Governor’s Executive Orders

Executive Order 2020-44: Protecting Public Health for Students and Teachers (June 29, 2020)

  • Delays the start of in-person classes for Arizona schools until August 17th but allows schools to begin the school year through distance learning prior to that date.
  • Requires ADE to conduct an analysis on the need to waive the number of required school days and submit it to the Governor and Legislature.
  • Requires schools who implemented childcare programs to continue until the start of in-person classes.

Executive Order 2020-43: Pausing Arizona’s Reopening (June 29, 2020)

  • Prohibits organized public events of more than 50 persons, unless the city/town or county (in unincorporated areas) has approved the event and safety precautions, including physically distancing measures, are implemented.
  • Directs the Department of Liquor Licenses and Control to stop issuing special event and festival/fair licenses from June 29th to July 27th.
  • Bars that hold a series 6 or 7 liquor license, whose primary business is the sale or dispensing of alcoholic beverages may continue to serve the public through pick up, delivery and drive-through operations as established under EO 2020-09 (Arizona Department of Liquor License and Control). In addition, gyms, movie theaters, water-parks, and tubing operators starting tonight, June 29th at 8:00 p.m. and continuing at least until July 27th.
    • To reopen, requires these entities to submit an attestation to ADHS that they are in compliance with ADHS recommendations on business operations.
    • Allows local jurisdictions to “take immediate action against” entities that operate without submitting the attestation.
  • Requires public pools to prohibit groups larger than 10 from congregating, requires private pools to post signs on physical distancing and limiting group sizes.
  • Allows law enforcement to take immediate action against businesses that fail to follow this executive order or any ADHS guidance related to COVID-19.

Executive Order 2020-42: Renewal of Executive Order 2020-27, The “Good Samaritan” Order (June 29, 2020)

  • Extends Executive Order 2020-27, which provides immunity from civil liability to healthcare professionals, volunteers, Arizona Emergency Medical Care Technicians, healthcare institutions providing medical services in good faith in response to the COVID-19 pandemic.

Executive Order 2020-41 School Year Prioritizing Kids and Schools During COVID-19  (June 24, 2020)

  • Allows school districts and charter schools that are not certified for online instruction to continue offering distance learning, if the parents feel it is the best choice for the student, without impacting their funding with submittal of a distance learning plan.
  • Exempts school districts and charters from existing procurement rules due to the pandemic for purchase of PPE and other COVID-19 related items.

Executive Order 2020-40 – Containing the Spread of COVID-19 Continuing Arizona Mitigation Efforts (June 17, 2020)

Arizona Department of Health Services

  • Shall implement a statewide system for case investigation and contact tracing.
  • Local health departments shall follow the protocols of the statewide system until the ADHS has determined there is adequate infrastructure and resources to support ongoing investigation and tracing locally.
  • Arizona National Guard will be mobilized to assist in contact tracing activities (300)

Cities, Counties, Towns

  • Notwithstanding EO 2020-36 local governments may based on the conditions within their jurisdiction, adopt policies regarding wearing face coverings in public to mitigate the spread of COVID-19.

Businesses

  • Shall update and enforce written policies in accordance with EO 2020-36 adopting CDC, Department of Labor, Occupational Safety and Health Administration and ADHS to contain the spread of COVID-19.
  • Enforced by law enforcement and regulatory agencies that have jurisdiction over the business.
  • Requirements for Businesses & Restaurants and Bars Providing Dine-In Services specify that the following health measures need to be taken by businesses:
    • Physically distancing of 6 feet;
    • Enforce a face mask policy and provide employees with face coverings when possible;
    • Conducting symptom checks for all employees before shifts;
    • Requiring sick employees to stay home;
    • And increasing the frequency of employee hygiene, cleaning and disinfecting.

Enforcement

  • Enforcement should focus on educating and working to promote best practices first.
  • Individuals must be notified of the provisions of EO 2020-40, the policy adopted by the local government, and be given an opportunity to comply prior to enforcement action being taken.

Issued May 28, 2020, Executive Order 2020-39 Assisting Arizona Families with Child Care

  • Allows child care facilities for school aged children to receive temporary waiver from the Arizona Department of Health Services on the child to adult ratios (R9-5-404) and child to staff ratios when transporting children (R9-5-517C).
  • Waivers may not exceed 90 days and will be posted on the ADHS child care facility webpage.

Executive Order 2020-38 Ensuring Statewide Access to Care for COVID-19 Arizona Surge Line (May 28, 2020)

  • Requires hospitals to utilize the Arizona Surge Line that provides hospitals and providers concerned with their capacity or ability to care for patients to be transferred to ensure appropriate level of care statewide.
  • Stipulates all patients transferred through this system to be considered in network (press release).

Executive Order 2020-37 Enhanced Surveillance Advisory Continuing to monitor responsiveness to COVID-19 (May 21, 2020)

  • Executive Order supersedes EO 2020-13, 2020-22(4), 2020-30(10) through the duration of this order (auto termination after 60 days unless renewed)
  • Increases the reporting requirements from hospitals to ADHS to include reporting on estimated PPE use and supplies, ICU details,  patient details, and test results.

Effective May 16, 2020, Executive Order 2020-36 Stay Health, Return Smarter, Return Stronger (considered for repeal at least every two week)

  • Expires Executive Orders 2020-18, 2020-24, 2020-33 (Existing Stay at Home Orders & Travel Restrictions)
  • Allows businesses to open while encouraging continued physical distancing
  • Businesses may start to gradually open if they are in compliance with state and federal guidelines to mitigate and prevent the spread of COVID-19.  Some of the guidelines include enhanced cleaning, monitoring for sickness, providing protective equipment, limiting congregation of groups of more than 10 people, and encouraging teleworking when possible
  • Vulnerable individuals are advised to continue limiting time away from place of residence
  • Prohibits a city, town, or county from issuing a rule that conflicts with the Executive Order including restricting a person from leaving their home due to COVID-19, or any other regulation that was not in place on March 11, 2020.  Including any function or service designated as Essential Service in Executive Order 2020-12.

Governor’s Guidance for Reopening:

Executive Order 2020-35 Reporting by Nursing Care Institutions, Residential Care Institutions, ICF-IIDs and DD Medical Group Homes To Residents and Families Regarding COVID-19

  • Effective immediately, requires:
    • Licensed (1) nursing care institutions, (2) residential care institutions, (3) ICF-IIDs, and (4) medical group homes for individuals with developmental disabilities to:
      • Report to residents, their next of kin, and their guardians the number of diagnosed cases and deaths due to COVID-19 occurring within the facility’s population within 24 hours of information confirmation.
      • Provide regular updates on activities to keep residents safe to residents, their next of kin, and their guardians.
      • Report the number of cases and deaths due to COVID-19 within the population to prospective residents, their next of kin, and their guardians upon receipt of application to a congregate setting and a request from the resident/next of kin/guardian.
      • Report the number of cases and deaths due to COVID-19 within the population to recently transferred residents, their next of kin, and their guardians upon acceptance of the transfer of a resident into their congregate setting and upon request from the transferee, but before the transfer is completed.
    • The Arizona Department of Health Services (ADHS) to provide technical assistance to these settings as they work to facilitate communication of this information to residents, next of kin, and guardians.
  • Specifies that information provided through this order shall only be used for the purposes of decision-making by residents and associated individuals and not for any other reason.
  • States that this executive order shall expire upon termination of the COVID-19 Declaration of Public Health Emergency.

Executive Order 2020-34 Building on COVID-19 Successes

  • Effective Friday, May 8, 2020:
    • Allows barbers and cosmetologists to resume operation (provided they establish and implement protocols and best practices for businesses to address COVID-19). Best practices include following protocols set out by the Centers for Disease Control and Prevention (CDC), the United States Department of Labor Division of Occupational Safety, and the Arizona Department of Health Services.
  • Effective Monday, May 11, 2020:
    • Allows dine-in services to resume provided they establish and implement protocols and best practices, including physical distancing, limiting the number of diners, and following protocols set out by the Centers for Disease Control and Prevention (CDC), the United States Department of Labor Division of Occupational Safety, and the Arizona Department of Health Services.
  • Stipulates that persons visiting businesses providing services under this order shall not be deemed to be in violation of previous executive orders.

Executive Order 2020-33 Returning Stronger

  • Amends the Stay Home, Stay Safe, Stay Connect order through May 15, 2020 with some new exceptions for retail businesses
  • Effective Monday, May 4, 2020 retailers which are not classified as essential under Executive Order: 2020-12 – Prohibiting the Closure of Essential Services that provide sale of goods may voluntarily open their businesses by appointment to ensure limited occupancy, provide curbside pickup and/or delivery.
  • Effective Friday, May 8, 2020 non-essential retail businesses may open following strict physical distancing guidelines, with following public health guidelines including the following:
    • Reduced occupancy/capacity (spacing of at least six feet)
    • Comprehensive sanitation protocols
    • Options for curbside or delivery
    • Fitting rooms remain closed

Executive Order 2020-32 Requesting Exemption of Order 2020-10 Elective Surgeries

  • Governor Ducey issued an Executive Order allowing elective surgeries to resume May 1st for Health Care Facilities that meet certain preparedness requirements.
  • Requires the Arizona Department of Health Services to establish a process to demonstrate they meet the minimum criteria to resume elective and non-essential surgeries on or after May 1, 2020.
  • Exempted healthcare facilities are not eligible to request or receive PPE distributed by state or county health departments.
  • Facilities must demonstrate that they have:
    • more than a 14-day supply of PPE;
    • an established process for documentation of PPE, test collection kits, and availability of a lab to perform COVID-19 diagnostic tests;
    • adequate staffing and no more than 80% of bed capacity occupied (hospitals only);
    • a COVID-19 testing plan to test all at-risk healthcare workers and each patient prior to the scheduling of elective, non-essential surgery;
    • policies and procedures for discharging patients include pre-discharge diagnostic COVID-19 testing for patients transferring to a nursing care institution, residential care setting or a Group Home for the Developmentally Disabled;
    • implemented an enhanced cleaning process for the patient and waiting areas; and
    • plans, symptom screening processes; enhanced cleaning, prioritizing elective surgeries that follow the Centers for Medicare and Medicare Services (CMS) Adult Elective Surgery and Procedures Recommendations.

Executive Order 2020-31 Expanding Food Options for Commercial Vehicle Drivers

  • Allows food trucks to operate at eight Arizona Department of Transportation (ADOT) rest areas.
    • Initial Rest Areas: Sunset Point and Christensen (I-17), Haviland, Parks and Meteor Crater (I-40) and Ehrenberg, Burnt Wells and Sacaton (I-10).
  • Food trucks will need to comply with all other local, state and federal laws and may not sell alcoholic beverages.
  • ADOT has established a permit process for food trucks to operate at the rest areas.
    • The permit is free and good for 30 days, click here.

Executive Order 2020-30 Enhanced Surveillance Advisory

  • Allows the Arizona Department of Health Services (ADHS) or local health authority upon request to disclose to a public official responsible for administering the emergency call response of first responders in their jurisdiction, the addresses of an individual who has tested positive for COVID-19 within the last 14 days.
  • Excludes the sharing of additional identifying information including name.
  • Requires information shared to be confidential and may only be used as needed for responding to emergency calls.

Executive Order 2020-29 Increased Telemedicine Access for Workers’ Compensation

  • Required workers’ compensation plans regulated by the state of Arizona to provide coverage for telemedicine services starting April 14, 2020.
  • Allows for the creation of reasonable requirements and parameters for telehealth services.

Executive Order 2020-28 On the Job Training for Assisted Living Facility Caregivers

  • Allows for on-the-job training for long-term care facility staff for caregiver trainees to meet certification program requirements.
  • To be certified the individual must
    • Complete 62 hours of on-the-job training under the supervision of a licensed healthcare professional including the following:
      • A licensed physician;
      • A licensed registered nurse practitioner, registered nurse, or a licensed practical nurse;
      • A licensed physician assistant; or
      • A certified assisted living facility manager with at least five years of experience.
    • Pass the required examination with a score of at least 75% within six months of training completion.

Executive Order 2020-27 “Good Samaritan” Order Protecting Frontline Health Care Workers Responding to COVID-19

  • Provides immunity from civil liability to healthcare professionals, volunteers, Arizona Emergency Medical Care Technicians, healthcare institutions providing medical services in good faith in response to the COVID-19 pandemic.
  • Does not protect against gross negligence, reckless misconduct or willful misconduct.

Executive Order 2020-26 Remote Online Notarization

  • Effective Friday, April 10, 2020, remote online notarization may be used for notarial acts as valid witness to the execution of documents, under the procedures in A.R.S. 41-371 through 41-380 and the rules established by the Secretary of State.
  • Requires all notarization to be saved and backed up.

Executive Order 2020-25 Flexible Food Items & Sale of Goods at Restaurants

  • Prohibits the restriction of temporary signage, except restrictions currently in place for safety purposes.
  • Allows restaurants that are licensed or permitted to serve prepared food to sell grocery items including paper goods, cleaning supplies, prepared food in bulk (meat or vegetables). The following must be followed:
    • Bulk meat and vegetables must be sold in a wholesome and unadulterated state;
    • Open ready-to-eat food must be within the date marking the product to be sold;
    • Products requiring refrigeration must remain under temperature control until ready for pick up or delivery;
    • Raw meats should be separated from other foods, especially produce and other ready-to-eat food items; and
    • Must maintain the Governor’s social distancing requirements.

Executive Order 2020-24 Requirements for Individuals Traveling to Arizona

  • Travelers from any area with substantial community spread including, but not limited to Connecticut, New Jersey, and New York through any airport in the state shall immediately isolate or self-quarantine themselves for a period of 14 days from the time of entry into Arizona or the duration of the persons presence in Arizona.
    • Violations are subject to a class 1 misdemeanor with a fine not to exceed $2,500.
  • The Executive Order does not apply to employees of the airlines, military personnel, or individuals arriving to provide direct response to COVID-19.
  • Requires the Arizona Department of Health Services (ADHS) to establish a process for notification to travelers and to coordinate with all airlines and airports.
  • Requires any government of the jurisdictions where an airport is located to assist ADHS to ensure the orders are fulfilled.

Executive Order 2020-23 Enhanced Surveillance Advisory

  • Allows the Arizona Department of Health Services (ADHS) and local health authorities to access confidential patient information, including medical records
  • Requires every 24 hours to the ADHS on the following: 1) number of inpatient COVID-19 positive or suspected patients; 2) number of ICU beds in use by COVID-19 positive or suspected patients; 3) number of positive or suspected positive patients discharged from the facility each day; 4) number of intubations performed per day for respiratory distress; and 5) estimated number of N95, surgical masks, face shields, and surgical gowns used per day.

Executive Order 2020-22 Protection of Vulnerable Residents at Nursing Care Institutions, Residential Care Instructions, ICF-IIDs and DD Medical Group Homes from COVID-19

  • Requires all licensed Nursing Care Institutions, Residential Care Institutions, Intermediate Care Facilities or Individuals with Intellectual Disabilities, and Medical Group Homes for Individuals with Developmental Disabilities to comply with all infection control guidance from the Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention.
  • Requires COVID-19 residents to be provided separate facilities with strict infection control protocols.
  • Establishes isolation requirements for residents on admission or readmission from an acute care hospital without the requirement of a negative COVID-19 test result.

Executive Order 2020-21 Prohibiting Small Business Evictions

  • Halts evictions in Arizona for small business and nonprofits that are unable to pay rent due to financial hardship caused by COVID-19 through May 31, 2020.
  • Encourages commercial landlords to defer rent and waive late fees for small businesses experiencing economic hardship due to COVID-19.

Executive Order 2020-20 – Expanding Access to Pharmacies

  • Allows pharmacists to dispense emergency refills of maintenance medication for a 90-day supply, with an additional 90-day supply as needed, totaling up to 180 days of medication without having to visit a doctor.
  • Outlines various requirements of the Board of Pharmacy, intended to streamline access to medication during the COVID-19 crisis.

Executive Order 2020-19 – Telemedicine for Pets and Animals

  • Permits pets and animals to be examined by their veterinarians through telemedicine, allowing the pet or animal owner to stay at home.

Executive Order 2020-18 – Stay Home, Stay Healthy, Stay Connected

  • Requires Arizonans to limit their time away from home, except for the following reasons:
    • To participate in an essential activity.
    • For employment, to volunteer or participate in essential functions.
    • To utilize any services or products provided by essential businesses.
    • Employment, if as a sole proprietor or family-owned business, work is conducted in a separate office space from your home, and the business is not open to the public.
  • Provides guidelines for how individuals can maintain social connections during isolation.
  • Describes what is considered an essential activity, including each of the following:
    • Obtaining necessary supplies and services for household family members and pets.
    • Engaging in activities essential for the health and safety of family members, household members, and pets.
    • Caring for a family member, friend, or pet in another household or residence.
    • Engaging in outdoor exercise activities.
    • Attending or conducting work or volunteering in essential functions, including transporting children to childcare services to be able to attend work in an essential service.
    • Engaging in constitutionally protected activities.
  • Requires businesses that remain open to implement rules and procedures that facilitate physical distancing and spacing of at least six feet apart.

Executive Order: 2020-17 – Continuity of Work

  • Requires some state boards and agencies to (1) push back the dates for licensure renewal and (2) defer continuing education requirements for six months, (3) suspend rules that limit or prevent online or alternative license hours, (4) attempt to implement electronic and remote examinations, and (5) waive the examination requirements where electronic and remote examinations are unavailable.

Executive Order: 2020-16 – Increasing Hospital Capacity For COVID-19 Preparedness

  • Requires licensed hospitals to (1) activate their facility emergency plan, (2) implement triage processes and develop triage criteria, (3) implement plans to optimize staffing levels, (4) develop a plan to increase bed capacity by 50% by April 24th, (5) report various capacity numbers to ADHS in one week, and (6) seek waivers from ADHS to fulfill this order’s requirements.

Executive Order: 2020-15 – Expansion of Telemedicine

  • Requires health insurance plans regulated by the Arizona Department of Insurance to provide coverage for all telemedicine healthcare services if similar in-person services are covered.

Executive Order: 2020-14 – Postponement of Eviction Actions

  • Temporarily delays the enforcement of eviction in several COVID-19 related circumstances by 120 days.
  • Guidance from the Administrative Office of the Courts on the processes and forms can be found here.

Executive Order: 2020-13 – Enhanced Surveillance Advisory

  • Issues an enhanced surveillance advisory, allowing ADHS and local health authorities to access confidential patient information. Requires hospitals to report several COVID-related metrics, including ventilators in use, ICU beds in use, and more, to ADHS daily. Requires laboratories to report COVID-19 test results in a prescribed format.

Executive Order: 2020-12 – Prohibiting the Closure of Essential Services

  • Prohibits cities, counties, and towns from making or issuing any order, rule, or regulation that restricts or prohibits people from performing functions designated by the Governor, the Director of the Arizona Department of Health Services (ADHS), or the Division of Emergency Management as an essential function during the public health emergency.
  • Additional guidance on essential services and recreational activities was released effective Saturday, April 4, 2020 including the following:
    • Closure of all barbers, cosmetology, salons, tattoo parlors, spas and massage therapist services
    • Swap meets
    • Communal poos in hotels, condominiums, apartment complexes and parks
    • Public Park amenities that do not allow for recommended physical distancing or proper hygiene such as basketball courts, splash pads, playgrounds, and public restrooms (recommend staying open as much as possible)
  • The following are considered essential and may continue operations: personal hygiene services including in-home services; daycare centers providing for individuals with children serving in any essential services category; hotels and motels used for lodging; and respite and palliative care.
  • To view the additional guidance, click here.

Executive Order: 2020-11 – Ensuring Individuals Whose Employment Is Affected By COVID-19 Have Access to Unemployment Insurance  (Effective Retroactive to March 11, 2020, when Arizona’s Public Health Emergency was declared)

  • Allows the following individuals to apply for and be approved for unemployment insurance:
    • Individuals whose employer has permanently, temporarily ceased, or drastically reduced operations due to COVID-19
    • Individuals who are unable to work due to quarantine and have no paid leave
    • Individuals who leave employment due to a risk of exposure or to care for a family member infected with COVID-19
    • Individuals that are otherwise separated from employment for reasons related to COVID-19
  • Waives the waiting period requirements and specifications the individual is able and available to work, actively seeking work, and daily job contacts

Executive Order: 2020-10 – Delaying Elective Surgeries to Conserve Personal Protective Equipment Necessary to Test and Treat Patients with COVID-19

  • Halts all elective surgeries in the state of Arizona to free up medical resources and maintain the capacity for hospitals and providers to continue offering vital services.

Executive Order: 2020-09 – Limiting the Operations of Certain Businesses to Slow the Spread Of COVID-19

  • Requires the following starting close of business on Friday, March 20th in counties with a confirmed COVID-19 case:
    • Restaurants must follow dine-out options only and they may deliver alcoholic beverages in a closed container with the purchase of food.
    • Bars, movie theaters and gyms are required to close.
    • Requires the Arizona Department of Liquor License and Control to post guidance for title 4 license holders on how to comply with Executive Order # 2020-09.
    • Unopened products to be bought back from restaurants, bars, and clubs by wholesalers and retailers.

Executive Order: 2020-08 – Limiting In-Person Motor Vehicle Division Visits for Driver License Renewals

  • Delays the expiration dates on Arizona driver licenses by 6 months for residents with a driver’s license with expiration dates between March 1, 2020, and September 1, 2020, including commercial driver licenses.

Executive Order: 2020-07 – Proactive Measures to Protect Against COVID-19

  • Establishes the Arizona Department of Health Services (ADHS) as the entity responsible for coordinating all matters pertaining to the public health emergency response of the State.
    • Allows ADHS to waive licensing requirements to provide healthcare officials with assistance in delivering services during times of heightened demand.
    • Gives ADHS access $500,000 in emergency funds to aid in measures and resources to protect public health.
    • Allows emergency procurement authority to procure goods and services as needed to protect public health.
  • Health Care Requirements
    • Insurance companies and health plans must cover out of network providers, including out of plan laboratories and telemedicine providers.
    • All copays, coinsurance, and deductibles for consumers related to COVID-19 diagnostic testing and decreases co-pays for telemedicine visits are waived.
    • Adds consumer protections, including prohibiting price-gouging on COVID-19 of diagnosis and treatment-related services.
    • Implements symptom checks of healthcare workers and visitors at skilled nursing facilities, nursing homes, and assisted living facilities.