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Ex. AGY-ST-HEALTH-BOARDS-028 Order Primary source read

DCA Waiver DCA-20-14, Order Waiving Restrictions on Pharmacists Ordering and Collecting Specimens for COVID-19 Tests

Order Waiving Restrictions on Pharmacists Ordering and Collecting Specimens for COVID-19 Tests

Kimberly Kirchmeyer, Director, Department of Consumer Affairs · California Department of Consumer Affairs, Director (California State Board of Pharmacy); State level (Sector regulator)

The COVID Project

The record

Jurisdiction
California Department of Consumer Affairs, Director (California State Board of Pharmacy); State level · California
Level
Sector regulator
Authority
Executive Order N-39-20; Cal. Gov't Code § 8571
Issued
2020-05-12 May 12, 2020
Effective
2020-05-12 (effective immediately) (read as 2020-05-12)
End
Terminates 60 days from the date of the order unless extended; extended by DCA-20-34 and superseded by DCA-20-45 (Ex. 031, Aug. 25, 2020) (read as 2020-08-25)
In force
May 12, 2020 to Aug. 25, 2020
Quarters
2020 Q22020 Q3
Limitation types
Health care ordersOther
Addressees
  • California pharmacists
  • pharmacies
Functions reached
  • DX diagnostics (pharmacies as COVID-19 specimen-collection sites)
  • SC pharmacy operations
  • HR scope of practice
  • CB patients
Collection
State health licensing boards AGY-ST-HEALTH-BOARDS

Operative words

Pursuant to Executive Order N-39-20, the Director waives Business and Professions Code section 4051, subdivision (b) and section 4052, subdivision (a)(12), to the extent those provisions would otherwise prohibit pharmacists from ordering or otherwise authorizing tests for the presence of the virus SARS-CoV-2 ('COVID 19 tests') in [patients, and from collecting specimens]. The waiver is subject to the following conditions: The test is authorized by the United States Food and Drug Administration (FDA) and is processed in a public health, commercial, or clinical laboratory pursuant to state and federal rules; and,... This order is effective immediately, and may be amended from time to time in the discretion of the Director. This order terminates 60 days from the date of the order, unless further extended.

Enforcement

Conditions of the waiver; Bus. & Prof. Code § 4301 (pharmacy discipline)

Notes

Pharmacy testing authorization (California); parallel to Florida DOH EO 20-006 (Ex. 005)

Retrieval note

Dated May 12, 2020.