Regulation of covid-19 test facilities on the way

Wednesday 17 June 2020

Private covid-19 testing facilities could soon be subject to inspections, and face being shut down if they don’t adhere to certain standards, if plans currently in the pipeline are approved.

The Health Minister, Deputy Richard Renouf, announced that plans for the regulation of private antibody and PCR testing facilities could be published as soon as 1 July.

The announcement came as the States Assembly was debating proposals put forward by St. Lawrence Deputy Kirsten Morel on the subject. 

The States Assembly has voted to ADOPT @KirstenJersey’s amended proposal on regulations being introduced for COVID-19 tests by private entities.

42 FOR vs 0 AGAINST

— States Assembly (@StatesAssembly) June 16, 2020

Presenting the proposition, which was later adopted with 42 votes ‘pour’, Deputy Morel said it aimed to ensure islanders had a “basic level of confidence“ of the private sector provision of covid-19 testing facilities.

He said his proposals didn’t intend to prevent any private provider from setting up their facility but noted how the opening of a drive-through centre at Tamba Park had shown it was necessary for the authorities “to have the means to ensure the facilities are safe and the testing equipment used reliable”. 

He said he had worded the proposition so that the Health Minister would have “total freedom” on the regulations required.

Pictured: The Health Minister said the proposed regulation would be published before 1 July.

The Health Minister then announced his regulation plans, which he described as “light touch but sufficient regulation”, would be published before 1 July. 

He said this would include an amendment to the Consumer Safety Law, so that it would include products used for medical testing, including over-the-counter kits, kits purchased online, and tests and procedures undertaken by individual firms.

In addition, the Health Minister will be proposing a separate piece of legislation which will give powers to the Medical Officer for Health to publish standards for private testing facilities. These will cover the accuracy of the advice given to customers, as well as hygiene and infection control, among other things. 

The law will also allow for Health Officers to be appointed under the Public Health Law to inspect all aspects of testing to ensure standards are adhered to. They will be allowed to inspect documents, equipment, as well as the premises and the actual testing process.

Pictured: Medical Officer for Health Dr Susan Turnbull could be given powers to set standards for private providers.

If a provider does not adhere to the standards, the officers will be able to make recommendations. If the breaches are too serious, the Health Minister will be able to ask the Chief Minister to revoke a business’ licence or make them cease all work immediately.

Finally, the Health Minister will amend the Notifiable Diseases Law, so that testing services will have to notify the Medical Officer for Health of any positive results. 

If the proposals are published before 1 July, they could face a vote in the States Assembly as early as 14 July.