and/or Form 2 Applications from educational institutions (i.e. colleges/universities) or designated third-party transcript entities located in the United States or Canada. Instructions and information on the criteria required for these submissions are available on our website.

  1. I hold a New York State license, but the registration is currently inactive. How do I reactivate my registration?

Answer: An individual who is licensed in New York State can submit an online delayed registration form to reactivate a registration.

Professional Education Program Review - Updated July 16, 2021

  1. I am a student enrolled in a licensure-qualifying program. I have a question regarding meeting the clinical hour requirements.

Answer: Please first contact your program director regarding this. If there are any challenges, please ask your director to contact us at opprogs@nysed.gov

Corporations - Update July 16, 2021

  1. How are triennial registration renewal requirements for Certificates of Authorization for professional practice entities providing professional engineering, land surveying or professional geology services being handled during the COVID-19 disaster emergency?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. All triennial renewal of certificates of authorizations for domestic or foreign professional service corporations, design professional service corporations, professional service limited liability companies, foreign professional service limited liability companies, registered professional limited liability partnerships, New York registered professional foreign limited liability partnerships, partnerships and joint enterprises specified in Education Law §7209 (4) authorized to provide professional engineering, land surveying or professional geology services are required to be submitted in accordance with applicable laws.

  1. Are professional service corporations required to submit triennial statements to the Department during the COVID-19 disaster emergency?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. All triennial statements for domestic professional service corporations pursuant to Business Corporation Law § 1514 are required to be submitted in accordance with applicable laws.

  1. Are foreign professional service corporations required to submit annual statements to the Department during the COVID-19 disaster emergency?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. All annual statements for foreign professional service corporations pursuant to Business Corporation Law § 1531 are required to be submitted in accordance with applicable laws.

Corporate Practice Waivers - Updated July 16, 2021

  1. Can a Special Education School or Early Intervention Provider agency with a waiver from the Education Department under Education Law 6503-b provide services with an expired registration?   

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired, including Executive Order 202.18. Therefore, an entity holding a 6503-b waiver to provide certain professional services whose waiver expired on or after March 31, 2020, must submit the required fee and application for the renewal of such waivers in accordance with applicable laws.

  1. Can a not-for-profit, religious or education corporation with a waiver from the Education Department under Education Law 6503-a provide services with an expired registration?   

Answer: No. None of the Executive Orders issued by former Governor Andrew Cuomo related to COVID-19 Disaster Emergency, extended 6503-a waiver renewal requirements. Therefore, the entity must renew the waiver registration by the due date to continue to provide services. The Department is receiving, and processing renewal applications and questions should be sent to SWMHPEntity@nysed.gov. Please note that Part Y of Chapter 57 of the Laws of 2018 exempts from the waiver requirement a program or service operated, regulated, funded, or approved by the Department of Mental Hygiene (OMH, OPWDD & OASAS), Office of Children and Family Services, Office of Temporary and Disability Assistance, Department of Corrections and Community Supervision, State Office for the Aging, Department of Health, local governmental unit or social services districts, as defined in Article 41 of the Mental Hygiene Law and section 61 of the Social Services Law, respectively.

Social Work and Mental Health Professions - Updated July 16, 2021

  1. Can a licensee practice the profession by using distance technology?

Answer:  Yes. There are practice alerts and guidelines that address this type of intervention by an individual licensed and registered in New York. As a licensed professional, you are responsible for confidentiality and record-keeping, to the same extent as when providing direct, in-person services.

If you are not licensed in New York, you may not practice a restricted profession by either technology or in-person. If you are licensed in New York and wish to practice in another jurisdiction, you must contact that jurisdiction regarding their laws and policies.

  1. Can a permit holder, intern or other person only authorized to practice under supervision (supervisees) provide client services by distance technology rather than in-person? Is remote supervision allowed?

Answer:  Yes. The supervisor remains responsible for the assessment, evaluation and treatment of each client seen by the supervisee.  Supervised client contact hours completed through distance technology may be submitted on Form 4B, as part of the supervised experience requirement for licensure and do not have to be designated as such.

The Board of Regents approved an emergency regulation that allows supervision by telephone or video technology to continue beyond the State of Emergency. The supervisor remains responsible for the assessment, evaluation, diagnosis and treatment of each client seen under supervision.

All treatment and supervision provided through distance technology must be completed through secure means, whether on the telephone or through the use of video conferencing. Texting and email are not acceptable forms of supervision at any time, other than to notify the supervisor of an urgent situation that requires intervention.

  1. Can a Department-approved provider of continuing education convert an in-person course or program to a distance or self-study format without prior approval or review?

Answer: Yes. The Department-approved provider may convert all or part of a course or program to live online or self-study format. The provider is responsible for ensuring attendance and participation by the learners, whether through tests or other measures.

  1. If an employment site is closed for an extended period of time, will a limited permit holder be granted extra time to complete the supervised experience?

Answer: Chapter 182 of the Laws of 2020 allows the Department to issue a permit for one additional 12-month period, upon submission of an application and fee, if COVID caused an interruption or reduction in services. Information about permit requirements may be found on the profession specific page.

  1. If a student placed in an internship by a license-qualifying program is not able to complete the required hours, how will this be handled?

Answer: The Department will review applications from license-qualifying programs that seek to reduce the duration of the supervised internship to no less than 85% of the 900 hours required in the calendar year 2020 MSW program. This is consistent with the standards from the Council on Social Work Education (CSWE) in other jurisdictions. The MSW program remains responsible for ensuring that students are under the in-person or distance supervision of a LMSW or LCSW, consistent with the services rendered by the student intern. Schools may propose alternative activities in the event the current COVID-19 crisis makes traditional interventions and activities impossible. In order to continue this flexibility beyond the expiration of the state of emergency for the profession of Social Work, the Board of Regents approved an emergency regulation at the July 2021 meeting that amends section 52.30 of the Commissioner’s regulations to permit the Department to modify, to the extent authorized by law, the field experience, practicums or other such experience requirements relative to registered programs for licensed master social work and licensed clinical social work recognized as leading to licensure in licensed master social work and licensed clinical social work for individuals impacted by the COVID-19 crisis.

Medicine - Updated October 6, 2021

  1. Can a physician who will graduate in 2021 practice in New York State without licensure or limited permit to assist with the NYS healthcare staffing shortage response efforts?

Answer: Pursuant to Executive Order 4 any physician who will graduate in 2021 or 2022 can practice under the supervision of a licensed physician at any institution if they have:

  • graduated from an academic medical program accredited by a medical education accrediting agency for medical education by the Liaison Committee on Medical Education or the American Osteopathic Association; and
  • been accepted by an Accreditation Council for Graduate Medical Education accredited residency program within or outside of New York State.
  1. Can a Medical Graduate who graduated from registered or accredited medical programs located in New York State in 2021 practice medicine in New York State?

Answer: Yes, if certain requirements are met. Pursuant to Executive Order 4, individuals, who graduated from registered or accredited medical programs located in New York State in 2021, to practice medicine in New York State, without the need to obtain a license and without civil or criminal penalty related to lack of licensure, provided that the practice of medicine by such graduates must in all cases be supervised by a physician licensed and registered to practice medicine in the State of New York.

  1. Can a physician , physician assistant or specialist assistant who is credentialed in a facility practice at another hospital in NYS?

Answer: Yes, pursuant to Executive Order 4 physicians, physician assistants and specialist assistants, to the extent necessary to allow staff with the necessary professional competency and who are privileged and credentialed to work in a facility in compliance with the Public Health Law and applicable regulations, or who are privileged and credentialed to work in a facility in another state in compliance with the applicable laws and regulations of that other state, to practice in a facility in New York State.

  1. Can a physician issue a non-patient specific order for COVID testing and/or immunizations?

Answer: Yes, pursuant to Executive Order 4 physicians and certified nurse practitioners may issue a non-patient specific regimen to nurses or any such other persons authorized by law or by executive order to (1) collect throat or nasopharyngeal swab specimens from individuals suspected of suffering from a COVID-19 infection, for purposes of testing, or to perform such other tasks as may be necessary to provide care for individuals diagnosed or suspected of suffering from a COVID-19 infection; (2) collect blood specimens for the diagnosis of acute or past COVID-19 disease; (3) administer vaccinations against influenza or COVID-19 pursuant to the most recent recommendations by the Advisory Committee for Immunization Practices (ACIP) and/or an applicable United States Food and Drug Administration approval or Emergency Use Authorization (EUA), subject to any other conditions set forth in Executive  Order, including but not limited to conditions related to training and supervision, where applicable; and (4) where applicable and to the extent necessary, to perform tasks, under the supervision of a nurse, otherwise limited to the scope of practice of a licensed or registered nurse to provide care for individuals.

In addition, the Executive Order allows non-nursing staff, as permitted by law and upon completion of training deemed adequate by the Commissioner of Health, to: (1) collect throat, nasal, or nasopharyngeal swab specimens, as applicable and appropriate,  from individuals suspected of being infected by COVID-19 or influenza, for purposes of testing; (2) collect blood specimens for the diagnosis of acute or past COVID-19 disease; (3) administer vaccinations against influenza or COVID-19 pursuant to the most recent recommendations by the Advisory Committee for Immunization Practices (ACIP) and/or an applicable United States Food and Drug Administration approval or Emergency Use Authorization (EUA), subject to any other conditions set forth in Executive Order, including but not limited to conditions related to training and supervision, where applicable; and (4) where applicable and to the extent necessary, to perform tasks, under the supervision of a nurse, otherwise limited to the scope of practice of a licensed or registered nurse to provide care for individuals.

  1. Can a physician provide care for a nursing home resident by means of telehealth?

Answer: Yes. Executive Order 4 allows physician visits for nursing home residents to be performed via telemedicine.

  1. Are there any exceptions to the laws requiring supervision of physician assistants and specialist assistants?

Answer: Yes. Executive Order 4 allows for physician assistants and specialist assistants 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.

  1. Can a foreign medical graduate with just one-year of accredited post-graduate training practice in a NYS hospital?

Answer: Yes. Executive Order 4 allows graduates of foreign medical schools having at least one year of graduate medical education to provide patient care in hospitals, and allows such graduates without licenses to provide patient care in hospitals if they have completed at least one year of graduate medical education.

  1. Is there an opportunity to extend a limited permit in medicine beyond the usual one extension (four years total)?

Answer: Yes. Due to the State of Emergency declared by the Governor pursuant to Executive Order 4, the Department, in its discretion, may renew such limited permit for an additional 24 months provided a previous extension pursuant to a prior State of Emergency for the COVID 19 crisis has not already been granted.

Pharmacy - Updated July 12, 2022

  1. Can pharmacists order and administer COVID-19 tests?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccines or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

  1. Can a pharmacist without immunization privilege administer the Influenza or COVID-19 immunization?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccines or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

  1. Can registered pharmacy technicians administer COVID-19 vaccines?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccines or to administer COVD-19 testing. The Eighth Amendment to the PREP Act clarifies and expands the authority for certain Qualified Persons authorized to prescribe, dispense, and administer covered countermeasures under section VI of this Declaration including “qualified pharmacy technicians,” which must be licensed and/or registered in accordance with New York State requirements. Information about the PREP Act can be found on our website.

  1. Can students enrolled in a pharmacy school administer COVID-19 vaccinations?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccines or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

  1. Are New York State licensed pharmacists who administer the COVID-19 vaccine required to have a standing order in place?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccines or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

  1. Can New York State licensed pharmacists, pharmacy interns and registered pharmacy technicians order and administer COVID-19 therapeutics?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continues to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. In addition, the Ninth Amendment to the PREP act clarifies and expands the scope of authority for licensed pharmacists to order and administer COVID-19 therapeutics to populations authorized by the FDA. The Ninth Amendment also authorizes pharmacy technicians (who must be licensed and/or registered in accordance with New York State requirements) and pharmacy interns to administer COVID-19 therapeutics when certain criteria are met. Additional Information about the PREP Act can be found on our website.

  1. Are New York State registered pharmacists permitted to prescribe Paxlovid?
Answer: Yes, pursuant to the U.S. Food and Drug Administration's (FDA) revised Emergency Use Authorization (EUA) issued on July 6, 2022, state licensed pharmacists may prescribe Paxlovid to eligible patients with certain limitations as outlined in the EUA. For more information, please reference the FDA's Letter of Authorization (LOA) regarding the EUA directly: EUA 105 Pfizer Paxlovid LOA 07062022.

Dentistry - Updated July 16, 2021

  1. Will the Department permit alternative means to be used by dentists and dental hygienists to obtain and/or maintain the required cardiopulmonary resuscitation (CPR) certification, in lieu of the in-person CPR course requirement, during the COVID-19 health crisis?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. Early in the declared emergency, the Board of Regents implemented an emergency regulation allowing alternative means to be used by dentists and dental hygienists to obtain and/or maintain the required CPR certification, in lieu of the in-person course requirement.  This provision has now expired and is no longer applicable. Dentists and Dental Hygientists must now conform to the requirements set forth in Section 61.19 (b) of the Commissioner’s Regulations. Therefore, all CPR taken after 6/25/21 must be in person.

  1. I took my CPR certification course through providers approved by the Department, which are the American Heart Association, the American Red Cross, the National Safety Council and the American Safety and Health Institute.  In order to administer the vaccine at Points-of-Dispensing (POD) sites, the requirement is basic cardiopulmonary resuscitation by an online program that has received accreditation from the American Nurses Credentialing Center, the Accreditation Council for Pharmacy Education (ACPE), or the Accreditation Council for Continuing Medical Education. Will the CPR I have already taken satisfy this requirement?

    Answer: We have received verification from the American Heart Association, the American Red Cross, and the American Safety and Health Institute that their CPR courses are accredited by the American Nurses Credentialing Center, the Accreditation Council for Pharmacy Education (ACPE), and the Accreditation Council for Continuing Medical Education. Therefore, as long as your certificate is valid, these courses would satisfy the requirement.

  2. Can dentists administer vaccinations against influenza and COVID-19?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccines or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

  1. Can all dental hygienists administer vaccinations against influenza and COVID-19?

Answer: No. Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. The PREP Act does not include Dental Hygienists. Therefore, the ability for dental hygienists to administer the influenza and COVID-19 vaccinations expired with the Executive Orders on June 25, 2021.

  1. Can a dental student administer vaccinations against influenza and COVID-19?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccine or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

Psychology and Applied Behavior Analysis (ABA) Professions - Updated July 16, 2021

  1. Can a licensee practice the profession by using distance technology?

Answer:  Yes. There are practice alerts and guidelines that address this type of intervention by an individual licensed and registered in New York.

Unless otherwise authorized by law, psychologists licensed in other states who wish to engage in telepractice with patients/clients currently residing in New York State may do so utilizing a one-time-only ninety-day temporary exemption to practice psychology without a New York license pursuant to Education Law §7605 (8).  See the Questions and Answers About Licensure and Limited Permits for more information. 

Unless otherwise authorized by law, ABA practitioners licensed or certified in other states may not practice within the ABA scope of practice by technology or in person without a New York license.

  1. Can a permit holder, intern or other person only authorized to practice under supervision provide client services by distance technology rather than in-person?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired and all permit holders, interns or other persons only authorized to practice under supervision must comply with all applicable laws. The supervisor remains responsible for the assessment, evaluation and treatment of each client seen by the supervisee and must ensure that all aspects of a supervisee’s practice receive proper oversight.  Supervised experience hours completed through distance technology may be submitted on Form 4, as part of the supervised experience requirement for licensure and do not have to be designated as such.

  1. Can face-to-face supervision of a permit holder, intern or other person only authorized to practice under supervision be provided by distance technology rather than in-person?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired and all permit holders, interns or other persons only authorized to practice under supervision must comply with all applicable laws. The supervisor remains responsible for the professional services being provided by the supervisee and must ensure that all aspects of a supervisee’s practice receive proper oversight, not just what is reported in a supervisory session. If supervision takes place across state lines, the supervisor must be licensed in both the jurisdiction where he/she is physically located and the jurisdiction where the services are provided.

Please see the practice alerts that further address supervision requirements:

  1. If an employment site is closed for an extended period of time, will a limited permit holder be granted extra time to complete the supervised experience?

Answer: Chapter 182 of the laws of 2020 allows the Department to issue a permit for one additional 12-month period, upon submission of an application and fee, if COVID causes an interruption or reduction in services. Information about permit requirements may be found on the profession specific page.

Clinical Laboratory Technology - Updated October 6, 2021

  1. Can individuals perform testing for the detection of SARS-CoV-2, or its antibodies, in specimens collected from individuals suspected of suffering from a COVID-19 infection if they meet the federal requirements for testing personnel?

Answer: Pursuant to Executive Order 4, individuals  may perform testing for the detection of SARS-CoV-2, or its antibodies, in specimens collected from individuals suspected of suffering from a COVID-19 infection, as long as the individuals performing this testing meet the federal requirements for high complexity testing infection.

  1. Can a clinical laboratory practitioner perform testing in a clinical laboratory under remote supervision?

Answer: Yes, pursuant to Executive Order 4, a clinical laboratory practitioner may perform testing in a clinical laboratory under remote supervision, provided that a supervisor is on-site at least eight hours per week.

  1. Can a recent graduate of a New York State Registered Licensure Qualifying program practice before a limited permit is issued?

Answer: Yes, pursuant to Executive Order 4, graduates of State Education Department registered, licensure qualifying clinical laboratory technology and clinical laboratory technician education programs to be employed to practice for 180 days immediately following successful completion of  a New York State Registered licensure qualifying education program, in a clinical laboratory with a valid New York State permit, provided that the graduate files an application for a New York State clinical laboratory practitioner license and limited permit.

Massage Therapy - Updated July 16, 2021

  1. During the COVID-19 related State of Emergency declared by the Governor in Executive Order 202, will massage therapy licensure applicants be permitted to take CPR courses online or virtually to satisfy the requirement that they present satisfactory evidence of having a current CPR certificate?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired and massage therapists must be in compliance with applicable laws.

  1. During the COVID-19 related State of Emergency declared by the Governor in Executive Order 202, can online or virtual CPR courses be used to satisfy the mandatory continuing education requirements in the profession of massage therapy?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired and massage therapists must be in compliance with applicable laws.

Occupational Therapy - Updated July 16, 2021

  1. Can Occupational Therapists (OTs) provide telehealth services?

Answer: Yes. For more information on telehealth, please visit our website at Telepractice Guidance.

  1. What if I cannot complete my pre-license supervised experience?

Answer: The Board of Regents approved an emergency regulation that allows the Department to excuse the requirement for occupational therapy to be provided on a continuous basis if such continuous experience cannot be completed during the COVID-19 health crisis. You can resume your supervised experience where you left off before it was interrupted by COVID-19.

Speech-Language Pathology & Audiology - Updated July 16, 2021

  1. What if I cannot complete my pre-license supervised experience?

Answer: The Board of Regents approved an emergency regulation that allows the Department to excuse the requirement for speech language pathology and audiology to be provided on a continuous basis if such continuous experience cannot be completed during the COVID-19 health crisis. You can resume your supervised experience where you left off before it was interrupted by COVID-19.

  1. Are clinical fellows allowed to use telehealth?

Answer: Yes, telehealth is permissible for the completion of supervised experience.  However, telehealth should not be used as the sole modality, while earning experience toward licensure.

  1. Can I supervise a clinical fellow remotely?

Answer: Yes, appropriate supervision can be provided through the use of distance technology. However, individuals earning their experience will still need direct, regular real-time interactions with their supervisor whether that is accomplished in person or through modern telecommunication technology.

Public Accountancy - Updated July 16, 2021

  1. Can I get an extension of my credit for the Certified Public Accountant Exam?

    Answer: As a result of the COVID-19 pandemic , the Board of Regents had approved an emergency regulation that allowed the Department to accept passing examination scores that were outside the 18-month requirement where such examinations were not completed in the required 18-month period. The New York State Board for Public Accountancy had recommended to the Department and the Department had determined that those New York (NY) jurisdiction candidates whose exam credit expired from April 1, 2020 through March 31, 2021 were granted an automatic extension until June 30, 2021 for those applicable exam sections. An examination section that expires after June 30, 2021, is not eligible for a blanket extension due to COVID-19.

    Candidates impacted by international travel restrictions due to COVID-19 may be eligible for an additional extension beyond the automatic extension noted above. Candidates impacted due to international travel restrictions may contact NASBA to request an extension for the Notice to Schedule by completing the Exam Credit Extension Policy form. Candidates seeking an extension to the 18-month condition due to international travel restrictions will be reviewed on a case by case basis by the Department. Candidates impacted by international travel restrictions need to contact the Board Office at: CPABD@nysed.gov with their full, legal name, jurisdiction and candidate ID, supporting documentation (passport, US Visa, I94, etc. as applicable), and an explanation of how they were impacted by the international travel ban.

    NY jurisdiction exam candidates who were impacted in Quarter 1 from January 2020 through March 31, 2020 due to COVID-19, were assessed on a case by case basis. Candidates impacted during the January to March 2020 time period were required to contact the Board Office by December 31, 2020.

  2. Are Mandatory Peer Review Program requirements waived or cancelled for public accounting firms?

Answer: At this time, there are no procedures or processes to waive or cancel the mandatory peer review program for public accounting firms. Firms should notify the State Board for Public Accountancy at: CPABD@nysed.gov if their firm has received an extension for its peer review or corrective action(s) from the Administering Entity.

Medical Physics - Updated October 6, 2021

  1. Is there an opportunity to extend a limited permit in medical physics beyond the usual two extensions (six years total)?
Answer: Yes. Due to the State of Emergency declared by the Governor pursuant to Executive Order 4, the Department, in its discretion, may renew such limited permit for an additional 24 months provided a previous extension pursuant to a prior State of Emergency for the COVID 19 crisis has not already been granted.

Midwifery - Updated October 6, 2021

  1. Are midwives permitted to administer the COVID-19 and influenza immunization to any patient?

Answer: Yes, pursuant to Executive Order 4, midwives may administer vaccinations against influenza and COVID-19 to any patient pursuant to a non-patient specific order at sites overseen or approved by the New York State Department of Health or local health departments, and operated under the medical supervision of licensed physicians, licensed physician assistants, or certified nurse practitioners.

  1. Can a midwife who does not have a certificate issued by the State Education Department administer immunizing agents?

Answer: Midwives without certificates issued by the State Education Department can administer immunizing agents if they meet the conditions set forth by the Commissioner of Health. 

  1. Are midwifery students permitted to administer the COVID-19 and influenza immunization to any patient?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccine or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

Podiatry - Updated July 16, 2021

  1. Are podiatrists or podiatric medical students permitted to administer the COVID-19 and influenza immunization to any patient?

Answer: Effective June 25, 2021, all Executive Orders related to COVID-19 Disaster Emergency have expired. However, the Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccine or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

  1. Where can licensed professionals obtain the required training to administer the COVID-19 and influenza vaccination?

Answer: The NYS Department of Health has made training requirements and guidance available on their website.

Veterinary Medicine - Updated July 16, 2021

  1. Can Veterinarians and Veterinarian students administer the COVID 19 Vaccines to a human patient?

    Answer: The Declarations of the Secretary of the United States Department of Health and Human Services issued pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act remain in effect and continue to provide certain authorizations and exemptions for many professions and activities related to the ongoing COVID-19 emergency response. These provisions include permitting an expanded list of professionals to administer vaccine or to administer COVD-19 testing. Information about the PREP Act can be found on our website.

Last Updated: July 12, 2022