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Right to Test: States Can Approve Diagnostic Tests During Health Emergencies.

This act allows state authorities to approve and use diagnostic tests during state or federal public health emergencies. This means that in urgent situations, such as pandemics, citizens may have faster access to necessary tests, as states will not have to wait for federal approvals. After the emergency ends, the federal agency has 180 days to make a final decision on approving these tests.
Key points
Faster Test Access: States can independently approve diagnostic tests during a public health emergency, speeding up their availability for citizens.
State Autonomy: State authorities gain greater flexibility in responding to local diagnostic needs without waiting for federal approval.
Protection from Federal Action: The FDA cannot take enforcement action against state-approved tests unless the state governor requests continued enforcement.
Post-Emergency Review: After a public health emergency, the FDA has 180 days to make a final decision on approving tests used by states.
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Additional Information
Print number: 117_HR_719
Sponsor: Rep. McHenry, Patrick T. [R-NC-10]
Process start date: 2021-02-02
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Summarized by: gemini-2.5-flash-preview-05-20
Source data: api.congress.gov
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OFFICIAL LEGAL TITLE

Right to Test Act

FREQUENTLY ASKED QUESTIONS

What is the official ID of this bill?

The official print number for this legislation is 117_HR_719.

Which chamber initiated this legislation?

This legislation was initiated in the House of Representatives.

When did the legislative process begin?

The process officially started on 2021-02-02.

What are the main provisions?

Key points include:

  • Faster Test Access: States can independently approve diagnostic tests during a public health emergency, speeding up their availability for citizens.
  • State Autonomy: State authorities gain greater flexibility in responding to local diagnostic needs without waiting for federal approval.
  • Protection from Federal Action: The FDA cannot take enforcement action against state-approved tests unless the state governor requests continued enforcement.
  • Post-Emergency Review: After a public health emergency, the FDA has 180 days to make a final decision on approving tests used by states.
What is the specific legal status?

The current status is Expired.

Where can I read the full text of this legislation?

The full official text is available at: View full text

Who is the primary sponsor?

The primary sponsor is Rep. McHenry, Patrick T. [R-NC-10].

What is the latest detailed status?

The latest detailed status is: Referred to the Subcommittee on Health.

Is this summary verified?

Yes. This content was analyzed by AI and verified by the Lustra Judge System on 2025-12-28.

CATEGORIES

Health