S2436 —

2020, c.101 (S2436 2R) §1CHAPTER -101 C.45:14-67.8   P.L.An Act concerning testing for  COVID-19 or COVID-19 antibodies and amending P.L.2020, c.7 .

2020, CHAPTER 101, approved September 30, 2020 Senate, No.

2436 (Second Reprint)     An Act concerning testing for 2[coronavirus disease 2019] COVID-19 or COVID-19 antibodies2 1and amending P.L.2020, c.71 .

      C.45:14-67.8  1.   Pharmacists 1(Newauthorized section)1to a.provide testing for COVID-19, certain circumstances.

1[Notwithstanding     any1. other provision of law to the contrary, consistent] 2[Consistent1 with federal guidance and waivers, a] A2 pharmacist licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.) shall be authorized to order 1[or] and1 2[administer] cause to be administered2 to any person any test for the 2[coronavirus disease 2019] SARS-CoV-22 (COVID-19) 2or COVID-19 antibodies2 that the federal Food and Drug Administration 2[has authorized for use] granted emergency use authorization or approval2 , provided that:

a.

A pharmacist licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.) shall be authorized to order  and  cause to be administered to any person any test for the  SARS-CoV-2 (COVID-19) or COVID-19 antibodies that the federal Food and Drug Administration  granted emergency use authorization or approval , provided that:

     (2)   1[athe statisticallyplace significantof numbermanufacture ofprovides samplesreasonable ofassurance theprior testto haveor beenat independentlythe evaluatedtime withinof theshipment Unitedthat Statesthe fortest reliability;is genuine;

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and      1[(4)]For (3)1 the pharmacypurposes practiceof sitethis distributessection, personalcausing protectiona equipmenttest to allbe pharmacyadministered staffshall andinclude establishescollecting protocolsa andspecimen, proceduresor tooverseeing ensurethe thatcollection allof personsa presentingspecimen, atand causing the pharmacyspecimen forto anybe reason,sent including to requesta testinglaboratory forwith COVID-19,the maintaincapacity socialto distancingperform appropriatethe totest.  preventThe transmissionlaboratory ofshall COVID-19be 2,authorized under federal and compliesState withlaw anyto otherperform applicablethe requirementstest, thatincluding, but not limited to, the Newfederal Jersey"Clinical BoardLaboratory Improvement Amendments of Pharmacy1988 may(CLIA)," establish.Pub.

    L. For the purposes of this section, causing a test to be administered shall include collecting a specimen, or overseeing the collection of a specimen, and causing the specimen to be sent to a laboratory with the capacity to perform the test.  The laboratory shall be authorized under federal and State law to perform the test, including, but not limited to, the federal "Clinical Laboratory Improvement Amendments of 1988 (CLIA)," Pub. L. 100-578 (42 U.S.C. s.263a), the "New Jersey Clinical Laboratory Improvement Act," P.L.1975, c.166 (C.45:9-42.26 et seq.), and associated regulations.  If the test which is administered is one for which the analysis can be performed at a CLIA-waived facility, and if the pharmacy at which the specimen is collected has a CLIA waiver, then the test may be conducted at that pharmacy.  In all other cases, the test shall be conducted at an off-site laboratory, which laboratory shall report the results of the test to the pharmacist who ordered or administered the test2 .

100-578 (42 U.S.C.

s.263a), the "New Jersey Clinical Laboratory Improvement Act," P.L.1975, c.166 (C.45:9-42.26 et seq.), and associated regulations.  If the test which is administered is one for which the analysis can be performed at a CLIA-waived facility, and if the pharmacy at which the specimen is collected has a CLIA waiver, then the test may be conducted at that pharmacy.  In all other cases, the test shall be conducted at an off-site laboratory, which laboratory shall report the results of the test to the pharmacist who ordered or administered the test.

of this section, the pharmacist shall advise the patientpatient  1[to self-isolate at home for at least 14 days] on self-isolation guidance1guidance and provide the individual withwith  1[a copy of] any necessary resources, such as1as the COVID-19 Home Care Guide 2developeddeveloped by the New Jersey Department of Health2Health , 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 2also2also advise the patient to promptly seek treatment at a hospital 1oror contact the patient’s health care provider1provider.  .  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.

     1[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.]1         12.    2.      Section 1 of P.L.2020, c.7 is amended to read as follows:

      1.  1. a.

a.

      (1)  the testing for coronavirus disease 2019, provided that a licensed [medical practitioner] health care professional licensed in accordance with the provisions of Title 45 of the Revised Statutes, or otherwise authorized to provide health care services in this State, has issued a medical order for that testing;

       c.  The Commissioner of Human Services shall apply for such State plan amendments or waivers as may be necessary to implement the provisions of this act and to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.1program. (cf:

P.L.2020, c.7, s.1)         13. 3.   Section 2 of P.L.2020, c.7 is amended to read as follows:

      2.  2. a.   During the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020, a carrier that offers a health benefits plan in this State shall provide coverage and payment for expenses incurred in:

     a. (1)  the testing of coronavirus disease 2019, provided that a health care professional licensed in accordance with the provisions of [P.L.2017, c.117 (C.45:1-61 et al.)] Title 45 of the Revised Statutes, or otherwise authorized to provide health care services in this State, has issued a medical order for the testing;

During the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020, a carrier that offers a health benefits plan in this State shall provide coverage and payment for expenses incurred in:

      (1)  the testing of coronavirus disease 2019, provided that a health care professional licensed in accordance with the provisions of Title 45 of the Revised Statutes, or otherwise authorized to provide health care services in this State, has issued a medical order for the testing;

      c.   As used in this section, “carrier,” means an insurance company, health service corporation, hospital service corporation, medical service corporation, or health maintenance organization authorized to issue health benefits plans in this State, and shall include the State Health Benefits Program and the School Employees' Health Benefits Program.1Program.(cf: (cf:

P.L.2020, c.7, s.2)        1[2.]4.    4.1     This act shall take effect immediately.

                                            AuthorizesApproved pharmacistsSeptember to30, order2020. and cause to be administered test for coronavirus disease 2019 (COVID-19) or COVID-19 antibodies;

requires health benefits and Medicaid coverage for tests.