Bill Text: NY A04698 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public health law, in relation to enacting the state emergency health powers act
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2010-01-06 - referred to health [A04698 Detail]
Download: New_York-2009-A04698-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4698
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
___________
Introduced by M. of A. SCHIMMINGER, JAFFEE, FIELDS, DelMONTE, GALEF --
Multi-Sponsored by -- M. of A. BOYLAND, HOOPER, KOON, MAISEL, REILLY,
ROBINSON, WEISENBERG -- read once and referred to the Committee on
Health
AN ACT to amend the public health law, in relation to enacting the state
emergency health powers act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. In the wake of the tragic events of
2 September 11, 2001, our nation realizes that the government's foremost
3 responsibility is to protect the health, safety and well being of its
4 citizens. New and emerging dangers, including emergent and resurgent
5 infectious diseases and incidents of civilian mass casualties, pose
6 serious and immediate threats to the population. A renewed focus on the
7 prevention, detection, management and containment of public health emer-
8 gencies is thus called for.
9 Emergency health threats, including those caused by bioterrorism and
10 epidemics, require the exercise of essential government functions.
11 Because each state is responsible for safeguarding the health, security
12 and well being of its people, the state and local governments must be
13 able to respond, rapidly and effectively, to public health emergencies.
14 The state emergency health powers act therefore grants specific emergen-
15 cy powers to the governor and public health authorities.
16 This act requires the development of a comprehensive plan to provide a
17 coordinated, appropriate response in the event of a public health emer-
18 gency. It facilitates the early detection of a health emergency by
19 authorizing the reporting and collection of data and records, and allows
20 for immediate investigation by granting access to individuals' health
21 information under specified circumstances. During a public health emer-
22 gency, state and local officials are authorized to use and appropriate
23 property as necessary for the care, treatment and housing of patients,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06846-01-9
A. 4698 2
1 and to destroy contaminated facilities or materials. They are also
2 empowered to provide care, testing and treatment, and vaccination to
3 persons who are ill or who have been exposed to a contagious disease,
4 and to separate affected individuals from the population at large to
5 interrupt disease transmission.
6 At the same time, this act recognizes that the state's ability to
7 respond to a public health emergency must respect the dignity and rights
8 of persons. The exercise of emergency health powers is designed to
9 promote the common good. Emergency powers must be grounded in a thorough
10 scientific understanding of public health threats and disease trans-
11 mission. Guided by principles of justice, state and local governments
12 have a duty to act with fairness and tolerance towards individuals and
13 groups. This act thus provides that, in the event of the exercise of
14 emergency powers, the civil rights, liberties and needs of infected or
15 exposed persons will be protected to the fullest extent possible
16 consistent with the primary goal of controlling serious health threats.
17 Public health laws and our courts have traditionally balanced the
18 common good with individual civil liberties. As Justice Harlan wrote in
19 the seminal United States Supreme Court case of JACOBSON V. MASSACHU-
20 SETTS, "the whole people covenants with each citizen, and each citizen
21 with the whole people, that all shall be governed by certain laws for
22 the 'common good'". The provisions of this act strike such a balance. It
23 provides state and local officials with the ability to prevent, detect,
24 manage and contain emergency health threats without unduly interfering
25 with civil rights and liberties. This act ensures a strong, effective
26 and timely response to public health emergencies, while fostering
27 respect for individuals from all groups and backgrounds.
28 Although modernizing the public health law is an important part of
29 protecting the population during public health emergencies, the public
30 health system itself needs improvement. Preparing for a public health
31 emergency requires a well trained public health workforce, efficient
32 data systems, and sufficient laboratory capacity.
33 S 2. The public health law is amended by adding a new article 10 to
34 read as follows:
35 ARTICLE 10
36 STATE EMERGENCY HEALTH POWERS ACT
37 TITLE I. FINDINGS, PURPOSES AND DEFINITIONS (SS 1000-1003).
38 II. PLANNING FOR A PUBLIC HEALTH EMERGENCY (SS 1005-1006).
39 III. MEASURES TO DETECT AND TRACK PUBLIC HEALTH EMERGENCIES (SS
40 1010-1012).
41 IV. DECLARING STATE OF PUBLIC HEALTH EMERGENCY (SS 1020-1024).
42 V. SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY; MANAGE-
43 MENT OF PROPERTY (SS 1030-1036).
44 VI. SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY;
45 PROTECTION OF PERSONS (SS 1040-1047).
46 VII. PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCIES (SS
47 1050-1051).
48 VIII. MISCELLANEOUS (SS 1070-1077).
49 TITLE I
50 FINDINGS, PURPOSES AND DEFINITIONS
51 SECTION 1000. SHORT TITLE.
52 1001. LEGISLATIVE FINDINGS.
53 1002. PURPOSES.
54 1003. DEFINITIONS.
55 S 1000. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
56 THE "STATE EMERGENCY HEALTH POWERS ACT".
A. 4698 3
1 S 1001. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT:
2 1. THE STATE MUST DO MORE TO PROTECT THE HEALTH, SAFETY AND GENERAL
3 WELL BEING OF ITS CITIZENS.
4 2. NEW AND EMERGING DANGERS, INCLUDING EMERGENT AND RESURGENT INFEC-
5 TIOUS DISEASES AND INCIDENTS OF CIVILIAN MASS CASUALTIES, POSE SERIOUS
6 AND IMMEDIATE THREATS.
7 3. A RENEWED FOCUS ON THE PREVENTION, DETECTION, MANAGEMENT AND
8 CONTAINMENT OF PUBLIC HEALTH EMERGENCIES IS NEEDED.
9 4. EMERGENCY HEALTH THREATS, INCLUDING THOSE CAUSED BY BIOTERRORISM
10 MAY REQUIRE THE EXERCISE OF EXTRAORDINARY GOVERNMENT POWERS AND FUNC-
11 TIONS.
12 5. THE STATE MUST HAVE THE ABILITY TO RESPOND, RAPIDLY AND EFFEC-
13 TIVELY, TO POTENTIAL OR ACTUAL PUBLIC HEALTH EMERGENCIES.
14 6. THE EXERCISE OF EMERGENCY HEALTH POWERS MUST PROMOTE THE COMMON
15 GOOD.
16 7. EMERGENCY HEALTH POWERS MUST BE GROUNDED IN A THOROUGH SCIENTIFIC
17 UNDERSTANDING OF PUBLIC HEALTH THREATS AND DISEASE TRANSMISSION.
18 8. GUIDED BY PRINCIPLES OF JUSTICE AND ANTIDISCRIMINATION, IT IS THE
19 DUTY OF THE STATE TO ACT WITH FAIRNESS AND TOLERANCE TOWARDS INDIVIDUALS
20 AND GROUPS.
21 9. THE RIGHTS OF PEOPLE TO LIBERTY, BODILY INTEGRITY AND PRIVACY MUST
22 BE RESPECTED TO THE FULLEST EXTENT POSSIBLE CONSISTENT WITH MAINTAINING
23 AND PRESERVING THE PUBLIC'S HEALTH AND SECURITY.
24 10. THIS ARTICLE IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE
25 CITIZENS OF THE STATE.
26 S 1002. PURPOSES. THE PURPOSES OF THIS ARTICLE ARE:
27 1. TO REQUIRE THE DEVELOPMENT OF A COMPREHENSIVE PLAN TO PROVIDE FOR A
28 COORDINATED, APPROPRIATE RESPONSE IN THE EVENT OF A PUBLIC HEALTH EMER-
29 GENCY;
30 2. TO AUTHORIZE THE REPORTING AND COLLECTION OF DATA AND RECORDS, THE
31 MANAGEMENT OF PROPERTY, THE PROTECTION OF PERSONS AND ACCESS TO COMMUNI-
32 CATIONS;
33 3. TO FACILITATE THE EARLY DETECTION OF A HEALTH EMERGENCY, AND ALLOW
34 FOR IMMEDIATE INVESTIGATION OF SUCH AN EMERGENCY BY GRANTING ACCESS TO
35 INDIVIDUALS' HEALTH INFORMATION UNDER SPECIFIED CIRCUMSTANCES;
36 4. TO GRANT STATE AND LOCAL OFFICIALS THE AUTHORITY TO USE AND APPRO-
37 PRIATE PROPERTY AS NECESSARY FOR THE CARE, TREATMENT, VACCINATION AND
38 HOUSING OF PATIENTS, AND TO DESTROY CONTAMINATED FACILITIES OR MATERI-
39 ALS;
40 5. TO GRANT STATE AND LOCAL OFFICIALS THE AUTHORITY TO PROVIDE CARE,
41 TREATMENT AND VACCINATION TO PERSONS WHO ARE ILL OR WHO HAVE BEEN
42 EXPOSED TO CONTAGIOUS DISEASES, AND TO SEPARATE AFFECTED INDIVIDUALS
43 FROM THE POPULATION AT LARGE TO INTERRUPT DISEASE TRANSMISSION;
44 6. TO ENSURE THAT THE NEEDS OF INFECTED OR EXPOSED PERSONS ARE PROPER-
45 LY ADDRESSED TO THE FULLEST EXTENT POSSIBLE, GIVEN THE PRIMARY GOAL OF
46 CONTROLLING SERIOUS HEALTH THREATS; AND
47 7. TO PROVIDE STATE AND LOCAL OFFICIALS WITH THE ABILITY TO PREVENT,
48 DETECT, MANAGE AND CONTAIN EMERGENCY HEALTH THREATS WITHOUT UNDULY
49 INTERFERING WITH CIVIL RIGHTS AND LIBERTIES.
50 S 1003. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
51 1. "BIOTERRORISM" IS THE INTENTIONAL USE OF ANY MICROORGANISM, VIRUS,
52 INFECTIOUS SUBSTANCE, OR BIOLOGICAL PRODUCT THAT MAY BE ENGINEERED AS A
53 RESULT OF BIOTECHNOLOGY, OR ANY NATURALLY OCCURRING OR BIOENGINEERED
54 COMPONENT OF ANY SUCH MICROORGANISM, VIRUS, INFECTIOUS SUBSTANCE OR
55 BIOLOGICAL PRODUCT, TO CAUSE DEATH, DISEASE OR OTHER BIOLOGICAL MALFUNC-
56 TION IN A HUMAN, AN ANIMAL, A PLANT OR ANOTHER LIVING ORGANISM IN ORDER
A. 4698 4
1 TO INFLUENCE THE CONDUCT OF GOVERNMENT, OR TO INTIMIDATE OR COERCE A
2 CIVILIAN POPULATION.
3 2. "CHAIN OF CUSTODY" IS THE METHODOLOGY OF TRACKING SPECIMENS FOR THE
4 PURPOSE OF MAINTAINING CONTROL AND ACCOUNTABILITY FROM INITIAL
5 COLLECTION TO FINAL DISPOSITION OF THE SPECIMENS, AND PROVIDING FOR
6 ACCOUNTABILITY AT EACH STAGE OF COLLECTING, HANDLING, TESTING, STORING
7 AND TRANSPORTING THE SPECIMENS AND REPORTING TEST RESULTS.
8 3. "CONTAGIOUS DISEASE" IS AN INFECTIOUS DISEASE THAT CAN BE TRANSMIT-
9 TED FROM PERSON TO PERSON.
10 4. "HEALTH CARE FACILITY" MEANS ANY NON-FEDERAL INSTITUTION, BUILDING
11 OR AGENCY, OR PORTION THEREOF, WHETHER PUBLIC OR PRIVATE (PROFIT OR
12 NOT-FOR-PROFIT) THAT IS USED, OPERATED OR DESIGNED TO PROVIDE HEALTH
13 SERVICES, MEDICAL TREATMENT, OR NURSING, REHABILITATIVE OR PREVENTIVE
14 CARE TO ANY PERSON OR PERSONS. THIS INCLUDES, BUT IS NOT LIMITED TO:
15 AMBULATORY SURGICAL FACILITIES, HEALTH MAINTENANCE ORGANIZATIONS, HOME
16 HEALTH AGENCIES, HOSPICES, HOSPITALS, INFIRMARIES, INTERMEDIATE CARE
17 FACILITIES, KIDNEY TREATMENT CENTERS, LONG TERM CARE FACILITIES, MEDICAL
18 ASSISTANCE FACILITIES, MENTAL HEALTH CENTERS, OUTPATIENT FACILITIES,
19 PUBLIC HEALTH CENTERS, REHABILITATION FACILITIES, RESIDENTIAL TREATMENT
20 FACILITIES, SKILLED NURSING FACILITIES AND ADULT DAYCARE CENTERS. THIS
21 ALSO INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING RELATED PROPERTY
22 WHEN USED FOR OR IN CONNECTION WITH THE FOREGOING: LABORATORIES,
23 RESEARCH FACILITIES, PHARMACIES, LAUNDRY FACILITIES, HEALTH PERSONNEL
24 TRAINING AND LODGING FACILITIES, PATIENT, GUEST AND HEALTH PERSONNEL
25 FOOD SERVICE FACILITIES, AND OFFICES AND OFFICE BUILDINGS FOR PERSONS
26 ENGAGED IN HEALTH CARE PROFESSIONS OR SERVICES.
27 5. "HEALTH CARE PROVIDER" IS ANY PERSON OR ENTITY WHO PROVIDES HEALTH
28 CARE SERVICES INCLUDING, BUT NOT LIMITED TO, HOSPITALS, MEDICAL CLINICS
29 AND OFFICES, SPECIAL CARE FACILITIES, MEDICAL LABORATORIES, PHYSICIANS,
30 PHARMACISTS, DENTISTS, PHYSICIAN ASSISTANTS, NURSE PRACTITIONERS, REGIS-
31 TERED AND OTHER NURSES, PARAMEDICS, EMERGENCY MEDICAL OR LABORATORY
32 TECHNICIANS, AND AMBULANCE AND EMERGENCY MEDICAL WORKERS.
33 6. "INFECTIOUS DISEASE" IS A DISEASE CAUSED BY A LIVING ORGANISM OR
34 OTHER PATHOGEN, INCLUDING A FUNGUS, BACILLUS, PARASITE, PROTOZOAN OR
35 VIRUS. AN INFECTIOUS DISEASE MAY OR MAY NOT BE TRANSMISSIBLE FROM PERSON
36 TO PERSON, ANIMAL TO PERSON OR INSECT TO PERSON.
37 7. "INFECTIOUS WASTE" IS:
38 (A) "BIOLOGICAL WASTE," WHICH INCLUDES BLOOD AND BLOOD PRODUCTS,
39 EXCRETIONS, EXUDATES, SECRETIONS, SUCTIONING AND OTHER BODY FLUIDS, AND
40 WASTE MATERIALS SATURATED WITH BLOOD OR BODY FLUIDS;
41 (B) "CULTURES AND STOCKS," WHICH INCLUDES ETIOLOGIC AGENTS AND ASSOCI-
42 ATED BIOLOGICALS, INCLUDING SPECIMEN CULTURES, AND DISHES AND DEVICES
43 USED TO TRANSFER, INOCULATE AND MIX CULTURES, WASTES FROM PRODUCTION OF
44 BIOLOGICALS AND SERUMS, AND DISCARDED LIVE AND ATTENUATED VACCINES;
45 (C) "PATHOLOGICAL WASTE," WHICH INCLUDES BIOPSY MATERIALS AND ALL
46 HUMAN TISSUES, ANATOMICAL PARTS THAT EMANATE FROM SURGERY, OBSTETRICAL
47 PROCEDURES, NECROPSY, AUTOPSY AND LABORATORY PROCEDURES, AND ANIMAL
48 CARCASSES EXPOSED TO PATHOGENS IN RESEARCH AND THE BEDDING AND OTHER
49 WASTE FROM SUCH ANIMALS, BUT DOES NOT INCLUDE TEETH OR FORMALDEHYDE OR
50 OTHER PRESERVATIVE AGENTS; AND
51 (D) "SHARPS," WHICH INCLUDES NEEDLES, INTRAVENOUS TUBING WITH NEEDLES
52 ATTACHED, SCALPEL BLADES, LANCETS, BREAKABLE GLASS TUBES AND SYRINGES
53 THAT HAVE BEEN REMOVED FROM THEIR ORIGINAL STERILE CONTAINERS.
54 8. "ISOLATION" IS THE PHYSICAL SEPARATION AND CONFINEMENT OF AN INDI-
55 VIDUAL OR GROUPS OF INDIVIDUALS WHO ARE INFECTED OR REASONABLY BELIEVED
56 TO BE INFECTED WITH A CONTAGIOUS DISEASE OR POSSIBLY CONTAGIOUS DISEASE
A. 4698 5
1 FROM NON-ISOLATED INDIVIDUALS, TO PREVENT OR LIMIT THE TRANSMISSION OF
2 THE DISEASE TO NON-ISOLATED INDIVIDUALS.
3 9. "MENTAL HEALTH SUPPORT PERSONNEL" INCLUDES, BUT IS NOT LIMITED TO,
4 PSYCHIATRISTS, PSYCHOLOGISTS, SOCIAL WORKERS AND VOLUNTEER CRISIS COUN-
5 SELING GROUPS.
6 10. "ORGANIZED MILITIA" IS THE ORGANIZED MILITIA AS CONSTITUTED IN
7 SUBDIVISION ONE OF SECTION TWO OF THE MILITARY LAW.
8 11. "PROTECTED HEALTH INFORMATION" IS ANY INFORMATION, WHETHER ORAL,
9 WRITTEN, ELECTRONIC, VISUAL OR IN ANY OTHER FORM, THAT RELATES TO AN
10 INDIVIDUAL'S PAST, PRESENT OR FUTURE PHYSICAL OR MENTAL HEALTH STATUS,
11 CONDITION, TREATMENT, SERVICE, PRODUCTS PURCHASE OR PROVISION OF CARE,
12 AND THAT REVEALS THE IDENTITY OF THE INDIVIDUAL WHOSE HEALTH CARE IS THE
13 SUBJECT OF THE INFORMATION, OR WHERE THERE IS A REASONABLE BASIS TO
14 BELIEVE SUCH INFORMATION COULD BE UTILIZED (EITHER ALONE OR WITH OTHER
15 INFORMATION THAT IS OR SHOULD REASONABLY BE KNOWN TO BE AVAILABLE TO
16 PREDICTABLE RECIPIENTS OF SUCH INFORMATION) TO REVEAL THE IDENTITY OF
17 THAT INDIVIDUAL.
18 12. "PUBLIC HEALTH AUTHORITY" IS THE DEPARTMENT OR ANY MUNICIPAL AGEN-
19 CY THAT ACTS PRINCIPALLY TO PROTECT AND PRESERVE THE PUBLIC'S HEALTH, OR
20 ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OR SUCH AN AGENCY WHEN AUTHOR-
21 IZED BY LAW, RULE OR REGULATION TO ACT.
22 13. "PUBLIC HEALTH EMERGENCY" IS AN OCCURRENCE OR IMMINENT THREAT OF
23 AN ILLNESS OR HEALTH CONDITION THAT:
24 (A) IS BELIEVED TO BE CAUSED BY ANY OF THE FOLLOWING:
25 (I) BIOTERRORISM;
26 (II) THE APPEARANCE OF A NOVEL OR PREVIOUSLY CONTROLLED OR ERADICATED
27 INFECTIOUS AGENT OR BIOLOGICAL TOXIN;
28 (III) A NATURAL DISASTER;
29 (IV) A CHEMICAL ATTACK OR ACCIDENTAL RELEASE OF A CHEMICAL; OR
30 (V) A NUCLEAR ATTACK OR ACCIDENT; AND
31 (B) POSES A HIGH PROBABILITY OF ANY OF THE FOLLOWING HARMS:
32 (I) A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION;
33 (II) A LARGE NUMBER OF SERIOUS OR LONG TERM DISABILITIES IN THE
34 AFFECTED POPULATION; OR
35 (III) WIDESPREAD EXPOSURE TO AN INFECTIOUS OR TOXIC AGENT THAT POSES A
36 SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM TO A LARGE NUMBER OF PEOPLE
37 IN THE AFFECTED POPULATION.
38 14. "PUBLIC SAFETY AUTHORITY" MEANS THE DIVISION OF STATE POLICE OR
39 ANY MUNICIPAL POLICE OR SHERIFF'S DEPARTMENT, OR ANY POLICE OFFICER OF
40 SUCH DIVISION OR DEPARTMENT WHEN AUTHORIZED BY LAW, RULE OR REGULATION
41 TO ACT.
42 15. "QUARANTINE" IS THE PHYSICAL SEPARATION AND CONFINEMENT OF AN
43 INDIVIDUAL, OR GROUP OR GROUPS OF INDIVIDUALS WHO ARE OR MAY HAVE BEEN
44 EXPOSED TO A CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE, AND WHO DO NOT
45 SHOW SIGNS OR SYMPTOMS OF A CONTAGIOUS DISEASE, FROM NON-QUARANTINED
46 INDIVIDUALS TO PREVENT OR LIMIT THE TRANSMISSION OF THE DISEASE TO NON-
47 QUARANTINED INDIVIDUALS.
48 16. "SPECIMENS" INCLUDE, BUT ARE NOT LIMITED TO, BLOOD, SPUTUM, URINE,
49 STOOL, OTHER BODILY FLUIDS, WASTES, TISSUES AND CULTURES NECESSARY TO
50 PERFORM REQUIRED TESTS.
51 17. "TESTS" INCLUDE, BUT ARE NOT LIMITED TO, ANY DIAGNOSTIC OR INVES-
52 TIGATIVE ANALYSES NECESSARY TO PREVENT THE SPREAD OF DISEASE OR PROTECT
53 THE PUBLIC'S HEALTH, SAFETY AND WELFARE.
54 18. "TRIAL COURT" MEANS THE SUPREME COURT HAVING JURISDICTION IN THE
55 COUNTY WHERE AN ACTION IS TO BE TAKEN.
A. 4698 6
1 TITLE II
2 PLANNING FOR A PUBLIC HEALTH EMERGENCY
3 SECTION 1005. PUBLIC HEALTH EMERGENCY PLANNING COMMISSION.
4 1006. PUBLIC HEALTH EMERGENCY PLAN.
5 S 1005. PUBLIC HEALTH EMERGENCY PLANNING COMMISSION. THE GOVERNOR,
6 WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, SHALL ESTAB-
7 LISH THE PUBLIC HEALTH EMERGENCY PLANNING COMMISSION. SUCH COMMISSION
8 SHALL BE COMPOSED OF SUCH STATE AND MUNICIPAL AGENCY HEADS, MEMBERS OF
9 THE LEGISLATURE, JUDGES OF THE UNIFIED COURT SYSTEM AND OTHER PERSONS AS
10 SHALL BE DEEMED APPROPRIATE AND AS SHALL BE APPOINTED THERETO BY THE
11 GOVERNOR. THE GOVERNOR SHALL DESIGNATE THE CHAIR OF SUCH COMMISSION FROM
12 AMONG ITS MEMBERS. THE MEMBERS OF THE PUBLIC HEALTH EMERGENCY PLANNING
13 COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL
14 BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THEIR DUTIES.
15 S 1006. PUBLIC HEALTH EMERGENCY PLAN. 1. CONTENT. THE COMMISSION
16 SHALL WITHIN SIX MONTHS OF ITS APPOINTMENT DELIVER TO THE GOVERNOR, THE
17 LEGISLATURE AND THE GENERAL PUBLIC A PLAN FOR RESPONDING TO A PUBLIC
18 HEALTH EMERGENCY, WHICH SHALL INCLUDE GUIDELINES FOR:
19 (A) NOTIFYING AND COMMUNICATING WITH THE POPULATION DURING A STATE OF
20 PUBLIC HEALTH EMERGENCY PURSUANT TO THIS ARTICLE;
21 (B) CENTRAL COORDINATION OF RESOURCES, MANPOWER AND SERVICES, INCLUD-
22 ING THE COORDINATION OF RESPONSES OF FEDERAL, STATE, MUNICIPAL AND
23 TRIBAL AGENCIES;
24 (C) THE LOCATION, PROCUREMENT, STORAGE, TRANSPORTATION, MAINTENANCE
25 AND DISTRIBUTION OF ESSENTIAL MATERIALS INCLUDING, BUT NOT LIMITED TO,
26 MEDICAL SUPPLIES, DRUGS, VACCINES, FOOD, SHELTER, CLOTHING AND BEDS;
27 (D) COMPLIANCE WITH THE REPORTING REQUIREMENTS OF SECTION ONE THOUSAND
28 TEN OF THIS ARTICLE;
29 (E) THE CONTINUED, EFFECTIVE OPERATION OF THE UNIFIED COURT SYSTEM
30 INCLUDING, IF DEEMED NECESSARY, THE IDENTIFICATION AND TRAINING OF
31 PERSONNEL TO SERVE AS EMERGENCY JUDGES REGARDING MATTERS OF ISOLATION
32 AND QUARANTINE;
33 (F) THE METHODS OF EVACUATING POPULATIONS, AND HOUSING AND FEEDING
34 SUCH EVACUATED POPULATIONS;
35 (G) THE IDENTIFICATION AND TRAINING OF HEALTH CARE PROVIDERS TO DIAG-
36 NOSE AND TREAT PERSONS WITH INFECTIOUS DISEASES;
37 (H) THE VACCINATION OF PERSONS;
38 (I) THE TREATMENT OF PERSONS WHO HAVE BEEN EXPOSED TO OR ARE INFECTED
39 WITH DISEASES OR HEALTH CONDITIONS THAT MAY BE THE CAUSE OF A PUBLIC
40 HEALTH EMERGENCY;
41 (J) THE SAFE DISPOSAL OF INFECTIOUS WASTES AND HUMAN REMAINS;
42 (K) THE SAFE AND EFFECTIVE CONTROL OF PERSONS ISOLATED, QUARANTINED,
43 VACCINATED, TESTED OR TREATED DURING A STATE OF PUBLIC HEALTH EMERGENCY;
44 (L) TRACKING THE SOURCES AND OUTCOMES OF INFECTED PERSONS;
45 (M) ENSURING THAT EACH MUNICIPALITY IDENTIFIES:
46 (I) SITES WHERE PERSONS CAN BE ISOLATED OR QUARANTINED PURSUANT TO
47 THIS ARTICLE;
48 (II) SITES WHERE MEDICAL SUPPLIES, FOOD AND OTHER ESSENTIAL MATERIALS
49 CAN BE DISTRIBUTED TO THE POPULATION;
50 (III) SITES WHERE HEALTH AND EMERGENCY WORKERS CAN BE HOUSED AND FED;
51 AND
52 (IV) ROUTES AND MEANS OF TRANSPORTATION OF PEOPLE AND MATERIALS;
53 (N) CULTURAL NORMS, VALUES, RELIGIOUS PRINCIPLES AND TRADITIONS THAT
54 MAY BE RELEVANT; AND
55 (O) ANY OTHER MEASURES NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
56 ARTICLE.
A. 4698 7
1 2. DISTRIBUTION. THE COMMISSION SHALL DISTRIBUTE THE PUBLIC HEALTH
2 EMERGENCY PLAN TO THOSE WHO WILL BE RESPONSIBLE FOR ITS IMPLEMENTATION,
3 OTHER INTERESTED PERSONS, AND THE PUBLIC, AND SEEK THEIR REVIEW AND
4 COMMENTS.
5 3. REVIEW. THE COMMISSION SHALL ANNUALLY REVIEW THE PUBLIC HEALTH
6 EMERGENCY PLAN.
7 TITLE III
8 MEASURES TO DETECT AND TRACK PUBLIC
9 HEALTH EMERGENCIES
10 SECTION 1010. REPORTING.
11 1011. TRACKING.
12 1012. INFORMATION SHARING.
13 S 1010. REPORTING. 1. ILLNESS OR HEALTH CONDITION. A PUBLIC HEALTH
14 AUTHORITY, HEALTH CARE PROVIDER, CORONER OR MEDICAL EXAMINER SHALL
15 REPORT ALL CASES OF PERSONS WHO HARBOR ANY ILLNESS OR HEALTH CONDITION
16 THAT MAY BE POTENTIAL CAUSES OF A PUBLIC HEALTH EMERGENCY. REPORTABLE
17 ILLNESSES AND HEALTH CONDITIONS INCLUDE, BUT ARE NOT LIMITED TO, THE
18 DISEASES CAUSED BY THE BIOLOGICAL AGENTS LISTED IN 42 C.F.R. S 72, APP.
19 A(2000) AND ANY ILLNESSES OR HEALTH CONDITIONS IDENTIFIED BY THE PUBLIC
20 HEALTH AUTHORITY.
21 2. PHARMACISTS. IN ADDITION TO THE FOREGOING REQUIREMENTS FOR HEALTH
22 CARE PROVIDERS, A PHARMACIST SHALL REPORT ANY UNUSUAL OR INCREASED
23 PRESCRIPTION RATES, UNUSUAL TYPES OF PRESCRIPTIONS OR UNUSUAL TRENDS IN
24 PHARMACY VISITS THAT MAY BE POTENTIAL CAUSES OF A PUBLIC HEALTH EMERGEN-
25 CY. PRESCRIPTION-RELATED EVENTS THAT REQUIRE A REPORT INCLUDE, BUT ARE
26 NOT LIMITED TO:
27 (A) AN UNUSUAL INCREASE IN THE NUMBER OF PRESCRIPTIONS OR
28 OVER-THE-COUNTER PHARMACEUTICALS TO TREAT CONDITIONS THAT THE PUBLIC
29 HEALTH AUTHORITY IDENTIFIES THROUGH REGULATION;
30 (B) AN UNUSUAL INCREASE IN THE NUMBER OF PRESCRIPTIONS FOR ANTIBIOT-
31 ICS; AND
32 (C) ANY PRESCRIPTION THAT TREATS A DISEASE THAT IS RELATIVELY UNCOMMON
33 OR MAY BE ASSOCIATED WITH BIOTERRORISM.
34 3. MANNER OF REPORTING. THE REPORT SHALL BE MADE IN WRITING OR ELEC-
35 TRONICALLY WITHIN TWENTY-FOUR HOURS TO THE PUBLIC HEALTH AUTHORITY. THE
36 REPORT SHALL INCLUDE AS MUCH OF THE FOLLOWING INFORMATION AS IS AVAIL-
37 ABLE: THE SPECIFIC ILLNESS OR HEALTH CONDITION THAT IS THE SUBJECT OF
38 THE REPORT, THE PATIENT'S NAME, DATE OF BIRTH, SEX, RACE, OCCUPATION AND
39 CURRENT HOME AND WORK ADDRESSES (INCLUDING CITY AND COUNTY); THE NAME
40 AND ADDRESS OF THE HEALTH CARE PROVIDER, CORONER OR MEDICAL EXAMINER AND
41 OF THE REPORTING INDIVIDUAL, IF DIFFERENT; AND ANY OTHER INFORMATION
42 NEEDED TO LOCATE THE PATIENT FOR FOLLOW-UP. FOR CASES RELATED TO ANIMAL
43 OR INSECT BITES, THE SUSPECTED LOCATING INFORMATION OF THE BITING ANIMAL
44 OR INSECT, AND THE NAME AND ADDRESS OF ANY KNOWN OWNER, SHALL BE
45 REPORTED.
46 4. ANIMAL DISEASES. EVERY VETERINARIAN, LIVESTOCK OWNER, VETERINARY
47 DIAGNOSTIC LABORATORY DIRECTOR OR OTHER PERSON HAVING THE CARE OF
48 ANIMALS SHALL REPORT ANIMALS HAVING OR SUSPECTED OF HAVING ANY DISEASES
49 THAT MAY BE POTENTIAL CAUSES OF A PUBLIC HEALTH EMERGENCY. THE REPORT
50 SHALL BE MADE IN WRITING OR ELECTRONICALLY WITHIN TWENTY-FOUR HOURS TO
51 THE PUBLIC HEALTH AUTHORITY AND SHALL INCLUDE AS MUCH OF THE FOLLOWING
52 INFORMATION AS IS AVAILABLE: THE SPECIFIC ILLNESS OR HEALTH CONDITION
53 THAT IS THE SUBJECT OF THE REPORT, THE SUSPECTED LOCATING INFORMATION OF
54 THE ANIMAL, THE NAME AND ADDRESS OF ANY KNOWN OWNER, AND THE NAME AND
55 ADDRESS OF THE REPORTING INDIVIDUAL.
A. 4698 8
1 5. LABORATORIES. FOR THE PURPOSES OF THIS SECTION, THE DEFINITION OF
2 "HEALTH CARE PROVIDER" SHALL INCLUDE OUT-OF-STATE MEDICAL LABORATORIES,
3 PROVIDED THAT SUCH LABORATORIES HAVE AGREED TO THE REPORTING REQUIRE-
4 MENTS OF THIS STATE. RESULTS MUST BE REPORTED BY THE LABORATORY THAT
5 PERFORMS THE TEST, BUT AN IN-STATE LABORATORY THAT SENDS SPECIMENS TO AN
6 OUT-OF-STATE LABORATORY IS ALSO RESPONSIBLE FOR REPORTING RESULTS.
7 6. ENFORCEMENT. THE PUBLIC HEALTH AUTHORITY MAY ENFORCE THE PROVISIONS
8 OF THIS SECTION IN ACCORDANCE WITH EXISTING ENFORCEMENT RULES AND REGU-
9 LATIONS.
10 S 1011. TRACKING. THE PUBLIC HEALTH AUTHORITY SHALL ASCERTAIN THE
11 EXISTENCE OF CASES OF AN ILLNESS OR HEALTH CONDITION THAT MAY BE THE
12 POTENTIAL CAUSE OF A PUBLIC HEALTH EMERGENCY, SHALL INVESTIGATE ALL SUCH
13 CASES FOR SOURCES OF INFECTION AND TO ENSURE THAT THEY ARE SUBJECT TO
14 PROPER CONTROL MEASURES, AND SHALL DEFINE THE DISTRIBUTION OF THE
15 ILLNESS OR HEALTH CONDITION. TO FULFILL THESE DUTIES, THE PUBLIC HEALTH
16 AUTHORITY SHALL IDENTIFY EXPOSED INDIVIDUALS AS FOLLOWS:
17 1. IDENTIFICATION OF INDIVIDUALS. ACTING ON INFORMATION DEVELOPED IN
18 ACCORDANCE WITH SECTION ONE THOUSAND TEN OF THIS TITLE, OR OTHER RELI-
19 ABLE INFORMATION, THE PUBLIC HEALTH AUTHORITY SHALL IDENTIFY ALL INDI-
20 VIDUALS THOUGHT TO HAVE BEEN EXPOSED TO AN ILLNESS OR HEALTH CONDITION
21 THAT MAY BE A POTENTIAL CAUSE OF A PUBLIC HEALTH EMERGENCY.
22 2. INTERVIEWING OF INDIVIDUALS. THE PUBLIC HEALTH AUTHORITY SHALL
23 COUNSEL AND INTERVIEW SUCH INDIVIDUALS WHERE NEEDED TO ASSIST IN THE
24 POSITIVE IDENTIFICATION OF EXPOSED INDIVIDUALS AND DEVELOP INFORMATION
25 RELATING TO THE SOURCE AND SPREAD OF THE ILLNESS OR HEALTH CONDITION.
26 SUCH INFORMATION INCLUDES THE NAME AND ADDRESS (INCLUDING CITY AND COUN-
27 TY) OF ANY PERSON FROM WHOM THE ILLNESS OR HEALTH CONDITION MAY HAVE
28 BEEN CONTRACTED AND TO WHOM THE ILLNESS OR HEALTH CONDITION MAY HAVE
29 SPREAD.
30 3. EXAMINATION OF FACILITIES OR MATERIALS. THE PUBLIC HEALTH AUTHORITY
31 SHALL, FOR EXAMINATION PURPOSES, CLOSE, EVACUATE OR DECONTAMINATE ANY
32 FACILITY OR DECONTAMINATE OR DESTROY ANY MATERIAL WHEN IT REASONABLY
33 SUSPECTS THAT SUCH FACILITY OR MATERIAL MAY ENDANGER THE PUBLIC HEALTH.
34 4. ENFORCEMENT. THE PUBLIC HEALTH AUTHORITY MAY ENFORCE THE
35 PROVISIONS OF THIS SECTION IN ACCORDANCE WITH EXISTING ENFORCEMENT RULES
36 AND REGULATIONS. AN ORDER OF THE PUBLIC HEALTH AUTHORITY GIVEN TO
37 EFFECTUATE THE PURPOSES OF THIS SECTION SHALL BE ENFORCEABLE IMMEDIATELY
38 BY THE PUBLIC SAFETY AUTHORITY.
39 S 1012. INFORMATION SHARING. 1. WHENEVER THE PUBLIC SAFETY AUTHORITY,
40 OR OTHER STATE OR MUNICIPAL AGENCY BECOMES AWARE OF A CASE OF REPORTABLE
41 ILLNESS OR HEALTH CONDITION, AN UNUSUAL CLUSTER OR A SUSPICIOUS EVENT
42 THAT MAY BE THE CAUSE OF A PUBLIC HEALTH EMERGENCY, IT SHALL IMMEDIATELY
43 NOTIFY THE DEPARTMENT.
44 2. WHENEVER THE PUBLIC HEALTH AUTHORITY BECOMES AWARE OF A CASE OF
45 REPORTABLE ILLNESS OR HEALTH CONDITION, AN UNUSUAL CLUSTER OR A SUSPI-
46 CIOUS EVENT THAT IT REASONABLY BELIEVES HAS THE POTENTIAL TO BE CAUSED
47 BY BIOTERRORISM, IT SHALL NOTIFY THE DEPARTMENT, PUBLIC SAFETY AUTHORI-
48 TIES, AND FEDERAL HEALTH AND PUBLIC SAFETY AUTHORITIES.
49 3. SHARING OF INFORMATION ON REPORTABLE ILLNESSES, HEALTH CONDITIONS,
50 UNUSUAL CLUSTERS OR SUSPICIOUS EVENTS BETWEEN THE DEPARTMENT, PUBLIC
51 SAFETY AUTHORITIES AND PUBLIC HEALTH AUTHORITIES SHALL BE RESTRICTED TO
52 INFORMATION NECESSARY FOR THE TREATMENT, CONTROL, INVESTIGATION AND
53 PREVENTION OF A PUBLIC HEALTH EMERGENCY.
54 TITLE IV
55 DECLARING STATE OF PUBLIC HEALTH EMERGENCY
56 SECTION 1020. DECLARATION.
A. 4698 9
1 1021. CONTENT OF DECLARATION.
2 1022. EFFECT OF DECLARATION.
3 1023. ENFORCEMENT.
4 1024. TERMINATION OF DECLARATION.
5 S 1020. DECLARATION. A STATE OF PUBLIC HEALTH EMERGENCY MAY BE
6 DECLARED BY THE GOVERNOR UPON THE OCCURRENCE OF A "PUBLIC HEALTH EMER-
7 GENCY" AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION ONE THOUSAND THREE
8 OF THIS ARTICLE. PRIOR TO SUCH A DECLARATION, THE GOVERNOR SHALL
9 CONSULT WITH THE PUBLIC HEALTH AUTHORITY AND MAY CONSULT WITH ANY ADDI-
10 TIONAL PUBLIC AND OTHER EXPERTS AS NEEDED. THE GOVERNOR MAY ACT TO
11 DECLARE A PUBLIC HEALTH EMERGENCY WITHOUT CONSULTING WITH THE PUBLIC
12 HEALTH AUTHORITY OR OTHER EXPERTS WHEN THE SITUATION CALLS FOR PROMPT
13 AND TIMELY ACTION.
14 S 1021. CONTENT OF DECLARATION. A STATE OF PUBLIC HEALTH EMERGENCY
15 SHALL BE DECLARED BY AN EXECUTIVE ORDER THAT SPECIFIES:
16 1. THE NATURE OF THE PUBLIC HEALTH EMERGENCY;
17 2. THE POLITICAL SUBDIVISIONS OR GEOGRAPHIC AREAS SUBJECT TO SUCH
18 DECLARATION;
19 3. THE CONDITIONS THAT HAVE BROUGHT ABOUT THE PUBLIC HEALTH EMERGENCY;
20 4. THE DURATION OF THE STATE OF PUBLIC HEALTH EMERGENCY, IF LESS THAN
21 THIRTY DAYS; AND
22 5. THE PRIMARY PUBLIC HEALTH AUTHORITY RESPONDING TO THE EMERGENCY.
23 S 1022. EFFECT OF DECLARATION. THE DECLARATION OF A STATE OF PUBLIC
24 HEALTH EMERGENCY SHALL ACTIVATE THE DISASTER RESPONSE AND RECOVERY
25 ASPECTS OF THE STATE, LOCAL AND INTER-JURISDICTIONAL DISASTER EMERGENCY
26 PLANS IN THE AFFECTED POLITICAL SUBDIVISIONS OR GEOGRAPHIC AREAS. SUCH
27 DECLARATION AUTHORIZES THE DEPLOYMENT AND USE OF ANY FORCES TO WHICH THE
28 PLANS APPLY, AND THE USE OR DISTRIBUTION OF ANY SUPPLIES, EQUIPMENT,
29 MATERIALS AND FACILITIES ASSEMBLED, STOCKPILED OR AVAILABLE PURSUANT TO
30 THIS ARTICLE.
31 1. EMERGENCY POWERS. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE
32 GOVERNOR MAY:
33 (A) SUSPEND THE PROVISIONS OF ANY REGULATORY STATUTE PRESCRIBING
34 PROCEDURES FOR CONDUCTING STATE BUSINESS, OR THE ORDERS, RULES AND REGU-
35 LATIONS OF ANY STATE AGENCY, TO THE EXTENT THAT STRICT COMPLIANCE WITH
36 THE SAME WOULD PREVENT, HINDER OR DELAY NECESSARY ACTION (INCLUDING
37 EMERGENCY PURCHASES) BY THE PUBLIC HEALTH AUTHORITY TO RESPOND TO THE
38 PUBLIC HEALTH EMERGENCY, OR INCREASE THE HEALTH THREAT TO THE POPU-
39 LATION;
40 (B) UTILIZE ALL AVAILABLE RESOURCES OF THE STATE AND ITS POLITICAL
41 SUBDIVISIONS AS REASONABLY NECESSARY TO RESPOND TO THE PUBLIC HEALTH
42 EMERGENCY;
43 (C) TRANSFER THE DIRECTION, PERSONNEL OR FUNCTIONS OF STATE DEPART-
44 MENTS AND AGENCIES TO PERFORM OR FACILITATE RESPONSE AND RECOVERY
45 PROGRAMS REGARDING THE PUBLIC HEALTH EMERGENCY;
46 (D) MOBILIZE ALL OR ANY PART OF THE ORGANIZED MILITIA INTO SERVICE OF
47 THE STATE. AN ORDER DIRECTING THE ORGANIZED MILITIA TO REPORT FOR ACTIVE
48 DUTY SHALL STATE THE PURPOSE FOR WHICH IT IS MOBILIZED AND THE OBJEC-
49 TIVES TO BE ACCOMPLISHED;
50 (E) PROVIDE AID TO AND SEEK AID FROM OTHER STATES IN ACCORDANCE WITH
51 ANY INTERSTATE EMERGENCY COMPACT MADE WITH THIS STATE; AND
52 (F) SEEK AID FROM THE FEDERAL GOVERNMENT IN ACCORDANCE WITH FEDERAL
53 PROGRAMS OR REQUIREMENTS.
54 2. COORDINATION. THE PUBLIC HEALTH AUTHORITY SHALL COORDINATE ALL
55 MATTERS PERTAINING TO THE PUBLIC HEALTH EMERGENCY RESPONSE OF THE STATE.
A. 4698 10
1 THE PUBLIC HEALTH AUTHORITY SHALL HAVE PRIMARY JURISDICTION, RESPONSI-
2 BILITY, AND AUTHORITY FOR:
3 (A) PLANNING AND EXECUTING PUBLIC HEALTH EMERGENCY ASSESSMENT, MITI-
4 GATION, PREPAREDNESS RESPONSE AND RECOVERY FOR THE STATE;
5 (B) COORDINATING PUBLIC HEALTH EMERGENCY RESPONSE BETWEEN STATE AND
6 MUNICIPAL AUTHORITIES;
7 (C) COLLABORATING WITH RELEVANT FEDERAL GOVERNMENT AUTHORITIES,
8 ELECTED OFFICIALS OF OTHER STATES, PRIVATE ORGANIZATIONS OR COMPANIES;
9 (D) COORDINATING RECOVERY OPERATIONS AND MITIGATION INITIATIVES SUBSE-
10 QUENT TO THE PUBLIC HEALTH EMERGENCY; AND
11 (E) ORGANIZING PUBLIC INFORMATION ACTIVITIES REGARDING STATE PUBLIC
12 HEALTH EMERGENCY RESPONSE OPERATIONS.
13 3. IDENTIFICATION. AFTER THE DECLARATION OF A STATE OF PUBLIC HEALTH
14 EMERGENCY, SPECIAL IDENTIFICATION FOR ALL EMPLOYEES OF THE PUBLIC HEALTH
15 AUTHORITIES WORKING DURING THE EMERGENCY SHALL BE ISSUED AS SOON AS
16 POSSIBLE. THE IDENTIFICATION SHALL INDICATE THE AUTHORITY OF THE BEARER
17 TO EXERCISE PUBLIC HEALTH FUNCTIONS AND EMERGENCY POWERS DURING THE
18 STATE OF PUBLIC HEALTH EMERGENCY. SUCH IDENTIFICATION SHALL BE WORN IN
19 PLAIN VIEW.
20 S 1023. ENFORCEMENT. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE
21 PUBLIC HEALTH AUTHORITY MAY REQUEST ASSISTANCE IN ENFORCING ORDERS
22 PURSUANT TO THIS ARTICLE FROM THE PUBLIC SAFETY AUTHORITY. THE PUBLIC
23 SAFETY AUTHORITY MAY REQUEST ASSISTANCE FROM THE ORGANIZED MILITIA IN
24 ENFORCING THE ORDERS OF THE PUBLIC HEALTH AUTHORITY.
25 S 1024. TERMINATION OF DECLARATION. 1. EXECUTIVE ORDER. THE GOVERNOR
26 SHALL TERMINATE THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY BY
27 EXECUTIVE ORDER UPON FINDING THAT THE OCCURRENCE OF AN ILLNESS OR HEALTH
28 CONDITION THAT CAUSED THE EMERGENCY NO LONGER POSES A HIGH PROBABILITY
29 OF A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION, A LARGE NUMBER
30 OF INCIDENTS OF SERIOUS PERMANENT OR LONG TERM DISABILITY IN THE
31 AFFECTED POPULATION OR A SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM TO
32 A LARGE NUMBER OF PEOPLE IN THE AFFECTED POPULATION.
33 2. AUTOMATIC TERMINATION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
34 ARTICLE, THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY SHALL BE
35 TERMINATED AUTOMATICALLY AFTER THIRTY DAYS UNLESS RENEWED BY THE GOVER-
36 NOR UNDER THE SAME STANDARDS AND PROCEDURES SET FORTH IN THIS TITLE.
37 ANY SUCH RENEWAL SHALL ALSO BE TERMINATED AUTOMATICALLY AFTER THIRTY
38 DAYS UNLESS RENEWED BY THE GOVERNOR UNDER THE SAME STANDARDS AND PROCE-
39 DURES SET FORTH IN THIS TITLE.
40 3. STATE LEGISLATURE. THE STATE LEGISLATURE, BY MAJORITY VOTE OF THE
41 SENATE AND THE ASSEMBLY, MAY TERMINATE THE DECLARATION OF A STATE OF
42 PUBLIC HEALTH EMERGENCY AT ANY TIME FROM THE DATE OF ORIGINAL DECLARA-
43 TION UPON FINDING THAT THE OCCURRENCE OF AN ILLNESS OR HEALTH CONDITION
44 THAT CAUSED THE EMERGENCY DOES NOT OR NO LONGER POSES A HIGH PROBABILITY
45 OF A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION, A LARGE NUMBER
46 OF INCIDENTS OF SERIOUS PERMANENT OR LONG TERM DISABILITY IN THE
47 AFFECTED POPULATION OR A SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM TO
48 A LARGE NUMBER OF PEOPLE IN THE AFFECTED POPULATION. SUCH TERMINATION
49 BY THE STATE LEGISLATURE SHALL OVERRIDE ANY RENEWAL BY THE GOVERNOR.
50 4. CONTENT OF TERMINATION ORDER. ALL ORDERS OR LEGISLATIVE ACTIONS
51 TERMINATING THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY SHALL
52 INDICATE THE NATURE OF THE EMERGENCY, THE AREA THAT WAS THREATENED, AND
53 THE CONDITIONS THAT MAKE POSSIBLE THE TERMINATION OF THE DECLARATION.
54 TITLE V
55 SPECIAL POWERS DURING STATE OF PUBLIC
56 HEALTH EMERGENCY; MANAGEMENT OF PROPERTY
A. 4698 11
1 SECTION 1030. EMERGENCY MEASURES CONCERNING FACILITIES AND MATERIALS.
2 1031. ACCESS TO AND CONTROL OF FACILITIES AND PROPERTY; GENERAL-
3 LY.
4 1032. SAFE DISPOSAL OF INFECTIOUS WASTE.
5 1033. SAFE DISPOSAL OF HUMAN REMAINS.
6 1034. CONTROL OF HEALTH CARE SUPPLIES.
7 1035. COMPENSATION.
8 1036. DESTRUCTION OF PROPERTY.
9 S 1030. EMERGENCY MEASURES CONCERNING FACILITIES AND MATERIALS. THE
10 PUBLIC HEALTH AUTHORITY MAY EXERCISE, FOR SUCH PERIOD AS A STATE OF
11 PUBLIC HEALTH EMERGENCY EXISTS, THE FOLLOWING POWERS OVER DANGEROUS
12 FACILITIES AND MATERIALS:
13 1. FACILITIES. TO CLOSE, DIRECT AND COMPEL THE EVACUATION OF, OR TO
14 DECONTAMINATE OR CAUSE TO BE DECONTAMINATED ANY FACILITY FOR WHICH THERE
15 IS REASONABLE CAUSE TO BELIEVE THAT SUCH FACILITY MAY ENDANGER THE
16 PUBLIC HEALTH; AND
17 2. MATERIALS. TO DECONTAMINATE OR CAUSE TO BE DECONTAMINATED, OR
18 DESTROY ANY MATERIAL FOR WHICH THERE IS REASONABLE CAUSE TO BELIEVE THAT
19 SUCH MATERIAL MAY ENDANGER THE PUBLIC HEALTH.
20 S 1031. ACCESS TO AND CONTROL OF FACILITIES AND PROPERTY; GENERALLY.
21 THE PUBLIC HEALTH AUTHORITY MAY EXERCISE, FOR SUCH PERIOD AS THE STATE
22 OF PUBLIC HEALTH EMERGENCY EXISTS, THE FOLLOWING POWERS CONCERNING
23 FACILITIES, MATERIALS, ROADS, OR PUBLIC AREAS:
24 1. USE OF FACILITIES AND MATERIALS. TO PROCURE, BY CONDEMNATION OR
25 OTHERWISE, CONSTRUCT, LEASE, TRANSPORT, STORE, MAINTAIN, RENOVATE OR
26 DISTRIBUTE SUCH MATERIALS AND FACILITIES AS MAY BE REASONABLE AND NECES-
27 SARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH THE RIGHT TO TAKE
28 IMMEDIATE POSSESSION THEREOF. SUCH MATERIALS AND FACILITIES SHALL
29 INCLUDE, BUT ARE NOT LIMITED TO, COMMUNICATION DEVICES, COMMON CARRIERS,
30 REAL ESTATE, FUELS, FOOD AND CLOTHING;
31 2. USE OF HEALTH CARE FACILITIES. TO REQUIRE A HEALTH CARE FACILITY TO
32 PROVIDE SERVICES OR THE USE OF ITS FACILITY IF SUCH SERVICES OR USE ARE
33 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A
34 CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO CONTINUE DOING
35 BUSINESS IN THE STATE AS A HEALTH CARE FACILITY. THE USE OF A HEALTH
36 CARE FACILITY MAY INCLUDE TRANSFERRING THE MANAGEMENT AND SUPERVISION OF
37 THE HEALTH CARE FACILITY TO THE PUBLIC HEALTH AUTHORITY FOR A LIMITED OR
38 UNLIMITED PERIOD OF TIME, BUT SHALL NOT EXCEED THE DECLARATION OF A
39 STATE OF PUBLIC HEALTH EMERGENCY;
40 3. CONTROL OF MATERIALS. TO INSPECT, CONTROL, RESTRICT AND REGULATE BY
41 RATIONING AND USING QUOTAS, PROHIBITIONS ON SHIPMENTS, ALLOCATION OR
42 OTHER MEANS THE USE, SALE, DISPENSING, DISTRIBUTION, OR TRANSPORTATION
43 OF SUCH FOOD, FUEL, CLOTHING AND OTHER COMMODITIES, AS MAY BE REASONABLE
44 AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY; AND
45 4. CONTROL OF ROADS AND PUBLIC AREAS. (A) TO PRESCRIBE ROUTES, MODES
46 OF TRANSPORTATION AND DESTINATIONS IN CONNECTION WITH EVACUATION OF
47 PERSONS OR THE PROVISION OF EMERGENCY SERVICES; AND
48 (B) TO CONTROL OR LIMIT INGRESS AND EGRESS TO AND FROM ANY STRICKEN OR
49 THREATENED PUBLIC AREA, THE MOVEMENT OF PERSONS WITHIN SUCH AREA, AND
50 THE OCCUPANCY OF PREMISES THEREIN, IF SUCH ACTION IS REASONABLE AND
51 NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY.
52 S 1032. SAFE DISPOSAL OF INFECTIOUS WASTE. THE PUBLIC HEALTH AUTHORITY
53 MAY EXERCISE, FOR SUCH PERIOD AS THE STATE OF PUBLIC HEALTH EMERGENCY
54 EXISTS, THE FOLLOWING POWERS REGARDING THE SAFE DISPOSAL OF INFECTIOUS
55 WASTE:
A. 4698 12
1 1. ADOPT MEASURES. TO ADOPT AND ENFORCE SUCH MEASURES TO PROVIDE FOR
2 THE SAFE DISPOSAL OF INFECTIOUS WASTE AS MAY BE REASONABLE AND NECESSARY
3 TO RESPOND TO THE PUBLIC HEALTH EMERGENCY. SUCH MEASURES MAY INCLUDE,
4 BUT ARE NOT LIMITED TO, THE COLLECTION, STORAGE, HANDLING, DESTRUCTION,
5 TREATMENT, TRANSPORTATION AND DISPOSAL OF INFECTIOUS WASTE;
6 2. CONTROL OF FACILITIES. TO REQUIRE ANY BUSINESS OR FACILITY AUTHOR-
7 IZED TO COLLECT, STORE, HANDLE, DESTROY, TREAT, TRANSPORT OR DISPOSE OF
8 INFECTIOUS WASTE UNDER THE LAWS OF THIS STATE, AND ANY LANDFILL BUSINESS
9 OR OTHER SUCH PROPERTY, TO ACCEPT INFECTIOUS WASTE, OR PROVIDE SERVICES
10 OR THE USE OF THE BUSINESS, FACILITY OR PROPERTY IF SUCH ACTION IS
11 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A
12 CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO CONTINUE DOING
13 BUSINESS IN THE STATE AS SUCH BUSINESS OR FACILITY. THE USE OF THE
14 BUSINESS, FACILITY OR PROPERTY MAY INCLUDE TRANSFERRING THE MANAGEMENT
15 AND SUPERVISION OF SUCH BUSINESS, FACILITY OR PROPERTY TO THE PUBLIC
16 HEALTH AUTHORITY FOR A LIMITED OR UNLIMITED PERIOD OF TIME, BUT SHALL
17 NOT EXCEED THE TERMINATION OF THE DECLARATION OF A STATE OF PUBLIC
18 HEALTH EMERGENCY;
19 3. USE OF FACILITIES. TO PROCURE, BY CONDEMNATION OR OTHERWISE, ANY
20 BUSINESS OR FACILITY AUTHORIZED TO COLLECT, STORE, HANDLE, DESTROY,
21 TREAT, TRANSPORT OR DISPOSE OF INFECTIOUS WASTE UNDER THE LAWS OF THIS
22 STATE, AND ANY LANDFILL BUSINESS OR OTHER SUCH PROPERTY AS MAY BE
23 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH
24 THE POWER TO TAKE IMMEDIATE POSSESSION THEREOF; AND
25 4. IDENTIFICATION. ALL BAGS, BOXES AND OTHER CONTAINERS FOR INFECTIOUS
26 WASTE SHALL BE CLEARLY IDENTIFIED AS CONTAINING INFECTIOUS WASTE AND IF
27 KNOWN, THE TYPE OF INFECTIOUS WASTE.
28 S 1033. SAFE DISPOSAL OF HUMAN REMAINS. THE PUBLIC HEALTH AUTHORITY
29 MAY EXERCISE, FOR SUCH PERIOD AS THE STATE OF PUBLIC HEALTH EMERGENCY
30 EXISTS, THE FOLLOWING POWERS REGARDING THE SAFE DISPOSAL OF HUMAN
31 REMAINS:
32 1. ADOPT MEASURES. TO ADOPT AND ENFORCE SUCH MEASURES TO PROVIDE FOR
33 THE SAFE DISPOSAL OF HUMAN REMAINS AS MAY BE REASONABLE AND NECESSARY TO
34 RESPOND TO THE PUBLIC HEALTH EMERGENCY. SUCH MEASURES MAY INCLUDE, BUT
35 ARE NOT LIMITED TO, THE EMBALMING, BURIAL, CREMATION, INTERMENT, DISIN-
36 TERMENT, TRANSPORTATION AND DISPOSAL OF HUMAN REMAINS;
37 2. POSSESSION. TO TAKE POSSESSION OR CONTROL OF ANY HUMAN REMAINS;
38 3. DISPOSAL. TO ORDER THE DISPOSAL OF ANY HUMAN REMAINS OF A PERSON
39 WHO HAS DIED OF A CONTAGIOUS DISEASE THROUGH BURIAL OR CREMATION WITHIN
40 TWENTY-FOUR HOURS AFTER DEATH. TO THE EXTENT POSSIBLE, THE RELIGIOUS,
41 CULTURAL, FAMILY AND INDIVIDUAL BELIEFS OF THE DECEASED OR HIS OR HER
42 FAMILY SHALL BE CONSIDERED WHEN DISPOSING OF ANY HUMAN REMAINS;
43 4. CONTROL OF FACILITIES. TO REQUIRE ANY BUSINESS OR FACILITY AUTHOR-
44 IZED TO EMBALM, BURY, CREMATE, INTER, DISINTER, TRANSPORT OR DISPOSE OF
45 HUMAN REMAINS UNDER THE LAWS OF THIS STATE TO ACCEPT ANY HUMAN REMAINS
46 OR PROVIDE THE USE OF ITS BUSINESS OR FACILITY IF SUCH ACTIONS ARE
47 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A
48 CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO CONTINUE DOING
49 BUSINESS IN THE STATE AS SUCH A BUSINESS OR FACILITY. THE USE OF THE
50 BUSINESS OR FACILITY MAY INCLUDE TRANSFERRING THE MANAGEMENT AND SUPER-
51 VISION OF SUCH BUSINESS OR FACILITY TO THE PUBLIC HEALTH AUTHORITY FOR A
52 LIMITED OR UNLIMITED PERIOD OF TIME, BUT SHALL NOT EXCEED THE TERMI-
53 NATION OF THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY;
54 5. USE OF FACILITIES. TO PROCURE, BY CONDEMNATION OR OTHERWISE, ANY
55 BUSINESS OR FACILITY AUTHORIZED TO EMBALM, BURY, CREMATE, INTER,
56 DISINTER, TRANSPORT OR DISPOSE OF HUMAN REMAINS UNDER THE LAWS OF THIS
A. 4698 13
1 STATE AS MAY BE REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH
2 EMERGENCY WITH THE POWER TO TAKE IMMEDIATE POSSESSION THEREOF;
3 6. LABELING. EVERY HUMAN REMAIN PRIOR TO DISPOSAL SHALL BE CLEARLY
4 LABELED WITH ALL AVAILABLE INFORMATION TO IDENTIFY THE DECEDENT AND THE
5 CIRCUMSTANCES OF DEATH. ANY REMAINS OF A DECEASED PERSON WITH A CONTA-
6 GIOUS DISEASE SHALL HAVE AN EXTERNAL, CLEARLY VISIBLE TAG INDICATING
7 THAT THE HUMAN REMAINS ARE INFECTED AND, IF KNOWN, THE CONTAGIOUS
8 DISEASE;
9 7. IDENTIFICATION. EVERY PERSON IN CHARGE OF DISPOSING OF ANY HUMAN
10 REMAINS SHALL MAINTAIN A WRITTEN OR ELECTRONIC RECORD OF EACH HUMAN
11 REMAIN AND ALL AVAILABLE INFORMATION TO IDENTIFY THE DECEDENT, THE
12 CIRCUMSTANCES OF DEATH AND THE DISPOSAL THEREOF. IF HUMAN REMAINS CANNOT
13 BE IDENTIFIED, PRIOR TO DISPOSAL A QUALIFIED PERSON SHALL, TO THE EXTENT
14 POSSIBLE, TAKE FINGERPRINTS AND ONE OR MORE PHOTOGRAPHS OF THE HUMAN
15 REMAINS, OBTAIN IDENTIFYING DENTAL INFORMATION, AND COLLECT A DNA SPECI-
16 MEN. ALL INFORMATION GATHERED PURSUANT TO THIS SUBDIVISION SHALL BE
17 PROMPTLY FORWARDED TO THE PUBLIC HEALTH AUTHORITY.
18 S 1034. CONTROL OF HEALTH CARE SUPPLIES. 1. PROCUREMENT. THE PUBLIC
19 HEALTH AUTHORITY MAY PURCHASE AND DISTRIBUTE ANTI-TOXINS, SERUMS,
20 VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND OTHER PHARMACEUTICAL AGENTS
21 OR MEDICAL SUPPLIES THAT IT DEEMS ADVISABLE IN THE INTEREST OF PREPARING
22 FOR OR CONTROLLING A PUBLIC HEALTH EMERGENCY, WITHOUT ANY ADDITIONAL
23 LEGISLATIVE AUTHORIZATION.
24 2. RATIONING. IF A STATE OF PUBLIC HEALTH EMERGENCY RESULTS IN A
25 STATEWIDE OR REGIONAL SHORTAGE OR THREATENED SHORTAGE OF ANY PRODUCT
26 COVERED BY SUBDIVISION ONE OF THIS SECTION, WHETHER OR NOT SUCH PRODUCT
27 HAS BEEN PURCHASED BY THE PUBLIC HEALTH AUTHORITY, THE PUBLIC HEALTH
28 AUTHORITY MAY CONTROL, RESTRICT AND REGULATE BY RATIONING AND USING
29 QUOTAS, PROHIBITIONS ON SHIPMENTS, ALLOCATION OR OTHER MEANS, THE USE,
30 SALE, DISPENSING, DISTRIBUTION OR TRANSPORTATION OF THE RELEVANT PRODUCT
31 NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE
32 STATE.
33 3. PRIORITY. IN MAKING RATIONING OR OTHER SUPPLY AND DISTRIBUTION
34 DECISIONS, THE PUBLIC HEALTH AUTHORITY MAY GIVE PREFERENCE TO HEALTH
35 CARE PROVIDERS, DISASTER RESPONSE PERSONNEL AND MORTUARY STAFF.
36 4. DISTRIBUTION. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC
37 HEALTH AUTHORITY MAY PROCURE, STORE AND DISTRIBUTE ANY ANTI-TOXINS,
38 SERUMS, VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND OTHER PHARMACEU-
39 TICAL AGENTS OR MEDICAL SUPPLIES LOCATED WITHIN THE STATE AS MAY BE
40 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH
41 THE RIGHT TO TAKE IMMEDIATE POSSESSION THEREOF. IF A PUBLIC HEALTH EMER-
42 GENCY SIMULTANEOUSLY AFFECTS MORE THAN ONE STATE, NOTHING IN THIS
43 SECTION SHALL BE CONSTRUED TO ALLOW THE PUBLIC HEALTH AUTHORITY TO
44 OBTAIN ANTI-TOXINS, SERUMS, VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND
45 OTHER PHARMACEUTICAL AGENTS OR MEDICAL SUPPLIES FOR THE PRIMARY PURPOSE
46 OF HOARDING SUCH PRODUCTS OR PREVENTING THEIR FAIR AND EQUITABLE
47 DISTRIBUTION AMONG AFFECTED STATES.
48 S 1035. COMPENSATION. THE STATE SHALL PAY JUST COMPENSATION TO THE
49 OWNER OF ANY FACILITY OR MATERIAL THAT IS LAWFULLY TAKEN OR APPROPRIATED
50 BY THE PUBLIC HEALTH AUTHORITY FOR ITS TEMPORARY OR PERMANENT USE UNDER
51 THIS TITLE ACCORDING TO THE PROCEDURES AND STANDARDS SET FORTH IN
52 SECTION ONE THOUSAND SEVENTY-FOUR OF THIS ARTICLE. COMPENSATION SHALL
53 NOT BE PROVIDED FOR FACILITIES OR MATERIALS THAT ARE CLOSED, EVACUATED,
54 DECONTAMINATED OR DESTROYED WHEN THERE IS REASONABLE CAUSE TO BELIEVE
55 THAT THEY MAY ENDANGER THE PUBLIC HEALTH PURSUANT TO SECTION ONE THOU-
56 SAND THIRTY OF THIS TITLE.
A. 4698 14
1 S 1036. DESTRUCTION OF PROPERTY. TO THE EXTENT PRACTICABLE, CONSISTENT
2 WITH THE PROTECTION OF PUBLIC HEALTH, PRIOR TO THE DESTRUCTION OF ANY
3 PROPERTY PURSUANT TO THIS TITLE, THE PUBLIC HEALTH AUTHORITY SHALL
4 INSTITUTE APPROPRIATE CIVIL PROCEEDINGS AGAINST THE PROPERTY TO BE
5 DESTROYED IN ACCORDANCE WITH THE EXISTING LAWS AND RULES OF THE COURTS
6 OF THIS STATE, OR ANY SUCH RULES THAT MAY BE DEVELOPED BY THE COURTS FOR
7 USE DURING A STATE OF PUBLIC HEALTH EMERGENCY. ANY PROPERTY ACQUIRED BY
8 THE PUBLIC HEALTH AUTHORITY THROUGH SUCH PROCEEDINGS SHALL, AFTER ENTRY
9 OF THE ORDER, BE DISPOSED OF BY DESTRUCTION PURSUANT TO THE TERMS OF
10 SUCH ORDER.
11 TITLE VI
12 SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY; PROTECTION OF
13 PERSONS
14 SECTION 1040. PROTECTION OF PERSONS.
15 1041. MEDICAL EXAMINATIONS AND TESTING.
16 1042. VACCINATION AND TREATMENT.
17 1043. ISOLATION AND QUARANTINE.
18 1044. PROCEDURES FOR ISOLATION AND QUARANTINE.
19 1045. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS.
20 1046. ACCESS AND DISCLOSURE OF PROTECTED HEALTH INFORMATION.
21 1047. LICENSING AND APPOINTMENT OF HEALTH PERSONNEL.
22 S 1040. PROTECTION OF PERSONS. DURING A STATE OF PUBLIC HEALTH EMER-
23 GENCY, THE PUBLIC HEALTH AUTHORITY SHALL USE EVERY AVAILABLE MEANS TO
24 PREVENT THE TRANSMISSION OF INFECTIOUS DISEASE AND TO ENSURE THAT ALL
25 CASES OF CONTAGIOUS DISEASE ARE SUBJECT TO PROPER CONTROL AND TREATMENT.
26 S 1041. MEDICAL EXAMINATIONS AND TESTING. DURING A STATE OF PUBLIC
27 HEALTH EMERGENCY, THE PUBLIC HEALTH AUTHORITY MAY PERFORM PHYSICAL EXAM-
28 INATIONS AND/OR TESTS AS NECESSARY FOR THE DIAGNOSIS AND TREATMENT OF
29 INDIVIDUALS.
30 1. MEDICAL EXAMINATIONS AND TESTS MAY BE PERFORMED BY ANY QUALIFIED
31 PERSON AUTHORIZED TO DO SO BY THE PUBLIC HEALTH AUTHORITY.
32 2. MEDICAL EXAMINATIONS AND TESTS SHALL NOT BE REASONABLY LIKELY TO
33 RESULT IN SERIOUS HARM TO THE AFFECTED INDIVIDUAL.
34 3. THE PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE, PURSUANT TO
35 SECTION ONE THOUSAND FORTY-THREE OF THIS TITLE, ANY PERSON WHOSE REFUSAL
36 OF MEDICAL EXAMINATION OR TESTING RESULTS IN UNCERTAINTY REGARDING
37 WHETHER SUCH PERSON HAS BEEN EXPOSED TO OR IS INFECTED WITH A CONTAGIOUS
38 OR POSSIBLY CONTAGIOUS DISEASE, OR OTHERWISE POSES A DANGER TO PUBLIC
39 HEALTH.
40 S 1042. VACCINATION AND TREATMENT. DURING A STATE OF PUBLIC HEALTH
41 EMERGENCY, THE PUBLIC HEALTH AUTHORITY MAY EXERCISE THE FOLLOWING EMER-
42 GENCY POWERS OVER PERSONS AS NECESSARY TO ADDRESS THE PUBLIC HEALTH
43 EMERGENCY:
44 1. VACCINATION. TO VACCINATE PEOPLE AS PROTECTION AGAINST INFECTIOUS
45 DISEASE AND TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS
46 DISEASE.
47 (A) VACCINATION MAY BE PERFORMED BY ANY QUALIFIED PERSON AUTHORIZED TO
48 DO SO BY THE PUBLIC HEALTH AUTHORITY.
49 (B) A VACCINE TO BE ADMINISTERED MUST NOT BE SUCH AS IS REASONABLY
50 LIKELY TO LEAD TO SERIOUS HARM TO THE AFFECTED INDIVIDUAL.
51 (C) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE
52 THE PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE, PURSUANT TO
53 SECTION ONE THOUSAND FORTY-THREE OF THIS TITLE, PERSONS WHO ARE UNABLE
54 OR UNWILLING FOR REASONS OF HEALTH, RELIGION OR CONSCIENCE TO UNDERGO
55 VACCINATION PURSUANT TO THIS SUBDIVISION.
56 2. TREATMENT. TO TREAT PEOPLE EXPOSED TO OR INFECTED WITH DISEASE.
A. 4698 15
1 (A) TREATMENT MAY BE ADMINISTERED BY ANY QUALIFIED PERSON AUTHORIZED
2 TO DO SO BY THE PUBLIC HEALTH AUTHORITY.
3 (B) TREATMENT SHALL NOT BE SUCH THAT IT IS REASONABLY LIKELY TO LEAD
4 TO SERIOUS HARM TO THE AFFECTED INDIVIDUAL.
5 (C) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE
6 A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE PURSUANT TO SECTION
7 ONE THOUSAND FORTY-THREE OF THIS TITLE, PERSONS WHO ARE UNABLE OR
8 UNWILLING FOR REASONS OF HEALTH, RELIGION OR CONSCIENCE TO UNDERGO
9 TREATMENT PURSUANT TO THIS SUBDIVISION.
10 S 1043. ISOLATION AND QUARANTINE. 1. AUTHORIZATION. DURING THE PUBLIC
11 HEALTH EMERGENCY, A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE AN
12 INDIVIDUAL OR GROUPS OF INDIVIDUALS. THIS INCLUDES INDIVIDUALS OR GROUPS
13 WHO HAVE NOT BEEN VACCINATED, TREATED, TESTED OR EXAMINED PURSUANT TO
14 SECTIONS ONE THOUSAND FORTY-ONE AND ONE THOUSAND FORTY-TWO OF THIS
15 TITLE. THE PUBLIC HEALTH AUTHORITY MAY ALSO ESTABLISH AND MAINTAIN PLAC-
16 ES OF ISOLATION AND QUARANTINE, AND SET RULES AND MAKE ORDERS. FAILURE
17 TO OBEY SUCH RULES, ORDERS OR PROVISIONS SHALL CONSTITUTE A MISDEMEANOR.
18 2. CONDITIONS AND PRINCIPLES. THE PUBLIC HEALTH AUTHORITY SHALL ADHERE
19 TO THE FOLLOWING CONDITIONS AND PRINCIPLES WHEN ISOLATING OR QUARANTIN-
20 ING INDIVIDUALS OR GROUPS OF INDIVIDUALS:
21 (A) ISOLATION AND QUARANTINE SHALL BE BY THE LEAST RESTRICTIVE MEANS
22 NECESSARY TO PREVENT THE SPREAD OF A CONTAGIOUS OR POSSIBLY CONTAGIOUS
23 DISEASE TO OTHERS AND MAY INCLUDE, BUT NOT BE LIMITED TO, CONFINEMENT TO
24 PRIVATE HOMES, OR OTHER PRIVATE AND PUBLIC PREMISES;
25 (B) ISOLATED INDIVIDUALS SHALL BE CONFINED SEPARATELY FROM QUARANTINED
26 INDIVIDUALS;
27 (C) THE HEALTH STATUS OF ISOLATED AND QUARANTINED INDIVIDUALS SHALL BE
28 MONITORED REGULARLY TO DETERMINE IF THEY REQUIRE ISOLATION OR QUARAN-
29 TINE;
30 (D) IF A QUARANTINED INDIVIDUAL SUBSEQUENTLY BECOMES INFECTED OR IS
31 REASONABLY BELIEVED TO HAVE BECOME INFECTED WITH A CONTAGIOUS OR POSSI-
32 BLY CONTAGIOUS DISEASE HE OR SHE SHALL PROMPTLY BE REMOVED TO ISOLATION;
33 (E) ISOLATED AND QUARANTINED INDIVIDUALS MUST BE IMMEDIATELY RELEASED
34 WHEN THEY POSE NO SUBSTANTIAL RISK OF TRANSMITTING A CONTAGIOUS OR
35 POSSIBLY CONTAGIOUS DISEASE TO OTHERS;
36 (F) THE NEEDS OF PERSONS ISOLATED AND QUARANTINED SHALL BE ADDRESSED
37 IN A SYSTEMATIC AND COMPETENT FASHION INCLUDING, BUT NOT LIMITED TO,
38 PROVIDING ADEQUATE FOOD, CLOTHING, SHELTER, MEANS OF COMMUNICATION WITH
39 THOSE IN ISOLATION OR QUARANTINE AND OUTSIDE SUCH SETTINGS, MEDICATION
40 AND COMPETENT MEDICAL CARE;
41 (G) PREMISES USED FOR ISOLATION AND QUARANTINE SHALL BE MAINTAINED IN
42 A SAFE AND HYGIENIC MANNER, AND BE DESIGNED TO MINIMIZE THE LIKELIHOOD
43 OF FURTHER TRANSMISSION OF INFECTION OR OTHER HARMS TO PERSONS ISOLATED
44 AND QUARANTINED; AND
45 (H) TO THE EXTENT POSSIBLE, CULTURAL AND RELIGIOUS BELIEFS SHOULD BE
46 CONSIDERED IN ADDRESSING THE NEEDS OF INDIVIDUALS, AND ESTABLISHING AND
47 MAINTAINING ISOLATION AND QUARANTINE PREMISES.
48 3. COOPERATION. PERSONS SUBJECT TO ISOLATION OR QUARANTINE SHALL OBEY
49 THE PUBLIC HEALTH AUTHORITY'S RULES AND ORDERS; AND SHALL NOT GO BEYOND
50 THE ISOLATION OR QUARANTINE PREMISES. FAILURE TO OBEY SUCH RULES, ORDERS
51 AND PROVISIONS SHALL CONSTITUTE A MISDEMEANOR.
52 4. ENTRY INTO ISOLATION OR QUARANTINE PREMISES. (A) AUTHORIZED ENTRY.
53 THE PUBLIC HEALTH AUTHORITY MAY AUTHORIZE PHYSICIANS, HEALTH CARE WORK-
54 ERS AND OTHERS TO HAVE ACCESS TO INDIVIDUALS IN ISOLATION OR QUARANTINE
55 AS NECESSARY TO MEET THE NEEDS OF ISOLATED OR QUARANTINED INDIVIDUALS.
A. 4698 16
1 (B) UNAUTHORIZED ENTRY. NO PERSON, OTHER THAN A PERSON AUTHORIZED BY
2 THE PUBLIC HEALTH AUTHORITY, SHALL ENTER ISOLATION OR QUARANTINE PREM-
3 ISES. FAILURE TO OBEY THIS PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR.
4 (C) POTENTIAL ISOLATION OR QUARANTINE. ANY PERSON ENTERING AN
5 ISOLATION OR QUARANTINE PREMISES WITH OR WITHOUT AUTHORIZATION OF THE
6 PUBLIC HEALTH AUTHORITY MAY BE ISOLATED OR QUARANTINED PURSUANT TO THIS
7 SECTION.
8 S 1044. PROCEDURES FOR ISOLATION AND QUARANTINE. DURING A PUBLIC
9 HEALTH EMERGENCY, THE ISOLATION AND QUARANTINE OF AN INDIVIDUAL OR
10 GROUPS OF INDIVIDUALS SHALL BE UNDERTAKEN IN ACCORDANCE WITH THE FOLLOW-
11 ING PROCEDURES:
12 1. TEMPORARY ISOLATION AND QUARANTINE WITHOUT NOTICE. (A) AUTHORI-
13 ZATION. THE PUBLIC HEALTH AUTHORITY MAY TEMPORARILY ISOLATE OR QUARAN-
14 TINE AN INDIVIDUAL OR GROUPS OF INDIVIDUALS THROUGH A WRITTEN DIRECTIVE
15 IF DELAY IN IMPOSING THE ISOLATION OR QUARANTINE WOULD SIGNIFICANTLY
16 JEOPARDIZE THE PUBLIC HEALTH AUTHORITY'S ABILITY TO PREVENT OR LIMIT THE
17 TRANSMISSION OF A CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE TO OTHERS.
18 (B) CONTENT OF DIRECTIVE. THE WRITTEN DIRECTIVE SHALL SPECIFY THE
19 FOLLOWING: (I) THE IDENTITY OF THE INDIVIDUAL OR GROUPS OF INDIVIDUALS
20 SUBJECT TO ISOLATION OR QUARANTINE; (II) THE PREMISES SUBJECT TO
21 ISOLATION OR QUARANTINE; (III) THE DATE AND TIME AT WHICH ISOLATION OR
22 QUARANTINE COMMENCES; (IV) THE SUSPECTED CONTAGIOUS DISEASE, IF KNOWN;
23 AND (V) A COPY OF THIS TITLE AND THE RELEVANT DEFINITIONS OF THIS ARTI-
24 CLE.
25 (C) COPIES. A COPY OF THE WRITTEN DIRECTIVE SHALL BE GIVEN TO THE
26 INDIVIDUAL TO BE ISOLATED OR QUARANTINED OR, IF THE ORDER APPLIES TO A
27 GROUP OF INDIVIDUALS AND IT IS IMPRACTICAL TO PROVIDE INDIVIDUAL COPIES,
28 IT MAY BE POSTED IN A CONSPICUOUS PLACE IN THE ISOLATION OR QUARANTINE
29 PREMISES.
30 (D) PETITION FOR CONTINUED ISOLATION OR QUARANTINE. WITHIN TEN DAYS
31 AFTER ISSUING THE WRITTEN DIRECTIVE, THE PUBLIC HEALTH AUTHORITY SHALL
32 FILE A PETITION PURSUANT TO SUBDIVISION TWO OF THIS SECTION FOR A COURT
33 ORDER AUTHORIZING THE CONTINUED ISOLATION OR QUARANTINE OF THE ISOLATED
34 OR QUARANTINED INDIVIDUAL OR GROUPS OF INDIVIDUALS.
35 2. ISOLATION OR QUARANTINE WITH NOTICE. (A) AUTHORIZATION. THE PUBLIC
36 HEALTH AUTHORITY MAY MAKE A WRITTEN PETITION TO A TRIAL COURT FOR AN
37 ORDER AUTHORIZING THE ISOLATION OR QUARANTINE OF AN INDIVIDUAL OR GROUPS
38 OF INDIVIDUALS.
39 (B) CONTENT OF PETITION. A PETITION PURSUANT TO THIS SUBDIVISION SHALL
40 SPECIFY THE FOLLOWING: (I) THE IDENTITY OF THE INDIVIDUAL OR GROUPS OF
41 INDIVIDUALS SUBJECT TO ISOLATION OR QUARANTINE; (II) THE PREMISES
42 SUBJECT TO ISOLATION OR QUARANTINE; (III) THE DATE AND TIME AT WHICH
43 ISOLATION OR QUARANTINE COMMENCES; (IV) THE SUSPECTED CONTAGIOUS
44 DISEASE, IF KNOWN; (V) A STATEMENT OF COMPLIANCE WITH THE CONDITIONS AND
45 PRINCIPLES FOR ISOLATION AND QUARANTINE AS STATED IN SUBDIVISION TWO OF
46 SECTION ONE THOUSAND FORTY-THREE OF THIS TITLE; AND (VI) A STATEMENT OF
47 THE BASIS UPON WHICH ISOLATION OR QUARANTINE IS JUSTIFIED IN COMPLIANCE
48 WITH THIS TITLE. THE PETITION SHALL BE ACCOMPANIED BY THE SWORN AFFIDA-
49 VIT OF THE PUBLIC HEALTH AUTHORITY ATTESTING TO THE FACTS ASSERTED IN
50 THE PETITION, TOGETHER WITH ANY FURTHER INFORMATION THAT MAY BE RELEVANT
51 AND MATERIAL TO THE COURT'S CONSIDERATION.
52 (C) NOTICE. NOTICE TO THE INDIVIDUAL OR GROUPS OF INDIVIDUALS IDENTI-
53 FIED IN THE PETITION SHALL BE ACCOMPLISHED WITHIN TWENTY-FOUR HOURS IN
54 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
55 (D) HEARING. A HEARING MUST BE HELD ON ANY PETITION FILED PURSUANT TO
56 THIS SUBDIVISION WITHIN FIVE DAYS OF FILING OF THE PETITION. IN
A. 4698 17
1 EXTRAORDINARY CIRCUMSTANCES AND FOR GOOD CAUSE SHOWN THE PUBLIC HEALTH
2 AUTHORITY MAY APPLY TO CONTINUE THE HEARING DATE ON A PETITION FILED
3 PURSUANT TO THIS SECTION FOR UP TO TEN DAYS, WHICH CONTINUANCE THE COURT
4 MAY GRANT IN ITS DISCRETION GIVING DUE REGARD TO THE RIGHTS OF THE
5 AFFECTED INDIVIDUALS, THE PROTECTION OF THE PUBLIC'S HEALTH, THE SEVERI-
6 TY OF THE EMERGENCY AND THE AVAILABILITY OF NECESSARY WITNESSES AND
7 EVIDENCE.
8 (E) ORDER. THE COURT SHALL GRANT THE PETITION IF, BY A PREPONDERANCE
9 OF THE EVIDENCE, ISOLATION OR QUARANTINE IS SHOWN TO BE REASONABLY
10 NECESSARY TO PREVENT OR LIMIT THE TRANSMISSION OF A CONTAGIOUS OR POSSI-
11 BLY CONTAGIOUS DISEASE TO OTHERS.
12 (I) AN ORDER AUTHORIZING ISOLATION OR QUARANTINE MAY DO SO FOR A PERI-
13 OD NOT TO EXCEED THIRTY DAYS.
14 (II) SUCH ORDER SHALL (A) IDENTIFY THE ISOLATED OR QUARANTINED INDI-
15 VIDUALS OR GROUPS OF INDIVIDUALS BY NAME OR SHARED OR SIMILAR CHARACTER-
16 ISTICS OR CIRCUMSTANCES; (B) SPECIFY FACTUAL FINDINGS WARRANTING
17 ISOLATION OR QUARANTINE PURSUANT TO THIS ARTICLE; (C) INCLUDE ANY CONDI-
18 TIONS NECESSARY TO ENSURE THAT ISOLATION OR QUARANTINE IS CARRIED OUT
19 WITHIN THE STATED PURPOSES AND RESTRICTIONS OF THIS ARTICLE; AND (D) BE
20 SERVED ON AFFECTED INDIVIDUALS OR GROUPS OF INDIVIDUALS IN ACCORDANCE
21 WITH THE CIVIL PRACTICE LAW AND RULES.
22 (F) CONTINUANCES. PRIOR TO THE EXPIRATION OF AN ORDER ISSUED PURSUANT
23 TO PARAGRAPH (E) OF THIS SUBDIVISION, THE PUBLIC HEALTH AUTHORITY MAY
24 MOVE TO CONTINUE ISOLATION OR QUARANTINE FOR ADDITIONAL PERIODS NOT TO
25 EXCEED THIRTY DAYS EACH. THE TRIAL COURT SHALL CONSIDER THE MOTION IN
26 ACCORDANCE WITH STANDARDS SET FORTH IN SUCH PARAGRAPH.
27 3. RELIEF FROM ISOLATION AND QUARANTINE. (A) RELEASE. AN INDIVIDUAL
28 OR GROUP OF INDIVIDUALS ISOLATED OR QUARANTINED PURSUANT TO THIS ARTICLE
29 MAY APPLY TO THE TRIAL COURT FOR AN ORDER TO SHOW CAUSE WHY THE INDIVID-
30 UAL OR GROUP OF INDIVIDUALS SHOULD NOT BE RELEASED. THE COURT SHALL
31 RULE ON THE APPLICATION TO SHOW CAUSE WITHIN FORTY-EIGHT HOURS OF ITS
32 FILING. IF THE COURT GRANTS THE APPLICATION, THE COURT SHALL SCHEDULE A
33 HEARING ON THE ORDER TO SHOW CAUSE WITHIN TWENTY-FOUR HOURS FROM ISSU-
34 ANCE OF THE ORDER TO SHOW CAUSE. THE ISSUANCE OF AN ORDER TO SHOW CAUSE
35 SHALL NOT STAY OR ENJOIN AN ISOLATION OR QUARANTINE ORDER.
36 (B) REMEDIES FOR BREACH OF CONDITIONS. AN INDIVIDUAL OR GROUP OF INDI-
37 VIDUALS ISOLATED OR QUARANTINED PURSUANT TO THIS ARTICLE MAY REQUEST A
38 HEARING IN THE TRIAL COURT FOR REMEDIES REGARDING BREACHES TO THE CONDI-
39 TIONS OF ISOLATION OR QUARANTINE. A REQUEST FOR A HEARING SHALL NOT STAY
40 OR ENJOIN AN ISOLATION OR QUARANTINE ORDER.
41 (I) UPON RECEIPT OF A REQUEST PURSUANT TO THIS PARAGRAPH ALLEGING
42 EXTRAORDINARY CIRCUMSTANCES JUSTIFYING THE IMMEDIATE GRANTING OF RELIEF,
43 THE COURT SHALL FIX A DATE FOR HEARING ON THE MATTERS ALLEGED NOT MORE
44 THAN TWENTY-FOUR HOURS FROM RECEIPT OF THE REQUEST.
45 (II) OTHERWISE, UPON RECEIPT OF A REQUEST PURSUANT TO THIS PARAGRAPH
46 THE COURT SHALL FIX A DATE FOR A HEARING ON THE MATTERS ALLEGED WITHIN
47 FIVE DAYS FROM RECEIPT OF THE REQUEST.
48 (C) EXTENSIONS. IN ANY PROCEEDINGS BROUGHT FOR RELIEF, IN EXTRAOR-
49 DINARY CIRCUMSTANCES AND FOR GOOD CAUSE SHOWN, THE PUBLIC HEALTH AUTHOR-
50 ITY MAY MOVE THE COURT TO EXTEND THE TIME FOR A HEARING, WHICH EXTENSION
51 THE COURT IN ITS DISCRETION MAY GRANT GIVING DUE REGARD TO THE RIGHTS OF
52 THE AFFECTED INDIVIDUALS, THE PROTECTION OF THE PUBLIC'S HEALTH, THE
53 SEVERITY OF THE EMERGENCY AND THE AVAILABILITY OF NECESSARY WITNESSES
54 AND EVIDENCE.
55 4. PROCEEDINGS. A RECORD OF THE PROCEEDINGS PURSUANT TO THIS SECTION
56 SHALL BE MADE AND RETAINED. IN THE EVENT THAT, GIVEN A STATE OF PUBLIC
A. 4698 18
1 HEALTH EMERGENCY, PARTIES CAN NOT PERSONALLY APPEAR BEFORE THE COURT,
2 PROCEEDINGS MAY BE CONDUCTED BY THEIR AUTHORIZED REPRESENTATIVES AND BE
3 HELD VIA ANY MEANS THAT ALLOWS ALL PARTIES TO FULLY PARTICIPATE.
4 5. COURT TO APPOINT COUNSEL AND CONSOLIDATE CLAIMS. (A) APPOINTMENT.
5 THE COURT SHALL APPOINT COUNSEL AT STATE EXPENSE TO REPRESENT INDIVID-
6 UALS OR GROUPS OF INDIVIDUALS WHO ARE OR WHO ARE ABOUT TO BE ISOLATED OR
7 QUARANTINED PURSUANT TO THE PROVISIONS OF THIS ARTICLE AND WHO ARE NOT
8 OTHERWISE REPRESENTED BY COUNSEL. APPOINTMENTS SHALL BE MADE IN ACCORD-
9 ANCE WITH THE PROCEDURES TO BE SPECIFIED IN THE PUBLIC HEALTH EMERGENCY
10 PLAN AND SHALL LAST THROUGHOUT THE DURATION OF THE ISOLATION OR QUARAN-
11 TINE OF THE INDIVIDUAL OR GROUP OF INDIVIDUALS. THE PUBLIC HEALTH
12 AUTHORITY SHALL PROVIDE ADEQUATE MEANS OF COMMUNICATION BETWEEN SUCH
13 INDIVIDUALS OR GROUPS AND THEIR COUNSEL.
14 (B) CONSOLIDATION. IN ANY PROCEEDINGS BROUGHT PURSUANT TO THIS
15 SECTION, TO PROMOTE THE FAIR AND EFFICIENT OPERATION OF JUSTICE AND
16 HAVING GIVEN DUE REGARD TO THE RIGHTS OF THE AFFECTED INDIVIDUALS, THE
17 PROTECTION OF THE PUBLIC'S HEALTH, THE SEVERITY OF THE EMERGENCY AND THE
18 AVAILABILITY OF NECESSARY WITNESSES AND EVIDENCE, THE COURT MAY ORDER
19 THE CONSOLIDATION OF INDIVIDUAL CLAIMS INTO GROUP OR CLAIMS WHERE:
20 (I) THE NUMBER OF INDIVIDUALS INVOLVED OR TO BE AFFECTED IS SO LARGE
21 AS TO RENDER INDIVIDUAL PARTICIPATION IMPRACTICAL;
22 (II) THERE ARE QUESTIONS OF LAW OR FACT COMMON TO THE INDIVIDUAL
23 CLAIMS OR RIGHTS TO BE DETERMINED;
24 (III) THE GROUP CLAIMS OR RIGHTS TO BE DETERMINED ARE TYPICAL OF THE
25 AFFECTED INDIVIDUALS' CLAIMS OR RIGHTS; AND
26 (IV) THE ENTIRE GROUP WILL BE ADEQUATELY REPRESENTED IN THE CONSOL-
27 IDATION.
28 S 1045. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS. THE
29 PUBLIC HEALTH AUTHORITY MAY, FOR SUCH PERIOD AS THE STATE OF PUBLIC
30 HEALTH EMERGENCY EXISTS, COLLECT SPECIMENS AND PERFORM TESTS ON LIVING
31 PERSONS PURSUANT TO SECTION ONE THOUSAND FORTY-ONE OF THIS TITLE AND
32 ALSO UPON DECEASED PERSONS AND ANIMALS (LIVING OR DECEASED), AND ACQUIRE
33 ANY PREVIOUSLY COLLECTED SPECIMENS OR TEST RESULTS THAT ARE REASONABLE
34 AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY.
35 1. MARKING. ALL SPECIMENS SHALL BE CLEARLY MARKED.
36 2. CONTAMINATION. SPECIMEN COLLECTION, HANDLING, STORAGE AND TRANSPORT
37 TO THE TESTING SITE SHALL BE PERFORMED IN A MANNER THAT WILL REASONABLY
38 PRECLUDE SPECIMEN CONTAMINATION OR ADULTERATION, AND PROVIDE FOR THE
39 SAFE COLLECTION, STORAGE, HANDLING AND TRANSPORT OF SUCH SPECIMEN.
40 3. CHAIN OF CUSTODY. ANY PERSON AUTHORIZED TO COLLECT SPECIMENS OR
41 PERFORM TESTS SHALL USE CHAIN OF CUSTODY PROCEDURES TO ENSURE PROPER
42 RECORD KEEPING, HANDLING, LABELING AND IDENTIFICATION OF SPECIMENS TO BE
43 TESTED. THIS REQUIREMENT APPLIES TO ALL SPECIMENS, INCLUDING SPECIMENS
44 COLLECTED USING ON-SITE TESTING KITS.
45 4. CRIMINAL INVESTIGATION. RECOGNIZING THAT, DURING A STATE OF PUBLIC
46 HEALTH EMERGENCY, ANY SPECIMEN COLLECTED OR TEST PERFORMED MAY BE
47 EVIDENCE IN A CRIMINAL INVESTIGATION, ANY BUSINESS, FACILITY OR AGENCY
48 AUTHORIZED TO COLLECT SPECIMENS OR PERFORM TESTS SHALL PROVIDE SUCH
49 SUPPORT AS IS REASONABLE AND NECESSARY TO AID IN A RELEVANT CRIMINAL
50 INVESTIGATION.
51 S 1046. ACCESS AND DISCLOSURE OF PROTECTED HEALTH INFORMATION. 1.
52 ACCESS. ACCESS TO PROTECTED HEALTH INFORMATION OF PERSONS WHO HAVE
53 PARTICIPATED IN MEDICAL TESTING, TREATMENT, VACCINATION, ISOLATION OR
54 QUARANTINE PROGRAMS, OR EFFORTS BY THE PUBLIC HEALTH AUTHORITY DURING A
55 PUBLIC HEALTH EMERGENCY SHALL BE LIMITED TO THOSE PERSONS HAVING A
56 LEGITIMATE NEED TO ACQUIRE OR USE SUCH INFORMATION TO:
A. 4698 19
1 (A) PROVIDE TREATMENT TO THE INDIVIDUAL WHO IS THE SUBJECT OF SUCH
2 INFORMATION;
3 (B) CONDUCT EPIDEMIOLOGIC RESEARCH; OR
4 (C) INVESTIGATE THE CAUSES OF TRANSMISSION.
5 2. DISCLOSURE. PROTECTED HEALTH INFORMATION HELD BY THE PUBLIC HEALTH
6 AUTHORITY SHALL NOT BE DISCLOSED TO ANOTHER PERSON WITHOUT INDIVIDUAL,
7 WRITTEN, SPECIFIC, INFORMED CONSENT, EXCEPT FOR DISCLOSURES MADE:
8 (A) DIRECTLY TO THE INDIVIDUAL;
9 (B) TO THE INDIVIDUAL'S IMMEDIATE FAMILY MEMBERS OR PERSONAL REPRESEN-
10 TATIVE;
11 (C) TO APPROPRIATE FEDERAL AGENCIES OR AUTHORITIES PURSUANT TO FEDERAL
12 LAW;
13 (D) PURSUANT TO A COURT ORDER TO AVERT A CLEAR DANGER TO AN INDIVIDUAL
14 OR THE PUBLIC HEALTH; OR
15 (E) TO IDENTIFY A DECEASED INDIVIDUAL OR DETERMINE THE MANNER OR CAUSE
16 OF DEATH.
17 S 1047. LICENSING AND APPOINTMENT OF HEALTH PERSONNEL. THE PUBLIC
18 HEALTH AUTHORITY MAY EXERCISE, FOR SUCH PERIOD AS THE STATE OF PUBLIC
19 HEALTH EMERGENCY EXISTS, THE FOLLOWING EMERGENCY POWERS REGARDING THE
20 LICENSING AND APPOINTMENT OF HEALTH PERSONNEL:
21 1. HEALTH CARE PROVIDERS. TO REQUIRE IN-STATE HEALTH CARE PROVIDERS TO
22 ASSIST IN THE PERFORMANCE OF VACCINATION, EXAMINATION AND TREATMENT OF
23 ANY PERSON AS A CONDITION OF CONTINUED LICENSURE AUTHORIZATION, OR THE
24 ABILITY TO CONTINUE TO FUNCTION AS A HEALTH CARE PROVIDER IN THIS STATE.
25 2. HEALTH CARE PROVIDERS FROM OTHER JURISDICTIONS. TO APPOINT AND
26 PRESCRIBE THE DUTIES OF SUCH OUT-OF-STATE EMERGENCY HEALTH CARE PROVID-
27 ERS AS MAY BE REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH
28 EMERGENCY.
29 (A) THE APPOINTMENT OF OUT-OF-STATE EMERGENCY HEALTH CARE PROVIDERS
30 PURSUANT TO THIS SUBDIVISION MAY BE FOR A LIMITED OR UNLIMITED TIME, BUT
31 SHALL NOT EXCEED THE TERMINATION OF THE DECLARATION OF A STATE OF PUBLIC
32 HEALTH EMERGENCY. THE PUBLIC HEALTH AUTHORITY MAY TERMINATE THE OUT-OF-
33 STATE APPOINTMENTS AT ANY TIME OR FOR ANY REASON PROVIDED THAT ANY SUCH
34 TERMINATION WILL NOT JEOPARDIZE THE HEALTH, SAFETY AND WELFARE OF THE
35 PEOPLE OF THIS STATE.
36 (B) THE PUBLIC HEALTH AUTHORITY MAY WAIVE ANY OR ALL LICENSING
37 REQUIREMENTS, PERMITS AND FEES REQUIRED BY STATE LAW AND APPLICABLE
38 ORDERS, RULES OR REGULATIONS FOR HEALTH CARE PROVIDERS FROM OTHER JURIS-
39 DICTIONS TO PRACTICE IN THIS STATE.
40 (C) ANY OUT-OF-STATE EMERGENCY HEALTH CARE PROVIDER APPOINTED PURSUANT
41 TO THIS SUBDIVISION SHALL NOT BE HELD LIABLE FOR ANY CIVIL DAMAGES AS A
42 RESULT OF MEDICAL CARE OR TREATMENT RELATED TO THE RESPONSE TO THE
43 PUBLIC HEALTH EMERGENCY UNLESS SUCH DAMAGES RESULT FROM PROVIDING OR
44 FAILING TO PROVIDE MEDICAL CARE OR TREATMENT UNDER CIRCUMSTANCES DEMON-
45 STRATING A RECKLESS DISREGARD FOR THE CONSEQUENCES SO AS TO AFFECT THE
46 LIFE OR HEALTH OF THE PATIENT.
47 3. PERSONNEL TO PERFORM DUTIES OF MEDICAL EXAMINER OR CORONER. TO
48 AUTHORIZE A MEDICAL EXAMINER OR CORONER TO APPOINT AND PRESCRIBE THE
49 DUTIES OF SUCH EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS AS MAY
50 BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES OF THE OFFICE.
51 (A) THE APPOINTMENT OF EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORON-
52 ERS PURSUANT TO THIS SUBDIVISION MAY BE FOR A LIMITED OR UNLIMITED TIME,
53 BUT SHALL NOT EXCEED THE TERMINATION OF THE DECLARATION OF A STATE OF
54 PUBLIC HEALTH EMERGENCY. THE MEDICAL EXAMINER OR CORONER MAY TERMINATE
55 SUCH EMERGENCY APPOINTMENTS AT ANY TIME OR FOR ANY REASON, PROVIDED THAT
A. 4698 20
1 ANY SUCH TERMINATION WILL NOT IMPEDE THE PERFORMANCE OF DUTIES OF THE
2 OFFICE.
3 (B) THE MEDICAL EXAMINER OR CORONER MAY WAIVE ANY OR ALL LICENSING
4 REQUIREMENTS, PERMITS AND FEES REQUIRED BY STATE LAW AND APPLICABLE
5 ORDERS, RULES AND REGULATIONS FOR THE PERFORMANCE OF SUCH DUTIES.
6 (C) ANY EMERGENCY ASSISTANT MEDICAL EXAMINER OR CORONER APPOINTED
7 PURSUANT TO THIS SUBDIVISION, AND ACTING WITHOUT MALICE AND WITHIN THE
8 SCOPE OF HIS OR HER PRESCRIBED DUTIES SHALL BE IMMUNE FROM CIVIL LIABIL-
9 ITY IN THE PERFORMANCE OF SUCH DUTIES.
10 TITLE VII
11 PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCIES
12 SECTION 1050. DISSEMINATION OF INFORMATION.
13 1051. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL.
14 S 1050. DISSEMINATION OF INFORMATION. THE PUBLIC HEALTH AUTHORITY
15 SHALL INFORM THE PEOPLE OF THE STATE WHEN A STATE OF PUBLIC HEALTH EMER-
16 GENCY HAS BEEN DECLARED OR TERMINATED, HOW TO PROTECT THEMSELVES AND
17 WHAT ACTIONS ARE BEING TAKEN TO CONTROL THE EMERGENCY.
18 1. MEANS OF DISSEMINATION. THE PUBLIC HEALTH AUTHORITY SHALL PROVIDE
19 INFORMATION BY ALL AVAILABLE AND REASONABLE MEANS CALCULATED TO BRING
20 THE INFORMATION PROMPTLY TO THE ATTENTION OF THE GENERAL PUBLIC.
21 2. LANGUAGES. IF THE PUBLIC HEALTH AUTHORITY HAS REASON TO BELIEVE
22 THERE ARE LARGE NUMBERS OF PEOPLE OF THE STATE WHO LACK SUFFICIENT
23 SKILLS IN ENGLISH TO UNDERSTAND THE INFORMATION, THE PUBLIC HEALTH
24 AUTHORITY SHALL MAKE REASONABLE EFFORTS TO PROVIDE THE INFORMATION IN
25 THE PRIMARY LANGUAGES OF THOSE PEOPLE AS WELL AS IN ENGLISH.
26 3. ACCESSIBILITY. THE PROVISION OF INFORMATION SHALL BE MADE IN A
27 MANNER ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES.
28 S 1051. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL. DURING AND AFTER
29 THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC HEALTH
30 AUTHORITY SHALL PROVIDE INFORMATION ABOUT AND REFERRALS TO MENTAL HEALTH
31 SUPPORT PERSONNEL TO ADDRESS PSYCHOLOGICAL RESPONSES TO THE PUBLIC
32 HEALTH EMERGENCY.
33 TITLE VIII
34 MISCELLANEOUS
35 SECTION 1070. TITLES.
36 1071. RULES AND REGULATIONS.
37 1072. FINANCING AND EXPENSES.
38 1073. LIABILITY.
39 1074. COMPENSATION.
40 1075. SEVERABILITY.
41 1076. SAVING CLAUSE.
42 1077. CONFLICTING LAWS.
43 S 1070. TITLES. FOR THE PURPOSES OF THIS ARTICLE, THE TITLES OF THE
44 TITLES, SECTIONS, SUBDIVISIONS AND PARAGRAPHS ARE INSTRUCTIVE, BUT NOT
45 BINDING.
46 S 1071. RULES AND REGULATIONS. THE PUBLIC HEALTH AUTHORITY AND OTHER
47 AFFECTED AGENCIES ARE AUTHORIZED TO PROMULGATE AND IMPLEMENT SUCH RULES
48 AND REGULATIONS AS ARE REASONABLE AND NECESSARY TO IMPLEMENT AND EFFEC-
49 TUATE THE PROVISIONS OF THIS ARTICLE. THE PUBLIC HEALTH AUTHORITY AND
50 OTHER AFFECTED AGENCIES SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
51 OF THIS ARTICLE THROUGH THE IMPOSITION OF FINES AND PENALTIES, THE ISSU-
52 ANCE OF ORDERS AND SUCH OTHER REMEDIES AS ARE PROVIDED BY LAW, BUT NOTH-
53 ING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE SPECIFIC ENFORCEMENT
54 POWERS ENUMERATED IN THIS ARTICLE.
A. 4698 21
1 S 1072. FINANCING AND EXPENSES. 1. TRANSFER OF FUNDS. THE GOVERNOR MAY
2 TRANSFER FROM ANY FUND AVAILABLE TO THE GOVERNOR IN THE STATE TREASURY
3 SUCH SUMS AS MAY BE NECESSARY DURING A STATE OF PUBLIC HEALTH EMERGENCY.
4 2. REPAYMENT. MONIES SO TRANSFERRED SHALL BE REPAID TO THE FUND FROM
5 WHICH THEY WERE TRANSFERRED WHEN MONIES BECOME AVAILABLE FOR THAT
6 PURPOSE, BY LEGISLATIVE APPROPRIATION OR OTHERWISE.
7 3. CONDITIONS. A TRANSFER OF FUNDS BY THE GOVERNOR UNDER THE
8 PROVISIONS OF THIS SECTION MAY BE MADE ONLY WHEN ONE OR MORE OF THE
9 FOLLOWING CONDITIONS EXIST:
10 (A) NO APPROPRIATION OR OTHER AUTHORIZATION IS AVAILABLE TO MEET THE
11 PUBLIC HEALTH EMERGENCY.
12 (B) AN APPROPRIATION IS INSUFFICIENT TO MEET THE PUBLIC HEALTH EMER-
13 GENCY.
14 (C) FEDERAL MONIES AVAILABLE FOR SUCH A PUBLIC HEALTH EMERGENCY
15 REQUIRE THE USE OF STATE OR OTHER PUBLIC MONIES.
16 4. EXPENSES. ALL EXPENSES INCURRED BY THE STATE DURING A STATE OF
17 PUBLIC HEALTH EMERGENCY SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:
18 (A) NO EXPENSE SHALL BE INCURRED AGAINST THE MONIES AUTHORIZED UNDER
19 THIS SECTION, WITHOUT THE GENERAL APPROVAL OF THE GOVERNOR.
20 (B) MONIES AUTHORIZED FOR A STATE OF PUBLIC HEALTH EMERGENCY IN PRIOR
21 FISCAL YEARS MAY BE USED IN SUBSEQUENT FISCAL YEARS ONLY FOR THE PUBLIC
22 HEALTH EMERGENCY FOR WHICH THEY WERE AUTHORIZED.
23 S 1073. LIABILITY. 1. STATE IMMUNITY. NEITHER THE STATE, ITS POLITICAL
24 SUBDIVISIONS, NOR, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL
25 MISCONDUCT, THE GOVERNOR, THE PUBLIC HEALTH AUTHORITY AND ANY OTHER
26 STATE OR LOCAL OFFICIAL REFERENCED IN THIS ARTICLE, IS LIABLE FOR THE
27 DEATH OF OR ANY INJURY TO PERSONS, OR DAMAGE TO PROPERTY, AS A RESULT OF
28 COMPLYING WITH OR ATTEMPTING TO COMPLY WITH THIS ARTICLE OR ANY RULE OR
29 REGULATION PROMULGATED PURSUANT TO THIS ARTICLE DURING A STATE OF PUBLIC
30 HEALTH EMERGENCY.
31 2. PRIVATE LIABILITY. (A) DURING A STATE OF PUBLIC HEALTH EMERGENCY,
32 ANY PERSON OWNING OR CONTROLLING REAL PROPERTY OR OTHER PREMISES WHO
33 VOLUNTARILY AND WITHOUT COMPENSATION GRANTS A LICENSE OR PRIVILEGE, OR
34 OTHERWISE PERMITS THE DESIGNATION OR USE OF THE WHOLE OR ANY PART OR
35 PARTS OF SUCH REAL PROPERTY OR PREMISES FOR THE PURPOSE OF SHELTERING
36 PERSONS, TOGETHER WITH SUCH PERSON'S SUCCESSORS IN INTEREST, IF ANY,
37 SHALL NOT BE CIVILLY LIABLE FOR NEGLIGENTLY CAUSING THE DEATH OF OR
38 INJURY TO ANY PERSON ON OR ABOUT SUCH REAL PROPERTY OR PREMISES UNDER
39 SUCH LICENSE, PRIVILEGE OR OTHER PERMISSION, OR FOR NEGLIGENTLY CAUSING
40 LOSS OF OR DAMAGE TO THE PROPERTY OF SUCH PERSON.
41 (B) DURING A STATE OF PUBLIC HEALTH EMERGENCY, ANY PRIVATE PERSON,
42 FIRM OR CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM
43 OR CORPORATION IN THE PERFORMANCE OF A CONTRACT WITH AND UNDER THE
44 DIRECTION OF THE STATE OR ITS POLITICAL SUBDIVISION UNDER THE PROVISIONS
45 OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING THE DEATH OF OR
46 INJURY TO ANY PERSON, OR DAMAGE TO ANY PROPERTY, EXCEPT IN THE EVENT OF
47 GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
48 (C) DURING A STATE OF PUBLIC HEALTH EMERGENCY, ANY PRIVATE PERSON,
49 FIRM OR CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM
50 OR CORPORATION, WHO RENDERS ASSISTANCE OR ADVICE AT THE REQUEST OF THE
51 STATE OR ITS POLITICAL SUBDIVISIONS UNDER THE PROVISIONS OF THIS ARTICLE
52 SHALL NOT BE CIVILLY LIABLE FOR CAUSING THE DEATH OF OR INJURY TO ANY
53 PERSON, OR DAMAGE TO ANY PROPERTY, EXCEPT IN THE EVENT OF GROSS NEGLI-
54 GENCE OR WILLFUL MISCONDUCT.
55 (D) THE IMMUNITIES PROVIDED IN THIS SECTION SHALL NOT APPLY TO ANY
56 PRIVATE PERSON, FIRM, OR CORPORATION, OR THE EMPLOYEES AND AGENTS OF
A. 4698 22
1 SUCH PERSON, FIRM OR CORPORATION WHOSE ACT OR OMISSION CAUSED IN WHOLE
2 OR IN PART THE PUBLIC HEALTH EMERGENCY, AND WHO WOULD OTHERWISE BE
3 LIABLE THEREFOR.
4 S 1074. COMPENSATION. 1. TAKING. COMPENSATION FOR PROPERTY SHALL BE
5 MADE ONLY IF PRIVATE PROPERTY IS LAWFULLY TAKEN OR APPROPRIATED BY A
6 PUBLIC HEALTH AUTHORITY FOR ITS TEMPORARY OR PERMANENT USE DURING A
7 STATE OF PUBLIC HEALTH EMERGENCY DECLARED BY THE GOVERNOR PURSUANT TO
8 THIS ARTICLE.
9 2. ACTIONS. ANY ACTION AGAINST THE STATE WITH REGARD TO THE PAYMENT OF
10 COMPENSATION SHALL BE BROUGHT IN THE COURT OF CLAIMS IN ACCORDANCE WITH
11 THE STATE CONSTITUTION, EXISTING STATE LAW, COURT RULES, OR ANY SUCH
12 RULES THAT MAY BE DEVELOPED BY THE COURTS FOR USE DURING A STATE OF
13 PUBLIC HEALTH EMERGENCY.
14 3. AMOUNT. THE AMOUNT OF COMPENSATION SHALL BE CALCULATED IN THE SAME
15 MANNER AS COMPENSATION DUE FOR TAKING OF PROPERTY PURSUANT TO THE
16 PROVISIONS OF THE EMINENT DOMAIN PROCEDURE LAW, EXCEPT THAT THE AMOUNT
17 OF COMPENSATION CALCULATED FOR ITEMS OBTAINED UNDER SECTION ONE THOUSAND
18 THIRTY-FOUR OF THIS ARTICLE SHALL BE LIMITED TO THE COSTS INCURRED TO
19 PRODUCE THE ITEM.
20 S 1075. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE. IF
21 ANY PROVISION OF THIS ARTICLE OR ITS APPLICATION TO ANY PERSON OR
22 CIRCUMSTANCES IS HELD INVALID IN A FEDERAL OR STATE COURT HAVING JURIS-
23 DICTION, THE INVALIDITY WILL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS
24 OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION
25 OR APPLICATION.
26 S 1076. SAVING CLAUSE. THIS ARTICLE DOES NOT EXPLICITLY PREEMPT OTHER
27 LAWS OR REGULATIONS THAT PRESERVE TO A GREATER DEGREE THE POWERS OF THE
28 GOVERNOR OR PUBLIC HEALTH AUTHORITY, PROVIDED SUCH LAWS OR REGULATIONS
29 ARE CONSISTENT, AND DO NOT OTHERWISE RESTRICT OR INTERFERE, WITH THE
30 OPERATION OR ENFORCEMENT OF THE PROVISIONS OF THIS ARTICLE.
31 S 1077. CONFLICTING LAWS. 1. FEDERAL SUPREMACY. THIS ARTICLE DOES NOT
32 RESTRICT ANY PERSON FROM COMPLYING WITH FEDERAL LAWS OR REGULATIONS.
33 2. PRIOR CONFLICTING ACTS. IN THE EVENT OF A CONFLICT BETWEEN THIS
34 ARTICLE AND ANY OTHER PROVISION OF LAW, RULE OR REGULATION CONCERNING
35 PUBLIC HEALTH POWERS, THE PROVISIONS OF THIS ARTICLE APPLY.
36 S 3. This act shall take effect immediately.
