1. Short title This Act may be cited as the Right to Test Act . 2. State approval of diagnostic tests (a) In general Notwithstanding chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq.) and section 353 of the Public Health Service Act ( 42 U.S.C. 263a ), during any public health emergency declared by the Secretary of Health and Human Services (referred to in this section as the Secretary ) under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) or by a State in accordance with the law of the State, the public health department of such State (or such other State entity as designated by the Governor of the State) may clear or approve diagnostic tests or diagnostic devices, for use in that State during the applicable public health emergency only. (b) Application An approval or clearance pursuant to subsection (a) may— (1) allow for the preparation, compounding, assembly, propagation, manufacture, development, sale, distribution, or use of a specified diagnostic test or diagnostic device to address the health diagnostic needs of the State during the public health emergency; (2) apply to a diagnostic test or diagnostic device needed to address the health diagnostic needs of the State during the public health emergency, as determined by the State, including, but not limited to, a test or device that uses reagents or swabbing (including self-swab); (3) apply to the testing of patients if the State certifies that the test can be validated, as determined by the State