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STATUS:
S5841 HANNON
Public Health Law
TITLE....Creates the state emergency health powers act
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11/30/01 |
REFERRED TO RULES |
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BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________
5841
2001-2002 Regular Sessions
IN SENATE
November 30, 2001
___________
Introduced by Sens. HANNON, SEWARD -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to the state emergen-
cy health powers act
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. In the wake of the tragic events of September 11, 2001,
2 our nation has come to the realization 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 seri-
6 ous and immediate threats to the population. A renewed focus on the
7 prevention, detection, management, and containment of public health
8 emergencies is thus called for.
9 Emergency health threats, including those caused by bioterrorism and
10 epidemics, require the exercise of extraordinary government functions.
11 Because each state is responsible for safeguarding the health, security,
12 and well being of its people, state governments must be able to respond,
13 rapidly and effectively, to potential or actual public health emergen-
14 cies. The state emergency health powers act, hereby known as the act,
15 therefore grants specific emergency powers to state governors and public
16 health authorities.
17 The act authorizes the collection of data and records, the control of
18 property, the management of persons, and access to communications. It
19 facilitates the early detection of a health emergency, and allows for
20 immediate investigation by granting access to individuals' health infor-
21 mation under specified circumstances. Under the act, state officials are
22 authorized to use and appropriate property as necessary for the care,
23 treatment, and housing of patients, and for the destruction of contam-
24 inated materials. They are also empowered to provide care and treatment
25 to persons who are ill or who have been exposed to infection, and to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14067-02-1
S. 5841 2
1
separate affected individuals from
the population at
large for the
2
purpose of interrupting the
transmission of infectious disease.
Final-
3
ly, the act requires the development of a comprehensive plan to provide
4
a coordinated, appropriate
response in the event of a public health
5
emergency.
6
At the same time, the act recognizes that a state's ability to respond
7 to a public health
emergency must respect the dignity
and rights of
8
persons. The exercise of
emergency health powers is designed to promote
9
the common good. Emergency powers must be grounded in a thorough scien-
10
tific understanding of public health threats and disease
transmission.
11
Guided by principles of justice, states have a duty to act with fairness
12
and tolerance towards individuals and
groups. The act
thus provides
13
that, in the
event of the
exercise of emergency powers,
the civil
14
rights, liberties, and needs of infected or exposed persons
will be
15
protected given the primary goal of controlling serious health threats.
16
Public health laws
and our courts have traditionally balanced the
17
common good with individual civil liberties. As Justice Harlan
wrote in
18
the seminal United States Supreme Court case of Jacobson v.
Massachu-
19 setts, "the whole people covenants with
each citizen, and each citizen
20
with the whole
people, that all shall be governed by certain laws for
21
the 'common good.'" The act strikes such a balance. It
provides state
22
officials with the ability to prevent, detect, manage, and contain emer-
23 gency health
threats without unduly
interfering with civil rights and
24
liberties. The act ensures a strong, effective, and timely response
to
25
public health emergencies, while
fostering respect for individuals from
26
all groups and backgrounds.
27
§ 2. The public health law is amended by adding a new article
10 to
28
read as follows:
29 ARTICLE
10
30 STATE
EMERGENCY HEALTH POWERS ACT
31 Title I. Findings, purposes and definitions (§§ 1000-1003).
32
II.
Measures to detect
and track potential and existing public
33 health emergencies (§§
1010-1012).
34
III. Declaring state of public health
emergency (§§ 1020-1024).
35
IV. Special powers during state
of public health
emergency;
36 control of property
(§§ 1030-1036).
37
V. Special powers during state of public
health emergency; control
38 of persons (§§
1040-1046).
39 VI. Public information
regarding public health
emergencies (§§
40 1050-1051).
41
VII. Planning for public health
emergency (§§ 1060-1061).
42
VIII. Miscellaneous (§§ 1070-1076).
43 TITLE I
44 FINDINGS,
PURPOSES AND DEFINITIONS
45 Section 1000. Short title.
46
1001. Legislative findings.
47
1002. Purposes.
48
1003. Definitions.
49
§ 1000. Short title. This act may be
cited as the "state emergency
50 health powers act."
51
§ 1001. Legislative findings. The
legislature finds that:
52
1.
The government must
do more to protect the health, safety,
and
53 general well being of our citizens.
54
2. New and emerging dangers -- including
emergent and resurgent infec-
55 tious diseases and incidents of civilian mass casualties --
pose serious
56 and immediate threats.
S. 5841 3
1
3. A renewed focus on
the prevention, detection,
management, and
2 containment of public health emergencies is called for.
3
4.
Emergency health threats, including those caused by
bioterrorism
4 and epidemics, require the exercise of extraordinary government func-
5 tions.
6
5.
This state must
have the ability to respond, rapidly and effec-
7 tively, to potential or actual public health emergencies.
8
6. The exercise of emergency health
powers must promote the common
9 good.
10
7.
Emergency health powers must be
grounded in a thorough scientific
11 understanding of public health threats and disease
transmission.
12
8. Guided by principles of justice, it
is the duty of the state to act
13 with fairness and tolerance towards individuals and groups.
14
9. The rights of people to liberty,
bodily integrity, and privacy must
15 be respected to the fullest extent possible consistent with
the overrid-
16 ing importance of the public's health and security.
17
10. This act is necessary to protect
the health and safety of
the
18 citizens of the state.
19
§ 1002. Purposes. The purposes of this
act are:
20
1.
To authorize the
collection of data and records, the control of
21 property, the management of persons, and access to
communications.
22
2. To facilitate the early detection of
a health emergency, and allow
23 for immediate investigation of such an emergency by
granting access to
24 individuals' health information under specified
circumstances.
25
3. To grant state officials the
authority to use and appropriate prop-
26 erty as necessary for the care, treatment, and housing of
patients, and
27 for the destruction of contaminated materials.
28
4.
To grant state officials the
authority to provide care and treat-
29 ment to persons who are ill or who have been exposed
to infection, and
30 to separate affected
individuals from the population at large for the
31 purpose of interrupting the transmission of infectious
disease.
32
5. To ensure that the needs of infected
or exposed persons will be
33 addressed to the
fullest extent possible, given the primary goal of
34 controlling serious health threats.
35
6. To provide state officials with
the ability to prevent, detect,
36 manage, and contain
emergency health threats without unduly interfering
37 with civil rights and liberties.
38
7. To require the development of a
comprehensive plan to provide for a
39 coordinated, appropriate response in the event of a public
health emer-
40 gency.
41
§ 1003. Definitions. For the purposes of
this article:
42
1.
"Bioterrorism"
means the intentional
use of any microorganism,
43 virus, infectious substance, or biological product that
may be engi-
44 neered as a
result of biotechnology, or any naturally occurring or
45 bioengineered component of any such microorganism, virus,
infectious
46 substance, or biological
product, to cause death, disease, or other
47 biological malfunction in a human, an animal, a plant, or
another living
48 organism in order to influence the conduct of
government or to intim-
49 idate or coerce a civilian population.
50
2.
"Chain of custody" means the methodology of tracking specimens
for
51 the purpose of maintaining control
and accountability from
initial
52 collection to final
disposition of the
specimens and providing for
53 accountability at each stage of collecting, handling,
testing, storing,
54 and transporting the specimens and reporting test results.
55
3. "Contagious disease" means
an infectious disease that can be trans-
56 mitted from person to person, animal to person, or insect
to person.
S. 5841 4
1
4. "Health care facility"
means any non-federal institution, building,
2 or agency or portion thereof, whether public or
private (for-profit or
3 nonprofit) that
is used, operated,
or designed to
provide health
4 services, medical treatment, or nursing, rehabilitative, or
preventive
5 care to any
person or persons. This
includes, but is not limited to:
6 ambulatory surgical facilities, health maintenance organizations, home
7 health
agencies, hospices, hospitals,
infirmaries, intermediate care
8 facilities, kidney treatment centers, long term care
facilities, medical
9 assistance facilities, mental health centers, outpatient
facilities,
10 public health centers, rehabilitation facilities, residential
treatments
11 facilities, skilled
nursing facilities, and adult day-care centers. The
12 term also includes, but is not limited to, the following
related proper-
13 ty when used for or in
connection with the
foregoing: laboratories;
14 research
facilities; pharmacies; laundry facilities; health personnel
15 training and lodging facilities; patient, guest, and
health personnel
16 food service facilities;
and offices and office buildings for persons
17 engaged in health care professions or services.
18
5. "Health care provider"
means any person or
entity who provides
19 health care services including, but not limited to,
hospitals, medical
20 clinics and offices,
special care facilities,
medical laboratories,
21 physicians,
pharmacists, dentists, physician
assistants, nurse practi-
22 tioners, registered and other nurses, paramedics,
emergency medical or
23 laboratory technicians, and ambulance and emergency medical
workers.
24
6.
"Infectious disease"
means a disease caused by a living organism.
25 An infectious disease may, or may not, be transmissible
from person to
26 person, animal to person, or insect to person.
27
7. "Infectious waste" means:
28
(a)
"biological
waste," which includes
blood and blood products,
29 excretions, exudates, secretions, suctioning and other body
fluids, and
30 waste materials saturated with blood or body fluids;
31 (b)
"cultures and stocks," which includes etiologic agents and associ-
32 ated
biologicals, including specimen
cultures and dishes and devices
33 used to transfer, inoculate, and mix cultures, wastes from
production of
34 biologicals and serums, and discarded live and attenuated
vaccines;
35
(c) "pathological waste,"
which includes biopsy
materials and all
36 human tissues, anatomical parts that emanate from surgery,
obstetrical
37 procedures, autopsy
and laboratory procedures
and animal carcasses
38 exposed to pathogens
in research and the bedding and other waste from
39 such animals, but does not include teeth or formaldehyde or
other pres-
40 ervative agents; and
41
(d) "sharps," which includes
needles, IV tubing with needles attached,
42 scalpel blades,
lancets, glass tubes that could be broken during handl-
43 ing, and syringes that have been removed from
their original sterile
44 containers.
45
8.
"Isolation" and "quarantine" mean the compulsory physical sepa-
46 ration (including the restriction of movement or
confinement) of indi-
47 viduals and/or
groups believed to have been exposed to or known to have
48 been infected
with a contagious disease from
individuals who are
49 believed not to
have been exposed or infected, in order to prevent or
50 limit the transmission of the disease to others.
51
9. "Mental health support
personnel" includes, but is not limited
to,
52 psychiatrists, psychologists, social workers, and volunteer
crisis coun-
53 seling groups.
54
10.
"Protected health information" means any information,
whether
55 oral, written, electronic, visual, pictorial, physical,
or any other
56 form, that relates
to an individual's past, present, or future physical
S. 5841 5
1 or mental health
status, condition, treatment,
service, products
2 purchase, or provision
of care, and that reveals the
identity of the
3 individual whose health care is the subject of the
information, or where
4 there is a
reasonable basis to
believe such information could be
5 utilized (either alone or with other information
that is, or
should
6 reasonably be known to be, available to predictable
recipients of such
7 information) to reveal the identity of that individual.
8
11. "Department" means the
department of health.
9
12. "Public health emergency"
means an occurrence or imminent threat
10 of an illness or health condition, caused by
bioterrorism, epidemic or
11 pandemic disease, or novel and highly fatal infectious
agent or biolog-
12 ical toxin, that
poses a substantial risk of a
significant number of
13 human fatalities or incidents of permanent or long-term
disability. Such
14 illness or health condition includes, but is not limited
to, an illness
15 or health condition resulting from a natural disaster.
16
13.
"Specimens" include, but are not limited to, blood, sputum, urine,
17 stool, other bodily fluids, wastes, tissues, and cultures
necessary to
18 perform required tests.
19
14. "Tests" include, but are
not limited to, any diagnostic or inves-
20 tigative analyses
necessary to prevent the spread of disease or protect
21 the public's health, safety, and welfare.
22 TITLE
II
23
MEASURES TO DETECT AND TRACK POTENTIAL
AND EXISTING PUBLIC
24 HEALTH
EMERGENCIES
25 Section 1010. Reporting.
26
1011. Tracking.
27
1012. Information sharing.
28
§ 1010. Reporting. 1. Illness or
health condition. A health care
29 provider, coroner, or medical examiner shall report all
cases of persons
30 who harbor any illness or health condition that may be
caused by bioter-
31 rorism,
epidemic or pandemic disease, or
novel and highly fatal infec-
32 tious agents or biological toxins and might pose a
substantial risk of a
33 significant number of human fatalities or
incidents of permanent
or
34 long-term
disability. Reportable illnesses
and health conditions
35 include, but are not limited to, the diseases caused
by the
biological
36 agents listed in
42 C.F.R. §
72, app. A(2000) and any illnesses or
37 health conditions identified by the public health authority
as potential
38 causes of a public health emergency.
39
2. Pharmacists. In addition to the
forgoing requirements for
health
40 care
providers, a pharmacist
shall report any unusual or increased
41 prescription rates, unusual types of prescriptions, or
unusual trends in
42 pharmacy visits that may be caused by bioterrorism,
epidemic or pandemic
43 disease, or novel and
highly fatal infectious
agents or biological
44 toxins and might
pose a substantial risk of a significant number of
45 human fatalities or incidents of permanent or
long-term disability.
46 Prescription-related
events that require a report
include, but are not
47 limited to:
48
(a) an unusual increase in the number of
prescriptions to treat fever,
49 respiratory, or gastrointestinal complaints;
50
(b) an unusual increase in the number of
prescriptions for antibiot-
51 ics;
52
(c)
an unusual increase in the
number of requests for information on
53 over-the-counter
pharmaceuticals to treat
fever, respiratory, or
54 gastrointestinal complaints; and
S. 5841 6
1
(d) any prescription that treats a
disease that is relatively uncommon
2 and has bioterrorism potential.
3
3.
Manner of reporting.
The report shall be made in writing within
4 twenty-four hours to the department. The report shall
include as much of
5 the following information as is available: the patient's
name, date of
6 birth, sex, race, and current address (including city
and county); the
7 name and address of the health care provider, coroner, or
medical exam-
8 iner and of the reporting individual, if different; and any
other infor-
9 mation needed to
locate the patient for follow-up. For cases related to
10 animal or insect bites, the suspected locating information
of the biting
11 animal or insect, and the name and address of any known
owner, shall be
12 reported.
13
4.
Animal diseases. Every veterinarian, livestock owner,
veterinary
14 diagnostic laboratory director, or other
person having the
care of
15 animals shall report animals having or suspected of having
any disease
16 that may be caused by bioterrorism, epidemic or
pandemic disease, or
17 novel and highly
fatal infectious agents or biological toxins and might
18 pose a substantial risk of a significant number
of human and
animal
19 fatalities or incidents of permanent or long-term
disability. The report
20 shall be made in
writing within twenty-four hours to the department and
21 shall include as much of the following information as is
available: the
22 suspected
locating information of the animal, the name and address of
23 any known owner, and the name and address of the reporting
individual.
24
5. Laboratories. For the purposes of
this section, the definition of
25 "health care
provider" shall include out-of-state medical laboratories,
26 provided that such laboratories have agreed to the
reporting require-
27 ments of this
state. Results must be reported
by the laboratory that
28 performs the test, but an in-state laboratory that sends
specimens to an
29 out-of-state laboratory is also responsible for reporting
results.
30
6. Enforcement. The department may enforce
the provisions of
this
31 section in accordance with existing enforcement rules and
regulations.
32
§
1011. Tracking. The
department shall ascertain the
existence of
33 cases of an illness or health condition, caused by
bioterrorism, epidem-
34 ic or pandemic disease, or novel and highly fatal infectious
agent or
35 biological toxin,
that poses a substantial risk of a significant number
36 of human fatalities or incidents of permanent or long-term
disability;
37 investigate
all such cases for sources of
infection and to ensure that
38 they are subject to proper control measures; and define the
distribution
39 of the illness or health condition. To fulfill these
duties, the depart-
40 ment shall identify exposed individuals as follows:
41
1. Identification of individuals. Acting
on information developed in
42 accordance with section ten hundred ten of this title, or
other reliable
43 information,
the department shall identify all individuals thought to
44 have been exposed to an illness or health condition,
caused by bioter-
45 rorism,
epidemic or pandemic disease, or
novel and highly fatal infec-
46 tious agents or biological toxins, that poses a
substantial risk of a
47 significant
number of human
fatalities or incidents of
permanent or
48 long-term disability.
49
2. Interviewing of individuals. The department shall
counsel and
50 interview such individuals
as appropriate to assist in the positive
51 identification of exposed individuals and develop information
relating
52 to the source and spread of the illness or health
condition. Such infor-
53 mation includes the
name and address (including city and county) of any
54 person from whom
the illness or
health condition may
have been
55 contracted and to whom the illness or health condition may
have spread.
S. 5841 7
1
3.
Examination of facilities or
materials. The department shall, for
2 examination purposes, close, evacuate, or decontaminate any
facility or
3 decontaminate
or destroy any
material when the authority
reasonably
4 suspects that such facility or material may endanger the
public health.
5
4.
Enforcement. An order
of the department given to effectuate the
6 purposes of this section shall be enforceable immediately
by the depart-
7 ment.
8
§ 1012. Information sharing. Sharing of
information on reportable
9 illnesses,
health conditions, unusual
clusters, or suspicious events
10 between authorized personnel of the department shall be
restricted to
11 information
necessary for the
treatment, control, investigation, and
12 prevention of a public health emergency.
13 TITLE
III
14 DECLARING STATE OF
PUBLIC HEALTH EMERGENCY
15 Section 1020. Standards for declaration.
16
1021. Procedures for declaration.
17
1022. Effect of declaration.
18
1023. Enforcement.
19
1024. Termination of declaration.
20
§ 1020. Standards for declaration. A
state of public health emergency
21 shall be declared by the governor if the governor finds an
occurrence or
22 imminent threat of
an illness or health condition, caused by bioterror-
23 ism, epidemic or pandemic disease, or novel and highly
fatal infectious
24 agents or
biological toxins, that poses a substantial risk of a signif-
25 icant number of human fatalities or incidents of permanent
or long-term
26 disability. To make
such a finding, the governor shall consult with the
27 department and may consult with any public health and
other experts as
28 needed. Nothing in
the duty of the governor to consult with the depart-
29 ment or the discretion to consult with public health or
other experts
30 shall be construed to limit the governor's authority to act
without such
31 consultation when the situation calls for prompt and timely
action.
32
§
1021. Procedures for
declaration. The state of public health emer-
33 gency shall be declared by an executive order that
indicates the nature
34 of the public health emergency, the area that is or
may be threatened,
35 and the conditions that have brought about the public
health emergency.
36
§ 1022. Effect of declaration. The
declaration of a state of
public
37 health
emergency shall activate
the disaster response and recovery
38 aspects of the state, local, and inter-jurisdictional
disaster emergency
39 plans in the affected area. Such declaration
authorizes the deployment
40 and use of any forces to which the plans apply and
the use or distrib-
41 ution of any supplies, equipment, and materials and
facilities assem-
42 bled,
stockpiled, or arranged
to be made available pursuant to
this
43 article.
44
1. Emergency powers. During a state of
public health emergency, the
45 governor may:
46
(a)
Suspend the provisions
of any regulatory statute prescribing
47 procedures for conducting state business, or the orders,
rules and regu-
48 lations of any state agency, if strict compliance with the
same would
49 prevent,
hinder, or delay
necessary action (including
emergency
50 purchases) by the department to respond to the public
health emergency,
51 and increase the health threat to the population.
52
(b)
Utilize all available resources of the state government and poli-
53 tical subdivisions of the state as reasonably
necessary to respond to
54 the public health emergency.
S. 5841 8
1
(c)
Transfer the direction,
personnel, or functions of state depart-
2 ments and agencies
to perform or
facilitate response and
recovery
3 programs regarding the public health emergency.
4
(d)
Mobilize all or any part of the organized militia into service of
5 the state. An order directing the organized militia to
report for active
6 duty shall state the purpose for which it is mobilized and
the objec-
7 tives to be accomplished.
8
(e)
Provide aid to and seek aid from
other states in accordance with
9 any interstate emergency compact made with this state.
10
2. Coordination. The department shall
coordinate all matters pertain-
11 ing to the public health emergency response of the state.
The department
12 shall have primary jurisdiction, responsibility, and authority
for:
13
(a)
Planning and executing public
health emergency assessment, miti-
14 gation, preparedness response, and recovery for the state;
15
(b) Coordinating public health emergency
response between state
and
16 local authorities;
17
(c)
Collaborating with relevant
federal government authorities,
18 elected officials of other states, private
organizations, or private
19 sector companies;
20
(d) Coordinating recovery operations and
mitigation initiatives subse-
21 quent to public health emergencies; and
22
(e)
Organizing public information activities regarding state
public
23 health emergency response operations.
24
3. Identification. After the declaration
of a state of public health
25 emergency,
special identification for all employees of the department
26 working during the emergency shall be issued as soon as
possible. The
27 identification shall indicate
the authority of the bearer to exercise
28 public health functions and emergency powers during the
state of public
29 health emergency. Employees of the department shall wear
the identifica-
30 tion in plain view.
31
§
1023. Enforcement. During a state of public health emergency,
the
32 department may request assistance in enforcing orders
pursuant to this
33 article. The
department may request assistance from the organized mili-
34 tia in enforcing the orders in accordance with this
article.
35
§ 1024. Termination of declaration. 1.
Executive order. The governor
36 shall terminate the
state of public health emergency by executive order
37 upon finding that the occurrence of an illness
or health condition
38 caused by bioterrorism, epidemic or pandemic disease, or
novel and high-
39 ly fatal infectious
agents or biological
toxins no longer poses a
40 substantial risk of a significant number of human fatalities
or inci-
41 dents of permanent or long-term disability or that
the imminent threat
42 of such an occurrence has passed.
43
2. Automatic termination.
Notwithstanding any other provision of
this
44 article, a state of public health emergency shall be
terminated automat-
45 ically thirty days
after its declaration unless renewed by the governor
46 under the same standards and procedures set forth in
this title for a
47 declaration of a
state of public health emergency. Any such renewal
48 shall also be terminated automatically after thirty days
unless renewed
49 by the governor
under the same standards and
procedures set forth in
50 this title for a declaration of a state of public health
emergency.
51
3. State legislature. The state
legislature may terminate a state of
52 public health emergency
after sixty days
from the date of original
53 declaration upon finding that the occurrence of an illness or
health
54 condition caused by bioterrorism, epidemic or pandemic
disease, or novel
55 and highly fatal
infectious agents or biological toxins no longer poses
56 a substantial risk of a significant number of human
fatalities or inci-
S. 5841 9
1 dents of permanent or long-term disability or that
the imminent threat
2 of such an occurrence has passed. Such termination by the
state legisla-
3 ture shall override any renewal by the governor.
4
4.
Content of termination
order. All orders terminating a state of
5 public health emergency shall indicate the nature of the
emergency, the
6 area that was
threatened, and the conditions that make possible the
7 termination of the state of public health emergency.
8 TITLE
IV
9 SPECIAL POWERS
DURING STATE OF PUBLIC
10 HEALTH
EMERGENCY; CONTROL OF PROPERTY
11 Section 1030. Emergency measures concerning dangerous facilities
and
12 materials.
13
1031. Access to and control of
facilities and property.
14
1032. Safe disposal of infectious waste.
15
1033. Safe disposal of corpses.
16
1034. Control of health care supplies.
17
1035. Compensation.
18
1036. Destruction of property.
19
§ 1030. Emergency measures concerning
dangerous facilities and materi-
20 als. The department may exercise, for such period as the
state of public
21 health emergency
exists, the following powers over dangerous facilities
22 or materials:
23
1. Facilities. To close, direct and
compel the evacuation of, or
to
24 decontaminate or
cause to be decontaminated any facility of which there
25 is reasonable cause to believe that it may endanger the
public health.
26
2. Materials. To decontaminate or
cause to be
decontaminated, or
27 destroy any material
of which there is reasonable cause to believe that
28 it may endanger the public health.
29
§ 1031. Access to and control of
facilities and property. The depart-
30 ment may exercise, for such period as the state of
public health emer-
31 gency exists, the following powers concerning facilities,
materials,
32 roads, or public areas:
33
1.
Use of facilities and materials.
To procure, by condemnation or
34 otherwise, construct, lease, transport, store, maintain,
renovate, or
35 distribute
materials and facilities as may
be reasonable and necessary
36 for emergency response, with the right to take
immediate possession
37 thereof. Such
materials and facilities include, but are not limited to,
38 communication devices, carriers, real estate, fuels, food,
clothing, and
39 health care facilities.
40
2. Use of health care facilities. To
compel a health care facility to
41 provide services or
the use of its facility if such services or use are
42 reasonable and necessary for emergency response. The use
of the
health
43 care facility may include transferring the management and
supervision of
44 the health care
facility to the department for a limited or unlimited
45 period of time, but shall not exceed the termination of
the state of
46 public health emergency.
47
3. Control of materials. To control,
restrict, and regulate by ration-
48 ing and using
quotas, prohibitions on shipments,
price fixing, allo-
49 cation or other means,
the use, sale,
dispensing, distribution, or
50 transportation of
food, fuel, clothing and other commodities, alcoholic
51 beverages, firearms, explosives, and combustibles, as may
be reasonable
52 and necessary for emergency response.
53
4.
Control of roads and public areas.
(a) To prescribe routes, modes
54 of transportation, and destinations in connection
with evacuation of
55 persons or the provision of emergency services.
S. 5841 10
1
(b)
To control ingress and egress to and from any stricken or threat-
2 ened public area, the movement of persons within the area,
and the occu-
3 pancy of premises therein, if such action is reasonable
and necessary
4 for emergency response.
5
§
1032. Safe disposal of infectious waste. The department
may exer-
6 cise, for such period as the state of public health
emergency exists,
7 the following powers regarding the safe disposal of
infectious waste:
8
1.
Adopt measures. To adopt and enforce measures to provide for
the
9 safe disposal of infectious waste as may be reasonable and
necessary for
10 emergency response. Such measures may include, but are
not limited to,
11 the
collection, storage, handling,
destruction, treatment, transporta-
12 tion, and disposal of infectious waste.
13
2. Control of facilities. To compel any
business or facility author-
14 ized to collect, store, handle, destroy, treat,
transport, and dispose
15 of infectious waste under the laws of this state, and any
landfill busi-
16 ness or other such property, to accept infectious waste,
or provide
17 services or the
use of the business, facility,
or property if such
18 action is reasonable and necessary for emergency
response. The use of
19 the business, facility, or property may include
transferring the manage-
20 ment and supervision
of such business, facility, or property to the
21 department for a limited or unlimited period of
time, but shall
not
22 exceed the termination of the state of public health
emergency.
23
3.
Use of facilities. To procure, by condemnation or otherwise, any
24 business or facility authorized to collect, store,
handle, destroy,
25 treat, transport, and dispose of infectious waste under the
laws of this
26 state and any landfill business or other such property as
may be reason-
27 able and necessary
for emergency response, with the right to take imme-
28 diate possession thereof.
29
4. Identification. All bags, boxes, or
other containers for infectious
30 waste shall be clearly identified as containing infectious
waste.
31
§ 1033. Safe disposal of corpses.
The department may
exercise, for
32 such period as the
state of public health emergency exists, the follow-
33 ing powers regarding the safe disposal of corpses:
34
1. Adopt measures. To adopt and enforce
measures to provide for
the
35 safe disposal of corpses as may be reasonable and necessary
for emergen-
36 cy response. Such
measures may include, but are not limited to, the
37 embalming, burial, cremation, interment, disinterment, transportation,
38 and disposal of corpses.
39
2. Possession. To take possession or
control of any corpse.
40
3.
Disposal. To order the disposal of
any corpse of a person who has
41 died of an infectious disease through burial or
cremation within twen-
42 ty-four hours after death.
43
4.
Control of facilities. To compel
any business or facility author-
44 ized to embalm, bury, cremate, inter, disinter,
transport, and dispose
45 of corpses under
the laws of this state to accept any corpse or provide
46 the use of its business or facility if such actions
are reasonable and
47 necessary for emergency
response. The use of the business or facility
48 may include transferring the management and supervision of
such business
49 or facility to the department for a limited or unlimited
period of time,
50 but shall not exceed the termination of the state of public
health emer-
51 gency.
52
5. Use of facilities. To procure, by
condemnation or otherwise,
any
53 business or facility
authorized to embalm,
bury, cremate, inter,
54 disinter, transport, and dispose of corpses under the laws
of this state
55 as may be reasonable and necessary for
emergency response, with
the
56 right to take immediate possession thereof.
S. 5841 11
1 6. Labeling. Every corpse
prior to disposal shall be clearly labeled
2 with all available information to identify the decedent and
the circum-
3 stances of death.
Any corpse of a deceased person
with an infectious
4 disease shall have an external, clearly visible tag
indicating that the
5 corpse is infected and, if known, the infectious disease.
6
7.
Identification. Every person in
charge of disposing of any corpse
7 shall maintain a written record of each corpse and all
available infor-
8 mation to identify
the decedent and
the circumstances of death and
9 disposal. If a
corpse cannot be identified, prior to disposal a quali-
10 fied person shall,
to the extent possible, take fingerprints and one or
11 more photographs of the corpse, and collect a DNA specimen.
All informa-
12 tion gathered under this subdivision shall be promptly
forwarded to the
13 department.
14
§
1034. Control of health care
supplies. 1. Procurement. The depart-
15 ment may purchase and distribute anti-toxins, serums,
vaccines, immuniz-
16 ing agents, antibiotics, and other pharmaceutical agents
or medical
17 supplies that it
deems advisable in the interest
of preparing for or
18 controlling a public health emergency, without any additional
legisla-
19 tive authorization.
20
2.
Rationing. If a
state of public health emergency results in a
21 statewide or regional shortage or threatened shortage
of any product
22 covered by
subdivision one of this section, whether or not such product
23 has been purchased
by the department, the department
may control,
24 restrict, and regulate
by rationing and using quotas, prohibitions on
25 shipments, price fixing, allocation or
other means, the
use, sale,
26 dispensing,
distribution, or transportation of the relevant product
27 necessary to protect the health, safety, and welfare
of the
people of
28 the state. In making rationing or other supply and distribution deci-
29 sions, the department may give preference to health
care providers,
30 disaster response personnel, and mortuary staff.
31
3.
Distribution. During a
state of public
health emergency, the
32 department may procure, store, or distribute any
anti-toxins, serums,
33 vaccines,
immunizing agents, antibiotics, and other pharmaceutical
34 agents or medical supplies located within the state as may
be reasonable
35 and necessary for emergency response, with the right
to take immediate
36 possession thereof.
If a public health emergency simultaneously affects
37 more than one state, nothing in this section shall be
construed to allow
38 the department
to obtain anti-toxins, serums, vaccines, immunizing
39 agents, antibiotics, and other pharmaceutical agents or
medical supplies
40 for the primary
purpose of hoarding such items or preventing their fair
41 and equitable distribution among affected states.
42
§ 1035. Compensation. The state shall
pay just compensation to the
43 owner of any facilities or materials that are
lawfully taken or appro-
44 priated by the department for its temporary or permanent
use under this
45 title according to the procedures and standards set forth
in section one
46 thousand
seventy-three of title
eight of this article.
Compensation
47 shall not be provided for facilities or materials that are
closed, evac-
48 uated, decontaminated, or destroyed when there is reasonable
cause to
49 believe that they may endanger the public health pursuant
to section one
50 thousand thirty of this title.
51
§ 1036. Destruction of property. To the
extent practicable, consistent
52 with the protection
of public health, prior to the destruction of any
53 property under this title, the department shall
institute appropriate
54 civil
proceedings against the
property to be destroyed in accordance
55 with the existing laws and rules of the courts of this
state or any such
56 rules that may be developed by the department for use
during a state of
S. 5841 12
1 public health emergency. Any property acquired by the
department through
2 such
proceedings shall, after
entry of the decree, be disposed of by
3 destruction as the court may direct.
4 TITLE
V
5
SPECIAL POWERS DURING STATE OF PUBLIC
HEALTH EMERGENCY; CONTROL OF
6 PERSONS
7 Section 1040. Control of individuals.
8
1041. Mandatory medical examinations.
9
1042. Isolation and quarantine.
10
1043. Vaccination and treatment.
11
1044. Collection of laboratory
specimens.
12
1045. Access and disclosure of patient
records.
13
1046. Licensing and appointment of
department personnel.
14
§
1040. Control of individuals. During a state of public health emer-
15 gency, the department shall use every available means
to prevent the
16 transmission
of infectious disease
and to ensure that all cases of
17 infectious disease are subject to proper control and
treatment.
18
§ 1041. Mandatory medical examinations.
The department may exercise,
19 for such period
as the state of public health emergency exists, the
20 following emergency powers over persons:
21
1. Individual examination or testing. To
compel a person to submit to
22 a physical
examination and/or testing as necessary to diagnose or treat
23 the person.
24
(a) The medical examination and/or
testing may be performed
by any
25 qualified person authorized by the department.
26
(b)
The medical examination
and/or testing must not be
reasonably
27 likely to result in serious harm to the affected
individual.
28
(c) The medical examination and/or
testing shall be performed
imme-
29 diately upon the order of the department without resort
to judicial or
30 quasi-judicial authority.
31
(d) Any person refusing to submit to
the medical examination and/or
32 testing is liable
for a misdemeanor. If the department is uncertain
33 whether a person who refuses to undergo medical examination
and/or test-
34 ing may have been exposed to an infectious disease or
otherwise poses a
35 danger to public
health, the department may subject the individual to
36 isolation or quarantine as provided in this title.
37
2. Health care provider assistance. To
require any physician or other
38 health care
provider to perform the medical examination and/or testing.
39 Any violation of this subdivision shall be a misdemeanor.
40
3. Enforcement. An order of the
department given to
effectuate the
41 purposes of this
subdivision shall be immediately
enforceable by any
42 peace officer.
43
§ 1042. Isolation and quarantine. 1.
State policy and powers. It
is
44 the policy of
the state that
the individual dignity of any
person
45 isolated or quarantined during a state of public health
emergency shall
46 be respected at all times and upon all occasions. The
needs of persons
47 isolated or quarantined shall be addressed in a systematic
and competent
48 fashion. To the extent possible, the premises in
which persons are
49 isolated or quarantined
shall be maintained
in safe and hygienic
50 manners, designed to minimize the likelihood of further
transmission of
51 infection or other harm to persons subject to isolation
or quarantine.
52 Adequate food, clothing, medication, and other necessities,
and
compe-
53 tent medical care
shall be provided. Consistent with this policy, the
54 department may exercise, for such period as the state
of public health
55 emergency exists, the following emergency powers over
persons:
S. 5841 13
1
(a) To establish and maintain places of
isolation and quarantine; and
2
(b)
To require isolation
or quarantine of any person by
the least
3 restrictive means necessary to protect the public health.
All reasonable
4 means shall be taken to prevent the transmission of
infection among the
5 isolated or quarantined individuals.
6
2. Individual cooperation. A person
subject to isolation or quarantine
7 shall obey the department's rules and regulations,
shall not go beyond
8 the isolation or quarantine premises, and
shall not put
himself or
9 herself in contact with any person not subject to
isolation or quaran-
10 tine other than a physician or other health care provider,
department,
11 or person authorized to enter an isolation or quarantine
premises by the
12 department. A violation of this subdivision shall be a
misdemeanor.
13
3.
Unauthorized entry. No person, other than a person authorized by
14 the department, shall enter an isolation or quarantine
premises. If any
15 person enters an
isolation or quarantine premises without permission by
16 the department, that person shall be guilty of a
misdemeanor. If, by
17 reason of an
unauthorized entry into an isolation or quarantine prem-
18 ises, the person poses a danger to public health,
he or she may be
19 subject to isolation
or quarantine pursuant to the provisions of this
20 title.
21
4. Termination. Isolation or quarantine
of any person shall be termi-
22 nated when the department determines that such
isolation or quarantine
23 of such person is no longer necessary to protect the public
health.
24
5. Due process. (a) Before isolating
or quarantining a
person, the
25 department
shall obtain a written, ex parte
order from a court of this
26 state authorizing such action. The court shall grant
such order upon
27 finding that probable cause exists to believe isolation or
quarantine is
28 warranted
pursuant to the
provisions of this article. A
copy of the
29 authorizing order shall be given to the person isolated
or quarantined,
30 along with
notification that the person has a right to a hearing pursu-
31 ant to the provisions of this subdivision.
32
(b)
Notwithstanding the preceding
paragraph, the department
may
33 isolate or quarantine
a person without first obtaining
a written, ex
34 parte order from the court if any delay in the
isolation or quarantine
35 of the person
would pose an
immediate threat to the public health.
36 Following such isolation or quarantine, the department
shall promptly
37 obtain a written,
ex parte order
from the court
authorizing the
38 isolation or quarantine.
39
(c) A person isolated or quarantined
pursuant to the provisions of
40 paragraph (a) or (b) of this subdivision shall have the
right to a court
41 hearing to contest
the ex parte order. If such person or his or her
42 representative requests a hearing, the hearing
shall be held
within
43 seventy-two
hours of receipt
of such request, excluding Saturdays,
44 Sundays and legal holidays. The request must be in writing.
A request
45 for a hearing
shall not stay the order of isolation or quarantine. At
46 the hearing, the department must show that the
isolation or quarantine
47 is warranted pursuant to the provisions of this section.
48
(d)
On or after thirty days following a hearing on the ex parte order
49 or such hearing as is provided for in this paragraph, a
person isolated
50 or quarantined pursuant to the provisions of this section
may request in
51 writing a court
hearing to contest his or her
continued isolation or
52 quarantine. The hearing
shall be held
within seventy-two hours
of
53 receipt of such
request, excluding Saturdays, Sundays and legal holi-
54 days. A request for a hearing shall not alter the order of
isolation or
55 quarantine. At the hearing, the department must show that
continuation
S. 5841 14
1 of the isolation or quarantine is warranted pursuant
to the
provisions
2 of this section.
3
(e)
A person isolated
or quarantined pursuant to the provisions of
4 this section may request a hearing in the courts of this state
for reme-
5 dies regarding his or her treatment and the terms and
conditions of such
6 quarantine or isolation.
Upon receiving a request for
either type of
7 hearing
described in this paragraph, the court shall fix a date
for a
8 hearing. The hearing shall take place within ten days of
the receipt of
9 the request by the court.
The request for a hearing shall not alter the
10 order of isolation or quarantine.
11
(f)
If, upon a hearing, the court finds that the isolation or quaran-
12 tine of the individual is not warranted under the
provisions of this
13 section, then the person shall be released from isolation
or quarantine.
14 If the court finds that the isolation or quarantine of the
individual is
15 not in compliance
with the provisions
of subdivision one of this
16 section, the court may then fashion remedies appropriate to
the circum-
17 stances of the state
of public health emergency and in keeping with the
18 provisions of this article.
19
(g) Judicial decisions shall
be based upon
clear and convincing
20 evidence, and a written record of the disposition of the
case shall be
21 made and retained. The petitioner shall have the right to
be represented
22 by counsel or other lawful
representative. The manner
in which the
23 request for a hearing is filed and acted upon will be in
accordance with
24 the existing laws
and rules of the courts of this state or any such
25 rules that are developed by the courts for use during a
state of public
26 health emergency.
27
§
1043. Vaccination and treatment. The department may exercise,
for
28 such period as the state of public health emergency exists,
the follow-
29 ing emergency powers over persons:
30
1.
In general. To compel a person to be vaccinated and/or treated for
31 an infectious disease.
32
(a) Vaccination may be performed by any
qualified person authorized by
33 the department.
34
(b) The vaccine shall not be given if
the department has
reason to
35 know that a
particular individual is likely to suffer from serious harm
36 from the vaccination.
37
(c) Treatment may be performed by any
qualified person authorized by
38 the department.
39
(d)
Treatment must not
be such as is reasonably likely
to lead to
40 serious harm to the affected individual.
41
2. Refusal. Individuals refusing to be
vaccinated or treated shall be
42 guilty of a
misdemeanor. If, by reason of refusal of vaccination or
43 treatment, the person poses a danger to the public health,
he or she may
44 be subject to isolation or quarantine pursuant to the
provisions of this
45 article.
46
3. Enforcement. An order of the
department given to
effectuate the
47 purposes of this section shall be immediately
enforceable by any peace
48 officer.
49
§ 1044. Collection of laboratory
specimens. The department may,
for
50 such period as
the state of public health emergency exists, collect
51 specimens and perform tests on any person or animal, living
or deceased,
52 and acquire any previously collected specimens or test
results that are
53 reasonable and necessary for emergency response.
54
1. Marking. All specimens shall be
clearly marked.
55
2.
Contamination. Specimen
collection, handling, storage, and trans-
56 port to the testing site shall be performed in
a manner that
will
S. 5841 15
1 reasonably
preclude specimen contamination
or adulteration and provide
2 for the safe collection, storage, handling, and transport
of such speci-
3 men.
4
3.
Chain of custody.
Any person authorized to collect specimens or
5 perform tests shall use chain of custody procedures
to ensure proper
6 record
keeping, handling, labeling, and
identification of specimens to
7 be tested. This requirement applies to all specimens, including
speci-
8 mens collected using on-site testing kits.
9
4.
Criminal investigation. Recognizing that, during a state of public
10 health emergency, any
specimen collected or
test performed may
be
11 evidence in a
criminal investigation, any business, facility, or agency
12 authorized to collect specimens or perform
tests shall provide
such
13 support as is
reasonable and necessary to aid
in a relevant criminal
14 investigation.
15
§ 1045. Access and disclosure of
patient records. 1.
Access to
16 patient
records. Access to
protected health information of
patients
17 under the isolation, quarantine, or care of the department
shall be
18 limited to those
persons having a legitimate need to acquire or use the
19 information for purposes of providing treatment or care to
the individ-
20 ual who is the subject of the health information,
conducting epidemio-
21 logic research, or investigating the causes of
transmission.
22
2. Disclosure of patient records.
Protected health information held by
23 the department shall not
be disclosed to
others without individual
24 specific informed consent, except for disclosures made:
25
(a) directly to the individual;
26
(b) to the individual's immediate family
members or life partners;
27
(c) to appropriate federal agencies or
authorities;
28
(d)
to health care
personnel where needed to protect the health or
29 life of the individual who is the subject of the
information;
30
(e) pursuant to a court order or
executive order of the governor
to
31 avert a clear danger to an individual or the public health;
or
32
(f) to identify a deceased individual or
determine the manner or cause
33 of death.
34
§ 1046. Licensing and appointment of
department personnel. The depart-
35 ment may exercise, for such period as the state of
public health emer-
36 gency exists, the following emergency powers regarding
licensing of
37 department personnel:
38
1.
Health care providers
from other jurisdictions. To appoint
and
39 prescribe the duties of such out-of-state emergency health
care provid-
40 ers as may be reasonable and necessary for emergency
response.
41
(a)
The appointment of out-of-state emergency health care
providers
42 pursuant to this subdivision may be for a limited or
unlimited time, but
43 shall not exceed the termination of the state of public
health emergen-
44 cy. The department
may terminate the out-of-state appointments at any
45 time or for any reason provided that any such termination
will not jeop-
46 ardize the health, safety, and welfare of the people of
this state.
47
(b) The department may
waive any or
all licensing requirements,
48 permits, or fees
required by the state and applicable orders, rules, or
49 regulations for health care providers from other
jurisdictions to prac-
50 tice in this state.
51
(c) Any out-of-state emergency health
care provider appointed pursuant
52 to this subdivision
shall not be held liable for any civil damages as a
53 result of medical care or treatment related to the
emergency response
54 unless such damages
result from providing,
or failing to provide,
55 medical care or treatment under circumstances
demonstrating a reckless
S. 5841 16
1 disregard for the consequences so as to affect the life or
health of the
2 patient.
3
2.
Personnel to perform
duties of medical examiner or
coroner. To
4 authorize the medical examiner or coroner to appoint
and prescribe the
5 duties of such
emergency assistant medical examiners or coroners as may
6 be required for the proper performance of their duties.
7
(a) The appointment of emergency
assistant medical examiners or coron-
8 ers pursuant to this subdivision may be for a limited or
unlimited time,
9 but shall not exceed the termination of the state of public
health emer-
10 gency. The medical examiner or coroner may terminate
such emergency
11 appointments
at any time or for
any reason, provided that any such
12 termination will not impede the performance of their
duties.
13
(b) The medical examiner or coroner may
waive any or all licensing
14 requirements,
permits, or fees
required by the state and
applicable
15 orders, rules, or regulations for the performance of these
duties.
16
(c) Any emergency assistant
medical examiner or
corner appointed
17 pursuant to this
subdivision and acting without malice and within the
18 scope of the prescribed duties shall be immune from
civil liability in
19 the performance of such duties.
20
TITLE VI
21 PUBLIC INFORMATION
REGARDING PUBLIC HEALTH EMERGENCIES
22 Section 1050. Dissemination of information.
23
1051. Provision of access to mental
health support personnel.
24
§
1050. Dissemination of information. The department shall inform the
25 people of the state when a state of public health
emergency has been
26 declared or
terminated, how to protect themselves, and what actions are
27 being taken to control the emergency.
28
1. Means of dissemination. The
department shall provide information by
29 all available and reasonable means calculated to bring the
information
30 promptly to the attention of the general public.
31
2. Languages. If the department has
reason to believe there are people
32 of the state
who lack sufficient skills in
English to understand the
33 information, the department shall make reasonable efforts
to provide the
34 information in the primary languages of those
people as well
as in
35 English.
36
3.
Accessibility. The provision
of information shall be made in
a
37 manner accessible to individuals with disabilities.
38
§ 1051. Provision of access to mental
health support personnel. During
39 and after a state of
public health emergency,
the department shall
40 provide information about and referrals to mental health
support person-
41 nel to address psychological responses to the public health
emergency.
42 TITLE
VII
43 PLANNING FOR
PUBLIC HEALTH EMERGENCY
44 Section 1060. Public health emergency planning commission.
45
1061. Public health emergency plan.
46
§
1060. Public health emergency
planning commission. There is hereby
47 created within the department a public health emergency
planning commis-
48 sion, to be known as the commission, to be
composed of state
agency
49 directors, or their
designees. The commission shall be composed of nine
50 members, three of whom shall be appointed by the governor,
one of which
51 will be the chair of the commission, two of whom
shall be appointed by
52 the temporary president of the senate, two of whom shall be
appointed by
53 the speaker of the assembly, one of whom
shall be appointed
by the
S. 5841 17
1 minority leader of
the senate and one of whom shall be appointed by the
2 minority leader of the assembly.
3
§
1061. Public health emergency plan. 1. Content. The
public health
4 emergency planning commission shall, within six months
of its
appoint-
5 ment, deliver to the governor a plan for responding to a
public health
6 emergency, that include, but not be limited to,
provisions for the
7 following:
8 (a) A means of notifying and communicating with the population during