ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 2436

STATE OF NEW JERSEY

DATED:  JUNE 26, 2020

      The Assembly Appropriations Committee reports favorably Senate Bill No. 2436 (1R).

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

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

      (2)  the place of manufacture provides reasonable assurance prior to or at the time of shipment that the test is genuine; and

      (3)  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.

      Under the amended bill, if an individual tests positive for COVID-19 using a test administered by a pharmacist, 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 on self-isolation guidance and provide the individual with any necessary resources, such as 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 or contact the patient’s health care provider.

      The amended bill revises P.L.2020, c.7, which concerns health benefits and Medicaid coverage for COVID-19 testing, to provide that coverage extends to tests ordered and administered by pharmacists under the bill. 

      As reported by the committee, Senate Bill No. 2436 (1R) is identical to Assembly Bill No. 4012, which was reported by the committee on this date with committee amendments.

FISCAL IMPACT:

      This bill is not certified as requiring a fiscal note.