Governor’s Order Rescinds Flexibility for Out-of-State Healthcare Professionals

Posted on May 19, 2021 by Jonathan Lips

Governor Tim Walz has acted to roll back temporary workforce flexibility relating to out-of-state licensed healthcare professionals.

In April 2020, Gov. Walz issued Executive Order 20-46, which authorized out-of-state healthcare professionals who hold an active license in good standing issued by another state to provide healthcare service in Minnesota during the COVID-19 peacetime emergency. This policy applied to individuals who would otherwise be required to obtain a license to practice here from the Minnesota Board of Medical Practice or the Minnesota Board of Nursing, including LPNs, RNs, and APRNs.

Last week, however, Gov. Walz issued Executive Order 21-21, which rescinds E.O. 20-46 as of May 27 at 11:59 p.m.. No transition or off-ramp period is provided. There is some discussion at the State Capitol about language that would allow these out-of-state healthcare professionals to continue working for 60 days after the waiver expires. Still, we are not clear whether lawmakers will include this issue in their work when they return for a special session.

Note that the flexibility provided by Executive Order 20-46 is separate from the border state license recognition process that has been in place for several years, and the executive order rescinding 20-46 does not affect that border state program.

If your organization has hired a nurse or engaged one through a staffing agency in reliance on Executive Order 20-46, please be aware of the May 27 deadline. The Minnesota Board of Nursing has not yet updated its website to reflect the change, but we will monitor for additional information.