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Executive Order Misunderstood
Bill Lee

Tennessee Governor Bill Lee signed an executive order last Friday in response to the recent spike in COVID-19 cases in the state. The order is meant to help ease regulations for medical personnel and facilities in the fight against the virus, but some conspiracy theorists claim the measure is an attempt to take away freedoms.

As a precautionary measure, in the event that rising COVID cases overwhelm healthcare facilities and staff, Executive Order 83 eases restrictions to allow additional workers access to the system, and making infrastructure and assets easier to obtain should the need arise.

Among the actions the order allows out-of-state health care providers to practice in Tennessee by suspending previous legislation. The order also makes it easier for retired medical professionals to reenter the workforce.

In addition, the order allows “practical nursing graduates” to practice without examination, while they are under supervision of a licensed facility, so long as they have both graduated from an approved school of nursing within 90 days and have received authorization to take the NCLEX-PN examination.

The executive order also authorizes professional medical staff to perform tasks outside of the licensed scope of practice while in a licensed hospital. Behavioral health inpatient psychiatric, residential, and crisis care professionals will also be able to perform tasks outside of their typical scope of practice following approval of a plan from the state. Health care student staffing is permitted in inpatient acute care, and rehabilitation emergency settings.

The order allows the National Guard and State Guard to continue to be utilized for emergency services pertaining to the pandemic, and ambulance transport services are also granted flexibility by changing staffing requirements in units.

Other items on the order include provisions for medical laboratories to provide more COVID-19 testing, the suspension of inspections of mental health and substance abuse facilities, the suspension of health care licensing inspections and investigations, and inspections of health care facilities have been suspended.

One of the controversial actions in the order deals with temporary quarantine and isolation facilities. The provision allows for the construction of temporary structures in response to COVID-19, with those structures having to be inspected for safety.

Some are equating the wording in the provision, as to mean quarantine “camps” where those infected would be forced to relocate, but officials say the order is only extending a previous order allowing hospitals to set up temporary facilities if needed.

Governor Lee's office issued a response to the controversy, saying, "The recent EO temporarily deregulates certain requirements for hospitals like what spaces can be used to treat individuals seeking care, assistance to help with staffing shortages, etc. They are the exact same provisions that have been enacted previously when hospitals were facing strain. It only pertains to hospital operations."

"The recent EO temporarily deregulates certain requirements for hospitals like what spaces can be used to treat individuals seeking care, assistance to help with staffing shortages, etc.," Laine Arnold, Lee's communications director said.

"They are the exact same provisions that have been enacted previously when hospitals were facing strain," Arnold added. "It only pertains to hospital operations."

The executive order went into effect at 11:59 p.m., on August 6, and will remain in effect until October 5, 2021.