S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2882--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- recommitted to the Committee  on  Veterans,
  Homeland  Security and Military Affairs in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN ACT to amend the executive law, in relation to establishing a pandem-
  ic preparedness task force

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 719 to
read as follows:
  S 719. PANDEMIC PREPAREDNESS TASK FORCE. 1.  THERE  IS  HEREBY  ESTAB-
LISHED  IN  THE OFFICE OF HOMELAND SECURITY A PANDEMIC PREPAREDNESS TASK
FORCE TO BE COMPOSED OF EIGHTEEN MEMBERS WHO SHALL BE APPOINTED  IN  THE
FOLLOWING MANNER: THREE SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE; TWO SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
THREE  SHALL  BE  APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;  AND  EIGHT  SHALL  BE
APPOINTED  BY THE GOVERNOR. THE GOVERNOR SHALL DESIGNATE THE CHAIRPERSON
OF THE TASK FORCE. THE MEMBERS OF THE TASK FORCE SHALL BE REPRESENTATIVE
OF STATE GOVERNMENT, THE  PUBLIC  HEALTH  FIELD,  HEALTH  CARE  SERVICES
PROVIDERS,   EMERGENCY  RESPONSE  ORGANIZATIONS  AND  AGRICULTURE.  SUCH
APPOINTING OFFICIALS SHALL EITHER REPLACE OR REAPPOINT  THE  MEMBERS  OF
SUCH  COMMITTEE  FOR THREE YEAR TERMS, ACCORDING TO THE FOLLOWING SCHED-
ULE:
  (A) EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN: ANY THREE  ORIGINAL
APPOINTEES  OF  THE  GOVERNOR,  ONE  ORIGINAL APPOINTEE OF THE TEMPORARY
PRESIDENT OF THE SENATE, ONE ORIGINAL APPOINTEE OF THE  SPEAKER  OF  THE
ASSEMBLY  AND  ONE  ORIGINAL  APPOINTEE  OF  THE  MINORITY LEADER OF THE
SENATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06150-02-4
              

S. 2882--A                          2

  (B) EFFECTIVE JANUARY FIRST, TWO THOUSAND SEVENTEEN: ANY THREE OF  THE
REMAINING  ORIGINAL  APPOINTEES  OF  THE  GOVERNOR, ONE OF THE REMAINING
ORIGINAL APPOINTEES OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE OF THE
REMAINING ORIGINAL APPOINTEES OF THE SPEAKER OF  THE  ASSEMBLY  AND  ONE
ORIGINAL APPOINTEE OF THE MINORITY LEADER OF THE ASSEMBLY;
  (C)  EFFECTIVE JANUARY FIRST, TWO THOUSAND EIGHTEEN: THE TWO REMAINING
ORIGINAL APPOINTEES OF THE GOVERNOR, THE REMAINING ORIGINAL APPOINTEE OF
THE TEMPORARY PRESIDENT OF THE SENATE, THE REMAINING ORIGINAL  APPOINTEE
OF  THE SPEAKER OF THE ASSEMBLY, THE REMAINING ORIGINAL APPOINTEE OF THE
MINORITY LEADER OF THE SENATE AND THE REMAINING  ORIGINAL  APPOINTEE  OF
THE MINORITY LEADER OF THE ASSEMBLY;
  (D)  REPLACEMENTS  OR  REAPPOINTMENTS  THEREAFTER SHALL BE MADE AT THE
EXPIRATION OF THE TERM OF EACH MEMBER, BY THE  APPOINTING  OFFICIAL  WHO
ORIGINALLY APPOINTED SUCH MEMBER; AND
  (E)  VACANCIES SHALL BE FILLED BY APPOINTMENT IN LIKE MANNER FOR UNEX-
PIRED TERMS.
  2. THE TASK FORCE SHALL PREPARE AN INFLUENZA PANDEMIC PLAN. SUCH  PLAN
SHALL SET FORTH:
  (A)  A  PROTOCOL  FOR  THE  DETECTION  OF AND RESPONSE TO AN INFLUENZA
PANDEMIC;
  (B) GUIDANCE TO LOCAL HEALTH DEPARTMENTS AND LOCAL INFORMATION NETWORK
AND COMMUNICATION SYSTEM AGENCIES IN THE DEVELOPMENT OF THEIR  INFLUENZA
PANDEMIC PLANS; AND
  (C)  GUIDANCE  TO  OTHER  PUBLIC  HEALTH CARE PARTNERS REGARDING THEIR
ROLES RELATED TO AN INFLUENZA PANDEMIC.
  3. IN ADDITION TO PREPARING THE PLAN SET FORTH IN SUBDIVISION  TWO  OF
THIS SECTION, THE TASK FORCE SHALL:
  (A)  DELINEATE  ACCOUNTABILITY  AND  RESPONSIBILITY, CAPABILITIES, AND
RESOURCES FOR AGENCIES ENGAGED IN PLANNING AND EXECUTING SPECIFIC COMPO-
NENTS OF THE INFLUENZA PANDEMIC PLAN TO ASSURE THAT  THE  PLAN  INCLUDES
TIMELINES, DELIVERABLES, AND PERFORMANCE MEASURES;
  (B)  CLARIFY  WHICH ACTIVITIES WILL BE PERFORMED AT A STATE, LOCAL, OR
COORDINATED LEVEL, AND INDICATE WHAT ROLE THE STATE WILL HAVE IN PROVID-
ING GUIDANCE AND ASSISTANCE;
  (C) ADDRESS INTEGRATION OF  STATE,  LOCAL,  TRIBAL,  TERRITORIAL,  AND
REGIONAL PLANS ACROSS JURISDICTIONAL BOUNDARIES IN THE PLAN;
  (D)  FORMALIZE  AGREEMENTS  WITH NEIGHBORING JURISDICTIONS AND ADDRESS
COMMUNICATION, MUTUAL AID, AND OTHER CROSS-JURISDICTIONAL NEEDS;
  (E) ADDRESS PROVISION OF PSYCHOSOCIAL SUPPORT SERVICES FOR THE  COMMU-
NITY,  INCLUDING  PATIENTS  AND  THEIR  FAMILIES,  AND THOSE AFFECTED BY
COMMUNITY CONTAINMENT PROCEDURES IN THE PLAN;
  (F) TEST A COMMUNICATION OPERATIONAL  PLAN  THAT:  (I)  ADDRESSES  THE
NEEDS  OF  TARGETED PUBLIC, PRIVATE SECTOR, GOVERNMENTAL, PUBLIC HEALTH,
MEDICAL, AND EMERGENCY  RESPONSE  AUDIENCES;  (II)  IDENTIFIES  PRIORITY
CHANNELS OF COMMUNICATION; (III) DELINEATES THE NETWORK OF COMMUNICATION
PERSONNEL, INCLUDING LEAD SPOKESPERSONS AND PERSONS TRAINED IN EMERGENCY
RISK COMMUNICATIONS; AND (IV) LINKS TO OTHER COMMUNICATION NETWORKS;
  (G)  IDENTIFY  FOR  ALL STAKEHOLDERS THE LEGAL AUTHORITIES RESPONSIBLE
FOR EXECUTING THE INFLUENZA PANDEMIC PLAN, ESPECIALLY THOSE  AUTHORITIES
RESPONSIBLE  FOR  CASE  IDENTIFICATION,  ISOLATION, QUARANTINE, MOVEMENT
RESTRICTION, HEALTHCARE SERVICES, EMERGENCY CARE, AND MUTUAL AID;
  (H) MAKE CLEAR TO ALL AGENCIES THE PROCESS FOR REQUESTING,  COORDINAT-
ING, AND APPROVING REQUESTS FOR RESOURCES TO STATE AND FEDERAL AGENCIES;
  (I)  CREATE  AN INCIDENT COMMAND SYSTEM FOR THE PANDEMIC PLAN BASED ON
THE NATIONAL INCIDENT MANAGEMENT SYSTEM AND EXERCISE THIS  SYSTEM  ALONG
WITH OTHER OPERATIONAL ELEMENTS OF THE PLAN;

S. 2882--A                          3

  (J)  ASSIST  IN ESTABLISHING AND PROMOTING COMMUNITY-BASED TASK FORCES
THAT SUPPORT HEALTHCARE INSTITUTIONS ON A LOCAL OR REGIONAL BASIS;
  (K)  IDENTIFY  THE AUTHORITY RESPONSIBLE FOR DECLARING A PUBLIC HEALTH
EMERGENCY AT THE STATE AND LOCAL LEVELS AND  FOR  OFFICIALLY  ACTIVATING
THE PANDEMIC INFLUENZA RESPONSE PLAN;
  (L)  IDENTIFY  THE  STATE AND LOCAL LAW ENFORCEMENT PERSONNEL WHO WILL
MAINTAIN PUBLIC ORDER AND HELP IMPLEMENT CONTROL MEASURES AND  DETERMINE
IN  ADVANCE  WHAT  WILL  CONSTITUTE  A  "LAW  ENFORCEMENT" EMERGENCY AND
EDUCATE LAW ENFORCEMENT OFFICIALS SO THAT THEY CAN  PRE-PLAN  FOR  THEIR
FAMILIES TO SUSTAIN THEMSELVES DURING THE EMERGENCY;
  (M)  ENSURE  THAT THE PLANS ARE SCALABLE TO THE MAGNITUDE AND SEVERITY
OF THE PANDEMIC AND AVAILABLE RESOURCES;
  (N) LINK AND ROUTINELY SHARE INFLUENZA  DATA  FROM  ANIMAL  AND  HUMAN
HEALTH SURVEILLANCE SYSTEMS;
  (O) OBTAIN AND TRACK INFORMATION DAILY DURING A PANDEMIC (COORDINATING
WITH EPIDEMIOLOGIC AND MEDICAL PERSONNEL) ON THE NUMBERS AND LOCATION OF
NEWLY  HOSPITALIZED CASES, NEWLY QUARANTINED PERSONS, AND HOSPITALS WITH
PANDEMIC INFLUENZA CASES AND USE SUCH REPORTS  TO  DETERMINE  PRIORITIES
AMONG COMMUNITY OUTREACH AND EDUCATION EFFORTS;
  (P)  INFORM FRONTLINE CLINICIANS AND LABORATORY PERSONNEL OF PROTOCOLS
FOR SAFE SPECIMEN COLLECTION AND TESTING, HOW AND TO  WHOM  A  POTENTIAL
CASE  OF  NOVEL  INFLUENZA  SHOULD  BE REPORTED, AND THE INDICATIONS AND
MECHANISM FOR SUBMITTING SPECIMENS TO REFERRAL LABORATORIES;
  (Q) TEST THE INFLUENZA PANDEMIC PLAN FOR  THE  HEALTHCARE  SECTOR  (AS
PART OF THE OVERALL PLAN) THAT ADDRESSES SAFE AND EFFECTIVE: (I) HEALTH-
CARE  OF PERSONS WITH INFLUENZA DURING A PANDEMIC; (II) THE LEGAL ISSUES
THAT CAN AFFECT STAFFING AND PATIENT CARE; (III) CONTINUITY OF  SERVICES
FOR OTHER PATIENTS; (IV) PROTECTION OF THE HEALTHCARE WORKFORCE; AND (V)
MEDICAL SUPPLY CONTINGENCY PLANS;
  (R)  ENSURE  ALL  COMPONENTS OF THE HEALTHCARE DELIVERY NETWORK (E.G.,
HOSPITALS, LONG-TERM CARE, HOME CARE, EMERGENCY CARE)  ARE  INCLUDED  IN
THE INFLUENZA PANDEMIC PLAN AND THAT THE SPECIAL NEEDS OF VULNERABLE AND
HARD-TO-REACH PATIENTS ARE ADDRESSED;
  (S)  ENSURE THAT THE PLAN PROVIDES FOR REAL-TIME SITUATIONAL AWARENESS
OF PATIENT VISITS, HOSPITAL BED AND INTENSIVE CARE NEEDS, MEDICAL SUPPLY
NEEDS, AND MEDICAL STAFFING NEEDS DURING A PANDEMIC;
  (T) TEST THE INFLUENZA PANDEMIC PLAN FOR SURGE CAPACITY OF  HEALTHCARE
SERVICES,  WORKFORCE, AND SUPPLIES TO MEET THE NEEDS OF THE JURISDICTION
DURING A PANDEMIC;
  (U) DETERMINE WHAT CONSTITUTES A MEDICAL STAFFING EMERGENCY AND  EXER-
CISE  THE  INFLUENZA  PANDEMIC PLAN TO OBTAIN APPROPRIATE CREDENTIALS OF
VOLUNTEER HEALTHCARE PERSONNEL (INCLUDING IN-STATE, OUT-OF-STATE, INTER-
NATIONAL, RETURNING RETIRED, AND NON-MEDICAL VOLUNTEERS) TO MEET  STAFF-
ING NEEDS DURING A PANDEMIC;
  (V)  ENSURE  HEALTHCARE  FACILITIES  IN THE JURISDICTION HAVE TESTED A
PLAN FOR ISOLATING AND COHORTING PATIENTS WITH KNOWN OR SUSPECTED INFLU-
ENZA, FOR TRAINING CLINICIANS, AND FOR SUPPORTING THE NEEDS FOR PERSONAL
PROTECTIVE EQUIPMENT;
  (W) ENSURE THE HEALTH ALERT NETWORK IN  THE  JURISDICTION  REACHES  AT
LEAST  EIGHTY  PERCENT OF ALL PRACTICING, LICENSED, FRONTLINE HEALTHCARE
PERSONNEL AND LINKS VIA THE  COMMUNICATION  NETWORK  TO  OTHER  PANDEMIC
RESPONDERS;
  (X)  CRAFT  MESSAGES  TO HELP EDUCATE HEALTHCARE PROVIDERS ABOUT NOVEL
AND PANDEMIC INFLUENZA, AND INFECTION CONTROL AND  CLINICAL  GUIDELINES,
AND THE PUBLIC ABOUT PERSONAL PREPAREDNESS METHODS;

S. 2882--A                          4

  (Y)  DEVELOP  AND  TEST  A PLAN (AS PART OF THE COMMUNICATION PLAN) TO
REGULARLY UPDATE PROVIDERS AS THE INFLUENZA PANDEMIC UNFOLDS;
  (Z)  ENSURE  APPROPRIATE LOCAL HEALTH AUTHORITIES HAVE ACCESS TO EPI-X
AND ARE TRAINED IN ITS USE;
  (AA) WORK WITH HEALTHCARE PARTNERS AND OTHER STAKEHOLDERS  TO  DEVELOP
STATE-BASED PLANS FOR VACCINE DISTRIBUTION, USE, AND MONITORING; AND FOR
COMMUNICATION OF VACCINE STATUS;
  (BB)  EXERCISE  AN  OPERATIONAL  PLAN  THAT ADDRESSES THE PROCUREMENT,
STORAGE,  SECURITY,  DISTRIBUTION,  AND  MONITORING  ACTIONS   NECESSARY
(INCLUDING  VACCINE  SAFETY)  TO  ENSURE ACCESS TO THIS PRODUCT DURING A
PANDEMIC;
  (CC) ENSURE THE INFLUENZA  PANDEMIC  PLAN  DELINEATES  PROCEDURES  FOR
TRACKING  THE  NUMBER  AND  PRIORITY OF VACCINE RECIPIENTS, WHERE AND BY
WHOM VACCINATIONS WILL BE GIVEN, A DISTRIBUTION PLAN FOR  ENSURING  THAT
VACCINE AND NECESSARY EQUIPMENT AND SUPPLIES ARE AVAILABLE AT ALL POINTS
OF  DISTRIBUTION  IN  THE COMMUNITY, THE SECURITY AND LOGISTICAL SUPPORT
FOR THE POINTS  OF  DISTRIBUTION,  AND  THE  TRAINING  REQUIREMENTS  FOR
INVOLVED PERSONNEL;
  (DD)  ADDRESS VACCINE SECURITY ISSUES, COLD CHAIN REQUIREMENTS, TRANS-
PORT AND STORAGE ISSUES, AND BIOHAZARDOUS WASTE  ISSUES  IN  THE  OPERA-
TIONAL PLAN;
  (EE)  ADDRESS THE NEEDS OF VULNERABLE AND HARD-TO-REACH POPULATIONS IN
THE INFLUENZA PANDEMIC PLAN;
  (FF) DOCUMENT WITH WRITTEN AGREEMENTS THE COMMITMENTS OF PARTICIPATING
PERSONNEL AND ORGANIZATIONS IN THE VACCINATION OPERATIONAL PLAN;
  (GG) INFORM CITIZENS IN ADVANCE ABOUT WHERE THEY WILL BE VACCINATED;
  (HH) DEVELOP STATE-BASED PLANS FOR DISTRIBUTION AND USE  OF  ANTIVIRAL
DRUGS  DURING  A PANDEMIC VIA THE STRATEGIC NATIONAL STOCKPILE (SNS), AS
APPROPRIATE, TO HEALTHCARE  FACILITIES  THAT  WILL  ADMINISTER  THEM  TO
PRIORITY  GROUPS  AND ESTABLISH METHODS FOR MONITORING AND INVESTIGATING
ADVERSE EVENTS;
  (II) TEST THE OPERATIONAL PLAN THAT ADDRESSES THE  PROCUREMENT,  STOR-
AGE,  SECURITY, DISTRIBUTION, AND MONITORING ACTIONS NECESSARY TO ASSURE
ACCESS TO THESE TREATMENTS DURING A PANDEMIC;
  (JJ) ENSURE THE JURISDICTION HAS  A  CONTINGENCY  PLAN  IF  UNLICENSED
ANTIVIRAL DRUGS ADMINISTERED UNDER INVESTIGATIONAL NEW DRUG OR EMERGENCY
USE AUTHORIZATION PROVISIONS ARE NEEDED;
  (KK)  EXERCISE  THE JURISDICTION'S INFLUENZA PANDEMIC PLAN TO INVESTI-
GATE AND CONTAIN POTENTIAL CASES OR LOCAL OUTBREAKS OF INFLUENZA  POTEN-
TIALLY CAUSED BY A NOVEL OR PANDEMIC STRAIN;
  (LL)  EXERCISE  THE  JURISDICTION'S  CONTAINMENT OPERATIONAL PLAN THAT
DELINEATES PROCEDURES FOR ISOLATION AND QUARANTINE, THE  PROCEDURES  AND
LEGAL AUTHORITIES FOR IMPLEMENTING AND ENFORCING THESE CONTAINMENT MEAS-
URES  (SUCH  AS  SCHOOL  CLOSURES,  CANCELING PUBLIC TRANSPORTATION, AND
OTHER MOVEMENT RESTRICTIONS WITHIN, TO, AND FROM THE  JURISDICTION)  AND
THE  METHODS  THAT  WILL  BE USED TO SUPPORT, SERVICE, AND MONITOR THOSE
AFFECTED BY THESE CONTAINMENT MEASURES IN HEALTHCARE  FACILITIES,  OTHER
RESIDENTIAL FACILITIES, HOMES, COMMUNITY FACILITIES, AND OTHER SETTINGS;
  (MM)  ENSURE  THE  JURISDICTION  HAS EXERCISED THE OPERATIONAL PLAN TO
IMPLEMENT VARIOUS LEVELS OF MOVEMENT RESTRICTIONS WITHIN, TO,  AND  FROM
THE JURISDICTION;
  (NN)  INFORM CITIZENS IN ADVANCE ABOUT WHAT CONTAINMENT PROCEDURES MAY
BE USED IN THE COMMUNITY;
  (OO) ASSESS READINESS TO MEET COMMUNICATIONS NEEDS IN PREPARATION  FOR
AN INFLUENZA PANDEMIC, INCLUDING REGULAR REVIEW, EXERCISE, AND UPDATE OF
COMMUNICATIONS PLANS;

S. 2882--A                          5

  (PP)  PLAN  AND  COORDINATE  EMERGENCY  COMMUNICATION  ACTIVITIES WITH
PRIVATE INDUSTRY, EDUCATION, AND NON-PROFIT PARTNERS  (E.G.,  LOCAL  RED
CROSS CHAPTERS);
  (QQ) IDENTIFY AND TRAIN LEAD SUBJECT-SPECIFIC SPOKESPERSONS;
  (RR)  PROVIDE PUBLIC HEALTH COMMUNICATIONS STAFF WITH TRAINING ON RISK
COMMUNICATIONS FOR USE DURING AN INFLUENZA PANDEMIC;
  (SS) DEVELOP AND MAINTAIN UP-TO-DATE COMMUNICATIONS  CONTACTS  OF  KEY
STAKEHOLDERS  AND  EXERCISE  THE  PLAN TO PROVIDE REGULAR UPDATES AS THE
INFLUENZA PANDEMIC UNFOLDS;
  (TT) IMPLEMENT AND MAINTAIN, AS APPROPRIATE, COMMUNITY RESOURCES, SUCH
AS HOTLINES AND WEBSITES, TO RESPOND TO LOCAL QUESTIONS FROM THE  PUBLIC
AND PROFESSIONAL GROUPS;
  (UU)  ENSURE THE PROVISION OF REDUNDANT COMMUNICATION SYSTEMS/CHANNELS
THAT ALLOW FOR THE EXPEDITED TRANSMISSION AND  RECEIPT  OF  INFORMATION;
AND
  (VV) ASSURE THE DEVELOPMENT OF PUBLIC HEALTH MESSAGES HAS INCLUDED THE
EXPERTISE OF BEHAVIORAL HEALTH EXPERTS.
  4. THE TASK FORCE SHALL MEET AT LEAST SIX TIMES A YEAR, AT THE REQUEST
OF THE CHAIRPERSON.
  5.  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  6. THE TASK FORCE SHALL REPORT TO THE  GOVERNOR  AND  THE  LEGISLATURE
WITH  A  PRELIMINARY  DRAFT  OF  THE INFLUENZA PANDEMIC PLAN REQUIRED BY
SUBDIVISION TWO OF THIS SECTION ON OR BEFORE JULY  FIRST,  TWO  THOUSAND
FIFTEEN  AND  A FINAL PLAN ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOU-
SAND FIFTEEN.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law; provided that the
appointments required to be made pursuant to subdivision  1  of  section
719  of the executive law, as added by section one of this act, shall be
made on or before such effective date.