Assembly Bill A4698

                            
                    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:

  Section  1.  Legislative intent.   In the wake of the tragic events of
September 11, 2001, our nation realizes that the  government's  foremost
responsibility  is  to  protect the health, safety and well being of its
citizens. New and emerging dangers,  including  emergent  and  resurgent
infectious  diseases  and  incidents  of  civilian mass casualties, pose
serious and immediate threats to the population. A renewed focus on  the
prevention, detection, management and containment of public health emer-
gencies is thus called for.
  Emergency  health  threats, including those caused by bioterrorism and
epidemics, require  the  exercise  of  essential  government  functions.
Because  each state is responsible for safeguarding the health, security
and well being of its people, the state and local  governments  must  be
able  to respond, rapidly and effectively, to public health emergencies.
The state emergency health powers act therefore grants specific emergen-
cy powers to the governor and public health authorities.
  This act requires the development of a comprehensive plan to provide a
coordinated, appropriate response in the event of a public health  emer-
gency.  It  facilitates  the  early  detection  of a health emergency by
authorizing the reporting and collection of data and records, and allows
for immediate investigation by granting access  to  individuals'  health
information under specified circumstances.  During a public health emer-
gency,  state  and local officials are authorized to use and appropriate
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

and  to  destroy  contaminated  facilities  or  materials. They are also
empowered to provide care, testing and  treatment,  and  vaccination  to
persons  who  are  ill or who have been exposed to a contagious disease,
and  to  separate  affected  individuals from the population at large to
interrupt disease transmission.
  At the same time, this act recognizes  that  the  state's  ability  to
respond to a public health emergency must respect the dignity and rights
of  persons.  The  exercise  of  emergency  health powers is designed to
promote the common good. Emergency powers must be grounded in a thorough
scientific understanding of public health  threats  and  disease  trans-
mission.  Guided  by  principles of justice, state and local governments
have a duty to act with fairness and tolerance towards  individuals  and
groups.  This  act  thus  provides that, in the event of the exercise of
emergency powers, the civil rights, liberties and needs of  infected  or
exposed  persons  will  be  protected  to  the  fullest  extent possible
consistent with the primary goal of controlling serious health threats.
  Public health laws and our  courts  have  traditionally  balanced  the
common  good with individual civil liberties. As Justice Harlan wrote in
the seminal United States Supreme Court case of JACOBSON V.    MASSACHU-
SETTS,  "the  whole people covenants with each citizen, and each citizen
with the whole people, that all shall be governed by  certain  laws  for
the 'common good'". The provisions of this act strike such a balance. It
provides  state and local officials with the ability to prevent, detect,
manage and contain emergency health threats without  unduly  interfering
with  civil  rights  and liberties. This act ensures a strong, effective
and timely  response  to  public  health  emergencies,  while  fostering
respect for individuals from all groups and backgrounds.
  Although  modernizing  the  public  health law is an important part of
protecting the population during public health emergencies,  the  public
health  system  itself  needs improvement. Preparing for a public health
emergency requires a well trained  public  health  workforce,  efficient
data systems, and sufficient laboratory capacity.
  S  2.  The  public health law is amended by adding a new article 10 to
read as follows:
                               ARTICLE 10
                    STATE EMERGENCY HEALTH POWERS ACT
TITLE I. FINDINGS, PURPOSES AND DEFINITIONS (SS 1000-1003).
      II. PLANNING FOR A PUBLIC HEALTH EMERGENCY (SS 1005-1006).
      III. MEASURES TO DETECT AND TRACK PUBLIC  HEALTH  EMERGENCIES  (SS
           1010-1012).
      IV. DECLARING STATE OF PUBLIC HEALTH EMERGENCY (SS 1020-1024).
      V. SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY; MANAGE-
           MENT OF PROPERTY (SS 1030-1036).
      VI.  SPECIAL  POWERS  DURING  STATE  OF  PUBLIC  HEALTH EMERGENCY;
           PROTECTION OF PERSONS (SS 1040-1047).
      VII. PUBLIC INFORMATION REGARDING PUBLIC  HEALTH  EMERGENCIES  (SS
           1050-1051).
      VIII. MISCELLANEOUS (SS 1070-1077).
                                 TITLE I
                   FINDINGS, PURPOSES AND DEFINITIONS
SECTION 1000. SHORT TITLE.
        1001. LEGISLATIVE FINDINGS.
        1002. PURPOSES.
        1003. DEFINITIONS.
  S  1000.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "STATE EMERGENCY HEALTH POWERS ACT".

A. 4698                             3

  S 1001. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT:
  1.  THE  STATE  MUST DO MORE TO PROTECT THE HEALTH, SAFETY AND GENERAL
WELL BEING OF ITS CITIZENS.
  2. NEW AND EMERGING DANGERS, INCLUDING EMERGENT AND  RESURGENT  INFEC-
TIOUS  DISEASES  AND INCIDENTS OF CIVILIAN MASS CASUALTIES, POSE SERIOUS
AND IMMEDIATE THREATS.
  3. A RENEWED  FOCUS  ON  THE  PREVENTION,  DETECTION,  MANAGEMENT  AND
CONTAINMENT OF PUBLIC HEALTH EMERGENCIES IS NEEDED.
  4.  EMERGENCY  HEALTH  THREATS, INCLUDING THOSE CAUSED BY BIOTERRORISM
MAY REQUIRE THE EXERCISE OF EXTRAORDINARY GOVERNMENT  POWERS  AND  FUNC-
TIONS.
  5.  THE  STATE  MUST  HAVE  THE ABILITY TO RESPOND, RAPIDLY AND EFFEC-
TIVELY, TO POTENTIAL OR ACTUAL PUBLIC HEALTH EMERGENCIES.
  6. THE EXERCISE OF EMERGENCY HEALTH POWERS  MUST  PROMOTE  THE  COMMON
GOOD.
  7.  EMERGENCY  HEALTH POWERS MUST BE GROUNDED IN A THOROUGH SCIENTIFIC
UNDERSTANDING OF PUBLIC HEALTH THREATS AND DISEASE TRANSMISSION.
  8. GUIDED BY PRINCIPLES OF JUSTICE AND ANTIDISCRIMINATION, IT  IS  THE
DUTY OF THE STATE TO ACT WITH FAIRNESS AND TOLERANCE TOWARDS INDIVIDUALS
AND GROUPS.
  9.  THE RIGHTS OF PEOPLE TO LIBERTY, BODILY INTEGRITY AND PRIVACY MUST
BE RESPECTED TO THE FULLEST EXTENT POSSIBLE CONSISTENT WITH  MAINTAINING
AND PRESERVING THE PUBLIC'S HEALTH AND SECURITY.
  10.  THIS ARTICLE IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE
CITIZENS OF THE STATE.
  S 1002. PURPOSES. THE PURPOSES OF THIS ARTICLE ARE:
  1. TO REQUIRE THE DEVELOPMENT OF A COMPREHENSIVE PLAN TO PROVIDE FOR A
COORDINATED, APPROPRIATE RESPONSE IN THE EVENT OF A PUBLIC HEALTH  EMER-
GENCY;
  2.  TO AUTHORIZE THE REPORTING AND COLLECTION OF DATA AND RECORDS, THE
MANAGEMENT OF PROPERTY, THE PROTECTION OF PERSONS AND ACCESS TO COMMUNI-
CATIONS;
  3. TO FACILITATE THE EARLY DETECTION OF A HEALTH EMERGENCY, AND  ALLOW
FOR  IMMEDIATE  INVESTIGATION OF SUCH AN EMERGENCY BY GRANTING ACCESS TO
INDIVIDUALS' HEALTH INFORMATION UNDER SPECIFIED CIRCUMSTANCES;
  4. TO GRANT STATE AND LOCAL OFFICIALS THE AUTHORITY TO USE AND  APPRO-
PRIATE  PROPERTY  AS  NECESSARY FOR THE CARE, TREATMENT, VACCINATION AND
HOUSING OF PATIENTS, AND TO DESTROY CONTAMINATED FACILITIES  OR  MATERI-
ALS;
  5.  TO  GRANT STATE AND LOCAL OFFICIALS THE AUTHORITY TO PROVIDE CARE,
TREATMENT AND VACCINATION TO PERSONS  WHO  ARE  ILL  OR  WHO  HAVE  BEEN
EXPOSED  TO  CONTAGIOUS  DISEASES,  AND TO SEPARATE AFFECTED INDIVIDUALS
FROM THE POPULATION AT LARGE TO INTERRUPT DISEASE TRANSMISSION;
  6. TO ENSURE THAT THE NEEDS OF INFECTED OR EXPOSED PERSONS ARE PROPER-
LY ADDRESSED TO THE FULLEST EXTENT POSSIBLE, GIVEN THE PRIMARY  GOAL  OF
CONTROLLING SERIOUS HEALTH THREATS; AND
  7.  TO  PROVIDE STATE AND LOCAL OFFICIALS WITH THE ABILITY TO PREVENT,
DETECT, MANAGE AND  CONTAIN  EMERGENCY  HEALTH  THREATS  WITHOUT  UNDULY
INTERFERING WITH CIVIL RIGHTS AND LIBERTIES.
  S 1003. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "BIOTERRORISM" IS THE INTENTIONAL USE OF ANY MICROORGANISM, VIRUS,
INFECTIOUS SUBSTANCE, OR BIOLOGICAL PRODUCT THAT MAY BE ENGINEERED AS  A
RESULT  OF  BIOTECHNOLOGY,  OR  ANY NATURALLY OCCURRING OR BIOENGINEERED
COMPONENT OF ANY SUCH  MICROORGANISM,  VIRUS,  INFECTIOUS  SUBSTANCE  OR
BIOLOGICAL PRODUCT, TO CAUSE DEATH, DISEASE OR OTHER BIOLOGICAL MALFUNC-
TION  IN A HUMAN, AN ANIMAL, A PLANT OR ANOTHER LIVING ORGANISM IN ORDER

A. 4698                             4

TO INFLUENCE THE CONDUCT OF GOVERNMENT, OR TO  INTIMIDATE  OR  COERCE  A
CIVILIAN POPULATION.
  2. "CHAIN OF CUSTODY" IS THE METHODOLOGY OF TRACKING SPECIMENS FOR THE
PURPOSE   OF   MAINTAINING   CONTROL  AND  ACCOUNTABILITY  FROM  INITIAL
COLLECTION TO FINAL DISPOSITION OF  THE  SPECIMENS,  AND  PROVIDING  FOR
ACCOUNTABILITY  AT  EACH STAGE OF COLLECTING, HANDLING, TESTING, STORING
AND TRANSPORTING THE SPECIMENS AND REPORTING TEST RESULTS.
  3. "CONTAGIOUS DISEASE" IS AN INFECTIOUS DISEASE THAT CAN BE TRANSMIT-
TED FROM PERSON TO PERSON.
  4. "HEALTH CARE FACILITY" MEANS ANY NON-FEDERAL INSTITUTION,  BUILDING
OR  AGENCY,  OR  PORTION  THEREOF,  WHETHER PUBLIC OR PRIVATE (PROFIT OR
NOT-FOR-PROFIT) THAT IS USED, OPERATED OR  DESIGNED  TO  PROVIDE  HEALTH
SERVICES,  MEDICAL  TREATMENT,  OR NURSING, REHABILITATIVE OR PREVENTIVE
CARE TO ANY PERSON OR PERSONS. THIS INCLUDES, BUT  IS  NOT  LIMITED  TO:
AMBULATORY  SURGICAL  FACILITIES, HEALTH MAINTENANCE ORGANIZATIONS, HOME
HEALTH AGENCIES, HOSPICES,  HOSPITALS,  INFIRMARIES,  INTERMEDIATE  CARE
FACILITIES, KIDNEY TREATMENT CENTERS, LONG TERM CARE FACILITIES, MEDICAL
ASSISTANCE  FACILITIES,  MENTAL  HEALTH  CENTERS, OUTPATIENT FACILITIES,
PUBLIC HEALTH CENTERS, REHABILITATION FACILITIES, RESIDENTIAL  TREATMENT
FACILITIES,  SKILLED  NURSING FACILITIES AND ADULT DAYCARE CENTERS. THIS
ALSO INCLUDES, BUT IS NOT LIMITED TO,  THE  FOLLOWING  RELATED  PROPERTY
WHEN  USED  FOR  OR  IN  CONNECTION  WITH  THE  FOREGOING: LABORATORIES,
RESEARCH FACILITIES, PHARMACIES, LAUNDRY  FACILITIES,  HEALTH  PERSONNEL
TRAINING  AND  LODGING  FACILITIES,  PATIENT, GUEST AND HEALTH PERSONNEL
FOOD SERVICE FACILITIES, AND OFFICES AND OFFICE  BUILDINGS  FOR  PERSONS
ENGAGED IN HEALTH CARE PROFESSIONS OR SERVICES.
  5.  "HEALTH CARE PROVIDER" IS ANY PERSON OR ENTITY WHO PROVIDES HEALTH
CARE SERVICES INCLUDING, BUT NOT LIMITED TO, HOSPITALS, MEDICAL  CLINICS
AND  OFFICES, SPECIAL CARE FACILITIES, MEDICAL LABORATORIES, PHYSICIANS,
PHARMACISTS, DENTISTS, PHYSICIAN ASSISTANTS, NURSE PRACTITIONERS, REGIS-
TERED AND OTHER NURSES,  PARAMEDICS,  EMERGENCY  MEDICAL  OR  LABORATORY
TECHNICIANS, AND AMBULANCE AND EMERGENCY MEDICAL WORKERS.
  6.  "INFECTIOUS  DISEASE"  IS A DISEASE CAUSED BY A LIVING ORGANISM OR
OTHER PATHOGEN, INCLUDING A FUNGUS,  BACILLUS,  PARASITE,  PROTOZOAN  OR
VIRUS. AN INFECTIOUS DISEASE MAY OR MAY NOT BE TRANSMISSIBLE FROM PERSON
TO PERSON, ANIMAL TO PERSON OR INSECT TO PERSON.
  7. "INFECTIOUS WASTE" IS:
  (A)  "BIOLOGICAL  WASTE,"  WHICH  INCLUDES  BLOOD  AND BLOOD PRODUCTS,
EXCRETIONS, EXUDATES, SECRETIONS, SUCTIONING AND OTHER BODY FLUIDS,  AND
WASTE MATERIALS SATURATED WITH BLOOD OR BODY FLUIDS;
  (B) "CULTURES AND STOCKS," WHICH INCLUDES ETIOLOGIC AGENTS AND ASSOCI-
ATED  BIOLOGICALS,  INCLUDING  SPECIMEN CULTURES, AND DISHES AND DEVICES
USED TO TRANSFER, INOCULATE AND MIX CULTURES, WASTES FROM PRODUCTION  OF
BIOLOGICALS AND SERUMS, AND DISCARDED LIVE AND ATTENUATED VACCINES;
  (C)  "PATHOLOGICAL  WASTE,"  WHICH  INCLUDES  BIOPSY MATERIALS AND ALL
HUMAN TISSUES, ANATOMICAL PARTS THAT EMANATE FROM  SURGERY,  OBSTETRICAL
PROCEDURES,  NECROPSY,  AUTOPSY  AND  LABORATORY  PROCEDURES, AND ANIMAL
CARCASSES EXPOSED TO PATHOGENS IN RESEARCH AND  THE  BEDDING  AND  OTHER
WASTE  FROM  SUCH ANIMALS, BUT DOES NOT INCLUDE TEETH OR FORMALDEHYDE OR
OTHER PRESERVATIVE AGENTS; AND
  (D) "SHARPS," WHICH INCLUDES NEEDLES, INTRAVENOUS TUBING WITH  NEEDLES
ATTACHED,  SCALPEL  BLADES,  LANCETS, BREAKABLE GLASS TUBES AND SYRINGES
THAT HAVE BEEN REMOVED FROM THEIR ORIGINAL STERILE CONTAINERS.
  8. "ISOLATION" IS THE PHYSICAL SEPARATION AND CONFINEMENT OF AN  INDI-
VIDUAL  OR GROUPS OF INDIVIDUALS WHO ARE INFECTED OR REASONABLY BELIEVED
TO BE INFECTED WITH A CONTAGIOUS DISEASE OR POSSIBLY CONTAGIOUS  DISEASE

A. 4698                             5

FROM  NON-ISOLATED  INDIVIDUALS, TO PREVENT OR LIMIT THE TRANSMISSION OF
THE DISEASE TO NON-ISOLATED INDIVIDUALS.
  9.  "MENTAL HEALTH SUPPORT PERSONNEL" INCLUDES, BUT IS NOT LIMITED TO,
PSYCHIATRISTS, PSYCHOLOGISTS, SOCIAL WORKERS AND VOLUNTEER CRISIS  COUN-
SELING GROUPS.
  10.  "ORGANIZED  MILITIA"  IS  THE ORGANIZED MILITIA AS CONSTITUTED IN
SUBDIVISION ONE OF SECTION TWO OF THE MILITARY LAW.
  11. "PROTECTED HEALTH INFORMATION" IS ANY INFORMATION,  WHETHER  ORAL,
WRITTEN,  ELECTRONIC,  VISUAL  OR  IN ANY OTHER FORM, THAT RELATES TO AN
INDIVIDUAL'S PAST, PRESENT OR FUTURE PHYSICAL OR MENTAL  HEALTH  STATUS,
CONDITION,  TREATMENT,  SERVICE, PRODUCTS PURCHASE OR PROVISION OF CARE,
AND THAT REVEALS THE IDENTITY OF THE INDIVIDUAL WHOSE HEALTH CARE IS THE
SUBJECT OF THE INFORMATION, OR WHERE THERE  IS  A  REASONABLE  BASIS  TO
BELIEVE  SUCH  INFORMATION COULD BE UTILIZED (EITHER ALONE OR WITH OTHER
INFORMATION THAT IS OR SHOULD REASONABLY BE KNOWN  TO  BE  AVAILABLE  TO
PREDICTABLE  RECIPIENTS  OF  SUCH INFORMATION) TO REVEAL THE IDENTITY OF
THAT INDIVIDUAL.
  12. "PUBLIC HEALTH AUTHORITY" IS THE DEPARTMENT OR ANY MUNICIPAL AGEN-
CY THAT ACTS PRINCIPALLY TO PROTECT AND PRESERVE THE PUBLIC'S HEALTH, OR
ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OR SUCH AN AGENCY WHEN AUTHOR-
IZED BY LAW, RULE OR REGULATION TO ACT.
  13. "PUBLIC HEALTH EMERGENCY" IS AN OCCURRENCE OR IMMINENT  THREAT  OF
AN ILLNESS OR HEALTH CONDITION THAT:
  (A) IS BELIEVED TO BE CAUSED BY ANY OF THE FOLLOWING:
  (I) BIOTERRORISM;
  (II)  THE APPEARANCE OF A NOVEL OR PREVIOUSLY CONTROLLED OR ERADICATED
INFECTIOUS AGENT OR BIOLOGICAL TOXIN;
  (III) A NATURAL DISASTER;
  (IV) A CHEMICAL ATTACK OR ACCIDENTAL RELEASE OF A CHEMICAL; OR
  (V) A NUCLEAR ATTACK OR ACCIDENT; AND
  (B) POSES A HIGH PROBABILITY OF ANY OF THE FOLLOWING HARMS:
  (I) A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION;
  (II) A LARGE NUMBER OF  SERIOUS  OR  LONG  TERM  DISABILITIES  IN  THE
AFFECTED POPULATION; OR
  (III) WIDESPREAD EXPOSURE TO AN INFECTIOUS OR TOXIC AGENT THAT POSES A
SIGNIFICANT  RISK OF SUBSTANTIAL FUTURE HARM TO A LARGE NUMBER OF PEOPLE
IN THE AFFECTED POPULATION.
  14. "PUBLIC SAFETY AUTHORITY" MEANS THE DIVISION OF  STATE  POLICE  OR
ANY  MUNICIPAL  POLICE OR SHERIFF'S DEPARTMENT, OR ANY POLICE OFFICER OF
SUCH DIVISION OR DEPARTMENT WHEN AUTHORIZED BY LAW, RULE  OR  REGULATION
TO ACT.
  15.  "QUARANTINE"  IS  THE  PHYSICAL  SEPARATION AND CONFINEMENT OF AN
INDIVIDUAL, OR GROUP OR GROUPS OF INDIVIDUALS WHO ARE OR MAY  HAVE  BEEN
EXPOSED  TO  A CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE, AND WHO DO NOT
SHOW SIGNS OR SYMPTOMS OF A  CONTAGIOUS  DISEASE,  FROM  NON-QUARANTINED
INDIVIDUALS  TO PREVENT OR LIMIT THE TRANSMISSION OF THE DISEASE TO NON-
QUARANTINED INDIVIDUALS.
  16. "SPECIMENS" INCLUDE, BUT ARE NOT LIMITED TO, BLOOD, SPUTUM, URINE,
STOOL, OTHER BODILY FLUIDS, WASTES, TISSUES AND  CULTURES  NECESSARY  TO
PERFORM REQUIRED TESTS.
  17.  "TESTS" INCLUDE, BUT ARE NOT LIMITED TO, ANY DIAGNOSTIC OR INVES-
TIGATIVE ANALYSES NECESSARY TO PREVENT THE SPREAD OF DISEASE OR  PROTECT
THE PUBLIC'S HEALTH, SAFETY AND WELFARE.
  18.  "TRIAL  COURT" MEANS THE SUPREME COURT HAVING JURISDICTION IN THE
COUNTY WHERE AN ACTION IS TO BE TAKEN.

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                                TITLE II
                 PLANNING FOR A PUBLIC HEALTH EMERGENCY
SECTION 1005. PUBLIC HEALTH EMERGENCY PLANNING COMMISSION.
        1006. PUBLIC HEALTH EMERGENCY PLAN.
  S  1005.  PUBLIC  HEALTH  EMERGENCY PLANNING COMMISSION. THE GOVERNOR,
WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION,  SHALL  ESTAB-
LISH  THE  PUBLIC  HEALTH EMERGENCY PLANNING COMMISSION. SUCH COMMISSION
SHALL BE COMPOSED OF SUCH STATE AND MUNICIPAL AGENCY HEADS,  MEMBERS  OF
THE LEGISLATURE, JUDGES OF THE UNIFIED COURT SYSTEM AND OTHER PERSONS AS
SHALL  BE  DEEMED  APPROPRIATE  AND AS SHALL BE APPOINTED THERETO BY THE
GOVERNOR. THE GOVERNOR SHALL DESIGNATE THE CHAIR OF SUCH COMMISSION FROM
AMONG ITS MEMBERS. THE MEMBERS OF THE PUBLIC HEALTH  EMERGENCY  PLANNING
COMMISSION  SHALL  RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL
BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THEIR DUTIES.
  S 1006. PUBLIC HEALTH EMERGENCY PLAN.  1.  CONTENT.    THE  COMMISSION
SHALL  WITHIN SIX MONTHS OF ITS APPOINTMENT DELIVER TO THE GOVERNOR, THE
LEGISLATURE AND THE GENERAL PUBLIC A PLAN FOR  RESPONDING  TO  A  PUBLIC
HEALTH EMERGENCY, WHICH SHALL INCLUDE GUIDELINES FOR:
  (A)  NOTIFYING AND COMMUNICATING WITH THE POPULATION DURING A STATE OF
PUBLIC HEALTH EMERGENCY PURSUANT TO THIS ARTICLE;
  (B) CENTRAL COORDINATION OF RESOURCES, MANPOWER AND SERVICES,  INCLUD-
ING  THE  COORDINATION  OF  RESPONSES  OF  FEDERAL, STATE, MUNICIPAL AND
TRIBAL AGENCIES;
  (C) THE LOCATION, PROCUREMENT,  STORAGE,  TRANSPORTATION,  MAINTENANCE
AND  DISTRIBUTION  OF ESSENTIAL MATERIALS INCLUDING, BUT NOT LIMITED TO,
MEDICAL SUPPLIES, DRUGS, VACCINES, FOOD, SHELTER, CLOTHING AND BEDS;
  (D) COMPLIANCE WITH THE REPORTING REQUIREMENTS OF SECTION ONE THOUSAND
TEN OF THIS ARTICLE;
  (E) THE CONTINUED, EFFECTIVE OPERATION OF  THE  UNIFIED  COURT  SYSTEM
INCLUDING,  IF  DEEMED  NECESSARY,  THE  IDENTIFICATION  AND TRAINING OF
PERSONNEL TO SERVE AS EMERGENCY JUDGES REGARDING  MATTERS  OF  ISOLATION
AND QUARANTINE;
  (F)  THE  METHODS  OF  EVACUATING POPULATIONS, AND HOUSING AND FEEDING
SUCH EVACUATED POPULATIONS;
  (G) THE IDENTIFICATION AND TRAINING OF HEALTH CARE PROVIDERS TO  DIAG-
NOSE AND TREAT PERSONS WITH INFECTIOUS DISEASES;
  (H) THE VACCINATION OF PERSONS;
  (I)  THE TREATMENT OF PERSONS WHO HAVE BEEN EXPOSED TO OR ARE INFECTED
WITH DISEASES OR HEALTH CONDITIONS THAT MAY BE THE  CAUSE  OF  A  PUBLIC
HEALTH EMERGENCY;
  (J) THE SAFE DISPOSAL OF INFECTIOUS WASTES AND HUMAN REMAINS;
  (K)  THE  SAFE AND EFFECTIVE CONTROL OF PERSONS ISOLATED, QUARANTINED,
VACCINATED, TESTED OR TREATED DURING A STATE OF PUBLIC HEALTH EMERGENCY;
  (L) TRACKING THE SOURCES AND OUTCOMES OF INFECTED PERSONS;
  (M) ENSURING THAT EACH MUNICIPALITY IDENTIFIES:
  (I) SITES WHERE PERSONS CAN BE ISOLATED  OR  QUARANTINED  PURSUANT  TO
THIS ARTICLE;
  (II)  SITES WHERE MEDICAL SUPPLIES, FOOD AND OTHER ESSENTIAL MATERIALS
CAN BE DISTRIBUTED TO THE POPULATION;
  (III) SITES WHERE HEALTH AND EMERGENCY WORKERS CAN BE HOUSED AND  FED;
AND
  (IV) ROUTES AND MEANS OF TRANSPORTATION OF PEOPLE AND MATERIALS;
  (N)  CULTURAL  NORMS, VALUES, RELIGIOUS PRINCIPLES AND TRADITIONS THAT
MAY BE RELEVANT; AND
  (O) ANY OTHER MEASURES NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
ARTICLE.

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  2.  DISTRIBUTION.  THE  COMMISSION  SHALL DISTRIBUTE THE PUBLIC HEALTH
EMERGENCY PLAN TO THOSE WHO WILL BE RESPONSIBLE FOR ITS  IMPLEMENTATION,
OTHER  INTERESTED  PERSONS,  AND  THE  PUBLIC, AND SEEK THEIR REVIEW AND
COMMENTS.
  3.  REVIEW.  THE  COMMISSION  SHALL  ANNUALLY REVIEW THE PUBLIC HEALTH
EMERGENCY PLAN.
                                TITLE III
                   MEASURES TO DETECT AND TRACK PUBLIC
                           HEALTH EMERGENCIES
SECTION 1010. REPORTING.
        1011. TRACKING.
        1012. INFORMATION SHARING.
  S 1010. REPORTING. 1. ILLNESS OR HEALTH  CONDITION.  A  PUBLIC  HEALTH
AUTHORITY,  HEALTH  CARE  PROVIDER,  CORONER  OR  MEDICAL EXAMINER SHALL
REPORT ALL CASES OF PERSONS WHO HARBOR ANY ILLNESS OR  HEALTH  CONDITION
THAT  MAY  BE POTENTIAL CAUSES OF A PUBLIC HEALTH EMERGENCY.  REPORTABLE
ILLNESSES AND HEALTH CONDITIONS INCLUDE, BUT ARE  NOT  LIMITED  TO,  THE
DISEASES  CAUSED BY THE BIOLOGICAL AGENTS LISTED IN 42 C.F.R. S 72, APP.
A(2000) AND ANY ILLNESSES OR HEALTH CONDITIONS IDENTIFIED BY THE  PUBLIC
HEALTH AUTHORITY.
  2.  PHARMACISTS.  IN ADDITION TO THE FOREGOING REQUIREMENTS FOR HEALTH
CARE PROVIDERS, A PHARMACIST  SHALL  REPORT  ANY  UNUSUAL  OR  INCREASED
PRESCRIPTION  RATES, UNUSUAL TYPES OF PRESCRIPTIONS OR UNUSUAL TRENDS IN
PHARMACY VISITS THAT MAY BE POTENTIAL CAUSES OF A PUBLIC HEALTH EMERGEN-
CY.  PRESCRIPTION-RELATED EVENTS THAT REQUIRE A REPORT INCLUDE, BUT  ARE
NOT LIMITED TO:
  (A)   AN   UNUSUAL   INCREASE   IN  THE  NUMBER  OF  PRESCRIPTIONS  OR
OVER-THE-COUNTER PHARMACEUTICALS TO TREAT  CONDITIONS  THAT  THE  PUBLIC
HEALTH AUTHORITY IDENTIFIES THROUGH REGULATION;
  (B)  AN  UNUSUAL INCREASE IN THE NUMBER OF PRESCRIPTIONS FOR ANTIBIOT-
ICS; AND
  (C) ANY PRESCRIPTION THAT TREATS A DISEASE THAT IS RELATIVELY UNCOMMON
OR MAY BE ASSOCIATED WITH BIOTERRORISM.
  3. MANNER OF REPORTING. THE REPORT SHALL BE MADE IN WRITING  OR  ELEC-
TRONICALLY WITHIN TWENTY-FOUR HOURS TO THE PUBLIC HEALTH AUTHORITY.  THE
REPORT  SHALL  INCLUDE AS MUCH OF THE FOLLOWING INFORMATION AS IS AVAIL-
ABLE: THE SPECIFIC ILLNESS OR HEALTH CONDITION THAT IS  THE  SUBJECT  OF
THE REPORT, THE PATIENT'S NAME, DATE OF BIRTH, SEX, RACE, OCCUPATION AND
CURRENT  HOME  AND  WORK ADDRESSES (INCLUDING CITY AND COUNTY); THE NAME
AND ADDRESS OF THE HEALTH CARE PROVIDER, CORONER OR MEDICAL EXAMINER AND
OF THE REPORTING INDIVIDUAL, IF DIFFERENT;  AND  ANY  OTHER  INFORMATION
NEEDED  TO LOCATE THE PATIENT FOR FOLLOW-UP. FOR CASES RELATED TO ANIMAL
OR INSECT BITES, THE SUSPECTED LOCATING INFORMATION OF THE BITING ANIMAL
OR INSECT, AND THE NAME  AND  ADDRESS  OF  ANY  KNOWN  OWNER,  SHALL  BE
REPORTED.
  4.  ANIMAL  DISEASES.  EVERY VETERINARIAN, LIVESTOCK OWNER, VETERINARY
DIAGNOSTIC LABORATORY DIRECTOR  OR  OTHER  PERSON  HAVING  THE  CARE  OF
ANIMALS  SHALL REPORT ANIMALS HAVING OR SUSPECTED OF HAVING ANY DISEASES
THAT MAY BE POTENTIAL CAUSES OF A PUBLIC HEALTH EMERGENCY.   THE  REPORT
SHALL  BE  MADE IN WRITING OR ELECTRONICALLY WITHIN TWENTY-FOUR HOURS TO
THE PUBLIC HEALTH AUTHORITY AND SHALL INCLUDE AS MUCH OF  THE  FOLLOWING
INFORMATION  AS  IS AVAILABLE:  THE SPECIFIC ILLNESS OR HEALTH CONDITION
THAT IS THE SUBJECT OF THE REPORT, THE SUSPECTED LOCATING INFORMATION OF
THE ANIMAL, THE NAME AND ADDRESS OF ANY KNOWN OWNER, AND  THE  NAME  AND
ADDRESS OF THE REPORTING INDIVIDUAL.

A. 4698                             8

  5.  LABORATORIES.  FOR THE PURPOSES OF THIS SECTION, THE DEFINITION OF
"HEALTH CARE PROVIDER" SHALL INCLUDE OUT-OF-STATE MEDICAL  LABORATORIES,
PROVIDED  THAT  SUCH  LABORATORIES HAVE AGREED TO THE REPORTING REQUIRE-
MENTS OF THIS STATE. RESULTS MUST BE REPORTED  BY  THE  LABORATORY  THAT
PERFORMS THE TEST, BUT AN IN-STATE LABORATORY THAT SENDS SPECIMENS TO AN
OUT-OF-STATE LABORATORY IS ALSO RESPONSIBLE FOR REPORTING RESULTS.
  6. ENFORCEMENT. THE PUBLIC HEALTH AUTHORITY MAY ENFORCE THE PROVISIONS
OF  THIS SECTION IN ACCORDANCE WITH EXISTING ENFORCEMENT RULES AND REGU-
LATIONS.
  S 1011. TRACKING. THE PUBLIC  HEALTH  AUTHORITY  SHALL  ASCERTAIN  THE
EXISTENCE  OF  CASES  OF  AN ILLNESS OR HEALTH CONDITION THAT MAY BE THE
POTENTIAL CAUSE OF A PUBLIC HEALTH EMERGENCY, SHALL INVESTIGATE ALL SUCH
CASES FOR SOURCES OF INFECTION AND TO ENSURE THAT THEY  ARE  SUBJECT  TO
PROPER  CONTROL  MEASURES,  AND  SHALL  DEFINE  THE  DISTRIBUTION OF THE
ILLNESS OR HEALTH CONDITION. TO FULFILL THESE DUTIES, THE PUBLIC  HEALTH
AUTHORITY SHALL IDENTIFY EXPOSED INDIVIDUALS AS FOLLOWS:
  1.  IDENTIFICATION  OF INDIVIDUALS. ACTING ON INFORMATION DEVELOPED IN
ACCORDANCE WITH SECTION ONE THOUSAND TEN OF THIS TITLE, OR  OTHER  RELI-
ABLE  INFORMATION,  THE PUBLIC HEALTH AUTHORITY SHALL IDENTIFY ALL INDI-
VIDUALS THOUGHT TO HAVE BEEN EXPOSED TO AN ILLNESS OR  HEALTH  CONDITION
THAT MAY BE A POTENTIAL CAUSE OF A PUBLIC HEALTH EMERGENCY.
  2.  INTERVIEWING  OF  INDIVIDUALS.  THE  PUBLIC HEALTH AUTHORITY SHALL
COUNSEL AND INTERVIEW SUCH INDIVIDUALS WHERE NEEDED  TO  ASSIST  IN  THE
POSITIVE  IDENTIFICATION  OF EXPOSED INDIVIDUALS AND DEVELOP INFORMATION
RELATING TO THE SOURCE AND SPREAD OF THE ILLNESS  OR  HEALTH  CONDITION.
SUCH INFORMATION INCLUDES THE NAME AND ADDRESS (INCLUDING CITY AND COUN-
TY)  OF  ANY  PERSON  FROM WHOM THE ILLNESS OR HEALTH CONDITION MAY HAVE
BEEN CONTRACTED AND TO WHOM THE ILLNESS OR  HEALTH  CONDITION  MAY  HAVE
SPREAD.
  3. EXAMINATION OF FACILITIES OR MATERIALS. THE PUBLIC HEALTH AUTHORITY
SHALL,  FOR  EXAMINATION  PURPOSES, CLOSE, EVACUATE OR DECONTAMINATE ANY
FACILITY OR DECONTAMINATE OR DESTROY ANY  MATERIAL  WHEN  IT  REASONABLY
SUSPECTS THAT SUCH FACILITY OR MATERIAL MAY ENDANGER THE PUBLIC HEALTH.
  4.   ENFORCEMENT.    THE  PUBLIC  HEALTH  AUTHORITY  MAY  ENFORCE  THE
PROVISIONS OF THIS SECTION IN ACCORDANCE WITH EXISTING ENFORCEMENT RULES
AND REGULATIONS.   AN ORDER OF THE  PUBLIC  HEALTH  AUTHORITY  GIVEN  TO
EFFECTUATE THE PURPOSES OF THIS SECTION SHALL BE ENFORCEABLE IMMEDIATELY
BY THE PUBLIC SAFETY AUTHORITY.
  S 1012. INFORMATION SHARING.  1. WHENEVER THE PUBLIC SAFETY AUTHORITY,
OR OTHER STATE OR MUNICIPAL AGENCY BECOMES AWARE OF A CASE OF REPORTABLE
ILLNESS  OR  HEALTH  CONDITION, AN UNUSUAL CLUSTER OR A SUSPICIOUS EVENT
THAT MAY BE THE CAUSE OF A PUBLIC HEALTH EMERGENCY, IT SHALL IMMEDIATELY
NOTIFY THE DEPARTMENT.
  2. WHENEVER THE PUBLIC HEALTH AUTHORITY BECOMES AWARE  OF  A  CASE  OF
REPORTABLE  ILLNESS  OR HEALTH CONDITION, AN UNUSUAL CLUSTER OR A SUSPI-
CIOUS EVENT THAT IT REASONABLY BELIEVES HAS THE POTENTIAL TO  BE  CAUSED
BY  BIOTERRORISM, IT SHALL NOTIFY THE DEPARTMENT, PUBLIC SAFETY AUTHORI-
TIES, AND FEDERAL HEALTH AND PUBLIC SAFETY AUTHORITIES.
  3.  SHARING OF INFORMATION ON REPORTABLE ILLNESSES, HEALTH CONDITIONS,
UNUSUAL CLUSTERS OR SUSPICIOUS EVENTS  BETWEEN  THE  DEPARTMENT,  PUBLIC
SAFETY  AUTHORITIES AND PUBLIC HEALTH AUTHORITIES SHALL BE RESTRICTED TO
INFORMATION NECESSARY FOR  THE  TREATMENT,  CONTROL,  INVESTIGATION  AND
PREVENTION OF A PUBLIC HEALTH EMERGENCY.
                                 TITLE IV
               DECLARING STATE OF PUBLIC HEALTH EMERGENCY
SECTION 1020. DECLARATION.

A. 4698                             9

        1021. CONTENT OF DECLARATION.
        1022. EFFECT OF DECLARATION.
        1023. ENFORCEMENT.
        1024. TERMINATION OF DECLARATION.
  S  1020.  DECLARATION.  A  STATE  OF  PUBLIC  HEALTH  EMERGENCY MAY BE
DECLARED BY THE GOVERNOR UPON THE OCCURRENCE OF A "PUBLIC  HEALTH  EMER-
GENCY"  AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION ONE THOUSAND THREE
OF THIS ARTICLE.   PRIOR TO  SUCH  A  DECLARATION,  THE  GOVERNOR  SHALL
CONSULT  WITH THE PUBLIC HEALTH AUTHORITY AND MAY CONSULT WITH ANY ADDI-
TIONAL PUBLIC AND OTHER EXPERTS AS NEEDED.   THE  GOVERNOR  MAY  ACT  TO
DECLARE  A  PUBLIC  HEALTH  EMERGENCY WITHOUT CONSULTING WITH THE PUBLIC
HEALTH AUTHORITY OR OTHER EXPERTS WHEN THE SITUATION  CALLS  FOR  PROMPT
AND TIMELY ACTION.
  S  1021.  CONTENT  OF  DECLARATION. A STATE OF PUBLIC HEALTH EMERGENCY
SHALL BE DECLARED BY AN EXECUTIVE ORDER THAT SPECIFIES:
  1. THE NATURE OF THE PUBLIC HEALTH EMERGENCY;
  2. THE POLITICAL SUBDIVISIONS OR  GEOGRAPHIC  AREAS  SUBJECT  TO  SUCH
DECLARATION;
  3. THE CONDITIONS THAT HAVE BROUGHT ABOUT THE PUBLIC HEALTH EMERGENCY;
  4.  THE DURATION OF THE STATE OF PUBLIC HEALTH EMERGENCY, IF LESS THAN
THIRTY DAYS; AND
  5. THE PRIMARY PUBLIC HEALTH AUTHORITY RESPONDING TO THE EMERGENCY.
  S 1022. EFFECT OF DECLARATION. THE DECLARATION OF A  STATE  OF  PUBLIC
HEALTH  EMERGENCY  SHALL  ACTIVATE  THE  DISASTER  RESPONSE AND RECOVERY
ASPECTS OF THE STATE, LOCAL AND INTER-JURISDICTIONAL DISASTER  EMERGENCY
PLANS  IN THE AFFECTED POLITICAL SUBDIVISIONS OR GEOGRAPHIC AREAS.  SUCH
DECLARATION AUTHORIZES THE DEPLOYMENT AND USE OF ANY FORCES TO WHICH THE
PLANS APPLY, AND THE USE OR DISTRIBUTION  OF  ANY  SUPPLIES,  EQUIPMENT,
MATERIALS  AND FACILITIES ASSEMBLED, STOCKPILED OR AVAILABLE PURSUANT TO
THIS ARTICLE.
  1. EMERGENCY POWERS. DURING A STATE OF PUBLIC  HEALTH  EMERGENCY,  THE
GOVERNOR MAY:
  (A)  SUSPEND  THE  PROVISIONS  OF  ANY  REGULATORY STATUTE PRESCRIBING
PROCEDURES FOR CONDUCTING STATE BUSINESS, OR THE ORDERS, RULES AND REGU-
LATIONS OF ANY STATE AGENCY, TO THE EXTENT THAT STRICT  COMPLIANCE  WITH
THE  SAME  WOULD  PREVENT,  HINDER  OR DELAY NECESSARY ACTION (INCLUDING
EMERGENCY PURCHASES) BY THE PUBLIC HEALTH AUTHORITY TO  RESPOND  TO  THE
PUBLIC  HEALTH  EMERGENCY,  OR  INCREASE  THE HEALTH THREAT TO THE POPU-
LATION;
  (B) UTILIZE ALL AVAILABLE RESOURCES OF THE  STATE  AND  ITS  POLITICAL
SUBDIVISIONS  AS  REASONABLY  NECESSARY  TO RESPOND TO THE PUBLIC HEALTH
EMERGENCY;
  (C) TRANSFER THE DIRECTION, PERSONNEL OR FUNCTIONS  OF  STATE  DEPART-
MENTS  AND  AGENCIES  TO  PERFORM  OR  FACILITATE  RESPONSE AND RECOVERY
PROGRAMS REGARDING THE PUBLIC HEALTH EMERGENCY;
  (D) MOBILIZE ALL OR ANY PART OF THE ORGANIZED MILITIA INTO SERVICE  OF
THE STATE. AN ORDER DIRECTING THE ORGANIZED MILITIA TO REPORT FOR ACTIVE
DUTY  SHALL  STATE  THE PURPOSE FOR WHICH IT IS MOBILIZED AND THE OBJEC-
TIVES TO BE ACCOMPLISHED;
  (E) PROVIDE AID TO AND SEEK AID FROM OTHER STATES IN  ACCORDANCE  WITH
ANY INTERSTATE EMERGENCY COMPACT MADE WITH THIS STATE; AND
  (F)  SEEK  AID  FROM THE FEDERAL GOVERNMENT IN ACCORDANCE WITH FEDERAL
PROGRAMS OR REQUIREMENTS.
  2. COORDINATION. THE PUBLIC  HEALTH  AUTHORITY  SHALL  COORDINATE  ALL
MATTERS PERTAINING TO THE PUBLIC HEALTH EMERGENCY RESPONSE OF THE STATE.

A. 4698                            10

THE  PUBLIC  HEALTH AUTHORITY SHALL HAVE PRIMARY JURISDICTION, RESPONSI-
BILITY, AND AUTHORITY FOR:
  (A)  PLANNING  AND EXECUTING PUBLIC HEALTH EMERGENCY ASSESSMENT, MITI-
GATION, PREPAREDNESS RESPONSE AND RECOVERY FOR THE STATE;
  (B) COORDINATING PUBLIC HEALTH EMERGENCY RESPONSE  BETWEEN  STATE  AND
MUNICIPAL AUTHORITIES;
  (C)   COLLABORATING  WITH  RELEVANT  FEDERAL  GOVERNMENT  AUTHORITIES,
ELECTED OFFICIALS OF OTHER STATES, PRIVATE ORGANIZATIONS OR COMPANIES;
  (D) COORDINATING RECOVERY OPERATIONS AND MITIGATION INITIATIVES SUBSE-
QUENT TO THE PUBLIC HEALTH EMERGENCY; AND
  (E) ORGANIZING PUBLIC INFORMATION ACTIVITIES  REGARDING  STATE  PUBLIC
HEALTH EMERGENCY RESPONSE OPERATIONS.
  3.  IDENTIFICATION.  AFTER THE DECLARATION OF A STATE OF PUBLIC HEALTH
EMERGENCY, SPECIAL IDENTIFICATION FOR ALL EMPLOYEES OF THE PUBLIC HEALTH
AUTHORITIES WORKING DURING THE EMERGENCY SHALL  BE  ISSUED  AS  SOON  AS
POSSIBLE.  THE IDENTIFICATION SHALL INDICATE THE AUTHORITY OF THE BEARER
TO EXERCISE PUBLIC HEALTH FUNCTIONS  AND  EMERGENCY  POWERS  DURING  THE
STATE  OF  PUBLIC HEALTH EMERGENCY. SUCH IDENTIFICATION SHALL BE WORN IN
PLAIN VIEW.
  S 1023. ENFORCEMENT. DURING A STATE OF PUBLIC  HEALTH  EMERGENCY,  THE
PUBLIC  HEALTH  AUTHORITY  MAY  REQUEST  ASSISTANCE  IN ENFORCING ORDERS
PURSUANT TO THIS ARTICLE FROM THE PUBLIC SAFETY  AUTHORITY.  THE  PUBLIC
SAFETY  AUTHORITY  MAY  REQUEST ASSISTANCE FROM THE ORGANIZED MILITIA IN
ENFORCING THE ORDERS OF THE PUBLIC HEALTH AUTHORITY.
  S 1024. TERMINATION OF DECLARATION. 1. EXECUTIVE ORDER.  THE  GOVERNOR
SHALL TERMINATE THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY BY
EXECUTIVE ORDER UPON FINDING THAT THE OCCURRENCE OF AN ILLNESS OR HEALTH
CONDITION  THAT  CAUSED THE EMERGENCY NO LONGER POSES A HIGH PROBABILITY
OF A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION, A  LARGE  NUMBER
OF  INCIDENTS  OF  SERIOUS  PERMANENT  OR  LONG  TERM  DISABILITY IN THE
AFFECTED POPULATION OR A SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM  TO
A LARGE NUMBER OF PEOPLE IN THE AFFECTED POPULATION.
  2.  AUTOMATIC TERMINATION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
ARTICLE, THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY SHALL  BE
TERMINATED  AUTOMATICALLY AFTER THIRTY DAYS UNLESS RENEWED BY THE GOVER-
NOR UNDER THE SAME STANDARDS AND PROCEDURES SET  FORTH  IN  THIS  TITLE.
ANY  SUCH  RENEWAL  SHALL  ALSO BE TERMINATED AUTOMATICALLY AFTER THIRTY
DAYS UNLESS RENEWED BY THE GOVERNOR UNDER THE SAME STANDARDS AND  PROCE-
DURES SET FORTH IN THIS TITLE.
  3.  STATE  LEGISLATURE. THE STATE LEGISLATURE, BY MAJORITY VOTE OF THE
SENATE AND THE ASSEMBLY, MAY TERMINATE THE DECLARATION  OF  A  STATE  OF
PUBLIC  HEALTH  EMERGENCY AT ANY TIME FROM THE DATE OF ORIGINAL DECLARA-
TION UPON FINDING THAT THE OCCURRENCE OF AN ILLNESS OR HEALTH  CONDITION
THAT CAUSED THE EMERGENCY DOES NOT OR NO LONGER POSES A HIGH PROBABILITY
OF  A  LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION, A LARGE NUMBER
OF INCIDENTS OF  SERIOUS  PERMANENT  OR  LONG  TERM  DISABILITY  IN  THE
AFFECTED  POPULATION OR A SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM TO
A LARGE NUMBER OF PEOPLE IN THE AFFECTED POPULATION.   SUCH  TERMINATION
BY THE STATE LEGISLATURE SHALL OVERRIDE ANY RENEWAL BY THE GOVERNOR.
  4.  CONTENT  OF  TERMINATION  ORDER. ALL ORDERS OR LEGISLATIVE ACTIONS
TERMINATING THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY  SHALL
INDICATE  THE NATURE OF THE EMERGENCY, THE AREA THAT WAS THREATENED, AND
THE CONDITIONS THAT MAKE POSSIBLE THE TERMINATION OF THE DECLARATION.
                                  TITLE V
                  SPECIAL POWERS DURING STATE OF PUBLIC
                HEALTH EMERGENCY; MANAGEMENT OF PROPERTY

A. 4698                            11

SECTION 1030. EMERGENCY MEASURES CONCERNING FACILITIES AND MATERIALS.
        1031. ACCESS TO AND CONTROL OF FACILITIES AND PROPERTY; GENERAL-
                LY.
        1032. SAFE DISPOSAL OF INFECTIOUS WASTE.
        1033. SAFE DISPOSAL OF HUMAN REMAINS.
        1034. CONTROL OF HEALTH CARE SUPPLIES.
        1035. COMPENSATION.
        1036. DESTRUCTION OF PROPERTY.
  S  1030.  EMERGENCY  MEASURES CONCERNING FACILITIES AND MATERIALS. THE
PUBLIC HEALTH AUTHORITY MAY EXERCISE, FOR SUCH  PERIOD  AS  A  STATE  OF
PUBLIC  HEALTH  EMERGENCY  EXISTS,  THE  FOLLOWING POWERS OVER DANGEROUS
FACILITIES AND MATERIALS:
  1. FACILITIES. TO CLOSE, DIRECT AND COMPEL THE EVACUATION  OF,  OR  TO
DECONTAMINATE OR CAUSE TO BE DECONTAMINATED ANY FACILITY FOR WHICH THERE
IS  REASONABLE  CAUSE  TO  BELIEVE  THAT  SUCH FACILITY MAY ENDANGER THE
PUBLIC HEALTH; AND
  2. MATERIALS. TO DECONTAMINATE  OR  CAUSE  TO  BE  DECONTAMINATED,  OR
DESTROY ANY MATERIAL FOR WHICH THERE IS REASONABLE CAUSE TO BELIEVE THAT
SUCH MATERIAL MAY ENDANGER THE PUBLIC HEALTH.
  S  1031.  ACCESS TO AND CONTROL OF FACILITIES AND PROPERTY; GENERALLY.
THE PUBLIC HEALTH AUTHORITY MAY EXERCISE, FOR SUCH PERIOD AS  THE  STATE
OF  PUBLIC  HEALTH  EMERGENCY  EXISTS,  THE  FOLLOWING POWERS CONCERNING
FACILITIES, MATERIALS, ROADS, OR PUBLIC AREAS:
  1. USE OF FACILITIES AND MATERIALS. TO  PROCURE,  BY  CONDEMNATION  OR
OTHERWISE,  CONSTRUCT,  LEASE,  TRANSPORT,  STORE, MAINTAIN, RENOVATE OR
DISTRIBUTE SUCH MATERIALS AND FACILITIES AS MAY BE REASONABLE AND NECES-
SARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH THE RIGHT  TO  TAKE
IMMEDIATE  POSSESSION  THEREOF.  SUCH  MATERIALS  AND  FACILITIES  SHALL
INCLUDE, BUT ARE NOT LIMITED TO, COMMUNICATION DEVICES, COMMON CARRIERS,
REAL ESTATE, FUELS, FOOD AND CLOTHING;
  2. USE OF HEALTH CARE FACILITIES. TO REQUIRE A HEALTH CARE FACILITY TO
PROVIDE SERVICES OR THE USE OF ITS FACILITY IF SUCH SERVICES OR USE  ARE
REASONABLE  AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A
CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO  CONTINUE  DOING
BUSINESS  IN  THE  STATE AS A HEALTH CARE FACILITY.  THE USE OF A HEALTH
CARE FACILITY MAY INCLUDE TRANSFERRING THE MANAGEMENT AND SUPERVISION OF
THE HEALTH CARE FACILITY TO THE PUBLIC HEALTH AUTHORITY FOR A LIMITED OR
UNLIMITED PERIOD OF TIME, BUT SHALL NOT  EXCEED  THE  DECLARATION  OF  A
STATE OF PUBLIC HEALTH EMERGENCY;
  3. CONTROL OF MATERIALS. TO INSPECT, CONTROL, RESTRICT AND REGULATE BY
RATIONING  AND  USING  QUOTAS,  PROHIBITIONS ON SHIPMENTS, ALLOCATION OR
OTHER MEANS THE USE, SALE, DISPENSING, DISTRIBUTION,  OR  TRANSPORTATION
OF SUCH FOOD, FUEL, CLOTHING AND OTHER COMMODITIES, AS MAY BE REASONABLE
AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY; AND
  4.  CONTROL OF ROADS AND PUBLIC AREAS.  (A) TO PRESCRIBE ROUTES, MODES
OF TRANSPORTATION AND DESTINATIONS  IN  CONNECTION  WITH  EVACUATION  OF
PERSONS OR THE PROVISION OF EMERGENCY SERVICES; AND
  (B) TO CONTROL OR LIMIT INGRESS AND EGRESS TO AND FROM ANY STRICKEN OR
THREATENED  PUBLIC  AREA,  THE MOVEMENT OF PERSONS WITHIN SUCH AREA, AND
THE OCCUPANCY OF PREMISES THEREIN, IF  SUCH  ACTION  IS  REASONABLE  AND
NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY.
  S 1032. SAFE DISPOSAL OF INFECTIOUS WASTE. THE PUBLIC HEALTH AUTHORITY
MAY  EXERCISE,  FOR  SUCH PERIOD AS THE STATE OF PUBLIC HEALTH EMERGENCY
EXISTS, THE FOLLOWING POWERS REGARDING THE SAFE DISPOSAL  OF  INFECTIOUS
WASTE:

A. 4698                            12

  1.  ADOPT  MEASURES. TO ADOPT AND ENFORCE SUCH MEASURES TO PROVIDE FOR
THE SAFE DISPOSAL OF INFECTIOUS WASTE AS MAY BE REASONABLE AND NECESSARY
TO RESPOND TO THE PUBLIC HEALTH EMERGENCY. SUCH  MEASURES  MAY  INCLUDE,
BUT  ARE NOT LIMITED TO, THE COLLECTION, STORAGE, HANDLING, DESTRUCTION,
TREATMENT, TRANSPORTATION AND DISPOSAL OF INFECTIOUS WASTE;
  2.  CONTROL OF FACILITIES. TO REQUIRE ANY BUSINESS OR FACILITY AUTHOR-
IZED TO COLLECT, STORE, HANDLE, DESTROY, TREAT, TRANSPORT OR DISPOSE  OF
INFECTIOUS WASTE UNDER THE LAWS OF THIS STATE, AND ANY LANDFILL BUSINESS
OR  OTHER SUCH PROPERTY, TO ACCEPT INFECTIOUS WASTE, OR PROVIDE SERVICES
OR THE USE OF THE BUSINESS, FACILITY  OR  PROPERTY  IF  SUCH  ACTION  IS
REASONABLE  AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A
CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO  CONTINUE  DOING
BUSINESS  IN  THE  STATE  AS SUCH BUSINESS OR FACILITY.   THE USE OF THE
BUSINESS, FACILITY OR PROPERTY MAY INCLUDE TRANSFERRING  THE  MANAGEMENT
AND  SUPERVISION  OF  SUCH  BUSINESS, FACILITY OR PROPERTY TO THE PUBLIC
HEALTH AUTHORITY FOR A LIMITED OR UNLIMITED PERIOD OF  TIME,  BUT  SHALL
NOT  EXCEED  THE  TERMINATION  OF  THE  DECLARATION OF A STATE OF PUBLIC
HEALTH EMERGENCY;
  3. USE OF FACILITIES. TO PROCURE, BY CONDEMNATION  OR  OTHERWISE,  ANY
BUSINESS  OR  FACILITY  AUTHORIZED  TO  COLLECT, STORE, HANDLE, DESTROY,
TREAT, TRANSPORT OR DISPOSE OF INFECTIOUS WASTE UNDER THE LAWS  OF  THIS
STATE,  AND  ANY  LANDFILL  BUSINESS  OR  OTHER  SUCH PROPERTY AS MAY BE
REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH
THE POWER TO TAKE IMMEDIATE POSSESSION THEREOF; AND
  4. IDENTIFICATION. ALL BAGS, BOXES AND OTHER CONTAINERS FOR INFECTIOUS
WASTE SHALL BE CLEARLY IDENTIFIED AS CONTAINING INFECTIOUS WASTE AND  IF
KNOWN, THE TYPE OF INFECTIOUS WASTE.
  S  1033.  SAFE DISPOSAL OF HUMAN REMAINS.  THE PUBLIC HEALTH AUTHORITY
MAY EXERCISE, FOR SUCH PERIOD AS THE STATE OF  PUBLIC  HEALTH  EMERGENCY
EXISTS,  THE  FOLLOWING  POWERS  REGARDING  THE  SAFE  DISPOSAL OF HUMAN
REMAINS:
  1. ADOPT MEASURES. TO ADOPT AND ENFORCE SUCH MEASURES TO  PROVIDE  FOR
THE SAFE DISPOSAL OF HUMAN REMAINS AS MAY BE REASONABLE AND NECESSARY TO
RESPOND  TO THE PUBLIC HEALTH EMERGENCY.  SUCH MEASURES MAY INCLUDE, BUT
ARE NOT LIMITED TO, THE EMBALMING, BURIAL, CREMATION, INTERMENT,  DISIN-
TERMENT, TRANSPORTATION AND DISPOSAL OF HUMAN REMAINS;
  2. POSSESSION. TO TAKE POSSESSION OR CONTROL OF ANY HUMAN REMAINS;
  3.  DISPOSAL.  TO  ORDER THE DISPOSAL OF ANY HUMAN REMAINS OF A PERSON
WHO HAS DIED OF A CONTAGIOUS DISEASE THROUGH BURIAL OR CREMATION  WITHIN
TWENTY-FOUR  HOURS  AFTER DEATH.  TO THE EXTENT POSSIBLE, THE RELIGIOUS,
CULTURAL, FAMILY AND INDIVIDUAL BELIEFS OF THE DECEASED OR  HIS  OR  HER
FAMILY SHALL BE CONSIDERED WHEN DISPOSING OF ANY HUMAN REMAINS;
  4.  CONTROL OF FACILITIES. TO REQUIRE ANY BUSINESS OR FACILITY AUTHOR-
IZED TO EMBALM, BURY, CREMATE, INTER, DISINTER, TRANSPORT OR DISPOSE  OF
HUMAN  REMAINS  UNDER THE LAWS OF THIS STATE TO ACCEPT ANY HUMAN REMAINS
OR PROVIDE THE USE OF ITS BUSINESS  OR  FACILITY  IF  SUCH  ACTIONS  ARE
REASONABLE  AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A
CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO  CONTINUE  DOING
BUSINESS  IN  THE  STATE AS SUCH A BUSINESS OR FACILITY.  THE USE OF THE
BUSINESS OR FACILITY MAY INCLUDE TRANSFERRING THE MANAGEMENT AND  SUPER-
VISION OF SUCH BUSINESS OR FACILITY TO THE PUBLIC HEALTH AUTHORITY FOR A
LIMITED  OR  UNLIMITED  PERIOD  OF TIME, BUT SHALL NOT EXCEED THE TERMI-
NATION OF THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY;
  5. USE OF FACILITIES. TO PROCURE, BY CONDEMNATION  OR  OTHERWISE,  ANY
BUSINESS  OR  FACILITY  AUTHORIZED  TO  EMBALM,  BURY,  CREMATE,  INTER,
DISINTER, TRANSPORT OR DISPOSE OF HUMAN REMAINS UNDER THE LAWS  OF  THIS

A. 4698                            13

STATE AS MAY BE REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH
EMERGENCY WITH THE POWER TO TAKE IMMEDIATE POSSESSION THEREOF;
  6.  LABELING.  EVERY  HUMAN  REMAIN PRIOR TO DISPOSAL SHALL BE CLEARLY
LABELED WITH ALL AVAILABLE INFORMATION TO IDENTIFY THE DECEDENT AND  THE
CIRCUMSTANCES  OF  DEATH. ANY REMAINS OF A DECEASED PERSON WITH A CONTA-
GIOUS DISEASE SHALL HAVE AN EXTERNAL,  CLEARLY  VISIBLE  TAG  INDICATING
THAT  THE  HUMAN  REMAINS  ARE  INFECTED  AND,  IF KNOWN, THE CONTAGIOUS
DISEASE;
  7. IDENTIFICATION. EVERY PERSON IN CHARGE OF DISPOSING  OF  ANY  HUMAN
REMAINS  SHALL  MAINTAIN  A  WRITTEN  OR ELECTRONIC RECORD OF EACH HUMAN
REMAIN AND ALL AVAILABLE  INFORMATION  TO  IDENTIFY  THE  DECEDENT,  THE
CIRCUMSTANCES OF DEATH AND THE DISPOSAL THEREOF. IF HUMAN REMAINS CANNOT
BE IDENTIFIED, PRIOR TO DISPOSAL A QUALIFIED PERSON SHALL, TO THE EXTENT
POSSIBLE,  TAKE  FINGERPRINTS  AND  ONE OR MORE PHOTOGRAPHS OF THE HUMAN
REMAINS, OBTAIN IDENTIFYING DENTAL INFORMATION, AND COLLECT A DNA SPECI-
MEN. ALL INFORMATION GATHERED PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
PROMPTLY FORWARDED TO THE PUBLIC HEALTH AUTHORITY.
  S  1034.  CONTROL OF HEALTH CARE SUPPLIES. 1. PROCUREMENT.  THE PUBLIC
HEALTH  AUTHORITY  MAY  PURCHASE  AND  DISTRIBUTE  ANTI-TOXINS,  SERUMS,
VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND OTHER PHARMACEUTICAL AGENTS
OR MEDICAL SUPPLIES THAT IT DEEMS ADVISABLE IN THE INTEREST OF PREPARING
FOR  OR  CONTROLLING  A  PUBLIC HEALTH EMERGENCY, WITHOUT ANY ADDITIONAL
LEGISLATIVE AUTHORIZATION.
  2. RATIONING. IF A STATE OF  PUBLIC  HEALTH  EMERGENCY  RESULTS  IN  A
STATEWIDE  OR  REGIONAL  SHORTAGE  OR THREATENED SHORTAGE OF ANY PRODUCT
COVERED BY SUBDIVISION ONE OF THIS SECTION, WHETHER OR NOT SUCH  PRODUCT
HAS  BEEN  PURCHASED  BY  THE PUBLIC HEALTH AUTHORITY, THE PUBLIC HEALTH
AUTHORITY MAY CONTROL, RESTRICT AND  REGULATE  BY  RATIONING  AND  USING
QUOTAS,  PROHIBITIONS  ON SHIPMENTS, ALLOCATION OR OTHER MEANS, THE USE,
SALE, DISPENSING, DISTRIBUTION OR TRANSPORTATION OF THE RELEVANT PRODUCT
NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE
STATE.
  3. PRIORITY. IN MAKING RATIONING  OR  OTHER  SUPPLY  AND  DISTRIBUTION
DECISIONS,  THE  PUBLIC  HEALTH  AUTHORITY MAY GIVE PREFERENCE TO HEALTH
CARE PROVIDERS, DISASTER RESPONSE PERSONNEL AND MORTUARY STAFF.
  4. DISTRIBUTION. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC
HEALTH AUTHORITY MAY PROCURE,  STORE  AND  DISTRIBUTE  ANY  ANTI-TOXINS,
SERUMS,  VACCINES,  IMMUNIZING  AGENTS, ANTIBIOTICS AND OTHER PHARMACEU-
TICAL AGENTS OR MEDICAL SUPPLIES LOCATED WITHIN  THE  STATE  AS  MAY  BE
REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH
THE RIGHT TO TAKE IMMEDIATE POSSESSION THEREOF. IF A PUBLIC HEALTH EMER-
GENCY  SIMULTANEOUSLY  AFFECTS  MORE  THAN  ONE  STATE,  NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO  ALLOW  THE  PUBLIC  HEALTH  AUTHORITY  TO
OBTAIN ANTI-TOXINS, SERUMS, VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND
OTHER  PHARMACEUTICAL AGENTS OR MEDICAL SUPPLIES FOR THE PRIMARY PURPOSE
OF HOARDING  SUCH  PRODUCTS  OR  PREVENTING  THEIR  FAIR  AND  EQUITABLE
DISTRIBUTION AMONG AFFECTED STATES.
  S  1035.  COMPENSATION.  THE  STATE SHALL PAY JUST COMPENSATION TO THE
OWNER OF ANY FACILITY OR MATERIAL THAT IS LAWFULLY TAKEN OR APPROPRIATED
BY THE PUBLIC HEALTH AUTHORITY FOR ITS TEMPORARY OR PERMANENT USE  UNDER
THIS  TITLE  ACCORDING  TO  THE  PROCEDURES  AND  STANDARDS SET FORTH IN
SECTION ONE THOUSAND SEVENTY-FOUR OF THIS  ARTICLE.  COMPENSATION  SHALL
NOT  BE PROVIDED FOR FACILITIES OR MATERIALS THAT ARE CLOSED, EVACUATED,
DECONTAMINATED OR DESTROYED WHEN THERE IS REASONABLE  CAUSE  TO  BELIEVE
THAT  THEY  MAY ENDANGER THE PUBLIC HEALTH PURSUANT TO SECTION ONE THOU-
SAND THIRTY OF THIS TITLE.

A. 4698                            14

  S 1036. DESTRUCTION OF PROPERTY. TO THE EXTENT PRACTICABLE, CONSISTENT
WITH THE PROTECTION OF PUBLIC HEALTH, PRIOR TO THE  DESTRUCTION  OF  ANY
PROPERTY  PURSUANT  TO  THIS  TITLE,  THE  PUBLIC HEALTH AUTHORITY SHALL
INSTITUTE APPROPRIATE CIVIL  PROCEEDINGS  AGAINST  THE  PROPERTY  TO  BE
DESTROYED  IN  ACCORDANCE WITH THE EXISTING LAWS AND RULES OF THE COURTS
OF THIS STATE, OR ANY SUCH RULES THAT MAY BE DEVELOPED BY THE COURTS FOR
USE DURING A STATE OF PUBLIC HEALTH EMERGENCY.  ANY PROPERTY ACQUIRED BY
THE PUBLIC HEALTH AUTHORITY THROUGH SUCH PROCEEDINGS SHALL, AFTER  ENTRY
OF  THE  ORDER,  BE  DISPOSED OF BY DESTRUCTION PURSUANT TO THE TERMS OF
SUCH ORDER.
                                TITLE VI
  SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY; PROTECTION OF
                                 PERSONS
SECTION 1040. PROTECTION OF PERSONS.
        1041. MEDICAL EXAMINATIONS AND TESTING.
        1042. VACCINATION AND TREATMENT.
        1043. ISOLATION AND QUARANTINE.
        1044. PROCEDURES FOR ISOLATION AND QUARANTINE.
        1045. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS.
        1046. ACCESS AND DISCLOSURE OF PROTECTED HEALTH INFORMATION.
        1047. LICENSING AND APPOINTMENT OF HEALTH PERSONNEL.
  S 1040. PROTECTION OF PERSONS. DURING A STATE OF PUBLIC  HEALTH  EMER-
GENCY,  THE  PUBLIC  HEALTH AUTHORITY SHALL USE EVERY AVAILABLE MEANS TO
PREVENT THE TRANSMISSION OF INFECTIOUS DISEASE AND TO  ENSURE  THAT  ALL
CASES OF CONTAGIOUS DISEASE ARE SUBJECT TO PROPER CONTROL AND TREATMENT.
  S  1041.  MEDICAL  EXAMINATIONS  AND TESTING. DURING A STATE OF PUBLIC
HEALTH EMERGENCY, THE PUBLIC HEALTH AUTHORITY MAY PERFORM PHYSICAL EXAM-
INATIONS AND/OR TESTS AS NECESSARY FOR THE DIAGNOSIS  AND  TREATMENT  OF
INDIVIDUALS.
  1.  MEDICAL  EXAMINATIONS  AND TESTS MAY BE PERFORMED BY ANY QUALIFIED
PERSON AUTHORIZED TO DO SO BY THE PUBLIC HEALTH AUTHORITY.
  2. MEDICAL EXAMINATIONS AND TESTS SHALL NOT BE  REASONABLY  LIKELY  TO
RESULT IN SERIOUS HARM TO THE AFFECTED INDIVIDUAL.
  3.  THE PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE, PURSUANT TO
SECTION ONE THOUSAND FORTY-THREE OF THIS TITLE, ANY PERSON WHOSE REFUSAL
OF MEDICAL EXAMINATION  OR  TESTING  RESULTS  IN  UNCERTAINTY  REGARDING
WHETHER SUCH PERSON HAS BEEN EXPOSED TO OR IS INFECTED WITH A CONTAGIOUS
OR  POSSIBLY  CONTAGIOUS  DISEASE, OR OTHERWISE POSES A DANGER TO PUBLIC
HEALTH.
  S 1042. VACCINATION AND TREATMENT. DURING A  STATE  OF  PUBLIC  HEALTH
EMERGENCY,  THE PUBLIC HEALTH AUTHORITY MAY EXERCISE THE FOLLOWING EMER-
GENCY POWERS OVER PERSONS AS NECESSARY  TO  ADDRESS  THE  PUBLIC  HEALTH
EMERGENCY:
  1.  VACCINATION.  TO VACCINATE PEOPLE AS PROTECTION AGAINST INFECTIOUS
DISEASE AND TO PREVENT THE SPREAD OF CONTAGIOUS OR  POSSIBLY  CONTAGIOUS
DISEASE.
  (A) VACCINATION MAY BE PERFORMED BY ANY QUALIFIED PERSON AUTHORIZED TO
DO SO BY THE PUBLIC HEALTH AUTHORITY.
  (B)  A  VACCINE  TO  BE ADMINISTERED MUST NOT BE SUCH AS IS REASONABLY
LIKELY TO LEAD TO SERIOUS HARM TO THE AFFECTED INDIVIDUAL.
  (C) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE
THE PUBLIC HEALTH AUTHORITY  MAY  ISOLATE  OR  QUARANTINE,  PURSUANT  TO
SECTION  ONE  THOUSAND FORTY-THREE OF THIS TITLE, PERSONS WHO ARE UNABLE
OR UNWILLING FOR REASONS OF HEALTH, RELIGION OR  CONSCIENCE  TO  UNDERGO
VACCINATION PURSUANT TO THIS SUBDIVISION.
  2. TREATMENT. TO TREAT PEOPLE EXPOSED TO OR INFECTED WITH DISEASE.

A. 4698                            15

  (A)  TREATMENT  MAY BE ADMINISTERED BY ANY QUALIFIED PERSON AUTHORIZED
TO DO SO BY THE PUBLIC HEALTH AUTHORITY.
  (B)  TREATMENT  SHALL NOT BE SUCH THAT IT IS REASONABLY LIKELY TO LEAD
TO SERIOUS HARM TO THE AFFECTED INDIVIDUAL.
  (C) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE
A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE PURSUANT TO  SECTION
ONE  THOUSAND  FORTY-THREE  OF  THIS  TITLE,  PERSONS  WHO ARE UNABLE OR
UNWILLING FOR REASONS OF  HEALTH,  RELIGION  OR  CONSCIENCE  TO  UNDERGO
TREATMENT PURSUANT TO THIS SUBDIVISION.
  S  1043. ISOLATION AND QUARANTINE. 1. AUTHORIZATION. DURING THE PUBLIC
HEALTH EMERGENCY, A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE AN
INDIVIDUAL OR GROUPS OF INDIVIDUALS. THIS INCLUDES INDIVIDUALS OR GROUPS
WHO HAVE NOT BEEN VACCINATED, TREATED, TESTED OR  EXAMINED  PURSUANT  TO
SECTIONS  ONE  THOUSAND  FORTY-ONE  AND  ONE  THOUSAND FORTY-TWO OF THIS
TITLE. THE PUBLIC HEALTH AUTHORITY MAY ALSO ESTABLISH AND MAINTAIN PLAC-
ES OF ISOLATION AND QUARANTINE, AND SET RULES AND MAKE ORDERS.   FAILURE
TO OBEY SUCH RULES, ORDERS OR PROVISIONS SHALL CONSTITUTE A MISDEMEANOR.
  2. CONDITIONS AND PRINCIPLES. THE PUBLIC HEALTH AUTHORITY SHALL ADHERE
TO  THE FOLLOWING CONDITIONS AND PRINCIPLES WHEN ISOLATING OR QUARANTIN-
ING INDIVIDUALS OR GROUPS OF INDIVIDUALS:
  (A) ISOLATION AND QUARANTINE SHALL BE BY THE LEAST  RESTRICTIVE  MEANS
NECESSARY  TO  PREVENT THE SPREAD OF A CONTAGIOUS OR POSSIBLY CONTAGIOUS
DISEASE TO OTHERS AND MAY INCLUDE, BUT NOT BE LIMITED TO, CONFINEMENT TO
PRIVATE HOMES, OR OTHER PRIVATE AND PUBLIC PREMISES;
  (B) ISOLATED INDIVIDUALS SHALL BE CONFINED SEPARATELY FROM QUARANTINED
INDIVIDUALS;
  (C) THE HEALTH STATUS OF ISOLATED AND QUARANTINED INDIVIDUALS SHALL BE
MONITORED REGULARLY TO DETERMINE IF THEY REQUIRE  ISOLATION  OR  QUARAN-
TINE;
  (D)  IF  A  QUARANTINED INDIVIDUAL SUBSEQUENTLY BECOMES INFECTED OR IS
REASONABLY BELIEVED TO HAVE BECOME INFECTED WITH A CONTAGIOUS OR  POSSI-
BLY CONTAGIOUS DISEASE HE OR SHE SHALL PROMPTLY BE REMOVED TO ISOLATION;
  (E)  ISOLATED AND QUARANTINED INDIVIDUALS MUST BE IMMEDIATELY RELEASED
WHEN THEY POSE NO SUBSTANTIAL  RISK  OF  TRANSMITTING  A  CONTAGIOUS  OR
POSSIBLY CONTAGIOUS DISEASE TO OTHERS;
  (F)  THE  NEEDS OF PERSONS ISOLATED AND QUARANTINED SHALL BE ADDRESSED
IN A SYSTEMATIC AND COMPETENT FASHION INCLUDING,  BUT  NOT  LIMITED  TO,
PROVIDING  ADEQUATE FOOD, CLOTHING, SHELTER, MEANS OF COMMUNICATION WITH
THOSE IN ISOLATION OR QUARANTINE AND OUTSIDE SUCH  SETTINGS,  MEDICATION
AND COMPETENT MEDICAL CARE;
  (G)  PREMISES USED FOR ISOLATION AND QUARANTINE SHALL BE MAINTAINED IN
A SAFE AND HYGIENIC MANNER, AND BE DESIGNED TO MINIMIZE  THE  LIKELIHOOD
OF  FURTHER TRANSMISSION OF INFECTION OR OTHER HARMS TO PERSONS ISOLATED
AND QUARANTINED; AND
  (H) TO THE EXTENT POSSIBLE, CULTURAL AND RELIGIOUS BELIEFS  SHOULD  BE
CONSIDERED  IN ADDRESSING THE NEEDS OF INDIVIDUALS, AND ESTABLISHING AND
MAINTAINING ISOLATION AND QUARANTINE PREMISES.
  3. COOPERATION. PERSONS SUBJECT TO ISOLATION OR QUARANTINE SHALL  OBEY
THE  PUBLIC HEALTH AUTHORITY'S RULES AND ORDERS; AND SHALL NOT GO BEYOND
THE ISOLATION OR QUARANTINE PREMISES. FAILURE TO OBEY SUCH RULES, ORDERS
AND PROVISIONS SHALL CONSTITUTE A MISDEMEANOR.
  4. ENTRY INTO ISOLATION OR QUARANTINE PREMISES.  (A) AUTHORIZED ENTRY.
THE PUBLIC HEALTH AUTHORITY MAY AUTHORIZE PHYSICIANS, HEALTH CARE  WORK-
ERS  AND OTHERS TO HAVE ACCESS TO INDIVIDUALS IN ISOLATION OR QUARANTINE
AS NECESSARY TO MEET THE NEEDS OF ISOLATED OR QUARANTINED INDIVIDUALS.

A. 4698                            16

  (B) UNAUTHORIZED ENTRY. NO PERSON, OTHER THAN A PERSON  AUTHORIZED  BY
THE  PUBLIC  HEALTH AUTHORITY, SHALL ENTER ISOLATION OR QUARANTINE PREM-
ISES.  FAILURE TO OBEY THIS PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR.
  (C)   POTENTIAL  ISOLATION  OR  QUARANTINE.  ANY  PERSON  ENTERING  AN
ISOLATION OR QUARANTINE PREMISES WITH OR WITHOUT  AUTHORIZATION  OF  THE
PUBLIC  HEALTH AUTHORITY MAY BE ISOLATED OR QUARANTINED PURSUANT TO THIS
SECTION.
  S 1044. PROCEDURES FOR  ISOLATION  AND  QUARANTINE.  DURING  A  PUBLIC
HEALTH  EMERGENCY,  THE  ISOLATION  AND  QUARANTINE  OF AN INDIVIDUAL OR
GROUPS OF INDIVIDUALS SHALL BE UNDERTAKEN IN ACCORDANCE WITH THE FOLLOW-
ING PROCEDURES:
  1. TEMPORARY ISOLATION AND QUARANTINE  WITHOUT  NOTICE.  (A)  AUTHORI-
ZATION.   THE PUBLIC HEALTH AUTHORITY MAY TEMPORARILY ISOLATE OR QUARAN-
TINE AN INDIVIDUAL OR GROUPS OF INDIVIDUALS THROUGH A WRITTEN  DIRECTIVE
IF  DELAY  IN  IMPOSING  THE ISOLATION OR QUARANTINE WOULD SIGNIFICANTLY
JEOPARDIZE THE PUBLIC HEALTH AUTHORITY'S ABILITY TO PREVENT OR LIMIT THE
TRANSMISSION OF A CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE TO OTHERS.
  (B) CONTENT OF DIRECTIVE. THE  WRITTEN  DIRECTIVE  SHALL  SPECIFY  THE
FOLLOWING:  (I)  THE IDENTITY OF THE INDIVIDUAL OR GROUPS OF INDIVIDUALS
SUBJECT TO  ISOLATION  OR  QUARANTINE;  (II)  THE  PREMISES  SUBJECT  TO
ISOLATION  OR  QUARANTINE; (III) THE DATE AND TIME AT WHICH ISOLATION OR
QUARANTINE COMMENCES; (IV) THE SUSPECTED CONTAGIOUS DISEASE,  IF  KNOWN;
AND  (V) A COPY OF THIS TITLE AND THE RELEVANT DEFINITIONS OF THIS ARTI-
CLE.
  (C) COPIES. A COPY OF THE WRITTEN DIRECTIVE  SHALL  BE  GIVEN  TO  THE
INDIVIDUAL  TO  BE ISOLATED OR QUARANTINED OR, IF THE ORDER APPLIES TO A
GROUP OF INDIVIDUALS AND IT IS IMPRACTICAL TO PROVIDE INDIVIDUAL COPIES,
IT MAY BE POSTED IN A CONSPICUOUS PLACE IN THE ISOLATION  OR  QUARANTINE
PREMISES.
  (D)  PETITION  FOR  CONTINUED ISOLATION OR QUARANTINE. WITHIN TEN DAYS
AFTER ISSUING THE WRITTEN DIRECTIVE, THE PUBLIC HEALTH  AUTHORITY  SHALL
FILE  A PETITION PURSUANT TO SUBDIVISION TWO OF THIS SECTION FOR A COURT
ORDER AUTHORIZING THE CONTINUED ISOLATION OR QUARANTINE OF THE  ISOLATED
OR QUARANTINED INDIVIDUAL OR GROUPS OF INDIVIDUALS.
  2.  ISOLATION OR QUARANTINE WITH NOTICE. (A) AUTHORIZATION. THE PUBLIC
HEALTH AUTHORITY MAY MAKE A WRITTEN PETITION TO A  TRIAL  COURT  FOR  AN
ORDER AUTHORIZING THE ISOLATION OR QUARANTINE OF AN INDIVIDUAL OR GROUPS
OF INDIVIDUALS.
  (B) CONTENT OF PETITION. A PETITION PURSUANT TO THIS SUBDIVISION SHALL
SPECIFY  THE  FOLLOWING: (I) THE IDENTITY OF THE INDIVIDUAL OR GROUPS OF
INDIVIDUALS SUBJECT  TO  ISOLATION  OR  QUARANTINE;  (II)  THE  PREMISES
SUBJECT  TO  ISOLATION  OR  QUARANTINE; (III) THE DATE AND TIME AT WHICH
ISOLATION  OR  QUARANTINE  COMMENCES;  (IV)  THE  SUSPECTED   CONTAGIOUS
DISEASE, IF KNOWN; (V) A STATEMENT OF COMPLIANCE WITH THE CONDITIONS AND
PRINCIPLES  FOR ISOLATION AND QUARANTINE AS STATED IN SUBDIVISION TWO OF
SECTION ONE THOUSAND FORTY-THREE OF THIS TITLE; AND (VI) A STATEMENT  OF
THE  BASIS UPON WHICH ISOLATION OR QUARANTINE IS JUSTIFIED IN COMPLIANCE
WITH THIS TITLE. THE PETITION SHALL BE ACCOMPANIED BY THE SWORN  AFFIDA-
VIT  OF  THE  PUBLIC HEALTH AUTHORITY ATTESTING TO THE FACTS ASSERTED IN
THE PETITION, TOGETHER WITH ANY FURTHER INFORMATION THAT MAY BE RELEVANT
AND MATERIAL TO THE COURT'S CONSIDERATION.
  (C) NOTICE. NOTICE TO THE INDIVIDUAL OR GROUPS OF INDIVIDUALS  IDENTI-
FIED  IN  THE PETITION SHALL BE ACCOMPLISHED WITHIN TWENTY-FOUR HOURS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  (D) HEARING. A HEARING MUST BE HELD ON ANY PETITION FILED PURSUANT  TO
THIS  SUBDIVISION    WITHIN  FIVE  DAYS  OF  FILING  OF THE PETITION. IN

A. 4698                            17

EXTRAORDINARY CIRCUMSTANCES AND FOR GOOD CAUSE SHOWN THE  PUBLIC  HEALTH
AUTHORITY  MAY  APPLY  TO  CONTINUE THE HEARING DATE ON A PETITION FILED
PURSUANT TO THIS SECTION FOR UP TO TEN DAYS, WHICH CONTINUANCE THE COURT
MAY  GRANT  IN  ITS  DISCRETION  GIVING  DUE REGARD TO THE RIGHTS OF THE
AFFECTED INDIVIDUALS, THE PROTECTION OF THE PUBLIC'S HEALTH, THE SEVERI-
TY OF THE EMERGENCY AND THE  AVAILABILITY  OF  NECESSARY  WITNESSES  AND
EVIDENCE.
  (E)  ORDER.  THE COURT SHALL GRANT THE PETITION IF, BY A PREPONDERANCE
OF THE EVIDENCE, ISOLATION OR  QUARANTINE  IS  SHOWN  TO  BE  REASONABLY
NECESSARY TO PREVENT OR LIMIT THE TRANSMISSION OF A CONTAGIOUS OR POSSI-
BLY CONTAGIOUS DISEASE TO OTHERS.
  (I) AN ORDER AUTHORIZING ISOLATION OR QUARANTINE MAY DO SO FOR A PERI-
OD NOT TO EXCEED THIRTY DAYS.
  (II)  SUCH  ORDER SHALL (A) IDENTIFY THE ISOLATED OR QUARANTINED INDI-
VIDUALS OR GROUPS OF INDIVIDUALS BY NAME OR SHARED OR SIMILAR CHARACTER-
ISTICS  OR  CIRCUMSTANCES;  (B)  SPECIFY  FACTUAL  FINDINGS   WARRANTING
ISOLATION OR QUARANTINE PURSUANT TO THIS ARTICLE; (C) INCLUDE ANY CONDI-
TIONS  NECESSARY  TO  ENSURE THAT ISOLATION OR QUARANTINE IS CARRIED OUT
WITHIN THE STATED PURPOSES AND RESTRICTIONS OF THIS ARTICLE; AND (D)  BE
SERVED  ON  AFFECTED  INDIVIDUALS OR GROUPS OF INDIVIDUALS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
  (F) CONTINUANCES. PRIOR TO THE EXPIRATION OF AN ORDER ISSUED  PURSUANT
TO  PARAGRAPH  (E)  OF THIS SUBDIVISION, THE PUBLIC HEALTH AUTHORITY MAY
MOVE TO CONTINUE ISOLATION OR QUARANTINE FOR ADDITIONAL PERIODS  NOT  TO
EXCEED  THIRTY  DAYS  EACH. THE TRIAL COURT SHALL CONSIDER THE MOTION IN
ACCORDANCE WITH STANDARDS SET FORTH IN SUCH PARAGRAPH.
  3. RELIEF FROM ISOLATION AND QUARANTINE.  (A) RELEASE.  AN  INDIVIDUAL
OR GROUP OF INDIVIDUALS ISOLATED OR QUARANTINED PURSUANT TO THIS ARTICLE
MAY APPLY TO THE TRIAL COURT FOR AN ORDER TO SHOW CAUSE WHY THE INDIVID-
UAL  OR  GROUP  OF  INDIVIDUALS SHOULD NOT BE RELEASED.  THE COURT SHALL
RULE ON THE APPLICATION TO SHOW CAUSE WITHIN FORTY-EIGHT  HOURS  OF  ITS
FILING.  IF THE COURT GRANTS THE APPLICATION, THE COURT SHALL SCHEDULE A
HEARING ON THE ORDER TO SHOW CAUSE WITHIN TWENTY-FOUR HOURS  FROM  ISSU-
ANCE  OF THE ORDER TO SHOW CAUSE. THE ISSUANCE OF AN ORDER TO SHOW CAUSE
SHALL NOT STAY OR ENJOIN AN ISOLATION OR QUARANTINE ORDER.
  (B) REMEDIES FOR BREACH OF CONDITIONS. AN INDIVIDUAL OR GROUP OF INDI-
VIDUALS ISOLATED OR QUARANTINED PURSUANT TO THIS ARTICLE MAY  REQUEST  A
HEARING IN THE TRIAL COURT FOR REMEDIES REGARDING BREACHES TO THE CONDI-
TIONS OF ISOLATION OR QUARANTINE. A REQUEST FOR A HEARING SHALL NOT STAY
OR ENJOIN AN ISOLATION OR QUARANTINE ORDER.
  (I)  UPON  RECEIPT  OF  A  REQUEST PURSUANT TO THIS PARAGRAPH ALLEGING
EXTRAORDINARY CIRCUMSTANCES JUSTIFYING THE IMMEDIATE GRANTING OF RELIEF,
THE COURT SHALL FIX A DATE FOR HEARING ON THE MATTERS ALLEGED  NOT  MORE
THAN TWENTY-FOUR HOURS FROM RECEIPT OF THE REQUEST.
  (II)  OTHERWISE,  UPON RECEIPT OF A REQUEST PURSUANT TO THIS PARAGRAPH
THE COURT SHALL FIX A DATE FOR A HEARING ON THE MATTERS  ALLEGED  WITHIN
FIVE DAYS FROM RECEIPT OF THE REQUEST.
  (C)  EXTENSIONS.  IN  ANY  PROCEEDINGS BROUGHT FOR RELIEF, IN EXTRAOR-
DINARY CIRCUMSTANCES AND FOR GOOD CAUSE SHOWN, THE PUBLIC HEALTH AUTHOR-
ITY MAY MOVE THE COURT TO EXTEND THE TIME FOR A HEARING, WHICH EXTENSION
THE COURT IN ITS DISCRETION MAY GRANT GIVING DUE REGARD TO THE RIGHTS OF
THE AFFECTED INDIVIDUALS, THE PROTECTION OF  THE  PUBLIC'S  HEALTH,  THE
SEVERITY  OF  THE  EMERGENCY AND THE AVAILABILITY OF NECESSARY WITNESSES
AND EVIDENCE.
  4. PROCEEDINGS. A RECORD OF THE PROCEEDINGS PURSUANT TO  THIS  SECTION
SHALL  BE  MADE AND RETAINED. IN THE EVENT THAT, GIVEN A STATE OF PUBLIC

A. 4698                            18

HEALTH EMERGENCY, PARTIES CAN NOT PERSONALLY APPEAR  BEFORE  THE  COURT,
PROCEEDINGS  MAY BE CONDUCTED BY THEIR AUTHORIZED REPRESENTATIVES AND BE
HELD VIA ANY MEANS THAT ALLOWS ALL PARTIES TO FULLY PARTICIPATE.
  5.  COURT  TO APPOINT COUNSEL AND CONSOLIDATE CLAIMS. (A) APPOINTMENT.
THE COURT SHALL APPOINT COUNSEL AT STATE EXPENSE TO  REPRESENT  INDIVID-
UALS OR GROUPS OF INDIVIDUALS WHO ARE OR WHO ARE ABOUT TO BE ISOLATED OR
QUARANTINED  PURSUANT  TO THE PROVISIONS OF THIS ARTICLE AND WHO ARE NOT
OTHERWISE REPRESENTED BY COUNSEL. APPOINTMENTS SHALL BE MADE IN  ACCORD-
ANCE  WITH THE PROCEDURES TO BE SPECIFIED IN THE PUBLIC HEALTH EMERGENCY
PLAN AND SHALL LAST THROUGHOUT THE DURATION OF THE ISOLATION OR  QUARAN-
TINE  OF  THE  INDIVIDUAL  OR  GROUP OF INDIVIDUALS.   THE PUBLIC HEALTH
AUTHORITY SHALL PROVIDE ADEQUATE MEANS  OF  COMMUNICATION  BETWEEN  SUCH
INDIVIDUALS OR GROUPS AND THEIR COUNSEL.
  (B)  CONSOLIDATION.  IN  ANY  PROCEEDINGS  BROUGHT  PURSUANT  TO  THIS
SECTION, TO PROMOTE THE FAIR AND  EFFICIENT  OPERATION  OF  JUSTICE  AND
HAVING  GIVEN  DUE REGARD TO THE RIGHTS OF THE AFFECTED INDIVIDUALS, THE
PROTECTION OF THE PUBLIC'S HEALTH, THE SEVERITY OF THE EMERGENCY AND THE
AVAILABILITY OF NECESSARY WITNESSES AND EVIDENCE, THE  COURT  MAY  ORDER
THE CONSOLIDATION OF INDIVIDUAL CLAIMS INTO GROUP OR CLAIMS WHERE:
  (I)  THE  NUMBER OF INDIVIDUALS INVOLVED OR TO BE AFFECTED IS SO LARGE
AS TO RENDER INDIVIDUAL PARTICIPATION IMPRACTICAL;
  (II) THERE ARE QUESTIONS OF LAW  OR  FACT  COMMON  TO  THE  INDIVIDUAL
CLAIMS OR RIGHTS TO BE DETERMINED;
  (III)  THE  GROUP CLAIMS OR RIGHTS TO BE DETERMINED ARE TYPICAL OF THE
AFFECTED INDIVIDUALS' CLAIMS OR RIGHTS; AND
  (IV) THE ENTIRE GROUP WILL BE ADEQUATELY REPRESENTED  IN  THE  CONSOL-
IDATION.
  S 1045. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS.  THE
PUBLIC  HEALTH  AUTHORITY  MAY,  FOR  SUCH PERIOD AS THE STATE OF PUBLIC
HEALTH EMERGENCY EXISTS, COLLECT SPECIMENS AND PERFORM TESTS  ON  LIVING
PERSONS  PURSUANT  TO  SECTION  ONE THOUSAND FORTY-ONE OF THIS TITLE AND
ALSO UPON DECEASED PERSONS AND ANIMALS (LIVING OR DECEASED), AND ACQUIRE
ANY PREVIOUSLY COLLECTED SPECIMENS OR TEST RESULTS THAT  ARE  REASONABLE
AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY.
  1. MARKING. ALL SPECIMENS SHALL BE CLEARLY MARKED.
  2. CONTAMINATION. SPECIMEN COLLECTION, HANDLING, STORAGE AND TRANSPORT
TO  THE TESTING SITE SHALL BE PERFORMED IN A MANNER THAT WILL REASONABLY
PRECLUDE SPECIMEN CONTAMINATION OR ADULTERATION,  AND  PROVIDE  FOR  THE
SAFE COLLECTION, STORAGE, HANDLING AND TRANSPORT OF SUCH SPECIMEN.
  3.  CHAIN  OF  CUSTODY.  ANY PERSON AUTHORIZED TO COLLECT SPECIMENS OR
PERFORM TESTS SHALL USE CHAIN OF CUSTODY  PROCEDURES  TO  ENSURE  PROPER
RECORD KEEPING, HANDLING, LABELING AND IDENTIFICATION OF SPECIMENS TO BE
TESTED.  THIS  REQUIREMENT APPLIES TO ALL SPECIMENS, INCLUDING SPECIMENS
COLLECTED USING ON-SITE TESTING KITS.
  4. CRIMINAL INVESTIGATION. RECOGNIZING THAT, DURING A STATE OF  PUBLIC
HEALTH  EMERGENCY,  ANY  SPECIMEN  COLLECTED  OR  TEST  PERFORMED MAY BE
EVIDENCE IN A CRIMINAL INVESTIGATION, ANY BUSINESS, FACILITY  OR  AGENCY
AUTHORIZED  TO  COLLECT  SPECIMENS  OR  PERFORM TESTS SHALL PROVIDE SUCH
SUPPORT AS IS REASONABLE AND NECESSARY TO AID  IN  A  RELEVANT  CRIMINAL
INVESTIGATION.
  S  1046.  ACCESS  AND  DISCLOSURE OF PROTECTED HEALTH INFORMATION.  1.
ACCESS. ACCESS TO PROTECTED  HEALTH  INFORMATION  OF  PERSONS  WHO  HAVE
PARTICIPATED  IN  MEDICAL  TESTING, TREATMENT, VACCINATION, ISOLATION OR
QUARANTINE PROGRAMS, OR EFFORTS BY THE PUBLIC HEALTH AUTHORITY DURING  A
PUBLIC  HEALTH  EMERGENCY  SHALL  BE  LIMITED  TO THOSE PERSONS HAVING A
LEGITIMATE NEED TO ACQUIRE OR USE SUCH INFORMATION TO:

A. 4698                            19

  (A) PROVIDE TREATMENT TO THE INDIVIDUAL WHO IS  THE  SUBJECT  OF  SUCH
INFORMATION;
  (B) CONDUCT EPIDEMIOLOGIC RESEARCH; OR
  (C) INVESTIGATE THE CAUSES OF TRANSMISSION.
  2.  DISCLOSURE. PROTECTED HEALTH INFORMATION HELD BY THE PUBLIC HEALTH
AUTHORITY SHALL NOT BE DISCLOSED TO ANOTHER PERSON  WITHOUT  INDIVIDUAL,
WRITTEN, SPECIFIC, INFORMED CONSENT, EXCEPT FOR DISCLOSURES MADE:
  (A) DIRECTLY TO THE INDIVIDUAL;
  (B) TO THE INDIVIDUAL'S IMMEDIATE FAMILY MEMBERS OR PERSONAL REPRESEN-
TATIVE;
  (C) TO APPROPRIATE FEDERAL AGENCIES OR AUTHORITIES PURSUANT TO FEDERAL
LAW;
  (D) PURSUANT TO A COURT ORDER TO AVERT A CLEAR DANGER TO AN INDIVIDUAL
OR THE PUBLIC HEALTH; OR
  (E) TO IDENTIFY A DECEASED INDIVIDUAL OR DETERMINE THE MANNER OR CAUSE
OF DEATH.
  S  1047.  LICENSING  AND  APPOINTMENT  OF HEALTH PERSONNEL. THE PUBLIC
HEALTH AUTHORITY MAY EXERCISE, FOR SUCH PERIOD AS THE  STATE  OF  PUBLIC
HEALTH  EMERGENCY  EXISTS,  THE FOLLOWING EMERGENCY POWERS REGARDING THE
LICENSING AND APPOINTMENT OF HEALTH PERSONNEL:
  1. HEALTH CARE PROVIDERS. TO REQUIRE IN-STATE HEALTH CARE PROVIDERS TO
ASSIST IN THE PERFORMANCE OF VACCINATION, EXAMINATION AND  TREATMENT  OF
ANY  PERSON  AS A CONDITION OF CONTINUED LICENSURE AUTHORIZATION, OR THE
ABILITY TO CONTINUE TO FUNCTION AS A HEALTH CARE PROVIDER IN THIS STATE.
  2. HEALTH CARE PROVIDERS FROM  OTHER  JURISDICTIONS.  TO  APPOINT  AND
PRESCRIBE  THE DUTIES OF SUCH OUT-OF-STATE EMERGENCY HEALTH CARE PROVID-
ERS AS MAY BE REASONABLE AND NECESSARY TO RESPOND TO THE  PUBLIC  HEALTH
EMERGENCY.
  (A)  THE  APPOINTMENT  OF OUT-OF-STATE EMERGENCY HEALTH CARE PROVIDERS
PURSUANT TO THIS SUBDIVISION MAY BE FOR A LIMITED OR UNLIMITED TIME, BUT
SHALL NOT EXCEED THE TERMINATION OF THE DECLARATION OF A STATE OF PUBLIC
HEALTH EMERGENCY. THE PUBLIC HEALTH AUTHORITY MAY TERMINATE THE  OUT-OF-
STATE  APPOINTMENTS AT ANY TIME OR FOR ANY REASON PROVIDED THAT ANY SUCH
TERMINATION WILL NOT JEOPARDIZE THE HEALTH, SAFETY AND  WELFARE  OF  THE
PEOPLE OF THIS STATE.
  (B)  THE  PUBLIC  HEALTH  AUTHORITY  MAY  WAIVE  ANY  OR ALL LICENSING
REQUIREMENTS, PERMITS AND FEES REQUIRED  BY  STATE  LAW  AND  APPLICABLE
ORDERS, RULES OR REGULATIONS FOR HEALTH CARE PROVIDERS FROM OTHER JURIS-
DICTIONS TO PRACTICE IN THIS STATE.
  (C) ANY OUT-OF-STATE EMERGENCY HEALTH CARE PROVIDER APPOINTED PURSUANT
TO  THIS SUBDIVISION SHALL NOT BE HELD LIABLE FOR ANY CIVIL DAMAGES AS A
RESULT OF MEDICAL CARE OR TREATMENT  RELATED  TO  THE  RESPONSE  TO  THE
PUBLIC  HEALTH  EMERGENCY  UNLESS  SUCH DAMAGES RESULT FROM PROVIDING OR
FAILING TO PROVIDE MEDICAL CARE OR TREATMENT UNDER CIRCUMSTANCES  DEMON-
STRATING  A  RECKLESS DISREGARD FOR THE CONSEQUENCES SO AS TO AFFECT THE
LIFE OR HEALTH OF THE PATIENT.
  3. PERSONNEL TO PERFORM DUTIES OF  MEDICAL  EXAMINER  OR  CORONER.  TO
AUTHORIZE  A  MEDICAL  EXAMINER  OR CORONER TO APPOINT AND PRESCRIBE THE
DUTIES OF SUCH EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS AS  MAY
BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES OF THE OFFICE.
  (A) THE APPOINTMENT OF EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORON-
ERS PURSUANT TO THIS SUBDIVISION MAY BE FOR A LIMITED OR UNLIMITED TIME,
BUT  SHALL  NOT  EXCEED THE TERMINATION OF THE DECLARATION OF A STATE OF
PUBLIC HEALTH EMERGENCY. THE MEDICAL EXAMINER OR CORONER  MAY  TERMINATE
SUCH EMERGENCY APPOINTMENTS AT ANY TIME OR FOR ANY REASON, PROVIDED THAT

A. 4698                            20

ANY  SUCH  TERMINATION  WILL NOT IMPEDE THE PERFORMANCE OF DUTIES OF THE
OFFICE.
  (B)  THE  MEDICAL  EXAMINER  OR CORONER MAY WAIVE ANY OR ALL LICENSING
REQUIREMENTS, PERMITS AND FEES REQUIRED  BY  STATE  LAW  AND  APPLICABLE
ORDERS, RULES AND REGULATIONS FOR THE PERFORMANCE OF SUCH DUTIES.
  (C)  ANY  EMERGENCY  ASSISTANT  MEDICAL  EXAMINER OR CORONER APPOINTED
PURSUANT TO THIS SUBDIVISION, AND ACTING WITHOUT MALICE AND  WITHIN  THE
SCOPE OF HIS OR HER PRESCRIBED DUTIES SHALL BE IMMUNE FROM CIVIL LIABIL-
ITY IN THE PERFORMANCE OF SUCH DUTIES.
                                TITLE VII
         PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCIES
SECTION 1050. DISSEMINATION OF INFORMATION.
        1051. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL.
  S  1050.  DISSEMINATION  OF  INFORMATION.  THE PUBLIC HEALTH AUTHORITY
SHALL INFORM THE PEOPLE OF THE STATE WHEN A STATE OF PUBLIC HEALTH EMER-
GENCY HAS BEEN DECLARED OR TERMINATED, HOW  TO  PROTECT  THEMSELVES  AND
WHAT ACTIONS ARE BEING TAKEN TO CONTROL THE EMERGENCY.
  1.  MEANS  OF DISSEMINATION. THE PUBLIC HEALTH AUTHORITY SHALL PROVIDE
INFORMATION BY ALL AVAILABLE AND REASONABLE MEANS  CALCULATED  TO  BRING
THE INFORMATION PROMPTLY TO THE ATTENTION OF THE GENERAL PUBLIC.
  2.  LANGUAGES.  IF  THE  PUBLIC HEALTH AUTHORITY HAS REASON TO BELIEVE
THERE ARE LARGE NUMBERS OF PEOPLE  OF  THE  STATE  WHO  LACK  SUFFICIENT
SKILLS  IN  ENGLISH  TO  UNDERSTAND  THE  INFORMATION, THE PUBLIC HEALTH
AUTHORITY SHALL MAKE REASONABLE EFFORTS TO PROVIDE  THE  INFORMATION  IN
THE PRIMARY LANGUAGES OF THOSE PEOPLE AS WELL AS IN ENGLISH.
  3.  ACCESSIBILITY.  THE  PROVISION  OF  INFORMATION SHALL BE MADE IN A
MANNER ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES.
  S 1051. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL.  DURING  AND  AFTER
THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC HEALTH
AUTHORITY SHALL PROVIDE INFORMATION ABOUT AND REFERRALS TO MENTAL HEALTH
SUPPORT  PERSONNEL  TO  ADDRESS  PSYCHOLOGICAL  RESPONSES  TO THE PUBLIC
HEALTH EMERGENCY.
                               TITLE VIII
                              MISCELLANEOUS
SECTION 1070. TITLES.
        1071. RULES AND REGULATIONS.
        1072. FINANCING AND EXPENSES.
        1073. LIABILITY.
        1074. COMPENSATION.
        1075. SEVERABILITY.
        1076. SAVING CLAUSE.
        1077. CONFLICTING LAWS.
  S 1070. TITLES. FOR THE PURPOSES OF THIS ARTICLE, THE  TITLES  OF  THE
TITLES,  SECTIONS,  SUBDIVISIONS AND PARAGRAPHS ARE INSTRUCTIVE, BUT NOT
BINDING.
  S 1071. RULES AND REGULATIONS. THE PUBLIC HEALTH AUTHORITY  AND  OTHER
AFFECTED  AGENCIES ARE AUTHORIZED TO PROMULGATE AND IMPLEMENT SUCH RULES
AND REGULATIONS AS ARE REASONABLE AND NECESSARY TO IMPLEMENT AND  EFFEC-
TUATE  THE  PROVISIONS  OF THIS ARTICLE. THE PUBLIC HEALTH AUTHORITY AND
OTHER AFFECTED AGENCIES SHALL HAVE THE POWER TO ENFORCE  THE  PROVISIONS
OF THIS ARTICLE THROUGH THE IMPOSITION OF FINES AND PENALTIES, THE ISSU-
ANCE OF ORDERS AND SUCH OTHER REMEDIES AS ARE PROVIDED BY LAW, BUT NOTH-
ING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE SPECIFIC ENFORCEMENT
POWERS ENUMERATED IN THIS ARTICLE.

A. 4698                            21

  S 1072. FINANCING AND EXPENSES. 1. TRANSFER OF FUNDS. THE GOVERNOR MAY
TRANSFER  FROM  ANY FUND AVAILABLE TO THE GOVERNOR IN THE STATE TREASURY
SUCH SUMS AS MAY BE NECESSARY DURING A STATE OF PUBLIC HEALTH EMERGENCY.
  2.  REPAYMENT.  MONIES SO TRANSFERRED SHALL BE REPAID TO THE FUND FROM
WHICH THEY WERE  TRANSFERRED  WHEN  MONIES  BECOME  AVAILABLE  FOR  THAT
PURPOSE, BY LEGISLATIVE APPROPRIATION OR OTHERWISE.
  3.  CONDITIONS.  A  TRANSFER  OF  FUNDS  BY  THE  GOVERNOR  UNDER  THE
PROVISIONS OF THIS SECTION MAY BE MADE ONLY WHEN  ONE  OR  MORE  OF  THE
FOLLOWING CONDITIONS EXIST:
  (A)  NO  APPROPRIATION OR OTHER AUTHORIZATION IS AVAILABLE TO MEET THE
PUBLIC HEALTH EMERGENCY.
  (B) AN APPROPRIATION IS INSUFFICIENT TO MEET THE PUBLIC  HEALTH  EMER-
GENCY.
  (C)  FEDERAL  MONIES  AVAILABLE  FOR  SUCH  A  PUBLIC HEALTH EMERGENCY
REQUIRE THE USE OF STATE OR OTHER PUBLIC MONIES.
  4. EXPENSES. ALL EXPENSES INCURRED BY THE  STATE  DURING  A  STATE  OF
PUBLIC HEALTH EMERGENCY SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:
  (A)  NO  EXPENSE SHALL BE INCURRED AGAINST THE MONIES AUTHORIZED UNDER
THIS SECTION, WITHOUT THE GENERAL APPROVAL OF THE GOVERNOR.
  (B) MONIES AUTHORIZED FOR A STATE OF PUBLIC HEALTH EMERGENCY IN  PRIOR
FISCAL  YEARS MAY BE USED IN SUBSEQUENT FISCAL YEARS ONLY FOR THE PUBLIC
HEALTH EMERGENCY FOR WHICH THEY WERE AUTHORIZED.
  S 1073. LIABILITY. 1. STATE IMMUNITY. NEITHER THE STATE, ITS POLITICAL
SUBDIVISIONS, NOR, EXCEPT  IN  CASES  OF  GROSS  NEGLIGENCE  OR  WILLFUL
MISCONDUCT,  THE  GOVERNOR,  THE  PUBLIC  HEALTH AUTHORITY AND ANY OTHER
STATE OR LOCAL OFFICIAL REFERENCED IN THIS ARTICLE, IS  LIABLE  FOR  THE
DEATH OF OR ANY INJURY TO PERSONS, OR DAMAGE TO PROPERTY, AS A RESULT OF
COMPLYING  WITH OR ATTEMPTING TO COMPLY WITH THIS ARTICLE OR ANY RULE OR
REGULATION PROMULGATED PURSUANT TO THIS ARTICLE DURING A STATE OF PUBLIC
HEALTH EMERGENCY.
  2. PRIVATE LIABILITY. (A) DURING A STATE OF PUBLIC  HEALTH  EMERGENCY,
ANY  PERSON  OWNING  OR  CONTROLLING REAL PROPERTY OR OTHER PREMISES WHO
VOLUNTARILY AND WITHOUT COMPENSATION GRANTS A LICENSE OR  PRIVILEGE,  OR
OTHERWISE  PERMITS  THE  DESIGNATION  OR USE OF THE WHOLE OR ANY PART OR
PARTS OF SUCH REAL PROPERTY OR PREMISES FOR THE  PURPOSE  OF  SHELTERING
PERSONS,  TOGETHER  WITH  SUCH  PERSON'S SUCCESSORS IN INTEREST, IF ANY,
SHALL NOT BE CIVILLY LIABLE FOR NEGLIGENTLY  CAUSING  THE  DEATH  OF  OR
INJURY  TO  ANY  PERSON ON OR ABOUT SUCH REAL PROPERTY OR PREMISES UNDER
SUCH LICENSE, PRIVILEGE OR OTHER PERMISSION, OR FOR NEGLIGENTLY  CAUSING
LOSS OF OR DAMAGE TO THE PROPERTY OF SUCH PERSON.
  (B)  DURING  A  STATE  OF PUBLIC HEALTH EMERGENCY, ANY PRIVATE PERSON,
FIRM OR CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH  PERSON,  FIRM
OR  CORPORATION  IN  THE  PERFORMANCE  OF  A CONTRACT WITH AND UNDER THE
DIRECTION OF THE STATE OR ITS POLITICAL SUBDIVISION UNDER THE PROVISIONS
OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING THE DEATH OF  OR
INJURY  TO ANY PERSON, OR DAMAGE TO ANY PROPERTY, EXCEPT IN THE EVENT OF
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
  (C) DURING A STATE OF PUBLIC HEALTH  EMERGENCY,  ANY  PRIVATE  PERSON,
FIRM  OR  CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM
OR CORPORATION, WHO RENDERS ASSISTANCE OR ADVICE AT THE REQUEST  OF  THE
STATE OR ITS POLITICAL SUBDIVISIONS UNDER THE PROVISIONS OF THIS ARTICLE
SHALL  NOT  BE  CIVILLY LIABLE FOR CAUSING THE DEATH OF OR INJURY TO ANY
PERSON, OR DAMAGE TO ANY PROPERTY, EXCEPT IN THE EVENT OF  GROSS  NEGLI-
GENCE OR WILLFUL MISCONDUCT.
  (D)  THE  IMMUNITIES  PROVIDED  IN THIS SECTION SHALL NOT APPLY TO ANY
PRIVATE PERSON, FIRM, OR CORPORATION, OR THE  EMPLOYEES  AND  AGENTS  OF

A. 4698                            22

SUCH  PERSON,  FIRM OR CORPORATION WHOSE ACT OR OMISSION CAUSED IN WHOLE
OR IN PART THE PUBLIC HEALTH  EMERGENCY,  AND  WHO  WOULD  OTHERWISE  BE
LIABLE THEREFOR.
  S  1074.  COMPENSATION.  1. TAKING. COMPENSATION FOR PROPERTY SHALL BE
MADE ONLY IF PRIVATE PROPERTY IS LAWFULLY TAKEN  OR  APPROPRIATED  BY  A
PUBLIC  HEALTH  AUTHORITY  FOR  ITS  TEMPORARY OR PERMANENT USE DURING A
STATE OF PUBLIC HEALTH EMERGENCY DECLARED BY THE  GOVERNOR  PURSUANT  TO
THIS ARTICLE.
  2. ACTIONS. ANY ACTION AGAINST THE STATE WITH REGARD TO THE PAYMENT OF
COMPENSATION  SHALL BE BROUGHT IN THE COURT OF CLAIMS IN ACCORDANCE WITH
THE STATE CONSTITUTION, EXISTING STATE LAW, COURT  RULES,  OR  ANY  SUCH
RULES  THAT  MAY  BE  DEVELOPED  BY THE COURTS FOR USE DURING A STATE OF
PUBLIC HEALTH EMERGENCY.
  3. AMOUNT. THE AMOUNT OF COMPENSATION SHALL BE CALCULATED IN THE  SAME
MANNER  AS  COMPENSATION  DUE  FOR  TAKING  OF  PROPERTY PURSUANT TO THE
PROVISIONS OF THE EMINENT DOMAIN PROCEDURE LAW, EXCEPT THAT  THE  AMOUNT
OF COMPENSATION CALCULATED FOR ITEMS OBTAINED UNDER SECTION ONE THOUSAND
THIRTY-FOUR  OF  THIS  ARTICLE SHALL BE LIMITED TO THE COSTS INCURRED TO
PRODUCE THE ITEM.
  S 1075. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE. IF
ANY PROVISION OF THIS ARTICLE  OR  ITS  APPLICATION  TO  ANY  PERSON  OR
CIRCUMSTANCES  IS HELD INVALID IN A FEDERAL OR STATE COURT HAVING JURIS-
DICTION, THE INVALIDITY WILL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS
OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE  INVALID  PROVISION
OR APPLICATION.
  S  1076. SAVING CLAUSE. THIS ARTICLE DOES NOT EXPLICITLY PREEMPT OTHER
LAWS OR REGULATIONS THAT PRESERVE TO A GREATER DEGREE THE POWERS OF  THE
GOVERNOR  OR  PUBLIC HEALTH AUTHORITY, PROVIDED SUCH LAWS OR REGULATIONS
ARE CONSISTENT, AND DO NOT OTHERWISE RESTRICT  OR  INTERFERE,  WITH  THE
OPERATION OR ENFORCEMENT OF THE PROVISIONS OF THIS ARTICLE.
  S  1077. CONFLICTING LAWS. 1. FEDERAL SUPREMACY. THIS ARTICLE DOES NOT
RESTRICT ANY PERSON FROM COMPLYING WITH FEDERAL LAWS OR REGULATIONS.
  2. PRIOR CONFLICTING ACTS. IN THE EVENT OF  A  CONFLICT  BETWEEN  THIS
ARTICLE  AND  ANY  OTHER PROVISION OF LAW, RULE OR REGULATION CONCERNING
PUBLIC HEALTH POWERS, THE PROVISIONS OF THIS ARTICLE APPLY.
  S 3. This act shall take effect immediately.