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Arizona: State-by-State COVID-19 Guidance

ARIZONA

April 5, 2021:

Governor Ducey issued Executive Order 2021-08, lifting restrictions on healthcare institutions. Specifically, the Order rescinds Executive Orders 2020-10 (Delaying Elective Surgeries), 2020-22 (Protection of Vulnerable Residents at Nursing and Residential Care Institutions, IFC-IIDs, and DD Medical Group Homes), and 2020-32 (Requesting Exemption from Executive Order 2020-10).

April 1, 2021:

Governor Ducey issued Executive Order 2021-07, an Enhanced Surveillance Advisory, which supersedes the reporting requirements set forth in prior executive orders. Although nothing in the Order requires a person to obtain a vaccine, employers may implement policies consistent with the law for such a requirement. Every 24 hours, all licensed hospitals (excluding special hospitals providing only psychiatric services) must report to ADHS, among other data points, a list (including personal identifying information) of all COVID-19 confirmed patients and the number of ventilators, ICU beds, ED beds, and ECMOs in use and available for use. Reporting requirements are also instituted for laboratories conducting COVID-19 testing, as well as health care providers and agencies that administer COVID-19 vaccines.

March 25, 2021:

Governor Ducey issued Executive Order 2021-06, which lifts the restrictions on organized public events outlined in Executive Orders 2020-43 (Pausing of Arizona’s Reopening), 2020-52 (Continuation of Executive Order 2020-43), and 2020-59 (Further Mitigation Requirement for Events). The Order rescinds Executive Orders 2020-09 (Limiting the Operations of Certain Businesses to Slow the Spread of COVID-19), 2020-36 (Stay Healthy, Return Smarter, Return Stronger), 2020-40 (Containing the Spread of COVID-19), 2020-43 (Pausing of Arizona’s Reopening), 2020-47 (Reducing the Risk, Slowing the Spread), 2020-52 (Continuation of Executive Order 2020-43), and 2020-59 (Further Mitigation Requirement for Events).

Businesses are encouraged to continue to take actions recommended by the CDC, OSHA, and ADHS and have a right to institute and enforce policies to mitigate the spread of COVID-19. The Order further prohibits counties, cities, or towns from issuing any order, rule, or regulation that conflicts with the Order. The Order expires upon termination of the Public Health Emergency, unless amended.

March 22, 2021:

Governor Ducey and the Arizona Department of Health Services announced that beginning at 8:00 a.m. on March 24, 2021, COVID-19 vaccine registration will be open to all Arizonans age 16 and older at Arizona’s state-operated vaccination sites in Maricopa, Pima, and Yuma counties.

March 8, 2021:

On March 5, 2021, Governor Ducey issued Executive Order 2021-05, which lifts the occupancy limits implemented due to COVID-19. The Order directs businesses to continue to assist in efforts to contain the spread of COVID-19 by following all guidance from the CDC, U.S. Department of Labor, OSHA, and ADHS (for example, promoting healthy hygiene practices, monitoring for sickness, and ensuring physical distancing). Under the Order, the capacity limits implemented in Executive Order 2020-47, ADHS Emergency Measure 2020-02, and ADHS COVID-19 Guidance for Businesses and related documents are rescinded. All remaining requirements implemented by ADHS for specific businesses remain in effect, including the use of masks and physical distancing.

The provisions of this Order govern if they conflict with Executive Orders 2020-36 (Stay Healthy, Return Smarter, Return Stronger), 2020-43 (Pausing of Arizona’s Reopening), 2020-47 (Reducing the Risk, Slowing the Spread), 2020-52 (Continuation of Executive Order 2020-43), or 2020-59 (Further Mitigation Requirement for Events). The Order remains in place until further notice and will be considered for revision every two weeks following issuance.

March 3, 2021:

Governor Ducey issued Executive Order 2021-04, which requires the Arizona Department of Health Services to update public health and school-related dashboards to reflect the CDC’s metrics and align community transition phases with those identified in the CDC’s February 21, 2021 Operational Strategy for K-12 Schools Through Phased Mitigation. Counties may fall into one of four categories:

  • Low Transmission;
  • Moderate Transmission;
  • Substantial Transmission; or
  • High Transmission.

All district and charter schools are required to return to in-person, teacher-led instruction no later than the Monday following a scheduled spring break, or March 15 if there is no scheduled spring break, based on the following parameters:

  • For Low/Moderate/Substantial Transmission Counties, all schools should be open with in-person instruction and virtual instruction options, with physical distancing being maximized to the greatest extent possible.
  • For Substantial Transmission Counties, middle schools and high schools may reduce attendance to reduce transmission and increase physical distancing.
  • For High Transmission Counties, elementary schools should be open with in-person instruction and virtual instruction options, with physical distancing being maximized to the greatest extent possible. Middle schools and high schools that are already open for in-person instruction must remain open and strictly implement mitigation strategies. If a school has not already resumed in-person instruction, it may operate virtually but may open with strict mitigation strategies.

Schools must notify the Arizona Department of Education by no later than March 15, 2021 of compliance with the order.

February 16, 2021:

Governor Ducey issued Executive Order 2021-03, which requires the Arizona State Board of Education to utilize AZ Merit assessment data and other assessment or academic data for this school year to compare it to prior years and identify the extent of learning loss that has occurred. An emphasis should be placed on understanding how the data impacts students of various demographic subgroups, and the findings (along with any recommendations for evidence-bases strategies to mitigate the impact of learning loss) should be reported to the Governor’s Office by November 1, 2021. Governor Ducey explained the Order will act in conjunction with House Bill 2402, which provides flexibility around the A-F letter grading system.

February 15, 2021:

Governor Ducey issued Executive Order 2021-02, which prohibits state agencies (as defined in the Order) from conducting any regular, expedited, emergency or exempt rulemaking, whether formal or informal, without receiving prior written approval from the Governor’s office. To receive written final approval from the Governor’s Office, a state agency seeking to conduct rule making must address one or more justifications on a 10-item list and may not submit the proposed rules to the Governor’s Regulatory Review Council after the public comment period and close of the rulemaking record. For each additional rule a state agency requests, they must recommend at least three existing rules to eliminate. State agencies must conduct a comprehensive review of any rules suspended during the COVID-19 Public Health State of Emergency to determine if they should be permanently suspended and must report their findings by June 1, 2021.

State agencies may not publicize any directives, policy statements, documents, or forms on its website unless explicitly authorized by the Arizona Revised Statutes or Administrative Code. Any material not specifically authorized must be immediately removed. The order further requires state agencies that issue occupational and professional licenses to post, on their website landing page, all current state policies that ease licensing burdens and the exact steps applicants must complete to obtain a license using the policies. A designated area on the landing page must be dedicated to licensing information specifically for military spouses, active duty service members and veterans, and all policies making it easier for those applicant groups to receive their licenses. State agencies issuing occupational or professional licenses must track the veteran and military spouse statuses of its applicants immediately and report the information to the Governor’s office on an annual basis, beginning July 1, 2021.

January 27, 2021:

Governor Ducey issued Executive Order 2021-01, an Enhanced Surveillance Advisory, which continues to implement specific reporting requirements for medical facilities, including licensed hospitals (excluding Special Hospitals only providing psychiatric services), and nursing care institutions and certain medical group homes. These requirements include:

  • Reporting information relating to COVID-19 confirmed patients to the Arizona Department of Health Services every twenty-four hours.
  • Hospitals must report to AHDS very twenty-four hours, data relating to (among other things) the number of ECMOSs in use and available for use, PPE inventory, and COVID-19 (positive or suspect) ICU admissions.
  • Within one week of the Order, licensed hospitals must report to AHDS information regarding the number of current and additional identified licensed med-surg and ICU beds.
  • Licensed hospitals must continue to implement plans to ensure sufficient staffing levels to staff every licensed and proposed surge ICU and medical surgical bed.
  • Laboratories must report all COVID-19 test results by name (positive and negative) to ADHS.
  • ADHS must collaborate with the CDC, HHS, Association of Public Health Laboratories, and Signatories of the Public Health IIS Interjurisdictional Memorandum of Understanding, by sharing the state’s COVID-19 immunization and vaccine administration information.
  • Health care providers or local health agencies that administer COVID-19 vaccines shall report information to AHDS every twenty-four hours regarding those vaccinated, including their name, date of birth, demographic information, and date of vaccine administration, as well as information regarding the number of doses administered, doses remaining, and vaccine administration appointment capacity and administration of the next 7-day period.
  • By 5:00 p.m. on January 28, individuals, healthcare providers, pharmacies, health care institutions, or local health agencies that have received at least 1,000 does of the COVID-19 vaccine, and that have 40% or more of their total does remaining as of January 25, 20201 shall submit an operational plan to AHDS to ensure at least 80% of the remaining doses are utilized and reported within 7 calendar days of submission of the report.

Entities that refuse to comply with the order are required to reallocate all doses of the vaccine to ADHS by 5:00 p.m. on January 29, 2021. Vaccinators that are unable to ensure sufficient utilization of their doses must immediately reallocate remaining doses to ADHS and will not be eligible for additional does until 80% or more of their remaining allocation has been utilized or transferred. Counties with 40% or more of their total does allocated to their jurisdiction remaining will not receive additional doses of the vaccine until 80% of the current inventory is utilized. The order terminates automatically after 60 days, unless renewed.

January 14, 2021:

(Maricopa & Pima Counties): Starting January 11, Maricopa County will open vaccination scheduling at Point of Dispensing sites for Phase 1B prioritized individuals who can be vaccinated. Populations eligible for vaccination in Phase 1B (Priority) are: Adults age 75 and older; K-12 school staff and childcare workers; law enforcement/protective services (including all sworn officers and government-employed security officers); and Phase 1A populations, which include healthcare workers, emergency medical services workers, and long-term care facility staff and residents.

Starting January 14, Pima County is open for vaccination registrations for individuals in the Phase 1B1a-c priority groups, which include: Adults age 75 and older; prioritized essential workers in protective service occupations (law enforcement, corrections, firefighters, other emergency response staff, and 911 call center staff and trainees in high-risk settings; and education and childcare providers (K-12 and higher education teachers and staff, and student teachers).

January 4, 2021:

On December 31, Governor Ducey further extended the “Good Samaritan” Order, which provided that healthcare professionals and organizations treating for COVID-19 are presumed to have acted in good faith and are immune from civil liability. The order is extended until March 31, 2021.

On December 30, Governor Ducey issued Executive Order 2020-62, which requires the Arizona Department of Health Services (ADHS) to establish and implement a state-directed vaccine allocator model to rapidly expand access to vaccinations for high risk and high priority Arizonans, and take possession of any vaccine allocation and reallocate it to provide statewide coverage for rapid distribution and administration. Private vaccination distribution sites may only be established after consultation with the ADHS. Local Public Health Departments must also prominently display on their websites the location of vaccination sites, and the phase their county is currently vaccinating. They must also inform ADHS of any status or phase change. The Order expires upon termination of the Declaration of Public Health Emergency.

Governor Ducey also issued Executive Order 2020-61, deferring the renewal requirements for Class D and Class M Arizona driver licenses that expire between March 1, 2020 and February 28, 2021, to one year from the expiration date printed on the original driver license card. Renewal requirements for drivers licenses or permits other than Class D and Class M licenses that have an expiration date between March 1, 2020 and September 1, 2020 are deferred by 6 months from the expiration date. Requirements to submit a medical clearance card for purposes of a commercial driver license are deferred through February 28, 2021. State government agencies, among others, must accept Arizona driver’s license cards with expiration dates between March 1, 2020 and February 28, 2021 as valid identification for any purposes for which the unexpired driver license card would otherwise be accepted. The Order terminates on March 1, 2021.

December 3, 2020:

Governor Ducey issued Executive Order 2020-58, which requires ADHS, in conjunction with the Arizona Department of Insurance and Financial Institutions, to require all insurers regulated by the state to waive all cost-sharing requirements for consumers related to the administration of all COVID-19 vaccinations, without regard as to whether the provider is in-network. The Order will expire upon termination of the Declaration of Public Health Emergency, or upon the effective date of a federal requirement that the COVID-19 vaccine be provided without cost-sharing.

Governor Ducey also issued Executive Order 2020-60, which directs the Arizona Department of Liquor Licenses and Control to accept and review requests by liquor licensees who seek to temporarily extend their premises outdoors to mitigate the spread of COVID-19. The Department may only approve such requests after a city, town, or county has approved the temporary extension of premises. The order remains in place until further notice and will be reconsidered for repeal or revision every two weeks.

Governor Ducey further issued Executive Order 2020-59, which, effective December 3, 2020, amends paragraph 1 of Executive Order 2020-43, and any extension under Executive Order 2020-52, by prohibiting organized public events of more than 50 people, unless the city, town, or county in unincorporated areas has determined that adequate safety precautions consistent with the CDC and AHDS’s guidance is documented as part of the request. If the event is approved, the city, town, or county is required to dedicate reasonably adequate resources to enforce mitigation measures the organizer has agreed to implement during the organized public event, as well as any public health requirements applicable in the jurisdiction. The jurisdiction must also publicly post the mitigation measures the event organizer is required to implement and enforce on the jurisdiction’s website and must submit a copy to ADHS. Requests for organized public events may be denied due to public health concerns related to COVID-19. Nothing in the order inhibits a person from engaging in constitutionally protected activities, such as speech and religion.

Effective December 3, 2020, the Arizona Department of Liquor Licenses and Control may not issue a series 15, Special License or series 16 Festival/Fair License for organized public events of more than 50 people that require approval and have not been approved. Events that do not require approval due to their size or nature must submit an attestation acknowledging attendees will follow, and event organizers will enforce, public health requirements issued by AHDS. Failure to comply with the Order and any other guidance issued by ADHS related to precautions to mitigate the spread of COVID-19 constitute a public nuisance dangerous to the public health under A.R.S. § 36-601(A), and action may be taken to abate the nuisance. The Order remains in place until further notice and shall be reconsidered for repeal or revision every two weeks.

(Tucson City): The Tucson Mayor and City Council voted to enact an ordinance which implements a mandatory curfew from 10:00 p.m. to 5:00 a.m. each night, within city limits. The ordinance will take effect at 10:00 p.m. on Friday, December 4, and will continue through Wednesday December 23, 2020.

November 23, 2020:

Governor Doug Ducey issued Executive Order 2020-57, an Enhanced Surveillance Advisory Monitoring the Administration of COVID-19 Vaccination. The Order does not require a person to obtain a vaccine for COVID-19 when one becomes available but permits employers to implement policies for employees that are consistent with law for such a requirement. The Arizona Department of Health Services shall collaborate with the CDC and HHS, The Association of Public Health Laboratories, and Signatories of the Public Health IIS Interjurisdictional Memorandum of Understanding, by sharing the State’s COVID-19 immunization and vaccine administration information with the entities. Any individual or local health agency that administers a COVID-19 vaccine shall report information relating to the identity of the individual vaccinated, the vaccine product itself, how administered and when, and the location at which administered. All insurers regulated by the State shall be required to cover influenza and pandemic vaccines and administration without regard to whether the provider is in-network. The order terminates after 60 days unless renewed.

November 12, 2020:

Governor Ducey issued an Enhanced Surveillance Advisory, which implements specific reporting requirements for medical facilities, including all licensed hospitals, nursing care institutions, specialty hospitals providing long term acute care, hospice inpatient facilities, behavioral health inpatient facilities, and assisted living centers, among others. These requirements include the reporting of information relating to COVID-19 confirmed patients to the Arizona Department of Health Services every twenty-four hours. The order terminates automatically after 60 days, unless renewed.

September 9, 2020:

Governor Ducey issued an Enhanced Surveillance Advisory, which, in addition to requiring all licensed hospitals to report information relating to COVID-19 confirmed patients to the Arizona Department of Health Services every twenty-four hours, also requires the reporting of data relating to influenza positive patients, including the number of patients and number of ventilators and ICU beds in use by such patients. Hospitals must continue to implement plans to ensure sufficient staffing levels are maintained for every licensed and proposed surge intensive care unit and medical surgical bed. The order terminates automatically after 60 days, unless renewed.

September 1, 2020:

On September 1, Governor Ducey issued Executive Order 2020-53, deferring the renewal requirements for Class D and Class M Arizona driver licenses that expire between March 1, 2020 and December 31, 2020, to one year from the expiration date printed on the original driver license card. The Order terminates on January 1, 2022.

July 27, 2020:

Governor Ducey extended Executive Order 2020-43, which, among other things:

  • prohibited organized public events of more than 50 people, unless approved subject to certain safety restrictions;
  • precluded the Department of Liquor Licenses and Control from issuing series special event and festival/fair licenses;
  • required bars, indoor gyms, fitness clubs or centers, indoor movie theaters, and water parks and tubing operators to pause operations; and
  • permitted pools to remain open subject to physical distancing requirements.

Order 2020-43 will continue to be reviewed for repeal or revision every two weeks. Governor Ducey also issued an Executive Order requiring the Arizona Department of Health to develop and make available by August 7, 2020, public health benchmarks for the safe return of in-person, teach-led instruction in schools. Local school leaders will use these guidelines to determine when to open. Schools will still be required to provide 180 days of instruction or the equivalent hours, however distance learning instruction counts toward the minimum instructional days or equivalent number of hours statutorily required. School districts and charter schools must begin teacher-led distance learning by the first day of the school district or charter school’s instructional calendar, and schools must begin offering free on-site learning opportunities and support services for students who need a place to go during the day, starting August 17, 2020. School districts and charter schools must develop and implement a policy requiring face coverings for all students and staff over 5 years old, until the Department of Health Services determines such face coverings are no longer necessary or recommended to contain the spread of the virus. The order remains in place for the duration of the 2020-2021 school year, which ends on June 30, 2021.

July 23, 2020:

Governor Ducey issued an Executive Order requiring the Arizona Department of Administration to identify and make State-owned facilities available for use as voting locations for the August and November 2020 elections. The order expands Leave Administration and Civic Duty Leave rules to permit State employees who choose to serve at voting locations during the 2020 primary and general elections to use Civic Duty Leave while serving, following written approval from their supervisor. The Department of Administration will also help counties provide voting locations with proper equipment and personal protective equipment. The order expires after November 4, 2020.

July 20, 2020:

Governor Ducey issued an Executive Order which continues the postponement of eviction actions for residential premises. Those who seek to delay the enforcement of eviction actions must notify the landlord or property owner of a hardship resulting from COVID-19 in writing, with supporting documentation, and must request a payment plan. After August 21, 2020, proof of submission of a completed pending application for rental assistance must also be provided to the landlord or property owner. The order takes effect on July 23, 2020 and expires on October 31, 2020.

July 16, 2020:

Governor Ducey issued an Executive Order which continues the postponement of eviction actions for residential premises. Those who seek to delay the enforcement of eviction actions must notify the landlord or property owner of a hardship resulting from COVID-19 in writing, with supporting documentation, and must request a payment plan. After August 21, 2020, proof of submission of a completed pending application for rental assistance must also be provided to the landlord or property owner. The order takes effect on July 23, 2020 and expires on October 31, 2020.

July 13, 2020:

Governor Ducey issued an Executive Order which limits restaurants’ indoor seating to less than 50% capacity, and requires parties or groups to be separated by at least six feet both indoors and outdoors, unless the tables are separated by glass or plexiglass. All buffet, cafeteria-style, and self-serve food bars shall be closed. The Order takes effect on July 11, 2020 and will be considered for revision or repeal every two weeks.

Governor Ducey also issued an Enhanced Surveillance Advisory, which requires all licensed hospitals to report certain information to the Arizona Department of Health Services every twenty-four hours, including number and data for COVID-19 patients, number of non-essential surgeries performed per day, and number of beds available. Licensed hospitals are also required to increase the number of intensive care unit and medical surgical bed capacity by 50%.

June 30, 2020:

Governor Ducey has extended the “Good Samaritan” Order, which provided that healthcare professionals and organizations treating for COVID-19 are presumed to have acted in good faith and are immune from civil liability. The order is extended until December 31, 2020

Governor Ducey also issued Executive Order 2020-43, “Pausing of Arizona’s Reopening,” which institutes restrictions on certain businesses and activities.

  • Effective June 29, 2020, organized public events of more than 50 people are prohibited, unless approved subject to certain safety restrictions;
  • The Department of Liquor Licenses and Control will not issue series special event and festival/fair licenses from June 29, 2020 through July 27, 2020;
  • Effective 8:00 p.m. on June 29, and until at least July 27, 2020, bars, indoor gyms, fitness clubs or centers, indoor movie theaters, and water parks and tubing operators must pause operations;
  • Pools may remain open subject to physical distancing requirements.

To receive authorization to reopen, entities must complete and submit a form to the Arizona Department of Health Services, which attests they are in compliance with ADHS guidance related to COVID-19 business operations. The order remains in effect until further notice, and will be reconsidered for repeal or revision every two weeks after July 27, 2020.

June 22, 2020:

(Pima & Maricopa Counties): Consistent with Governor Ducey’s Executive Order which authorized counties and cities to impose mandates requiring the use of facial coverings in public, Maricopa County has issued Regulations which require all persons above 6 years old to wear face coverings while inside any enclosed public area. Although children under 2 years old are exempt from the requirement, adults should use reasonable efforts to ensure children between the ages of 2 and 5 comply with the regulations. The Regulations make additional exemptions for restaurant patrons and those exercising in communal outdoor spaces, among others. The Regulations take effect on June 20, 2020 and will remain in place until further notice of repeal or revision.

Pima County similarly enacted a Resolution which requires the use of face coverings in public for all people five years and older. The Resolution exempts children under the age of 5 and also exempts restaurant patrons and those exercising outdoors, provided distancing is maintained, among others. The Resolution was passed on June 19, 2020, and does not specify an expiration date.

June 18, 2020:

Governor Ducey issued an Executive Order which now allows counties and cities to impose more restrictive mandates requiring the use of facial coverings in public effective June 18. This Order is a limited amendment to the “Stay Healthy, Return Smarter, Return Stronger” prohibition which did not allow local governments to impose greater restrictions than those imposed by the state. The Order takes effect on June 18, 2020 and remains in effect until further notice, but will be reviewed every two weeks for possible revision or repeal.

June 8, 2020:

Governor Ducey’s Declaration of Emergency, which instituted a statewide curfew, expired at 5:00 a.m. on June 8.

May 26, 2020:

On May 21, Governor Ducey issued an Enhanced Surveillance Advisory which supersedes the reporting requirements of the previous executive orders (2020-13, 2020-22(4), 2020-23, and 2020-30(10)), but renews their other provisions. The advisory authorizes the Arizona Department of Health Services and local health authority to access confidential patient information; requires hospitals to report certain data regarding capacity, available equipment, inventory of medical supplies, and data regarding COVID-19 patients; requires nursing care institutions, ICF-IID and DD medical group homes to report regarding COVID-19 residents and availability of beds and PPE; and requires laboratories to report positive COVID-19 test results to the Arizona Department of Health Services. COVID-19 specimen testing shall be coordinated by the Arizona State Public Health Laboratory, with criteria for testing to be determined by the Arizona Department of Health Services. The order automatically terminates after 60 days, unless renewed.

May 15, 2020:

Executive Order 2020-36 takes effect today. The Order rescinds orders 2020-18 (stay at home order), 2020-24 (requiring certain travelers to self-quarantine after arriving in Arizona), and 2020-33 (“Returning Stronger” order), and provides that all other orders issued and still in effect since March 11th, remain in place unless guidance has been provided by ADHS on how to safely reopen or operate, or the orders expire, are amended, or are rescinded. ADHS has issued guidance regarding the reopening of, among other businesses, pools, gyms, and spas, and has also issued guidance for places of worship. Under the new order, vulnerable individuals are encouraged to limit their time in public. All individuals in public areas should maximize physical distancing, and should avoid social settings where physical distancing is not practical, unless precautionary measures are taken. Businesses operating in the state that are employers or that serve the public are required to develop, establish, and implement policies based on guidance from the CDC, OSHA, and ADHS, in order to limit the spread of COVID-19. Counties, cities, and towns are prohibited from instituting any orders which conflict with, or are in addition to the new order, and may not issue any order which restrict persons from leaving their home due to the COVID-19 public health emergency. The order remains in place until further notice, but shall be considered for repeal or revision every two weeks.

Beginning today, major league sports may also resume a limited reopening without fans.

Executive Order 2020-33, which implemented the first phase of Arizona’s reopening, expires at 11:59 p.m. today.

May 13, 2020:

Pursuant to Executive Order 2020-36, pools, gym and fitness providers, spas, massage therapists, and personal services may reopen today, with physical distancing and enhanced sanitation, following guidance from the Arizona Department of Health Services.

Governor Ducey also issued an Executive Order which ends Arizona’s current stay at home (“Returning Stronger”) Order which is set to expire on May 15, 2020. The Order rescinds orders 2020-18 (stay at home order), 2020-24 (requiring certain travelers to self-quarantine after arriving in Arizona), and 2020-33 (“Returning Stronger” order), and provides that all other orders issued and still in effect since March 11th, remain in place unless guidance has been provided by ADHS on how to safely reopen or operate, or the orders expire, are amended, or are rescinded. ADHS has issued guidance regarding the reopening of, among other businesses, pools, gyms, and spas, and has also issued guidance for places of worship.

Under the new order, vulnerable individuals are encouraged to limit their time in public. All individuals in public areas should maximize physical distancing, and should avoid social settings where physical distancing is not practical, unless precautionary measures are taken. Businesses operating in the state that are employers or that serve the public are required to develop, establish, and implement policies based on guidance from the CDC, OSHA, and ADHS, in order to limit the spread of COVID-19. Counties, cities, and towns are prohibited from instituting any orders which conflict with, or are in addition to the new order, and may not issue any order which restrict persons from leaving their home due to the COVID-19 public health emergency. The order goes into effect at 12:00 a.m. on May 16, 2020, and remains in place until further notice, but shall be considered for repeal or revision every two weeks.

Governor Ducey has also announced that beginning May 16th, major league sports may resume a limited reopening without fans.

May 11, 2020:

Effective today, dine-in services may resume pursuant to Executive Order 2020-34, provided they implement physical distancing policies, limit the number of diner, and follow protocols as directed by the Center for Disease Control and Prevention, the United States Department of Labor Division of Occupational Safety, and the Arizona Department of Health Services.

May 5, 2020:

Governor Ducey issued an Executive Order authorizing barbers and cosmetologists to resume operations on Friday May 8, 2020, provided employees and customers use face coverings, they operate by appointment only, and they follow the protocols established by the Center for Disease Control and Prevention, the United States Department of Labor Division of Occupational Safety, and the Arizona Department of Health Services.

The order also authorizes dine-in services to resume on Monday May 11, 2020, provided they too follow above protocols, implement physical distancing policies, and limit the number of diners. Governor Ducey also issued Executive Order which requires nursing care institutions, residential care institutions, intermediate facilities for individuals with intellectual disabilities, and medical group homes for individuals with developmental disabilities to report to residents, next of kin, and guardians, the number of diagnosed cases and deaths due to COVID-19 within the facilities, and to provide regular updates on their activities.

May 4, 2020:

Pursuant to the “Return Stronger” Order, retailers which are not classified as non-essential businesses and whose business involves the sale of goods, may operate and offer goods through delivery, window, walk-up, thrive through, or drive up service, or by delivery and appointment, provided they comply with the protocols and best-practices outlined in the order.

May 1, 2020:

Governor Ducey and the Arizona Department of Health Services released additional guidance for retail establishments that will shortly reopen pursuant to the “Returning Stronger” Order issued this week. The Guidance recommends customers follow the Center for Disease Control and Prevention’s guidance, including staying home while sick, maintaining physical distance while shopping, and wearing a cloth face covering in public. The Department of Health Services further recommends that retail establishments operate with reduced occupancy, provide delivery or curbside service options, close fitting rooms at clothing stores, implement symptom screenings for employees, and offer cloth face coverings to employees and visitors.

April 29, 2020:

Governor Ducey issued an Executive Order amending the “Stay Home, Stay Healthy, Stay Connected” order in Arizona, which was set to expire on April 30, 2020. The Amended “Return Stronger” Order requires residents to stay at home, except to conduct essential activities, participate in essential governmental functions or essential functions (as defined in the March 23rd Executive Order), among other things. Essential activities include, among other things, obtaining necessary supplies and services, engaging in outdoor exercise, participating in constitutionally protected activities such as speech, religion and any legal or court process, and visiting retailers permitted to operate pursuant to the order.

Beginning on May 4, 2020, retailers which are not classified as essential businesses and whose business involves the sale of goods, may operate and offer goods through delivery, window, walk-up, thrive through, or drive up service, or by delivery and appointment, provided they comply with the protocols and best-practices outlined in the order. Beginning May 8, 2020, such retailers may open, operate and offer goods for sale to customers in their stores, provided they comply with the protocols and best practices outlined in the order. Areas, like shopping malls, in which people may be inclined to congregate in an enclosed or confined are still required to limit operations, but retailers which operate in such areas, and whose only entrance is through the shopping mall or other enclosed area, may operate through delivery or curbside service or appointment only.

The order prohibits any county, city, or town from issuing any order, role, or regulation, that prevents an individual from conducting, participating in, or receiving Essential Services, Essential Activities, or Non-essential Services described in the order and past executive order.

The order remains in effect until 11:59 pm on May 15, 2020, unless otherwise extended or rescinded.

April 23, 2020:

Governor Ducey issued an Executive Order authorizing hospitals, healthcare facilities, and providers (including dental surgery providers) to request exemption from Executive Order 2020-10 in order to resume elective, non-essential surgeries, provided they meet certain requirements relating to, among other things, personal protective equipment inventories, staffing, and screening processes. The order remains in effect until further notice, and will be considered for repeal or revision every two weeks, along with Order 2020-10.

(Navajo Nation): The Navajo Nation President, Jonathan Nez, and Vice President, Myron Lizer, issued an Executive Order extending the declaration of a public health state of emergency, and ordering the continued closure of Navajo Nation government offices to May 17, 2020 (except for essential personnel).

April 17, 2020:

(Navajo Nation): The Navajo Office of Environmental Health and Protection Program, Navajo Department of Health, issued a Public Health Emergency Order which implements a 57-hour weekend curfew from April 17, 2020 to April 20, 2020 and April 24 to April 27, 2020, beginning at 8:00 p.m. on Friday, and ending at 5:00 a.m. on Monday. All individuals are required to remain at home during curfew hours, with limited exceptions. Certain Essential Businesses are also affected by the curfew order, including restaurants, drive-through food establishments, and other roadside vendors. Gas stations and grocery stores are permitted to operate on limited schedules during curfew weekends, as long as they comply with the order’s requirements. The order takes effect at 8:00 p.m. on Friday April 17, 2020, and remains in effect until April 27, 2020 at 5:00 a.m.

April 15, 2020:

Governor Ducey issued an Executive Order on April 15 which expands food options for commercial vehicle drivers by allowing mobile food vendors to operate at specific state rest areas. The Order is consistent with the U.S. Department of Transportation’s Federal Highway Administration Notice of Enforcement Discretion 05-20, which suspended enforcement measures for States that choose to permit commercial food trucks to operate in designated federally funded Interstate Highway rest areas.

On April 14, Governor Ducey issued a third Enhanced Surveillance Advisory, in addition to the two previous advisories, Executive Orders 2020-13 and 2020-23. The third advisory addresses information sharing and the data reporting elements required from hospitals. The information-sharing provisions are subject to review every two weeks and remain in effect for no longer than 60 days unless re-issued or revised by the Director for the Arizona Department of Health Services. The data-reporting provisions will also remain in effect for no longer than 60 days, unless reissued or revised by the Director.

Governor Ducey also issued an Executive Order which requires workers’ compensation plans regulated by the Arizona Department of Insurance, self-insurance plans regulated by the Industrial Commission of Arizona, and the Special Fund to provide coverage for telemedicine services that would be covered if provided through an in-person visit, beginning on April 14, 2020 and continuing for the duration of the Public Health Emergency. The Governor issued a further Order which authorizes the certification of assisted living facility caregivers who complete on-the-job-training, as defined in the order. The order remains in effect until further notice, but shall be considered for repeal or revision every two weeks.

April 13, 2020:

Governor Ducey issued Executive Order 2020-27, “The ‘Good Samaritan’ Order,” which protects certain healthcare professionals and volunteers in the course of providing medical services in support of the COVID-19 public health emergency by, among other things, immunizing them from civil liability.

April 9, 2020:

On April 8, Governor Ducey issued Executive Order 2020-26, which authorizes the use of remote online notarization, effective April 10, 2020. The order remains in place until July 1, 2020, when A.R.S. §§ 41-371 through 41-380, statutory provisions which authorize signers and notaries to employ internet and audio-video technology to verify identity, take effect.

Governor Ducey issued an Executive Order on April 6 which temporarily suspends commercial eviction actions, including lock out and notice to vacate, for tenants who are unable to pay rent as a result of financial hardship caused by the pandemic. Commercial tenants must notify the landlord or property owner in writing “as soon as practicable,” provide supporting documentation of their inability to pay due to temporary hardship, and must acknowledge the contractual terms of the lease remain in effect. The order defines commercial tenants as “any business type that is eligible for the federal Paycheck Protection Program.” The order expires on May 31, 2020.

In recent days, the Governor has also issued a series of executive orders. Executive Order 2020-25 authorizes restaurants licensed or permitted to serve food, to sell grocery items, including paper goods, cleaning supplies, prepared food in bulk, or meat and vegetables, whether or not the items are normally packaged for resale or are raw, as long as certain conditions are met.

Executive Order 2020-24 requires travelers from the New York Tri-State Area (Connecticut, New Jersey, and New York) who arrive in Arizona through any airport, to self-quarantine for 14 days from the time of entry or for the duration of their stay, whichever is shorter. The order remains in effect until expiration of the “Stay Home, Stay Healthy, Stay Connected” order, or upon issuance of another order which lifts the requirements.

Executive Order 2020-23 supplements the data reporting requirements for hospitals which were outlined in Executive Order 2020-13. Hospitals must report certain data surrounding COVID-19 patients and treatment, as well as inventory of medical supplies. The order automatically terminates after 60 days, unless otherwise renewed.

Executive Order 2020-22 requires Nursing Care Institutions, Residential Care Institutions, Intermediate Care Facilities for Individuals with Intellectual Disabilities and Medical Group Homes for Individuals with Developmental Disabilities to immediately ensure compliance with CDC and Centers for Medicare and Medicaid Services infection control guidance. The order requires the facilities and institutions to implement additional protocols to safeguard against transmission of the virus, including, among other things, separating residents who test positive for COVID-19 from COVID-19 unknown residents, and COVID-19 negative residents, and offering electronic visual communication in lieu of in-person visitation if visitation is restricted.

April 5, 2020:

Governor Doug Ducey announced that President Trump, in coordination with the Federal Emergency Management Agency (FEMA), approved Arizona’s request for a Presidential Major Disaster Declaration for the state. The declaration makes available additional federal assets and resources to aid Arizona’s COVID-19 response efforts.

April 3, 2020:

Governor Douglas Ducey made a request to U.S. Secretary of State Mike Pompeo and United States Department of Agriculture (USDA) Secretary Sonny Perdue to assist Arizona’s dairy farmers by finding solutions to restart the international export of Arizona dairy products to Mexico.

Governor Ducey also issued an executive order to allow pharmacists to dispense emergency refills of maintenance medications for a 90-day supply and an additional 90-day supply if needed.

April 2, 2020:

Governor Doug Ducey requested a Presidential Major Disaster Declaration from the federal to pull down necessary federal assets and resources to assist Arizona’s COVID-19 response efforts. Upon approval, the disaster declaration will provide access to expanded mental health care, supplement the efforts of tribal health care workers, provide grants to reduce the risk of loss of life or property during future emergencies, make available legal assistance to low-income Arizonans, expand food assistance and other services to low-income households impacted by COVID-19 and more.

April 1, 2020:

The Shelter in Place order went into effect on March 31 at 5:00 pm, and remains in effect until April 30, 2020 unless otherwise extended.

March 31, 2020:

Governor Ducey issued an Executive Order instituting a “Stay home, Stay health, Stay connected” policy. The order requires individual in Arizona to stay home, except to conduct essential activities, participate in essential governmental functions or essential functions or businesses (as defined in the March 23rd Executive Order), among other things. Individuals are not required to produce documentation or proof of their activities to justify their participation in covered activities, and counties, towns, and cities are prohibited from issuing any rules, regulations, or orders that conflict with this or prior Executive Orders. The order takes effect on March 31, 2020 at 5:00 pm, and remains in effect until April 30, 2020 unless otherwise extended.

Additionally, Governor Ducey and the Superintendent of Public Instruction, Kathy Hoffman, announced Arizona school will remain closed through the end of the school year. Governor Ducey also announced that Arizona banks have agreed to suspend evictions and foreclosures for at least 60 days, and have committed, among other things, to expedite the application and approval of small business loans as part of the federal Paycheck Protection Program established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

(Navajo Nation): The Navajo Office of Environmental Health and Protection Program, Navajo Department of Health, issued a Public Health Emergency Order which extends the stay-at-home order, and imposes an 8:00pm to 5:00 am curfew across the Nation and limits the size of public gatherings, including outdoor funerals. The order urges Essential Businesses which directly serve customers to limit operations between 7:00 pm and 6:00 am. The order remains in effect until rescinded.

March 30, 2020:

(City of Tucson): Mayor Romero’s Proclamation which orders the closure of businesses that are not “Essential Functions” and which issues a stay at home advisory to residents, took effect at 8:00 am on March 28 and continues through April 17, at 11:59 pm unless terminated sooner. The Proclamation orders that businesses that are not “Essential Functions,” defined by Governor Ducey’s March 24th Executive Order, to close to the public. The Order also advises certain other businesses excluded from the Governor’s definition to close to the public.

March 27, 2020:

Governor Ducey announced the state’s largest electrical utilities have agreed not to shut off power during the public health emergency for customers who are unable to pay their utility bill, have agreed to waive penalties, late fees, or interest, and will work with customers to determine payment options and plan selections. Along with the Arizona Department of Environmental Quality, Governor Ducey also announced that emissions testing requirements are waived for vehicle owners who hare 65 years old and older, for one year. Waiver applications for vehicle registration renewals may be submitted online.

Governor Ducey also issued two Executive Orders, one of which aims to increase hospital capacity to prepare for an increase in patients due to COVID-10. The Order includes requirements that licensed hospitals to activate their facility emergency plan, implement triage processes to relieve overburdened emergency departments, optimize staffing levels, and increase bed capacity. The order remains in effect for 180 days unless terminated sooner.

The second Executive Order defers licensing renewal requirements for 6 months, for licenses set to expire between March 1, 2020 and September 1, 2020, unless the requirements can be completed on line. A similar deferment applies to continuing education requirements. The Order also suspends rules that limit or prevent online or alternative learning hours permitted to issue or renew a license, and requires, if certain conditions are met, state agencies and boards to issue provisional licenses to applicants who have otherwise met licensing requirements but are unable to take a required examination due to closure of testing centers or the unavailability of remote testing options.

March 26, 2020:

Governor Ducey announced the state’s largest electrical utilities have agreed not to shut off power during the public health emergency for customers who are unable to pay their utility bill, have agreed to waive penalties, late fees, or interest, and will work with customers to determine payment options and plan selections.

Yesterday, March 25, Governor Ducey issued an Executive Order which expands coverage of telemedicine and requires all health insurance plans regulated by the Arizona Department of Insurance to provide coverage for healthcare services provided through telemedicine if the service would have been covered in an in-person visit. The order also requires Medicaid plans to cover healthcare services that are covered benefits to be accessible by telemedicine. Insurers and Medicaid plans may not discount rates or reduce reimbursement for services provided via telemedicine, as compared to contracted rates for in-person services. The order takes effect on March 25, 2020, and expires when the Public Health Emergency Declaration is terminated.

March 25, 2020:

As of Tuesday, March 24, no state-wide shelter in place orders have been issued.  Governor Ducey issued an Executive Order which delays the enforcement of eviction actions for individuals who are quarantined or facing economic hardship as a result of COVID-19.  The order remains in effect for 120 days. 

March 24, 2020:

Governor Ducey issued an Executive Order which delays the enforcement of eviction actions for individuals who are quarantined or facing economic hardship as a result of COVID-19. The order remains in effect for 120 days.

March 23, 2020:

Without issuing a shelter in place order, Governor Ducey issued an Executive Order outlining the list of “essential services.” Governor Ducey has provided a list of what types of services have been deemed essential, which includes most health care and social assistance, government functions, agriculture, food manufacturing, and repair and maintenance businesses. As of Monday, March 23, no shelter in place orders have been issued for the state, but this Executive Order requires any state-at-home order issued by a county, town, or city to be consistent with advice from the Arizona Department of Health services, and requires that restrictions be coordinated with the State before they are issued.

Governor Ducey also issued an Executive Order requiring hospitals and laboratories to report key information that will inform the Arizona Department of Health’s response to the COVID-19 outbreak.  Absent renewal, the order terminates after 60 days.

March 19, 2020:

Governor Ducey announced the issuance of four executive orders. First, the National Guard was activated to assist grocery stores and food banks with re-stocking shelves in the face of heightened demand. Second, elective surgeries are delayed, to conserve personal protective equipment necessary to test and treat patients with COVID-19. Third, certain restaurants in counties with confirmed COVID-19 cases are required to provide dine-out options only, as well as the closure of all bars in those counties. This order allows restaurants to deliver alcoholic beverages with the purchase of food. Fourth, expiration dates are delayed on driver licenses ensuring residents over the age of 65 do not need to visit Motor Vehicle Division offices to renew their driver licenses during the public health emergency.

March 17, 2020:

(City of Phoenix): Mayor of Phoenix declared a state of emergency and ordered restaurants to close their dining areas immediately and move to takeout service, delivery, and/or curbside service only. Additionally, bars, indoor gyms, fitness clubs, movie theaters are also closed to the public.

(City of Tucson): Mayor of Tucson issued a Proclamation declaring a local emergency and ordered restaurants to close their dining areas immediately and move to takeout service, delivery, and/or curbside service only. Bars, theaters, museums, indoor gyms, fitness centers, and bowling alleys (and other similar recreational or entertainment facilities) are also closed to the public. This Proclamation remains in effect until terminated by Mayor or other proclamation is issued determining that the emergency no longer exists.

March 11, 2020:  

Governor Ducey declared a state of emergency in Arizona, effective March 11, 2020.  The Emergency Declaration may be terminated when the outbreak is resolved, as determined by the Arizona Department of Health Services. Governor Ducey also issued an Executive Order instituting protective measures to be implemented by the Arizona Department of Health Services, Department of Insurance, and Attorney General.

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