STATE OF NEW YORK
________________________________________________________________________
1534
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
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Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Higher Education
AN ACT to amend the public health law, in relation to allowing for the
testing of certain infectious diseases at pharmacies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 579 of the public health law is amended by adding a
2 new subdivision 4 to read as follows:
3 4. (a) This title shall not be applicable in a declared state of emer-
4 gency, pursuant to section twenty-eight of the executive law, to any
5 licensed pharmacists ordering infectious disease tests, approved by the
6 food and drug administration, to detect the infectious disease or its
7 antibodies, and administering such tests, subject to certificate of
8 waiver requirements pursuant to the federal clinical laboratory improve-
9 ment act of nineteen hundred eighty-eight, to patients suspected of an
10 infectious disease, or suspected of having recovered from an infectious
11 disease, subject to completion of appropriate training developed by the
12 department.
13 (b) In a declared state of emergency, pursuant to section twenty-eight
14 of the executive law, licensed pharmacists shall be designated as a
15 qualified healthcare professional for the purpose of directing a limited
16 service laboratory, pursuant to subdivision three of this section, to
17 test patients suspected of an infectious disease or its antibodies
18 provided that such test is approved by the food and drug administration
19 and waived for its use in a limited service laboratory.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00593-01-1
