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See Bill Text
A09508 Summary:
SAME AS Same as S 5841 SPONSOR RULES COM Schimminge COSPNSR Canestrari, Levy, Markey, Smith, Davis, Millman, Colman, Galef, Lavelle, Matusow, McEneny, Pheffer, Rhodd-Cummings, Robach, Sidikman MLTSPNSR Add Art 10 Title I SS1000 - 1003, Title II SS1010 - 1012, Title III SS1020 - 1024, Title IV SS1030 - 1036, Title V SS1040 - 1046, Title VI SS1050 & 1051, Title VII SS1060 & 1061, Title VIII SS1070 - 1076, Pub Health L Creates the state emergency health powers act; establishes measures to detect and track potential and existing public health emergencies and measures to declare a state of public emergency; authorizes special powers during a state of public emergency for the control of property and the control of persons; and further establishes procedures for dissemination of information to the public.
A09508 Actions:
11/30/2001referred to health 01/09/2002referred to health
A09508 Votes:
A09508 Memo:
TITLE OF BILL : An act to amend the public health law, in relation to the state emergency health powers act PURPOSE OF THE BILL : This act creates the State Emergency Health Powers Act and specifies the state`s duties and powers to gather data and to ascertain and meet threats to the public health. The act provides reasonable limits on the powers in order to prevent unlawful discrimination and other civil rights violations. SUMMARY OF SPECIFIC PROVISIONS : S 1-Legislative Intent S 2-Amends the Public Health Law by adding a new Article 10, creating the State Emergency Health Powers Act Title 1-S1000-S1003-Findings, purposes and definitions Title 2-S1010-S1012-Measures to detect and track potential and existing public health emergencies Title 3-S1020-S1024-Declaring State of Public Health Emergency Title 4-S1030-S1036-Special powers during State of Public Health Emergency; control of property Title 5-S1040-S1046-Special powers during State of Public Health Emergency; control of persons Title 6-S1050-S1051-Public information regarding public health emergencies Title 7-S1060-S1061-Planning for public health emergencies Title 8-S1070-S1076-Miscellaneous-Rules & regulations, financing and expenses, liability, compensation, severability, conflicting laws and reports S 3-Effective Date JUSTIFICATION : Over the last several months, the Centers for Disease Control and Prevention (CDC) and the Centers for Law and the Public`s Health at Georgetown and Johns Hopkins Universities have worked to develop a Model State Emergency Health Powers Act. This model legislation offers an important tool for both state and local officials to respond to bioterrorism and other public health emergencies. Unfortunately, this state and nation faces a threat to its public health, safety and security that it has never experienced before. Emergency health threats, including those caused by bioterrorism and epidemics, require the exercise of extraordinary government functions. Because each state is responsible for safeguarding the health, security and well being of its people, state governments must be able to respond rapidly and effectively to potential or actual public health emergencies. This legislation provides the ability for the Governor and state officials to act decisively in the event of a bioterrorist attack to secure the safety, security and health of the public. The following is a short list of some of the authorities and abilities created by this act: * Grants specific authority to the governor and public health department to empower state to protect the health and safety of its population. * Addresses the public health powers needed by authorities to respond effectively to the risk of mass civilian casualties. * Authorizes official collection of data and records, control of property, regulation of individuals and businesses, and access to communication. * Facilitates early detection of a health emergency and allows for immediate investigation of the emergency by granting access to individuals` health information under specific circumstances. * Gives state officials the authority to appropriate and use property (including health care facilities) as necessary for the care, treatment, and housing of patients and for the destruction of contaminated materials. * Gives state officials the authority to appropriate necessary vaccines and medications to treat infected or exposed persons. * Protects the civil rights, liberties, and needs of infected or exposed people when the state must use compulsory powers to isolate or quarantine them. * Protects citizens` and state officials` access to reliable information regarding a health emergency. * Authorizes the Governor to transfer and obtain funds from the general fund to compensate for actions taken to meet the needs of the public health emergency. The ability and capacity to ensure the health and safety of the public has increased with technology. The law should reflect these changes and incorporate the powers of state and local governments should be enhanced and modernized to incorporate these new technologies. FISCAL IMPLICATIONS : Yet to be determined. EFFECTIVE DATE : This act shall take effect immediately; provided, however, that the Commissioner of the Department of Health shall promulgate the necessary rules and regulations necessary for the implementation of this act on or before its effective date. |
