SENATE, No. 2436

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED MAY 7, 2020

 


 

Sponsored by:

Senator VIN GOPAL

District 11 (Monmouth)

Senator LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Senators T.Kean and Singleton

 

 

 

 

SYNOPSIS

Authorizes pharmacists to order and administer test for coronavirus disease 2019 (COVID-19) consistent with federal guidance.

 

CURRENT VERSION OF TEXT

As introduced.


An Act concerning testing for coronavirus disease 2019.

 

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

1. a. Notwithstanding any other provision of law to the contrary, consistent with federal guidance and waivers, a pharmacist licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.) shall be authorized to order or administer to any person any test for the coronavirus disease 2019 (COVID-19) that the federal Food and Drug Administration has authorized for use, provided that:

(1) the manufacturer of the test is registered with the federal Food and Drug Administration and is included in the Establishment Registration and Device Listing database maintained by the federal Food and Drug Administration;

(2) a statistically significant number of samples of the test have been independently evaluated within the United States for reliability;

(3) the place of manufacture provides reasonable assurance prior to or at the time of shipment that the test is genuine and conforms to the specifications of the samples that have been found to be reliable as described in paragraph (2) of this subsection; and

(4) the pharmacy practice site distributes personal protection equipment to all pharmacy staff and establishes protocols and procedures to ensure that all persons presenting at the pharmacy for any reason, including to request testing for COVID-19, maintain social distancing appropriate to prevent transmission of COVID-19.

b. If an individual tests positive for COVID-19 using a test administered by a pharmacist pursuant to subsection a. of this section, the pharmacist shall advise the patient to self-isolate at home for at least 14 days and provide the individual with a copy of the COVID-19 Home Care Guide, except that, if the patient is a member of a group that is at high risk for health complications from COVID-19 or is experiencing symptoms of a severe adverse reaction to COVID-19, the pharmacist shall advise the patient to promptly seek treatment at a hospital. The pharmacist shall ensure compliance with all other State and federal requirements concerning a positive test for COVID-19, including applicable reporting and data collection requirements.

c. The Board of Pharmacy may extend the authority to order and administer COVID-19 tests to any other professional subject to licensure or oversight by the board.

 

2. This act shall take effect immediately.

STATEMENT

 

This bill allows licensed pharmacists, consistent with federal guidance and waivers, to order or administer to any person any test for the coronavirus disease 2019 (COVID-19) that the federal Food and Drug Administration has authorized for use. Specifically, the bill requires that:

(1) the manufacturer of the test be registered with the federal Food and Drug Administration (FDA) and is included in the FDAs Establishment Registration and Device Listing database;

(2) a statistically significant number of samples of the test have been independently evaluated within the United States for reliability;

(3) the place of manufacture provides reasonable assurance prior to or at the time of shipment that the test is genuine and conforms to the specifications of the samples that have been found to be reliable; and

(4) the pharmacy practice site distributes personal protection equipment to all pharmacy staff and ensures that policies and protocols are in place to ensure all people presenting at the pharmacy for any reason maintain a level of social distancing appropriate to prevent the transmission of COVID-19.

If an individual tests positive for COVID-19 using a test administered by a pharmacist under the bill, the pharmacist will be required to ensure compliance with all State and federal requirements concerning a positive test for COVID-19, including reporting and data collection requirements. Additionally, the pharmacist will be required to advise the patient to self-isolate at home for at least 14 days and provide the individual with the COVID-19 Home Care Guide. However, if the patient is a member of a group that is at high risk for health complications from COVID-19 or is experiencing symptoms of a severe adverse reaction to COVID-19, the pharmacist will be required to advise the patient to promptly seek treatment at a hospital.

The Board of Pharmacy may extend the authority to order and administer COVID-19 tests under the bill to any other professional subject to licensure or oversight by the board.