[M T]

It is hard for me to understand when "Guidance" is a recommendation and when it is required.

In light of this, it would seem blatantly wrong for MLB or the PAC-12 to buy testing if California is struggling (as it is now) to get Tier 1 to 3 tests done within 48 hours.  Do any of us think testing should be prioritized for wealthy businesses?

Wealthy businesses (and people) can buy their own testing kits and PCR machines. Probably the Abbot Labs tests could be used as well if you are on a lower budget. Won't use any "public" testing capacity at all. If I were MLB, that is what I would do. Only way to ensure fast turnaround.

No "public" about it.  The guidance says "laboratories".  I don't think that Google or SF Giants having testing kits or PCR machines means that the processing of results would be considered something other than a laboratory.   Read the SCC order on laboratories having to report results to the Public Health Officer.  ""Laboratory" means any facility meeting the requirements to perform testing classified as high complexity under the Clinical Laboratory Improvement Amendments of section 353 of the Public Health Service Act".  If such a facility is being run by MLB, SFGiants, or Google, it would apparently still be a Laboratory.  (Btw, that order doesn't specify that the lab is in SCC or California, only that the person whose test it is, is from SCC.  So, if the state specifies it similarly, it won't matter if the tests are run in a 3rd world country.)

You might now say, "What about spit test machines?"   I think the Public Health Departments (specifically, CADPH) will define testing to include any mechanism that gets results while such mechanisms are in short supply.     If spit test machines become widely available next week, then that's great.  But if money buys tests when others can't get them, this seems contrary to the intent of the California guidance.

[M T]

It is hard for me to understand when "Guidance" is a recommendation and when it is required.

In light of this, it would seem blatantly wrong for MLB or the PAC-12 to buy testing if California is struggling (as it is now) to get Tier 1 to 3 tests done within 48 hours.  Do any of us think testing should be prioritized for wealthy businesses?

Wealthy businesses (and people) can buy their own testing kits and PCR machines. Probably the Abbot Labs tests could be used as well if you are on a lower budget. Won't use any "public" testing capacity at all. If I were MLB, that is what I would do. Only way to ensure fast turnaround.

No "public" about it.  The guidance says "laboratories".  I don't think that Google or SF Giants having testing kits or PCR machines means that the processing of results would be considered something other than a laboratory.   Read the SCC order on laboratories having to report results to the Public Health Officer.  ""Laboratory" means any facility meeting the requirements to perform testing classified as high complexity under the Clinical Laboratory Improvement Amendments of section 353 of the Public Health Service Act".  If such a facility is being run by MLB, SFGiants, or Google, it would apparently still be a Laboratory.  (Btw, that order doesn't specify that the lab is in SCC or California, only that the person whose test it is, is from SCC.  So, if the state specifies it similarly, it won't matter if the tests are run in a 3rd world country.)

You might now say, "What about spit test machines?"   I think the Public Health Departments (specifically, CADPH) will define testing to include any mechanism that gets results while such mechanisms are in short supply.     If spit test machines become widely available next week, then that's great.  But if money buys tests when others can't get them, this seems contrary to the intent of the California guidance.