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Current as of February 09, 2022 | Updated by FindLaw Staff
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. 1
(ii) An advanced practice registered nurse as that term is defined in section 17201. 2
(iii) A registered professional nurse licensed under part 172. 3
(iv) A licensed practical nurse licensed under part 172.
(v) A physician's assistant licensed under part 170 or 175. 4
(5) This section is repealed effective June 30, 2021.
Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 333. Health § 333.16113 - last updated February 09, 2022 | https://codes.findlaw.com/mi/chapter-333-health/mi-comp-laws-333-16113/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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