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10A NCAC 41A .0107 – Reporting of COVID-19 Diagnostic Test Results

These rule actions require healthcare providers and laboratories to report all COVID-19 diagnostic test results, both positive and negative, to public health officials. COVID-19, a novel coronavirus, was identified as the cause of an emerging infectious disease outbreak in December 2019 in Wuhan, Hubei Province, China. This novel coronavirus causes respiratory illness ranging in severity from mild illness to death. The North Carolina Division of Public Health is working closely with the Centers for Disease Control and Prevention (CDC) to monitor and respond to this pandemic in North Carolina. More information on COVID-19.

Due to the widespread community transmission of this serious, infectious disease, testing is occurring in non-traditional environments, such as community-based testing sites. For this reason, reporting requirements need to be extended to other types of healthcare providers potentially involved in testing, such as nurses, pharmacists, and dentists. It is also imperative that public health officials receive not only positive tests results, but also negative test results, to better understand the prevalence of the disease in North Carolina.

To address this, the legislature enacted S.L. 2020-4 Sec. 4.10(a)(1) and the State Health Director issued a Temporary Order, pursuant to her authority under G.S. 130A-141.1, requiring healthcare providers and laboratories to report all COVID-19 diagnostic test results, both positive and negative, effective July 7, 2020. On September 15, 2020, the Commission for Public Health adopted 10A NCAC 41A .0107 under emergency procedures and simultaneously proposed to adopt 10A NCAC 41A .0107 under temporary procedures to continue the reporting requirement. Immediate adoption is required due to the serious and unforeseen threat posed by this infectious disease.

A public hearing will be held on October 9, 2020 at 10:00 a.m. by teleconference at (919) 715-0769 (no access code).

Emergency Rule:
10A NCAC 41A .0107
Proposed Temporary Rule:
10A NCAC 41A .0107
Notice: Notification of Emergency and Proposed Temporary Rule Actions: 10A NCAC 41A .0107
Fiscal Note: N/A
Federal Certification: N/A

Public Comments

The public comment period runs from September 15, 2020 to October 16, 2020. Comments will also be accepted at the public hearing.

Written comments can be mailed to:

Virginia Niehaus
Rulemaking Coordinator
1931 Mail Service Center
Raleigh, NC 27699-1931

Additional Links

Procedure for Subjecting a Proposed Rule to Legislative Review