New Hampshire Governor Issues Additional COVID-19 Emergency Orders

On Monday, March 23, 2020, Governor Sununu issued an additional six emergency orders as part of the state’s efforts to respond to COVID-19.  Governor Sununu has now issued 16 orders since he declared a state of emergency on March 13, 2020.  Please view our previous Alert for orders 1-10.

The new orders address a variety of issues impacting businesses and health care providers, among others.  They include electronic notarization, public access to meetings, in-state and out-of-state pharmacies/pharmacists, out-of-state medical providers, and gatherings and food and beverage sales.

The following is a summary of and links to New Hampshire Emergency Orders 11-16

Emergency Order 11: Electronic Notarization

  • Temporarily authorizes a notarial officer commissioned under New Hampshire law to perform secure remote online notarization.

Emergency Order 12: Public Access to Meetings

  • Physical presence of quorum of a public body is waived for public meetings, and public access to meetings may be provided by telephone, video, or other electronic means.

Emergency Order 13: Pharmacists and Pharmacies

  • Temporary allowance for New Hampshire pharmacists and pharmacies to compound and sell hand sanitizer over the counter and to allow pharmacy technicians to perform non-dispensing tasks remotely.

Emergency Order 14: Out-of-State Pharmacies

  • Temporary allowance for out-of-state pharmacies to operate as if they were licensed as a mail-order pharmacy within the state.

Emergency Order 15: Out-of-State Medical Providers

  • Temporary allowance for any out-of-state medical provider to provide medically necessary services through telehealth as if the medical provider were licensed to perform such service within the state.

Emergency Order 16: Scheduled Gatherings (supersedes Executive Order 2)

  • Prohibits scheduled gatherings of 10 or more people for “social, spiritual and recreational activities” including: community, civic, public, leisure, faith-based, sporting events, parades, concerts, festivals, conventions, and fundraisers.
  • This prohibition does not apply to general court, profit, or nonprofit organizations and state government, or gatherings for urgent medical purposes (blood drives or meetings of medical personnel to discuss efforts to combat COVID-19).

For questions on these latest emergency orders, or for guidance and counsel on how these orders will affect your business, please contact New Hampshire-based partners Mark Rosen or Suzanne King, or any member of Pierce Atwood’s New Hampshire office. 

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