Executive Order 202.44 and Clinical Laboratories

Executive Order 202.44 issued on June 21, 2020 continues to modify various provisions of the law to address the COVID-19 pandemic.  The first modification permits clinical laboratories to “accept and examine specimens for COVID-19 testing from nursing home and adult care facilities personnel without a prescription or order and to report tests to the appropriate staff at the facilities.  It also requires the facilities to report to the local department of health any positives results received. 

New York usually requires clinical laboratories to only accept specimens at the request of licensed physicians or other persons as authorized by law and to report directly to the ordering physician or authorized person.  See N.Y. Pub Health Law § 576-b(1) and 10 N.Y.C.R.R. § 58-1.7.  Such modification as it relates to COVID-19 is currently in effect until July 21, 2020.

In addition, the Executive Order is also allowing licensed pharmacists to order and administer COVID tests or test for its antibodies and to direct limited service laboratories as it relates to COVID-19.  This amends N.Y. Pub Health Law § 571(6) and N.Y. Education Law § 680.

For more information, please contact Jeffrey J. Sherrin at jsherrin@oalaw.com or Samantha L. Femia at sfemia@oalaw.com.