UPDATE As you know, Governor Newsom issued an Executive Order on Thurs, March 19, that mandated, with some exceptions, that “all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors.” The list of essential critical infrastructure workers, which was last modified in the evening of March 22, outlined several health-related fields that had been deemed “critical” and could therefore continue operation with proper social distancing protocols observed. Two provisions touched on the life sciences most specifically: Workers providing COVID-19 testing; Workers that perform critical clinical research needed for COVID-19 response. Manufacturers, technicians, logistics and warehouse operators, and distributors of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, personal care/hygiene products, and tissue and paper towel products. BIO, Biocom, CLSA, and PhRMA have received many inquiries as to the applicability of these provisions to pre-clinical or non-manufacturing facilities not involved in COVID-19 work. The fact that local orders in the Bay Area and Los Angeles that preceded the statewide order had clear and specific exemptions for life science companies has compounded the confusion. We understand the order can be interpreted as ambiguous. We encourage you to consult appropriate counsel for an applicable interpretation for your company. Please know the associations have been and continue to work diligently in a closely coordinated effort to try to secure a clarification from the administration insuring that all life science facilities can continue operation, as their work may be instrumental in addressing the next public health crisis. Please contact Jimmy Jackson if you have further questions.
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