A Board is not authorized to provide licensees with legal advice regarding the definition of essential businesses. Please refer to the Governor's Executive Order, the CISA list of essential businesses, the following guidance from the Office of Legal Counsel and the following Directive Order (#6) published by Secretary Neall below for guidance:
Number: COVID19-04Date: March 23, 2020 Re: Order of the Governor of the State of Maryland, Number 20-03-23-01, dated March 23, 2020, Amending and Restating the Order of March 19, 2020, Prohibiting Large Gatherings and Events and Closing Senior Centers, and Additionally Closing All Non-Essential Businesses and Other Establishments
2. Businesses, Organizations, and Facilities That May Remain Open. The following is a non exhaustive list of businesses, organizations, and facilities that are included in the federal critical infrastructure sectors. The Order does not require these businesses, organizations, and facilities to close.
The Healthcare and Public Health Sector includes, but is not limited to:
i. Hospitals. ii. Healthcare systems and clinics.iii. Offices of health care providers, including physicians, dentists, and pharmacists.iv. Physical, occupation, and speech therapists. v. Behavioral health facilities and professionals, including psychologists, mental health counselors, and substance abuse counselors vi. Rehabilitation facilities. vii. Diagnostic facilities, including radiology, imaging, and laboratory facilities. viii. Health plans, payors, and billing companies. ix. Funeral homes and crematoriums. x. Senior living facilities, including independent living, assisted living, and skilled nursing. xi. Manufacturers and distributors of medical equipment and supplies. xii. Medical cannabis growers, processors, and dispensaries. xiii. Home health care companies. xiv. Pharmacies.
Pursuant to Md. Code Ann., Health-Gen. §§ 2-104, 18-102, 18-103, 18-205, 18-902, 18-904, and Public Safety § 14-3A-03
I, Robert R. Neall, Secretary of Health, finding it necessary for the prevention and control of 2019 Novel Coronavirus (“SARS-CoV-2” or “2019-NCoV” or “COVID-19”), and for the protection of the health and safety of patients, staff, and other individuals in Maryland, hereby authorize and order the following actions for the prevention and control of this infectious and contagious disease under the Governor’s Declaration of Catastrophic Health Emergency:
Hospital Contingency Plans
All licensed hospitals shall implement the medical staff plans required by COMAR 10.07.01.24G(2) to grant temporary disaster privileges. The plans shall remain in effect for the duration of the catastrophic health emergency.
Elective and Non-urgent Medical Procedures - Licensed Health Care Facilities
Pursuant to the Executive Order of March 16, 2020 relating to various health care matters and in accordance with the guidance issued by MDH and posted on its website at coronavirus.maryland.gov, all licensed hospitals, ambulatory surgical centers, and all other licensed health care facilities shall cease all elective and non-urgent medical procedures effective at 5 p.m., Tuesday, March 24, 2020 and not provide any such procedures for the duration of the catastrophic health emergency.
Elective and Non-urgent Medical Procedures - All Health Care Practitioners
Pursuant to the Executive Order of March 16, 2020 relating to various health care matters and in accordance with the guidance issued by MDH and posted on its website at http://coronavirus.maryland.gov, all providers of health care licensed, certified, or otherwise authorized under the Health Occupations Article shall perform only medical procedures that are critically necessary for the maintenance of health for a patient. All elective and non- urgent medical procedures and appointments shall cease effective at 5 p.m., Tuesday, March 24, 2020 and shall not be performed for the duration of the catastrophic health emergency.
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