Substitute For
HOUSE BILL NO. 6293
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 16113; and to repeal acts and parts of acts.
the people of the state of michigan enact:
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.