Lead: On January 9, 2026 Governor Kathy Hochul declared a State Disaster Emergency for Bronx, Nassau and New York counties and their contiguous counties, effective through February 8, 2026, citing imminent nursing strikes and record-high influenza hospitalizations. The order finds that hospitals in the named counties and neighboring jurisdictions face severe staffing shortages that threaten public health and safety. It directs state agencies to implement the State Comprehensive Emergency Management Plan and temporarily suspends or modifies specified licensure, registration, credentialing, and contracting rules to allow auxiliary staffing, cross-jurisdictional practice, and emergency procurement. The action is aimed at supplementing clinical and support personnel quickly to preserve critical care capacity during the surge.
Key Takeaways
- The declaration takes effect January 9, 2026 and remains in force through February 8, 2026, covering Bronx, Nassau, New York and contiguous counties.
- The order cites imminent nursing personnel strikes and record-high influenza cases and hospitalizations as primary drivers of acute staffing shortfalls.
- State law and NYCRR provisions (including Education Law sections 6512–6516, 6524, 6502 and multiple Title 8 parts) are temporarily suspended as needed to permit out-of-state and certain international clinicians to practice without New York licensure penalties.
- Graduates of State Education Department licensure-qualifying nurse practitioner, registered nurse, and LPN programs may be employed for up to 180 days after graduation under specified supervisory and application requirements.
- The order authorizes limited changes to State Finance Law and Public Buildings Law procurement rules to expedite emergency contracts, leases, and purchases, including use of federal GSA schedules and cooperative contract vehicles.
- Public Health and Emergency Medical Services rules are modified to allow EMTs, Advanced EMTs and certain paramedics to provide expanded services, including vaccinations under non-patient-specific orders with Department of Health approval.
- Criminal history background check rules for some outpatient and community-based mental health programs are relaxed to allow provisional employment under direct supervision while checks are pending.
Background
The Executive Order responds to converging pressures on hospital staffing in early January 2026. Hospital systems in Bronx, Nassau and New York counties anticipated imminent strikes by nursing personnel, which state officials said would sharply reduce available bedside staff. Those shortfalls coincided with a recent surge in influenza cases and related hospitalizations that officials described in the order as “record-high in recent weeks,” increasing demand for inpatient and emergency services.
New York’s emergency powers statute (Article 2-B of the Executive Law) authorizes the governor to declare a disaster emergency when local governments cannot adequately respond. Historically, governors have used similar emergency declarations to temporarily relax licensure and staffing rules during natural disasters, hurricanes, or public-health surges so facilities can rapidly augment clinical teams. Hospitals, unions, state health agencies and local governments are the primary stakeholders affected by the measures in this order.
Main Event
By executive action dated January 9, 2026, the governor found that a disaster was imminent and issued a declaration covering the named counties and those contiguous to them. The order directs implementation of the State Comprehensive Emergency Management Plan and authorizes State agencies to assist affected local governments and individuals. It further invokes statutory authority (Section 29-a of Article 2-B) to temporarily suspend or modify statutes, local laws, rules, or regulations that would hinder response activities through February 8, 2026.
The text enumerates specific suspensions and modifications. Among them are Education Law sections 6512–6516 and 6524 and Part 60 of Title 8 of the NYCRR to permit physicians licensed in other U.S. states or approved foreign jurisdictions to practice in New York without civil or criminal penalty for lack of New York licensure. Similar provisions are activated for registered nurses, licensed practical nurses, nurse practitioners, physician assistants, clinical nurse specialists and other substantially similar titles licensed in other U.S. states, Canadian provinces, or other approved countries.
The order also allows graduates of State Education Department-registered, licensure-qualifying nurse practitioner and nurse programs to practice under employment for up to 180 days immediately following graduation, provided application or supervisory conditions are met. It temporarily adjusts mental health program hiring rules to permit provisional service by applicants not yet cleared on the Staff Exclusion List, subject to direct supervision. Public Health Law and NYCRR sections are modified to permit EMTs and certain paramedics to deliver emergent and non-emergent services within their scope, including authorized vaccinations under defined conditions.
Analysis & Implications
Operationally, the order aims to increase clinical capacity quickly by expanding the pool of permissible practitioners. Allowing out-of-state and approved international clinicians to practice without immediate New York licensure removes a common administrative bottleneck during urgent shortfalls. This can translate into faster onboarding and redeployment of clinicians to emergency departments, intensive care units and inpatient wards facing staffing gaps.
Legally, the temporary suspension of licensure and registration requirements raises supervision, credentialing, malpractice liability and pay-rate questions that hospitals and contracting entities must reconcile. The order retains credentialing and privileging requirements where possible, and it ties some expansions (for example, paramedic vaccination authority) to Department of Health conditions, which preserves a measure of clinical oversight.
From a labor-relations perspective, the measure addresses immediate patient-safety risks but does not resolve the underlying disputes that lead to strikes. Use of temporary staff and out-of-jurisdiction clinicians can mitigate capacity shortfalls but may affect bargaining dynamics, continuity of care and institutional knowledge. For patients, the priority is maintaining safe staffing levels; for unions and clinicians, longer-term workforce stability depends on negotiations and systemic workforce investments.
Comparison & Data
| Item | Detail |
|---|---|
| Effective period | January 9, 2026 – February 8, 2026 |
| Primary counties covered | Bronx, Nassau, New York (Manhattan) + contiguous counties |
| Graduate practice allowance | Up to 180 days post-graduation with conditions |
| Key statutes temporarily modified | Education Law sections 6502, 6512–6516, 6524, 6905–6911; Public Health Law sections noted; NYCRR Parts 60, 64, 59.8, others |
The table summarizes the order’s principal parameters: a 30-day emergency window, explicit county coverage, a 180-day allowance for recent graduates, and a listing of the major statute and regulation blocks cited for temporary modification. These changes are targeted to accelerate staffing, credentialing and procurement; their practical effect depends on how quickly hospitals identify and onboard permitted personnel and how the Department of Health implements associated conditions.
Reactions & Quotes
State officials framed the order as a necessary, time-limited measure to protect patients while hospitals and labor parties work toward resolution. Hospital systems and public-health leaders typically welcomed rapid staffing flexibility in similar situations, while labor representatives emphasize negotiation and worker protections as parallel priorities.
“I hereby declare a State Disaster Emergency effective January 9, 2026 for the counties of Bronx, Nassau, New York, and contiguous counties.”
Executive Order No. 56 — Governor Kathy Hochul (official text)
The order itself lists specific suspensions and modifications to education, public health and finance laws to enable rapid augmentation of clinical staff and procurement. State agencies were instructed to activate emergency management plans and take actions necessary to support affected hospitals and communities.
“I hereby temporarily suspend or modify . . . the following laws and requirements in the affected hospitals . . . to the extent necessary to allow physicians licensed and in current good standing in any state in the United States to practice medicine in New York State without civil or criminal penalty related to lack of licensure.”
Executive Order No. 56 — Governor Kathy Hochul (official text)
Unconfirmed
- The executive text includes a reference authorizing State agencies “effective January 9, 2025,” which conflicts with the January 9, 2026 effective date cited elsewhere; the reason for that date discrepancy is not confirmed in the order text.
- The order refers to “contiguous counties” but does not enumerate them in the published text; the exact list of contiguous counties affected is not specified in the order itself.
Bottom Line
The governor’s January 9, 2026 Executive Order No. 56 creates a 30-day, narrowly tailored emergency framework to address immediate hospital staffing shortfalls in Bronx, Nassau, New York and neighboring counties amid an influenza surge and the prospect of nursing strikes. It primarily does so by temporarily easing licensure, registration and procurement rules to speed the arrival and deployment of clinicians and emergency resources.
While the order should help avert immediate capacity failures, it is a stopgap mechanism: sustaining workforce stability will depend on labor negotiations, recruitment and retention efforts, and operational execution by hospitals and state agencies. Observers should watch for Department of Health implementing guidance, the list of contiguous counties affected, and any extensions or additional measures if shortages persist beyond February 8, 2026.
Sources
- Executive Order No. 56 (Official — Governor of New York, published January 9, 2026)