Executive Order, No. 2020-5 [No longer effective]:
Temporary Prohibition on Large Assemblages and Events,
Temporary School Closures
Q: Is child care required to closed?
A: No. Child care is excluded under section (2) of the Executive Order, regardless of whether or not the facility is attached to a school.
Executive Order, No. 2020-7:
Temporary Restrictions on entry into health care facilities, residential care facilities, congregate facilities, and juvenile justice facilities
Q: Are physician-owned medical practices subject to Executive Order 2020-7?
A: Any place that offers healthcare services is considered a healthcare facility and is subject to Executive Order 2020-07.
Q: Are home health workers subject to Executive Order 2020-7?
A: If a home health worker is necessary for “the provision of medical care or the support of activities of daily living,” and is seeking entry into a health care facility, residential care facility, congregate facility, or a juvenile justice facility, then they may enter the facility as long as they have a health evaluation completed upon entry as provided in the Executive Order.
Otherwise, if a home health care worker is seeking entry into a home for the purposes of medical treatment, they would not be subject to this executive order.
Q: What does “in contact with” mean for health care workers who are treating COVID-19+ patients?
A: Contact for the purposes of healthcare exposures is defined as follows: a) being within approximately 6 feet (2 meters), of a person with COVID-19 for a prolonged period of time (such as caring for or visiting the patient; or sitting within 6 feet of the patient in a healthcare waiting area or room); or b) having unprotected direct contact with infectious secretions or excretions of the patient (e.g., being coughed on, touching used tissues with a bare hand).
Q: Can the partner and or doula of a laboring mother be allowed to accompany her during admission for labor and for a period after birth, so long as that individual successfully passes the health evaluation?
A: Yes, labor qualifies as an exigent circumstance under this order. Therefore, a partner and doula may accompany a laboring mother, if they pass the health evaluation required by section 2.
Q: Does this executive order apply to medical and nursing students?
A: They are not prohibited from entry under section (1) of this order but are subject to the requirements of section (2).
Q: What are residential facilities for the purposes of Executive Order 2020-7?
A: Homes for the aged, nursing homes, adult foster care, hospice, substance abuse disorder residential facilities, independent living facilities, and assisted living facilities are all subject to this Executive Order.
Executive Order, No. 2020-9:
Temporary restrictions on the use of places of public accommodation
Q: Whether Executive Order 2020-9 applies to cigar bars and hookah lounges such that they cannot permit on-site consumption of tobacco products by patrons
A: The Executive Order specifically prohibits on-site consumption at hookah bars, cigar bars, and vaping lounges per section 1(c).
Q: Does this Executive Order prohibit drive-in movie theatres from being open?
A: The Executive Order prohibits all theatres from being open, including drive-in movie theatres.
Q: Are all libraries closed?
A: All libraries are closed including college and university libraries.
Q: Do funeral homes have to close?
A: No. Funeral homes are not covered under this Executive Order.
Q: Does this Executive Order apply to salons (hair and/or nails) or barber shops?
A: At this time, hair and/or nail salons and barber shops are not included in the prohibitions of this Executive Order. Although spas are included, salons attached to spas are permitted to stay open.
Q: Can golf courses and clubs remain open?
A: Golf courses are allowed to stay open for play. Indoor facilities like clubhouses or restaurants must close for on-premises consumption, but may continue to offer food and beverage through walk-up service and other means expressly permitted by the Executive Order.
Q: Can gyms that offer service by private appointment remain open?
A: All gyms are included in the definition of public accommodation under this Executive Order and are closed to ingress, egress, use, and occupancy by members of the public, including for private appointments.
Q: Are transit employees, first responders, mail carriers, and sanitation workers considered members of the public under Executive Order 2020-09?
A: For purposes of Executive Order 2020-9, transit employees, police officers, fire fighters, emergency medical technicians, mail carriers, and sanitation workers entering an open place of public accommodation are not “members of the public” if they are on duty and entering solely for the purpose of using restroom facilities.
Executive Order, No. 2020-10:
Temporary Expansions in Unemployment Eligibility and Cost-sharing
Q: Does the Executive Order apply to tipped workers?
A: Yes. Pursuant to the Employment Security Act and this Executive Order, tipped workers who become unemployed or take a leave of absence as specified in this Executive Order are eligible for unemployment benefits.
Executive Order, No. 2020-11:
Temporary prohibition on large assemblages and events, temporary school closures
A place of religious worship is not subject to penalty under section 3 of Executive Order 2020-11.
Executive Order, No. 2020-17:
Temporary restrictions on non-essential medical and dental procedures
Q: Does this order prevent a licensed medical provider from performing an outpatient procedure if the provider determines that doing so is necessary to preserve the health and safety of the patient?
A: Under the order, licensed medical providers have the responsibility to use their best clinical judgment to determine whether procedures are necessary to preserve the health and safety of their patients, such that the procedures should not be postponed. Postponement plans adopted by facilities under the order must allow for this exercise in judgment, consistent with the terms of the order.
Executive Order, No. 2020-20:
Temporary restrictions on the use of places of public accommodation
Q: Whether Executive Order 2020-20 applies to cigar bars and hookah lounges such that they cannot permit on-site consumption of tobacco products by patrons
A: The Executive Order specifically prohibits on-site consumption at hookah bars, cigar bars, and vaping lounges per section 1(c).
Q: Does this Executive Order prohibit drive-in movie theatres from being open?
A: The Executive Order prohibits all theatres from being open, including drive-in movie theatres.
Q: Are all libraries closed?
A: All libraries are closed including college and university libraries.
Q: Do funeral homes have to close?
A: No. Funeral homes are not covered under this Executive Order.
Q: Can gyms that offer service by private appointment remain open?
A: All gyms are included in the definition of public accommodation under this Executive Order and are closed to ingress, egress, use, and occupancy by members of the public, including for private appointments.
Q: Are transit employees, first responders, mail carriers, and sanitation workers considered members of the public under Executive Order 2020-20?
A: For purposes of Executive Order 2020-20, transit employees, police officers, fire fighters, emergency medical technicians, mail carriers, and sanitation workers entering an open place of public accommodation are not “members of the public” if they are on duty and entering solely for the purpose of using restroom facilities.
Executive Order, No. 2020-21:
Temporary requirement to suspend activities that are not necessary to sustain or protect life
Q: Is bottle return an essential service?
A: Although bottle return services are often located within grocery and convenience stores, they are not considered critical infrastructure. There will be no change in the deposit collected at the time of purchase during this temporary suspension of bottle return services.
?Q: Does in-person work that is essential to sustain or protect human life also include in-person work to prevent severe psychological harm?
A: Yes
Q: Are car dealerships open?
A: Auto sales are closed, but auto repair and maintenance can remain open subject to the limitations in section 5 of Executive Order 2020-21.
Q: Are childcare workers considered critical infrastructure employees?
A: Childcare workers are considered critical infrastructure workers but only to the extent necessary to serve the children or dependents of critical infrastructure workers as defined in Executive Order 2020-21
Q: How does this order impact custody agreements / how does this order impact parent’s visits with their children placed in foster care?
A: Individuals may also travel as required by law enforcement or a court order, including the transportation of children pursuant to a Friend of the Court custody agreement under section 7 (b) (3) of this order. Court ordered parent child visits related to a child custody arrangement continue but these visits need not always be in person. Alternatives including telephone and videoconference are acceptable.
Visits between a child and parent while a child resides in foster care are limited to telephone and videoconference or other technology. Limited exceptions can be made if there is risk of severe psychological harm. Exceptions must be approved by the Executive Director of the Children’s Services Agency. In person visits at a Child Caring Institution need not occur unless a court order requires in-person contact to occur and if it can be safely facilitated.
Q: Are bicycle shop employees considered critical infrastructure for purposes of Executive Order 2020-21?
A: In general, no. Workers at bicycle repair shops can be designated as critical infrastructure workers only if they provide maintenance for bicycles that other critical infrastructure workers use to get to their jobs. We expect that this condition will be satisfied very rarely.
Q: Are people who repair homes considered critical infrastructure employees for the purposes of Executive Order 2020-21?
In general, yes. Under the order, critical infrastructure workers include workers “who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences.” To the extent your workers perform jobs that are necessary to the safety, sanitation, and operation of homes, they may be designated as critical infrastructure workers.
