[co-author: Michael Lisitano]*

On May 7, 2020 Connecticut Governor Ned Lamont issued Executive Order 7KK allowing pharmacists to order COVID-19 tests.

The order modifies Section 19a-36-D29 of the Regulations of Connecticut State Agencies to permit licensed pharmacists to order COVID-19 diagnostic tests consistent with the Clinical Laboratory Improvement Amendments. The modification also permits pharmacists to order any Food and Drug Administration (FDA) approved COVID-19 serology test that does not require venipuncture. Pharmacists are required to comply with all Department of Health testing reporting requirements. The Executive Order is effective immediately.

Executive Order 7KK corresponds with an order issued by the Department of Public Health (DPH) that eliminates the regulatory requirement that a request for collection or analysis of a COVID-19 specimen be made by a physician or other licensed person authorized to make diagnoses. Moreover, the DPH order eliminates the laboratory obligation to report test results to the licensed provider who orders the testing. This change does not affect the obligation to report results to the ordering provider when a licensed provider orders the test.

Accordingly, under these changes, pharmacists can now order COVID-19 tests and laboratories can accept specimens pursuant to those orders regardless of the requestor’s ability to make a diagnosis.

*Legal Intern at Robinson+Cole. Michael is not yet admitted to practice law.

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