The Office of the General Counsel at the Department of Health and Human Services (HHS) has issued an advisory opinion stating that HHS's guidance authorizing pharmacists to order and administer COVID-19 tests pursuant to the Public Readiness and Emergency Preparedness Act supersedes any state law that would prohibit pharmacists from ordering tests.

Specifically, the advisory opinion refers to utilizing a "qualified person" for COVID-19 response. HHS Secretary Alex Azar declared pharmacists to be a "qualified person" for the purposes of ordering and administering COVID-19 tests on April 8.