September 28, 2020

Volume X, Number 272

September 28, 2020

Subscribe to Latest Legal News and Analysis

California's COVID-19 Emergency May Permit Healthcare Services by Out-Of-State Practitioners

California Governor Gavin Newsom declared a state of emergency for California on March 4, 2020, in response to the spread of Coronavirus Disease (COVID-19). The declaration makes additional resources available, formalizes emergency actions and assists the state in the event of a broader spread of COVID-19.

One of the additional resources now available is the ability for the director of the Emergency Medical Services Authority to permit healthcare practitioners licensed in another state to provide healthcare services in California during the state of emergency, effectively providing a form of “reciprocity" between California and other states. The director would have the discretion to designate the type of licensure and specialty of healthcare practitioners required, and the areas to which they may be deployed. The licensure reciprocity may be extended to all healthcare practitioners, including physicians, nurse practitioners and physician assistants.

While the director has not yet taken steps to implement this aspect of the emergency declaration, hospitals and other healthcare providers should remain informed about updates from the director and whether they may be able to engage out-of-state healthcare practitioners to provide services in their California facilities.

Additionally, during times of national or state disasters, physicians and surgeons whose retired licenses with the Medical Board of California have been expired for less than five years may re-apply for active licensure by:

  • Submitting an application with the Medical Board

  • Providing documentation that the applicant has completed certain required continuing education for each renewal period during which the applicant was not licensed

  • Completing a set of fingerprints with the fee required for processing those fingerprints.

Currently inactive physicians and surgeons thus may have an opportunity, as the COVID-19 situation develops, to activate their licenses to provide services during California's state of emergency.

If licensure reciprocity is initiated, hospitals and other healthcare facilities located in certain areas will have the opportunity to engage out-of-state healthcare practitioners in certain specialties to provide services in their facilities in California. These professionals could supplement staff where needed, to respond to sharp increases in patient volume or existing staff's inability to care for patients because of workforce illness and exposure. Healthcare facilities located outside of California should monitor their own state activities around licensure reciprocity and other healthcare rules and regulations in response to the spread of COVID-19.

© 2020 McDermott Will & EmeryNational Law Review, Volume X, Number 66


About this Author

Li Wang, McDermott Law Firm, Los Angeles, Healh Care Law Attorney

Li Wang focuses her practice on health care regulatory and compliance matters, including Stark Law and Anti-Kickback Law; eligibility for Medicaid supplemental payments; federal, state, and local taxation of nonprofit health care entities; value-based reimbursements and audit methodology of Medicaid reimbursements. She also works on transactional matters, including mergers and acquisitions and private equity transactions in the health care industry. She also has experience counseling clients on tax compliance and reporting for real estate investment...

Sandra DiVarco Healthcare Attorney Health Systems Lawyer McDermott Will Emery Law Firm

Sandra DiVarco is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Chicago office. Sandy focuses her practice on the representation of hospitals and health systems. She has counseled health care facility and system clients regarding all aspects of health law transactions and health system restructurings. As a registered nurse, Sandy regularly advises clients on the legal aspects of clinical issues and policy/procedure matters. Sandy also has significant experience in assisting clients with regulatory, licensure and accreditation issues, including state-level and CMS survey responses, formulation of successful Plans of Correction, Joint Commission complaint responses and EMTALA/regulatory investigations. Sandy is a member of the Firm’s Catholic Organizations Practice Group, and has experience working with Catholic organizations within health care and other business areas. She is also co-leader of the Firm’s General Institutional Provider affinity group. 

In addition to maintaining an active transactional practice, Sandy has a deep knowledge of regulatory, licensing and accreditation issues of particular concern to health care providers in today’s heightened enforcement climate. Sandy regularly advises clients on the legal aspects of clinical regulatory issues and policy/procedure and operational matters. A significant component of her practice involves assisting health care provider clients across the United States with regulatory, licensure and accreditation issues, including state-level and Centers for Medicare and Medicaid Services (CMS) survey responses, formulation of successful plans of correction, Joint Commission complaint responses and Emergency Medical Treatment and Active Labor Act (EMTALA)/regulatory investigations. Drawing on her experience as a registered nurse, and holding a current license in the state of Illinois, Sandy brings a pragmatic perspective and first-hand knowledge of health care operations to these complex and mission-critical matters.