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Emergency Rules and Temporary Licensure FAQs for Nursing and CNAs
The Division Director of the Division of Professions and Occupations at DORA adopted Emergency Rules regarding temporary Nurse and CNA licensure and waiver of certain education rules pursuant to Executive Order 2020- 038, which was amended, restated and extended through Executive Order 2020-158, and amended and extended through Executive Order 2020-271 on December 3rd, 2020. Below are some frequently asked questions on the effects of the Orders for professionals, students and other stakeholders.
What are the current emergency rules surrounding temporary nursing and CNA licenses? Pursuant to Board of Nursing Rule 1.26 (c) the State Board of Nursing may issue a temporary license to:
- an applicant that is a graduate of an approved nursing or CNA program who meets all qualifications for licensure with the exception of completing the required exam;
- an applicant that holds an active, unrestricted license, in good standing, in a non-compact state; and
- a CNA applicant for reinstatement who meets all criteria for reinstatement with the exception of completing the required skills examination.
The intent of these emergency rules is to implement the Executive Order (Order) by expanding our healthcare workforce during the COVID-19 pandemic. Applicants who are issued a temporary license under these rules must be under direct supervision of a licensed nurse in good standing with the Board of Nursing.
What are the timelines for temporary licenses that have been issued, and how long are they effective?
Professional and Practical Nurses
- Temporary licenses issued between May 1st and August 20th, 2020, are effective from the date of issuance through December 31, 2020. After this date, the person must cease practice until a full license is granted or another temporary license has been issued. A person may apply for another temporary license that expires 60 days after the applicant is scheduled to sit for their examination, provided certain Board requirements are met.
- Temporary licenses issued between August 30th, 2020 and December 7, 2020, are effective from the date of issuance through March 31, 2021. After this date, the person must cease practice until a full license is granted or another temporary license has been issued. A person may apply for another temporary license that expires 60 days after the applicant is scheduled to sit for their examination, provided certain Board requirements are met.
- Temporary licenses issued on or after December 7, 2020 are effective from the date of issuance through June 30, 2021. If a full license has not been issued by July 1, 2021, the temporary licensee must cease practice until a fill license is granted or another temporary license has been issued.
Certified Nurse Aides
- Temporary licenses issued between May 1st and August 20th, 2020, are effective from the date of issuance through December 31, 2020. After this date, the person must cease practice until a full license is granted or another temporary license has been issued. A person may apply for another temporary license that expires 60 days after the applicant is scheduled to sit for the required examinations, provided certain Board requirements are met. The applicant must attest that the applicant has registered for the next available written examination and will register for the required skills examination within 60 days of availability in the applicant’s regional area. Please note, Pearson Vue is currently providing the written exam portion of the Certified Nurse Aide Exam through computer based testing (CBT), and the skills portion is scheduled to begin in January, 2021. Visit the Pearson Vue testing website for more information.
- Temporary certificates issued between August 30th, 2020 and December 7, 2020, are effective from the date of issuance through March 31st, 2021. After this date, the person must cease practice until a full certificate is granted or another temporary certificate has been issued. A person may apply for another temporary certificate that expires 60 days after the applicant is scheduled to sit for their examination, provided certain Board requirements are met. The applicant must attest that the applicant has registered for the next available written examination and will register for the required skills examination within 60 days of availability in the applicant’s regional area.
- Temporary licenses issued on or after December 7, 2020 are effective from the date of issuance through June 30, 2021. If a full license has not been issued by July 1, 2021, the temporary licensee must cease practice until a fill license is granted or another temporary license has been issued.
What does this mean for those with temporary licenses that expire on December 31st?
Temporary licensees or certificants with a temporary license or certificate that expires on December 31st must cease practice on January 1, 2021 if they have not obtained a full license or additional temporary license by that time.
How long will the suspension of the current nurse and CNA education requirements be in effect?
Emergency Rules, effective December 7, 2020, suspend certain educational requirements to allow nursing and CNA students to complete their hours via simulated training for 120 days or until the expiration of the Executive Orders. The Board understands this may be a challenge to those educational facilities hoping to set their curriculum in the coming semesters. However, the Board only has authority to keep these in-person requirements suspended as long as the state of emergency and Executive Order remain in effect. Communications will be sent to licensees, educational institutions, and other stakeholders if there is a change, extension or expiration of the Order.
How should nurse educational facilities plan accordingly for the next semester?
Educational facilities should be prepared to be flexible and accommodating with quickly-evolving rule changes and requirements. While the current suspension of in-person requirements remains in effect, this may change with either the expiration or termination of the current Order, or they may continue if the Order is amended to be reinstated. Facilities should be aware that changes to the regulations may happen quickly. Therefore, flexibility, accommodations and back-up planning for student learning are paramount in today’s COVID-19 environment.
Why can’t the State Board of Nursing extend the timeline for temporary licenses and suspended in-person educational requirements?
The Board, along with many other state agencies in Colorado, are operating in a very fluid, dynamic situation because of the current COVID-19 challenges. Under these circumstances, the Board only has authority to extend these allowances within the existing Order. The Board cannot legally change these requirements or timelines without an extension or amendment to Executive Order 2020-158. As situations evolve and changes are necessary, the Board will continue to provide timely and up-to-date information on respective rule changes that affect schools, students, licensees and the larger nursing community in Colorado.
Where can I get more information about the Executive Order and the Emergency Rules?
More information can be found by visiting the Division of Professions and Occupations’ COVID-19 Emergency Regulations website here. Additionally, we encourage all nursing and healthcare professionals to review the State of Colorado’s COVID-19 healthcare provider guidance page for information on COVID-19 safety guidelines for practitioners. For additional questions or concerns, please contact DPO@state.co.us
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