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Point of Care Serology Tests Direction

Summary

Effective from: 23 April 2020

Posted: 23 April 2020

A person must not use a point of care serological (blood) test (including an assay, test or device) to detect or diagnose COVID-19, unless they:

  • provide pathology services for Pathology Queensland; or
  • provide public health services for the Queensland Department of Health or a Hospital and Health Service; or
  • provide pathology services as a National Association of Testing Authorities (NATA) accredited medical pathology service with scope of accreditation in microbiology.

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Public Health Act 2005 (Qld)

Section 362B

On 29 January 2020, under the Public Health Act 2005, the Minister for Health and Minister for Ambulance Services made an order declaring a public health emergency in relation to coronavirus disease (COVID-19). The public health emergency area specified in the order is for ‘all of Queensland’. Its duration has been extended by regulation to 19 May 2020 and may be further extended.

Further to this declaration, l, Dr Jeannette Young, Chief Health Officer, reasonably believe it is necessary to give the following directions pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Citation

  1. This Public Health Direction may be referred to as the Point of Care Serology Tests Direction.

PART 1 — DIRECTION – POINT OF CARE SEROLOGY TESTS

  1. A person must not use a POC test as a tool to detect or diagnose COVID-19.
  2. Paragraph 2 does not apply to a person employed or engaged:
    1. in the provision of pathology services for Pathology Queensland; or
    2. in the provision of public health services for the Department of Health or a Hospital and Health Service; or
    3. in the provision of pathology services as a National Association of Testing Authorities (NATA) accredited medical pathology service with scope of accreditation in microbiology.
  3. This direction applies from the time of publication of the direction until the end of the declared public health emergency, unless it is revoked or replaced.

Definitions

  1. For the purposes of this Public Health Direction:

POC test means a point of care serological (blood) test (including an assay, test or device).

PART 2 - PENALTIES

A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.

Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

  • A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
  • Maximum penalty—100 penalty units.

Dr Jeannette Young
Chief Health Officer

23 April 2020

Published on the Queensland Health website 23 April 2020 at 7:54 pm

Last updated: 23 April 2020