12/31/2021

Ohio Department of Health aligns with updated CDC quarantine and isolation guidance, using out-of-state nurses, "911" staff support

Ohio Department of Health aligns with
updated CDC quarantine and isolation guidance,
using out-of-state nurses, "911" staff support

Late yesterday, the Ohio Department of Health (ODH) released confirmation that it will align with the recently updated CDC quarantine and isolation guidance for the general population. LeadingAge Ohio received confirmation from ODH on 12/29 that they were in alignment with the recently updated CDC Healthcare Personnel quarantine and isolation guidance.

The Ohio Department of Health released a flow chart based on the CDC’s updated guidance following an exposure to someone with COVID-19. Regardless of vaccination status or symptoms, anyone who tests positive for COVID-19 must isolate for at least 5 days. However, if symptoms are improving, isolation may end on the sixth day following either symptom onset or a positive COVID-19 test if the person consistently wears a mask for the next five days. Detailed quarantine and isolation guidance are available in the flow chart.

Note: The Ohio Department of Health has also updated K-12 school quarantine guidance including “mask to stay” and “test to play” timelines accordingly.  

ODH confirms that it will allow nursing homes and residential care facilities to utilize out-of-state nurses

Today, LeadingAge Ohio and the other long-term care provider associations received confirmation that ODH would allow nursing homes and residential care facilities to utilize out-of-state nurses to provide staffing during the nationally declared COVID emergency. From Lance Himes, ODH’s Assistant Director/ Interim General Counsel:

“The state declared emergency ended June 18, 2021, however for the duration of the federal declaration of emergency, the Board of Nursing continues to recognize ORC Section 4723.32(G)(7) as in effect for purposes of authorizing nurses who hold an active, valid license in another state to practice in Ohio without an Ohio nursing license. 

ORC Section 4723.32(G)(7) provides an exemption from licensure if:

(G) The activities of an individual who currently holds a license to practice nursing or equivalent authorization from another jurisdiction, but only if the individual's activities are limited to those activities that the same type of nurse may engage in pursuant to a license issued under this chapter, the individual's authority to practice has not been revoked, the individual is not currently under suspension or on probation, the individual does not represent the individual as being licensed under this chapter, and one of the following is the case*:

(7) The individual is providing nursing care during any disaster, natural or otherwise, that has been officially declared to be a disaster by a public announcement issued by an appropriate federal, state, county, or municipal official;

The intent of the law was to provide flexibility in responding to an emergency or disaster where the availability of state-licensed nursing staff was impacted. That is precisely the situation we are in now. While the Chapter 3721 and the rule definitions state a nurse must be “licensed” to practice nursing under Chapter 4723, a narrow interpretation of those definitions would ignore the existence of Section 4723.32(G)(7) and the dire staffing challenges that Ohio’s healthcare providers are facing due to COVID-19. This situation almost certainly was never contemplated when the legislature or ODH were drafting the law and rules, respectively, regarding nursing homes and RCF’s.  However, it was considered when Section 4723.32(G)(7) was drafted. Further, allowing out of state nurses to work in numerous other settings, including hospitals, but not permitting them in LTC settings is inconsistent without any substantial reason to treat them differently.

So long as the out-of-state staff are complying with paragraph (G) above, utilization of nurses who meet the Board of Nursing exemption is permissible during this emergency. ODH will be informing our surveyors to ensure consistent application.”

*note from LeadingAge Ohio:  items (1) through (6) not directed to current disaster situation.

Staffing Crisis:  “911” Support Reminder

A reminder of the alert sent last Thursday: If your facility is in need of staff in order to function safely, contact the Regional Rapid Response Assistance Program (R3AP) at 1-855-R3AP-ODA (1-855-732-7632). This hotline is staffed from 7:00AM to 7:00PM, Monday through Friday. Over the weekend, messages are checked on a frequent basis. The Administration is working to have R3AP resources available 24/7, and we will share any additional information on this round-the-clock support as soon as it is available.

Meanwhile, should your facility have a critical staffing issue in which leadership is unable to operate safely AND you’ve exhausted all other options, please call Kathryn Brod via cell at 847-644-3911. She will escalate your situation immediately to the Administration to mobilize problem-solving on your behalf.