Whitmer Issues Five New Executive Orders Related to COVID-19 Crisis

Whitmer Issues Five New Executive Orders Related to COVID-19 Crisis

As you are most likely aware, there is disagreement between the Governor and the Michigan Legislature over her authority to extend emergency/disaster declarations beyond 28 days. Under the Emergency Management Act of 1976, after 28 days, the Governor shall issue an Executive Order or Proclamation declaring that a state of disaster/emergency declaration is terminated unless a request by her for an extension of the declaration for a specific number of days is approved by both houses of the legislature. When negotiations to have a vote of the legislature recently broke down, the Governor terminated her current disaster/emergency Executive Order 2020-33.

The Governor then issued the five new Executive Orders discussed below. Please note: While Executive Order 2020-70 is an update of Governor Whitmer’s “Stay Home, Stay Safe” order, previously Executive Order 2020-59, it does not change the suspension of activities that are not necessary to sustain or protect life when it comes to chiropractic practices. It also does not change our interpretation of the “Stay Home, Stay Safe” order.

It is expected that the Governor will extend the “Stay Home, Stay Safe” order – most likely with some loosened restrictions – in the days or weeks ahead, but there has been no official word on how or when this will occur.

Executive Order 2020-66 terminated the existing state of emergency and disaster, Executive Order 2020-33. It was set to expire at midnight yesterday.
Executive Order 2020-67 states that Michigan remains under a state emergency via the Emergency Powers of the Governor Act of 1945 through May 28. A state of emergency with no time limit had previously been declared under this law and there is no requirement that the Michigan Legislature approve any extension.
Executive Order 2020-68 declares a new state of emergency and disaster under the Emergency Management Act through May 28.
Executive Order 2020-69 extends the limitations to places of public accommodation – bars, restaurants, theaters, casinos etc., as well as “facilities offering non-essential personal care services” – until May 28th.
Executive Order 2020-70 is an update of the previous “Stay Home, Stay Safe” order that allow resumption of some types of work that present a very low risk of infection, including construction, real-estate activities, and work that is traditionally and primarily performed outdoors, on May 7th.

How Do These Orders Affect Chiropractors?

After examining these orders, including the update of the “Stay Home” order, we believe that nothing changes from our previous guidance. EO 2020-70 continues to prohibit in-person work that is not “necessary to sustain or protect life.”

Chiropractic physicians are considered “Essential Critical Infrastructure workers in healthcare/public health.” It is the opinion of the MAC that you need to utilize your clinical judgment regarding what chiropractic care is necessary to follow this broad requirement (“sustain and protect life”). What care is needed to help keep patients from the dangers of going to emergency rooms because of pain and other serious issues, and/or away from dangerous opioids, is important for the doctor to determine. Your clinical judgment is key to how your care will keep patients safe and healthy. Documentation is key! We highly recommend that you carefully document that your care is necessary to avoid someone going to the emergency room or using dangerous drugs and necessary to sustain or protect life.

The MAC also continues to HIGHLY RECOMMEND DOCTORS FOLLOW ALL SUGGESTED CDC PREVENTION AND SAFETY PRECAUTIONS (information is available on our website), and that you curtail all marketing initiatives regarding the provision of wellness care until further notice.

We are working hard to provide all facts and make appropriate recommendations. Our recommendations are from the MAC as our opinion on best practices during this crisis and to help doctors follow legal directives.

Michigan Legislature Moves to Curb Governor’s Powers

Yesterday the Michigan Legislature also approved a bill that would have required the Governor to get approval from both chambers to extend such an emergency/disaster declaration for more than 28 days. Governor Whitmer has said she will veto this bill.

And, the Legislature passed a bill yesterday that would allow bars, restaurants and other similar businesses shuttered in mid-March to open on May 16. It would also require social distancing and personal protective equipment for the next month. We assume Whitmer will also veto this.

The Legislature also authorized Senate Majority Leader Mike Shirkey (R-Clarklake) and Speaker of the House Lee Chatfield (R-Levering) to file a lawsuit against the governor if she decided to extend the state of emergency. This sets up a potential legal battle in the coming weeks. Stay tuned for more information as it becomes available.

Disclaimer: The Michigan Association of Chiropractors is a professional association advocating for the rights of chiropractors and their patients across the state of Michigan. We are NOT a state agency or regulatory body. We are merely informing our membership regarding what they are allowed to do during this difficult and confusing time.

The information we provide during this pandemic is derived in conjunction with our governmental relations and legal experts, developed after examination of all official releases of information from the State of Michigan and in consultation with said experts and representatives from state government. Please refer to our emails and website for the latest information, free from speculation and the rumors currently circulating in the wake of official state actions.

Rest assured that we will continue to advocate for the profession at the highest levels, with the health and well-being of you and your patients, as well as the overall stability of the health care system, foremost in our efforts.