Texas Announces Drive-Thru Pharmacy Coronavirus Testing

As previously reported, a critical aspect of the response to the COVID-19 public-health crisis in the United States is the rapid expansion of testing capabilities across the country, with one avenue of expansion being authorized testing by qualified pharmacists. In Texas, this rapid expansion is further expected to include drive-thru pharmacy testing, the deployment of thousands of rapid result test kits, and the waiver of certain regulatory requirements to expand the capabilities of pharmacy technicians.

At a press briefing on Wednesday, April 8, 2020, Texas Governor Greg Abbott announced that a national pharmacy chain will soon be providing drive-thru testing for COVID-19. He anticipates that those pharmacies will be able to administer as many as 3000 tests a day with test results typically available within 15 minutes.

Governor Abbott’s announcement came contemporaneously with the issuance of new guidance from the Office of the Assistant Secretary of Health (OASH) under the Public Readiness and Emergency Preparedness Act (PREP Act), extending federal immunity to licensed pharmacists to order and administer COVID-19 tests. For more information on Secretary Azar’s declaration and the immunities afforded by the PREP Act, see our previous posts here and here. 

Governor Abbott also announced the temporary waiver of certain regulatory requirements to allow pharmacy technicians to accept prescription drug orders over the phone and to allow pharmacy technicians to transfer or receive a transfer of original prescription information on behalf of patients. These two waivers can be utilized at the discretion of pharmacists. Additionally, Governor Abbott has waived certain regulations allowing pharmacy interns to assist pharmacists without the designation of preceptor.

“By expanding the duties of pharmacy technicians and the additional availability of interns to all pharmacists, we are ensuring members of the pharmacy workforce can efficiently serve their fellow Texans throughout the COVID-19 response,” said Governor Abbott. “These waivers provide flexibility to our pharmacists and those that assist them to ensure they can continue to perform their important duties.” Governor Abbott added that as of April 8, more than 100,000 people will have been tested for the coronavirus in Texas. As of April 9, 2020, 9,353 people have tested positive, 1491 are hospitalized and 177 have died in Texas. 

For more information on state and local response to the COVID-19 pandemic see our previous posts here, here and here. 

We will continue to monitor coronavirus-related developments under the PREP Act and in Texas and encourage pharmacists and other health care providers to reach out to Seyfarth’s health care team with any questions.