Scott signs third emergency order in response to flooding, regards professional regulation

Submitted by tim on Thu, 07/20/2023 - 15:36

Vermont Business Magazine Governor Phil Scott today signed an addendum to his Emergency Declaration (Executive Order 03-23), providing additional flexibility regarding professional regulation to address community healthcare resources and security in connection with the disaster recovery.

“I appreciate our collaboration with the Secretary of State and her team as we work to address emerging needs,” said Governor Scott. “My team will continue to do what is needed to provide regulatory relief to meet the needs of Vermonters as quickly and effectively as possible.”

“We are thankful for the partnership with the Governor and his team to get Vermonters the services they so crucially need,” said Secretary of State Sarah Copeland Hanzas.

The Governor will consider additional regulatory relief and action to ensure the state can promptly respond to the significant damage and rebuilding efforts.

For more information, click here to view Addendum 3, Licensee Regulatory Relief. Its text is also included below.

STATE OF VERMONT

EXECUTIVE DEPARTMENT

ADDENDUM 3 TO EXECUTIVE ORDER 03-23

[LICENSEE REGULATORY RELIEF]

WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flood of 2023”); and

WHEREAS, on July 10, 2023 the President declared that an emergency exists in the State of Vermont; and

WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023 and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023 and continuing; and

WHEREAS, on July 14, 2023 the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing (the “Major Disaster Declaration”); and

WHEREAS, the scope and severity of the Flood of 2023 may exceed that of Hurricane Irene in 2011; and

WHEREAS, the current emergency demands swift action to achieve the necessary hazard mitigation, provide critical support response and begin recovery efforts to preserve public safety and property in Vermont; and

WHEREAS, in addition to temporary regulatory relief already granted under this Emergency Declaration and Addenda, I have determined there is a need for additional flexibility regarding professional regulation to address community healthcare resources and security in connection with the disaster recovery.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Chapter 4:

IT IS HEREBY ORDERED:

The Secretary of State is hereby directed to waive such rules and requirements as may be necessary to issue a temporary license to professionals who hold a valid license, certificate, or registration in any other U.S. jurisdiction needed to provide professional services to protect the public peace, health and safety and to preserve the lives and property of the people of the State in Vermont for the period of the Emergency Declaration. These professionals must be licensed, certified, or registered in good standing in another U.S. jurisdiction or jurisdictions and not subject to any professional disciplinary proceedings in any other U.S. jurisdiction. This shall include professions requiring a Vermont firearms certification.

Profession types shall include, pharmacists, architects, engineers, foresters, land surveyors, pollution abatement facility operators, property inspectors, residential contractors, wastewater/water system designers, well drillers, security agencies, security guards and security employees, the firearm certification for security professionals and such other profession types regulated by the Office of Professional Regulation as the Director, in consultation with the Office of the Governor, may determine necessary to provide professional services in connection with this emergency until the termination of the Emergency Declaration.

The Office of Professional Regulation is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration.

The Secretary of State is hereby directed to waive such rules and requirements as may be necessary to allow a pharmacist to extend a previous prescription for up to a 30-day supply for a maintenance medication for which the patient has no refills remaining or for which the authorization for refills has recently expired if it is not feasible to obtain a new prescription or refill authorization from the prescriber. “Maintenance medication” means a prescription drug taken on a regular basis over an extended period of time to treat a chronic or long-term condition. The term does not include a regulated drug, as defined in 18 V.S.A. § 4201.

A pharmacist who extends a prescription for a maintenance medication pursuant to this authority shall take all reasonable measures to notify the prescriber of the prescription extension in a timely manner.

Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.

This Executive Order shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

WITNESS my name hereunto subscribed and the Great Seal of the State of Vermont hereunto affixed at Montpelier this 20th day of July, 2023.

/s/

Philip B. Scott
Governor

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