PRIOR PRINTER'S NO. 1811
PRINTER'S NO. 2072
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1210
Session of
2020
INTRODUCED BY J. WARD, BARTOLOTTA, ARGALL, MENSCH, MARTIN,
PITTMAN, STEFANO, PHILLIPS-HILL AND BAKER, JUNE 23, 2020
SENATOR BROOKS, HEALTH AND HUMAN SERVICES, AS AMENDED,
OCTOBER 6, 2020
AN ACT
Amending the act of September 26, 1951 (P.L.1539, No.389),
entitled "An act defining clinical laboratory; regulating the
operation of the same; requiring such laboratories to obtain
permits, and to be operated under the direct supervision of
qualified persons; imposing certain duties upon the
Department of Health; and providing penalties," further
providing for definitions and for exemptions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of September 26, 1951
(P.L.1539, No.389), known as The Clinical Laboratory Act, is
amended by adding definitions A DEFINITION to read:
Section 2. The following words and phrases when used in this
act shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
* * *
"COVID-19." The novel coronavirus as identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
* * *
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"Pharmacy" or "pharmacist". "PHARM ACIST." As defined in
section 2 of the act of September 27, 1961 (P.L.1700, No.699),
known as the Pharmacy Act.
* * *
Section 2. Section 13 of the act is amended to read:
Section 13. Exemptions.--(a) This act shall not include nor
apply to any laboratory or laboratories maintained and operated
by the Federal government; nor to any laboratory or laboratories
maintained and operated purely for research or teaching
purposes.
(b) A pharmacy or pharmacist that orders or administers
tests for COVID-19 authorized or approved by the United States
Food and Drug Administration or the Centers for Disease Control
and Prevention shall be exempt from the requirements under
section 3(1) and (3). IF A PHARMACY HOLDS A VALID CERTIFICATE OF
WAIVER ISSUED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES,
A PHARMACY OR PHARMACIST MAY ORDER AND PERFORM LABORATORY
EXAMINATIONS AND PROCEDURES AUTHORIZED OR APPROVED BY THE UNITED
STATES FOOD AND DRUG ADMINISTRATION UNDER THE CLINICAL
LABORATORY IMPROVEMENT AMENDMENTS OF 1988 (PUBLIC LAW 100-578,
102 STAT. 2903) AND SHALL BE EXEMPT FROM THE REQUIREMENTS UNDER
SECTION 3.
Section 3. This act shall take effect immediately.
20200SB1210PN2072 - 2 -
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