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  4. New Hampshire Pathologists and CAP Codifies Direct Access Precedent

On June 24, Gov. Christopher Sununu enacted the New Hampshire Society of Pathologists (NHSP) and the CAP’s amended House Bill 381 mandating direct-to-consumer (DTC) tests be subject to proficiency testing regardless of test complexity. The CAP advocates that patients are best served when laboratory tests are ordered by a qualified physician while ensuring appropriate safeguards are included for direct access testing.

New Hampshire is the first state to adopt the CAP’s longstanding policy in which all DTC testing, including waived tests, must be subject to proficiency testing to protect consumers from unreliable or unsafe testing.

In 2020, the NHSP and the CAP successfully amended the bill to include proficiency testing requirements for clinical laboratory testing provided without a health care practitioner’s order.

The bill will take effect on January 1, 2023.

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