2020 Michigan Compiled Laws
Chapter 333 - Health
Act 368 of 1978 Public Health Code (333.1101 - 333.25211)
Article 15 - Occupations (333.16101...333.18838)
368-1978-15-161 Part 161 General Provisions (333.16101...333.16349)
Section 333.16113 Administration of Covid-19 Testing; Training; Requirements; Rights and Immunities of Qualified Licensee; Definitions.

***** 333.16113 THIS SECTION IS REPEALED BY ACT 245 OF 2020 EFFECTIVE JUNE 30, 2021 *****

Sec. 16113.

(1) Notwithstanding any provision of this code to the contrary, all of the following apply to a qualified licensee or other individual:

(a) Subject to subsection (2), a qualified licensee may administer COVID-19 testing services in accordance with this section.

(b) A qualified licensee may order a laboratory test that is classified by the United States Food and Drug Administration as moderate or high complexity for the purposes of administering COVID-19 testing services under this section.

(c) The provisions of this article that relate to scope of practice, supervision, and delegation do not apply to a qualified licensee but only to the extent necessary to allow the qualified licensee to administer COVID-19 testing services in accordance with this section.

(d) An individual who is not licensed, registered, or otherwise authorized to engage in a health profession under this article may perform a task or function associated with COVID-19 testing services, including, but not limited to, any of the following, if the individual has been trained to perform the task or function and is supervised by a qualified licensee or a representative of a local health department who has been trained to supervise the performance of the task or function:

(i) Screening an individual receiving a test for COVID-19 under this section.

(ii) Observing self-collection of a saliva sample or self-swabbing by an individual receiving a test for COVID-19 under this section.

(iii) Temporarily storing a specimen pending its transmittal to a laboratory or entity described in subsection (2).

(iv) Reporting a COVID-19 test result to the department of health and human services.

(v) Referring an individual receiving a test for COVID-19 under this section to an appropriate licensee or registrant for follow-up care.

(2) A qualified licensee administering COVID-19 testing services under this section shall do all of the following:

(a) Ensure that an individual volunteering or working at the location at which COVID-19 testing services are administered, including the qualified licensee, receives the training necessary to administer COVID-19 testing services.

(b) Ensure that an individual volunteering or working at the location at which COVID-19 testing services are administered, including the qualified licensee, uses personal protective equipment when collecting specimens to be tested for COVID-19.

(c) Ensure that a specimen collected from an individual under this section is tested by a laboratory or entity in accordance with federal law, that any test classified by the United States Food and Drug Administration as high complexity is tested at a laboratory that is certified under 42 CFR part 493, and that any test classified by the United States Food and Drug Administration as waived is tested at a laboratory that holds a certificate of waiver under 42 CFR part 493.

(d) Comply with any reporting requirements of the department of health and human services.

(e) Ensure that a specimen collected under this section is securely stored pending retrieval by a laboratory or entity described in subdivision (c).

(f) Refer an individual receiving a test for COVID-19 under this section to an appropriate licensee or registrant for follow-up care.

(3) A qualified licensee or other individual who is performing a task or function associated with COVID-19 testing services in accordance with this section has the same rights and immunities and shall be treated in the same manner as personnel of a disaster relief force under section 11(1)(c) of the emergency management act, 1976 PA 390, MCL 30.411.

(4) As used in this section:

(a) "COVID-19" means coronavirus disease 2019 (COVID-19).

(b) "COVID-19 testing services" means the collection of specimens from individuals to be tested for COVID-19 by a laboratory or entity meeting the requirements described in subsection (2).

(c) "Qualified licensee" means any of the following:

(i) A pharmacist licensed under part 177.

(ii) An advanced practice registered nurse as that term is defined in section 17201.

(iii) A registered professional nurse licensed under part 172.

(iv) A licensed practical nurse licensed under part 172.

(v) A physician's assistant licensed under part 170 or 175.

(5) This section is repealed effective June 30, 2021.

History: Add. 2020, Act 245, Imd. Eff. Nov. 5, 2020
Popular Name: Act 368