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Ex. AL-052 Order Primary source read

Proclamation by the Governor: State of Emergency (COVID-19), August 13, 2021

New state public health emergency for COVID-19 (Delta surge): health-care workforce and hospital capacity measures; FMCSA hours-of-service waiver; emergency procurement

Governor Kay Ivey · Alabama (State)

The COVID Project

The record

Jurisdiction
Alabama
Level
State
Authority
Ala. Code §§ 31-9-1 et seq., § 31-9-8; 49 C.F.R. § 390.23
Issued
2021-08-13 Aug. 13, 2021
Effective
2021-08-13
End
extended October 8, 2021 through 11:59 p.m. October 31, 2021 (Ex. AL-053) (read as 2021-10-08)
In force
Aug. 13, 2021 to Oct. 8, 2021
Quarters
2021 Q3
Limitation types
Emergency declarationHealth care ordersSupply chain
Addressees
  • hospitals (general acute care, critical access and specialized)
  • CRNPs, CNMs, PAs, CRNAs and AAs
  • State licensing boards
  • motor carriers
  • state agencies and local awarding authorities
Functions reached
  • IP inpatient surge capacity
  • HR credentialing and supervision of advanced-practice clinicians
  • SC emergency freight (hours-of-service waiver)
  • OP procurement
Collection
Alabama AL

Operative words

WHEREAS, in the approximately five weeks since the termination of the original COVID-19 public health emergency, COVID-19-related hospitalizations in Alabama have climbed from 235 (as of July 6, 2021) to 2,441 (as of August 12, 2021) -- more than 10 times as many;... WHEREAS, as of August 12, 2021, 95 percent of beds in intensive care units in Alabama hospitals were occupied... I, Kay Ivey, Governor of the State of Alabama, on the recommendation of the State Health Officer... do hereby declare that a state public health emergency exists in the State of Alabama... I. Cutting red tape for healthcare providers. To accommodate surging numbers of COVID-19 patients requiring treatment in hospitals, I find that it would promote the safety and protection of the civilian population to adopt measures that expand the capacity of the healthcare workforce... VI. Waiver of certain federal hours-of-service requirements. Pursuant to 49 C.F.R. § 390.23, this declaration of a state of emergency facilitates a waiver of certain regulations of the U.S. Department of Transportation Federal Motor Carrier Safety Administration... FURTHER, to the extent a provision in this supplemental proclamation conflicts with any provision of state law, that provision of state law is hereby suspended for the duration of this state of emergency

Enforcement

Ala. Code § 31-9-13; conflicting State law suspended

Notes

A Q3 2021 State instrument in force from August 13 through September 30, 2021: it recites the State's own finding that the pandemic 'persists... taxing Alabama hospitals' and suspends State law for hospitals. Hospitals; home care; logistics.

Retrieval note

OCR read in full (6 pages); Governor's copy at governor.alabama.gov/assets/2021/08/2021-08-13-State-of-Emergency-COVID-19.pdf.