A05312
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2455
Session of
2020
INTRODUCED BY LAWRENCE, APRIL 27, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 27, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in powers and duties of the Department of Health
and its departmental administrative and advisory boards,
providing for local health department COVID-19 antibody
testing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding a
section to read:
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Section 2127. Local Health Department COVID-19 Antibody
Testing.--(a) A health department may notify the secretary of
the health department's intention to implement serology tests to
identify antibodies to the COVID-19 virus in coordination with
the guidance provided in the policy. Notification under this
subsection shall be made in writing to the secretary by the
health director or equivalent employee of a health department.
(b) Within seventy-two (72) hours of receipt of the
notification under subsection (a), the secretary shall
authorize, in writing, State laboratories holding a Clinical
Laboratory Improvement Amendments (CLIA) certificate and that
meet CLIA requirements to perform high-complexity testing, to
facilitate and coordinate testing with the respective health
department. The following shall apply:
(1) A health department shall reimburse a State laboratory
for costs incurred by the State laboratory for services
performed under this subsection.
(2) An individual tested under this subsection shall:
(i) Be notified in writing at the time of initial testing of
the applicable provisions of section (IV)(D) of the policy.
(ii) Be advised of test results as soon as practicable in a
manner determined by the health department.
(3) A health department performing serology tests under this
subsection shall report the total number of positive and
negative , false positive, negative and false negative test
results to the Department of Health of the Commonwealth on a
daily basis.
(c) This section shall expire sixty (60) days after the
expiration or termination of the proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
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50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
disaster emergency.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Health department." A county or municipal health department
in this Commonwealth.
"Policy." The Policy for Diagnostic Tests for Coronavirus
Disease-2019 during the Public Health Emergency, docket number
FDA-2020-D-0987, available on the publicly accessible Internet
website of the Food and Drug Administration on March 16, 2020.
"Secretary." The Secretary of Health of the Commonwealth.
Section 2. This act shall take effect in 60 days
immediately.
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