Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Pharmacy Testing Centers: A Prescription for Fighting COVID-19 in Florida

By Martin R. Dix & Danielle C. Gordet on May 4, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

Pharmacists can now engage in a new role in the battle against COVID-19 – testing patients for the virus.  Recognizing the advanced health care training that pharmacists receive and the unique consumer access to community pharmacies during the Pandemic, the Florida Department of Health has designated pharmacists as medical professionals authorized to order and provide COVID-19 tests. Additionally, pharmacies, as Community-Based Testing Sites (CBTS) will benefit from the waiving of penalties for noncompliance with the HIPAA Privacy, Security, and Breach Notification Rules (HIPAA Rules) during the public health emergency in the situations discussed below.

Florida Licensure

In order to effectively respond to the COVID-19 emergency, the Florida Surgeon General issued Emergency Order No. 20-006 to allow pharmacists to administer COVID-19 tests. Although previously prevented from doing so under certain statutes, pharmacists are now temporarily able to:

  • Perform COVID-19 tests without being separately licensed to do so; and
  • Order, administer, and report the results of COVID-19 tests authorized by the United States Food and Drug Administration at locations with clear and active pharmacy licenses.

These suspensions of the licensure requirements shall remain in place until Executive Order No. 20-52 expires on May 8, 2020, unless otherwise extended. We expect Emergency Order No. 20-006 to remain in place as Florida phases in its reopening, but must await the passage of extensions.

HIPAA Rule

Now that pharmacies are ensured a greater role in the fight against COVID-19, they should be relieved to know that certain regulatory hurdles ordinarily imposed by the Office of Civil Rights (OCR) have been removed.  Specifically, the OCR issued a Notification of Enforcement Discretion, pursuant to which it will not impose penalties against covered entities and business associates for violations of the HIPAA Rules, when such entities are:

  • participating in the operation of COVID-19 CBTS (e.g., drive-through and walk-up sites that only perform COVID-19 collection and testing services),
  • performing this operation in good faith, and
  • doing so during the COVID-19 public health emergency.

A pharmacy will therefore be protected from penalties for violations of the HIPAA Rules while the pharmacy is participating in good faith in the operation of a CBTS during the COVID-19 public health emergency.  However, the pharmacy will not be protected from violations unrelated to the CBTS.

Even though the OCR will not impose penalties if the requirements discussed above are met, the OCR still encourages covered entities and business associates to implement reasonable safeguards to protect individuals’ privacy and security.  For example, it is recommended that these entities establish a “buffer zone” to prevent the media and public from filming individuals who approach a CBTS.

The Notification is retroactive to March 13, 2020 and shall remain in place until the Secretary of the Department of Health and Human Services declares that the public health emergency no longer exists, or until the expiration of the declared public health emergency (including any extensions), whichever occurs first.

Photo of Martin R. Dix Martin R. Dix

Board Certified by The Florida Bar in Health Law, Martin Dix focuses his practice primarily on pharmacy and drug distribution law. His clients encompass nearly all aspects of the legal drug delivery system, including pharmacies, pharmacists, and pharmacy benefit managers; drug wholesalers; drug…

Board Certified by The Florida Bar in Health Law, Martin Dix focuses his practice primarily on pharmacy and drug distribution law. His clients encompass nearly all aspects of the legal drug delivery system, including pharmacies, pharmacists, and pharmacy benefit managers; drug wholesalers; drug and dietary supplement manufacturers; retail medical oxygen dealers; and compressed medical gases wholesalers. He has also represented a variety of other health care providers and entities, such as physician practices, health care clinics, clinical laboratories, mental health centers, home health agencies and hospitals.

Read more about Martin R. DixEmail
Show more Show less
Photo of Danielle C. Gordet Danielle C. Gordet

Danielle Gordet focuses her practice on healthcare, including healthcare compliance, conflicts of interest, scope of practice issues, physician contracting, and regulations. Her ability to identify, investigate, and resolve complex issues in collaboration with healthcare administrators allows her to provide them with effective counsel…

Danielle Gordet focuses her practice on healthcare, including healthcare compliance, conflicts of interest, scope of practice issues, physician contracting, and regulations. Her ability to identify, investigate, and resolve complex issues in collaboration with healthcare administrators allows her to provide them with effective counsel in developing policies and procedures which reduce the risk of inappropriate conduct and prevent non-compliance. She provides expertise on federal and state healthcare statutory and regulatory issues, including adherence to the Stark Law, the Anti-Kickback Statute, and licensure compliance. In addition, Danielle assists manufacturers of U.S. Food and Drug Administration (FDA) regulated products in obtaining necessary FDA clearances for their devices. Danielle works with healthcare administrators on resolving a variety of legal matters, including issues surrounding hospital bylaws, licensure and credentialing, telemedicine, codes of conduct, and Emergency Medical Treatment and Labor Act. On behalf of healthcare providers, she negotiates and drafts contractual agreements including medical directorships, physician employment, clinical trials, and consulting arrangements.

Read more about Danielle C. GordetEmail
Show more Show less
  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Health Law Rx
  • Organization:
    Akerman LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo