S T A T E O F N E W Y O R K
________________________________________________________________________
5263
2023-2024 Regular Sessions
I N S E N A T E
February 28, 2023
___________
Introduced by Sens. SKOUFIS, ADDABBO, HOYLMAN-SIGAL, LIU -- read twice
and ordered printed, and when printed to be committed to the Committee
on Health
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:
Section 1. Section 579 of the public health law is amended by adding a
new subdivision 4 to read as follows:
4. (A) ANY LICENSED PHARMACISTS MAY ORDER INFECTIOUS DISEASE TESTS,
APPROVED BY THE FOOD AND DRUG ADMINISTRATION, TO DETECT THE INFECTIOUS
DISEASE OR ITS ANTIBODIES, AND ADMINISTERING SUCH TESTS, SUBJECT TO
CERTIFICATE OF WAIVER REQUIREMENTS PURSUANT TO THE FEDERAL CLINICAL
LABORATORY IMPROVEMENT ACT OF NINETEEN HUNDRED EIGHTY-EIGHT, TO PATIENTS
SUSPECTED OF AN INFECTIOUS DISEASE, OR SUSPECTED OF HAVING RECOVERED
FROM AN INFECTIOUS DISEASE, SUBJECT TO COMPLETION OF APPROPRIATE TRAIN-
ING DEVELOPED BY THE DEPARTMENT.
(B) LICENSED PHARMACISTS SHALL BE DESIGNATED AS A QUALIFIED HEALTHCARE
PROFESSIONAL FOR THE PURPOSE OF DIRECTING A LIMITED SERVICE LABORATORY,
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, TO TEST PATIENTS
SUSPECTED OF AN INFECTIOUS DISEASE OR ITS ANTIBODIES PROVIDED THAT SUCH
TEST IS APPROVED BY THE FOOD AND DRUG ADMINISTRATION AND WAIVED FOR ITS
USE IN A LIMITED SERVICE LABORATORY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05223-01-3