Right to Test Act

This bill authorizes a state's public health department, or another entity designated by the state's governor, to approve a diagnostic test or diagnostic device (e.g., a test for the virus that causes COVID-19, or coronavirus disease 2019) for use during a public health emergency.

Unless requested by the governor of the state, the Food and Drug Administration (FDA) may not, during the emergency, engage in certain enforcement actions related to such a test or device.

Not later than 180 days following the end of the public health emergency, the FDA must review and make a final determination concerning approval of the test or device.