The by-law specifies that pharmacists are not allowed to perform the venous puncture in relation to COVID-19 or antibody tests, which appears to significantly limit testing to COVID-19 antibodies, as these tests are performed on blood samples. One of the conditions of this testing activity is that tests used by pharmacists must be approved by the Food and Drug Administration (FDA) or authorized by the FDA as part of an emergency authorization. The analysis of the tests will be conducted by a laboratory under federal and national law. The testing process is subject to other regulatory requirements that could be adopted by the Department of Health. Pharmacists should inform the New Jersey Board of Pharmacy of their intention to order and administer COVID-19 tests, including whether the tests are diagnostic or for antibodies. The management order provides information on the manufacturer`s codes and the products to be issued. The by-law also contains several demographic data that must be collected and maintained for “public health” purposes and reported to the Health Commissioner. Records must also be kept to identify the patient, the pharmacist who takes the test, the test used and the data from different aspects of the process. The pharmacy must have and respect safety measures regarding the physical separation of patients, the use of appointments to control flow and maintain social distance, as well as the use of appropriate personal protective equipment, sanitary and disposal practices.

Pharmacists must provide patients with accurate and accurate descriptions of the test and obtain documentation of the patient`s informed consent to the tests. They must also ensure that the patient receives the test results and must provide written information on how to obtain the results and when they are expected. The administrative order also specifies that the provisions of the Consumer Fraud Act apply to consumer representations, advertisements and the sale of tests or collections carried out in accordance with the regulations. © Greenbaum, Rowe, Smith and Davis LLP Attorney Advertising DISCLAIMER: Due to the universality of this update, the information provided in this update may not be applicable in all situations and should not be made without specific legal advice based on specific situations.