A. 5909 2
property as necessary for the care, treatment and housing of patients,
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 executive law is amended by adding two new sections 29-h and
29-i to read as follows:
S 29-H. PLANNING FOR A PUBLIC HEALTH EMERGENCY. 1. PUBLIC HEALTH EMER-
GENCY PLANNING COMMISSION. THE GOVERNOR, WITHIN THIRTY DAYS OF THE
EFFECTIVE DATE OF THIS SECTION, SHALL ESTABLISH THE PUBLIC HEALTH EMER-
GENCY PLANNING COMMISSION. SUCH COMMISSION SHALL CONSIST OF ELEVEN
MEMBERS AND BE COMPOSED OF: THE DIRECTOR OF THE STATE EMERGENCY MANAGE-
MENT OFFICE; THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS, OR HIS OR HER
DESIGNEE; THE COMMISSIONER OF MENTAL HEALTH; THE SUPERINTENDENT OF STATE
POLICE, OR HIS OR HER DESIGNEE; THREE PHYSICIANS WITH EXTENSIVE KNOW-
LEDGE OF THE TREATMENT, PATHOGENESIS, AND EPIDEMIOLOGY OF INFECTIOUS
DISEASES; TWO INDIVIDUALS WHO ARE LICENSED TO PRACTICE LAW IN THE STATE
OF NEW YORK; AND TWO EXPERTS IN THE STRUCTURE AND FUNCTION OF THE HEALTH
CARE SYSTEM. IN ADDITION, THE CHAIR OF THE PUBLIC HEALTH EMERGENCY PLAN-
NING COMMISSION SHALL BE THE COMMISSIONER OF HEALTH. THE MEMBERS OF THE
PUBLIC HEALTH EMERGENCY PLANNING COMMISSION SHALL RECEIVE NO COMPEN-
SATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THEIR DUTIES.
2. PUBLIC HEALTH EMERGENCY PLAN. (A) CONTENT. THE PUBLIC HEALTH EMER-
GENCY PLANNING 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 GUIDE-
LINES FOR:
A. 5909 3
(1) NOTIFYING AND COMMUNICATING WITH THE POPULATION DURING A STATE OF
PUBLIC HEALTH EMERGENCY PURSUANT TO ARTICLE TEN OF THE PUBLIC HEALTH
LAW;
(2) CENTRAL COORDINATION OF RESOURCES, MANPOWER AND SERVICES, INCLUD-
ING THE COORDINATION OF RESPONSES OF FEDERAL, STATE, MUNICIPAL AND
TRIBAL AGENCIES;
(3) 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;
(4) 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;
(5) THE METHODS OF EVACUATING POPULATIONS, AND HOUSING AND FEEDING
SUCH EVACUATED POPULATIONS;
(6) THE IDENTIFICATION AND TRAINING OF HEALTH CARE PROVIDERS TO DIAG-
NOSE AND TREAT PERSONS WITH INFECTIOUS DISEASES;
(7) THE VACCINATION OF PERSONS;
(8) 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;
(9) THE SAFE DISPOSAL OF INFECTIOUS WASTES AND HUMAN REMAINS;
(10) THE SAFE AND EFFECTIVE CONTROL OF PERSONS ISOLATED, QUARANTINED,
VACCINATED, TESTED OR TREATED DURING A STATE OF PUBLIC HEALTH EMERGENCY;
(11) TRACKING THE SOURCES AND OUTCOMES OF INFECTED PERSONS;
(12) ENSURING THAT EACH MUNICIPALITY IDENTIFIES:
(I) SITES WHERE PERSONS CAN BE ISOLATED OR QUARANTINED PURSUANT TO
ARTICLE TEN OF THE PUBLIC HEALTH LAW,
(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;
(13) CULTURAL NORMS, VALUES, RELIGIOUS PRINCIPLES AND TRADITIONS THAT
MAY BE RELEVANT; AND
(14) ANY OTHER MEASURES NECESSARY TO IMPLEMENT THE PROVISIONS OF ARTI-
CLE TEN OF THE PUBLIC HEALTH LAW.
(B) DISTRIBUTION. THE PUBLIC HEALTH EMERGENCY PLANNING 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.
(C) REVIEW. THE PUBLIC HEALTH EMERGENCY PLANNING COMMISSION SHALL
ANNUALLY REVIEW THE PUBLIC HEALTH EMERGENCY PLAN.
(D) REPORT. EVERY TWO MONTHS THE PUBLIC HEALTH EMERGENCY PLANNING
COMMISSION SHALL REPORT TO THE DISASTER PREPAREDNESS COMMISSION.
S 29-I. DECLARING STATE OF PUBLIC HEALTH EMERGENCY. 1. DECLARATION. A
STATE OF PUBLIC HEALTH EMERGENCY MAY BE DECLARED BY THE GOVERNOR UPON
THE OCCURRENCE OF A "PUBLIC HEALTH EMERGENCY" AS DEFINED IN SUBDIVISION
THIRTEEN OF SECTION ONE THOUSAND THREE OF THE PUBLIC HEALTH LAW. PRIOR
TO SUCH A DECLARATION, THE GOVERNOR SHALL CONSULT WITH THE PUBLIC HEALTH
AUTHORITY AND MAY CONSULT WITH ANY ADDITIONAL 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.
2. CONTENT OF DECLARATION. A STATE OF PUBLIC HEALTH EMERGENCY SHALL BE
DECLARED BY AN EXECUTIVE ORDER THAT SPECIFIES:
A. 5909 4
(A) THE NATURE OF THE PUBLIC HEALTH EMERGENCY;
(B) THE POLITICAL SUBDIVISIONS OR GEOGRAPHIC AREAS SUBJECT TO SUCH
DECLARATION;
(C) THE CONDITIONS THAT HAVE BROUGHT ABOUT THE PUBLIC HEALTH EMERGEN-
CY;
(D) THE DURATION OF THE STATE OF PUBLIC HEALTH EMERGENCY, IF LESS THAN
THIRTY DAYS; AND
(E) THE PRIMARY PUBLIC HEALTH AUTHORITY RESPONDING TO THE EMERGENCY.
3. 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 DECLARA-
TION 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 ARTICLE
TEN OF THE PUBLIC HEALTH LAW.
(A) EMERGENCY POWERS. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE
GOVERNOR MAY:
(1) SUSPEND, BY EXECUTIVE ORDER, THE PROVISIONS OF ANY REGULATORY
STATUTE PRESCRIBING PROCEDURES FOR CONDUCTING STATE BUSINESS, OR THE
ORDERS, RULES AND REGULATIONS 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 POPULATION. THE LEGISLATURE MAY TERMINATE BY CONCURRENT RESOLUTION,
EXECUTIVE ORDERS ISSUED UNDER THIS SUBPARAGRAPH. IN ADDITION, A SUSPEN-
SION PURSUANT TO THIS SUBPARAGRAPH SHALL BE SUBJECT TO THE FOLLOWING
STANDARDS AND LIMITATIONS:
(I) NO SUSPENSION MAY BE MADE FOR A PERIOD IN EXCESS OF THIRTY DAYS,
PROVIDED, HOWEVER, THAT UPON RECONSIDERATION OF ALL OF THE RELEVANT
FACTS AND CIRCUMSTANCES, THE GOVERNOR MAY EXTEND THE SUSPENSION FOR AN
ADDITIONAL PERIOD NOT TO EXCEED THIRTY DAYS EACH;
(II) NO SUSPENSION SHALL BE MADE WHICH DOES NOT SAFEGUARD THE HEALTH
AND WELFARE OF THE PUBLIC AND WHICH IS NOT REASONABLY NECESSARY TO THE
RESPONSE TO THE PUBLIC HEALTH EMERGENCY;
(III) ANY SUCH SUSPENSION ORDER SHALL SPECIFY THE STATUTE, LOCAL LAW,
ORDINANCE, ORDER, RULE OR REGULATION OR PART THEREOF TO BE SUSPENDED AND
THE TERMS AND CONDITIONS OF THE SUSPENSION;
(IV) THE ORDER MAY PROVIDE FOR SUCH SUSPENSION ONLY UNDER PARTICULAR
CIRCUMSTANCES, AND MAY PROVIDE FOR THE ALTERATION OR MODIFICATION OF THE
REQUIREMENTS OF SUCH STATUTE, LOCAL LAW, ORDINANCE, ORDER, RULE OR REGU-
LATION SUSPENDED, AND MAY INCLUDE OTHER TERMS AND CONDITIONS;
(V) ANY SUCH SUSPENSION ORDER SHALL PROVIDE FOR THE MINIMUM DEVIATION
FROM THE REQUIREMENTS OF THE STATUTE, LOCAL LAW, ORDINANCE ORDER, RULE
OR REGULATION SUSPENDED CONSISTENT WITH THE DISASTER ACTION DEEMED
NECESSARY;
(VI) WHEN PRACTICABLE, SPECIALISTS SHALL BE ASSIGNED TO ASSIST WITH
THE RELATED EMERGENCY ACTIONS TO AVOID NEEDLESS ADVERSE EFFECTS RESULT-
ING FROM SUCH SUSPENSION; AND
(VII) SUCH SUSPENSIONS SHALL BE EFFECTIVE FROM THE TIME AND IN THE
MANNER PRESCRIBED IN SUCH ORDERS AND SHALL BE PUBLISHED AS SOON AS PRAC-
TICABLE IN THE STATE BULLETIN;
(2) UTILIZE ALL AVAILABLE RESOURCES OF THE STATE AND ITS POLITICAL
SUBDIVISIONS AS REASONABLY NECESSARY TO RESPOND TO THE PUBLIC HEALTH
EMERGENCY;
A. 5909 5
(3) 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;
(4) 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;
(5) PROVIDE AID TO AND SEEK AID FROM OTHER STATES IN ACCORDANCE WITH
ANY INTERSTATE EMERGENCY COMPACT MADE WITH THIS STATE; AND
(6) SEEK AID FROM THE FEDERAL GOVERNMENT IN ACCORDANCE WITH FEDERAL
PROGRAMS OR REQUIREMENTS.
(B) COORDINATION. THE PUBLIC HEALTH AUTHORITY SHALL COORDINATE ALL
MATTERS PERTAINING TO THE PUBLIC HEALTH EMERGENCY RESPONSE OF THE STATE.
THE PUBLIC HEALTH AUTHORITY SHALL HAVE PRIMARY JURISDICTION, RESPONSI-
BILITY, AND AUTHORITY FOR:
(1) PLANNING AND EXECUTING PUBLIC HEALTH EMERGENCY ASSESSMENT, MITI-
GATION, PREPAREDNESS RESPONSE AND RECOVERY FOR THE STATE;
(2) COORDINATING PUBLIC HEALTH EMERGENCY RESPONSE BETWEEN STATE AND
MUNICIPAL AUTHORITIES;
(3) COLLABORATING WITH RELEVANT FEDERAL GOVERNMENT AUTHORITIES,
ELECTED OFFICIALS OF OTHER STATES, PRIVATE ORGANIZATIONS OR COMPANIES;
(4) COORDINATING RECOVERY OPERATIONS AND MITIGATION INITIATIVES SUBSE-
QUENT TO THE PUBLIC HEALTH EMERGENCY; AND
(5) ORGANIZING PUBLIC INFORMATION ACTIVITIES REGARDING STATE PUBLIC
HEALTH EMERGENCY RESPONSE OPERATIONS.
(C) 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.
4. ENFORCEMENT. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC
HEALTH AUTHORITY MAY REQUEST ASSISTANCE IN ENFORCING ORDERS PURSUANT TO
ARTICLE TEN OF THE PUBLIC HEALTH LAW 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.
5. TERMINATION OF DECLARATION. (A) EXECUTIVE ORDER. THE GOVERNOR SHALL
TERMINATE THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY BY EXEC-
UTIVE 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.
(B) AUTOMATIC TERMINATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY SHALL BE TERMI-
NATED AUTOMATICALLY AFTER THIRTY DAYS UNLESS RENEWED BY THE GOVERNOR
UNDER THE SAME STANDARDS AND PROCEDURES SET FORTH IN THIS SECTION. ANY
SUCH RENEWAL SHALL ALSO BE TERMINATED AUTOMATICALLY AFTER THIRTY DAYS
UNLESS RENEWED BY THE GOVERNOR UNDER THE SAME STANDARDS AND PROCEDURES
SET FORTH IN THIS SECTION.
(C) 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
A. 5909 6
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.
(D) 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.
S 3. 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. SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY;
MANAGEMENT OF PROPERTY (SS 1010-1016).
III. SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY;
PROTECTION OF PERSONS (SS 1020-1027).
IV. PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCIES (SS
1030-1031).
V. MISCELLANEOUS (SS 1040-1047).
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".
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:
A. 5909 7
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
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 TREATMENTS
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.
A. 5909 8
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
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 IS BELIEVED TO BE CAUSED BY BIOTER-
RORISM, AND POSES A HIGH PROBABILITY OF ANY OF THE FOLLOWING HARMS:
(A) A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION,
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(B) A LARGE NUMBER OF SERIOUS OR LONG TERM DISABILITIES IN THE
AFFECTED POPULATION, OR
(C) 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.
TITLE II
SPECIAL POWERS DURING STATE OF PUBLIC
HEALTH EMERGENCY; MANAGEMENT OF PROPERTY
SECTION 1010. EMERGENCY MEASURES CONCERNING FACILITIES AND MATERIALS.
1011. ACCESS TO AND CONTROL OF FACILITIES AND PROPERTY; GENERAL-
LY.
1012. SAFE DISPOSAL OF INFECTIOUS WASTE.
1013. SAFE DISPOSAL OF HUMAN REMAINS.
1014. CONTROL OF HEALTH CARE SUPPLIES.
1015. COMPENSATION.
1016. DESTRUCTION OF PROPERTY.
S 1010. 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 1011. 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;
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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 1012. SAFE DISPOSAL OF INFECTIOUS WASTE. THE PUBLIC HEALTH AUTHORITY
MAY EXERCISE, FOR SUCH PERIOD AS THE STATE OF PUBLIC HEALTH EMERGENCY,
THE FOLLOWING POWERS REGARDING THE SAFE DISPOSAL OF INFECTIOUS WASTE:
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 1013. 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:
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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
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 1014. 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
A. 5909 12
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 1015. 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 FORTY-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 TWENTY OF THIS ARTICLE.
S 1016. 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 III
SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY; PROTECTION OF
PERSONS
SECTION 1020. PROTECTION OF PERSONS.
1021. MEDICAL EXAMINATIONS AND TESTING.
1022. VACCINATION AND TREATMENT.
1023. ISOLATION AND QUARANTINE.
1024. PROCEDURES FOR ISOLATION AND QUARANTINE.
1025. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS.
1026. ACCESS AND DISCLOSURE OF PROTECTED HEALTH INFORMATION.
1027. LICENSING AND APPOINTMENT OF HEALTH PERSONNEL.
S 1020. 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 1021. 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.
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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 TWENTY-THREE OF THIS TITLE, ANY PERSON WHOSE
REFUSAL OF MEDICAL EXAMINATION OR TESTING RESULTS IN UNCERTAINTY REGARD-
ING WHETHER SUCH PERSON HAS BEEN EXPOSED TO OR IS INFECTED WITH A CONTA-
GIOUS OR POSSIBLY CONTAGIOUS DISEASE, OR OTHERWISE POSES A DANGER TO
PUBLIC HEALTH.
S 1022. 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) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE
THE PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE, PURSUANT TO
SECTION ONE THOUSAND TWENTY-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) 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 TWENTY-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 1023. 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 TWENTY-ONE AND ONE THOUSAND TWENTY-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;
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(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.
(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 1024. 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.
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(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 TWENTY-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
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-
A. 5909 16
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 A 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
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 IS 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 A GROUP OF 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 1025. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS. THE
PUBLIC HEALTH AUTHORITY MAY, FOR SUCH PERIOD AS THE STATE OF PUBLIC
A. 5909 17
HEALTH EMERGENCY EXISTS, COLLECT SPECIMENS AND PERFORM TESTS ON LIVING
PERSONS PURSUANT TO SECTION ONE THOUSAND TWENTY-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 1026. 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) 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 1027. 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, TREATMENT, EXAMINATION AND
TREATMENT OF ANY PERSON AS A CONDITION OF CONTINUED LICENSURE AUTHORI-
ZATION, 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. 5909 18
(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
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 IV
PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCIES
SECTION 1030. DISSEMINATION OF INFORMATION.
1031. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL.
S 1030. 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 1031. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL. DURING AND AFTER
THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC HEALTH
A. 5909 19
AUTHORITY SHALL PROVIDE INFORMATION ABOUT AND REFERRALS TO MENTAL HEALTH
SUPPORT PERSONNEL TO ADDRESS PSYCHOLOGICAL RESPONSES TO THE PUBLIC
HEALTH EMERGENCY.
TITLE V
MISCELLANEOUS
SECTION 1040. TITLES.
1041. RULES AND REGULATIONS.
1042. FINANCING AND EXPENSES.
1043. LIABILITY.
1044. COMPENSATION.
1045. SEVERABILITY.
1046. SAVING CLAUSE.
1047. CONFLICTING LAWS.
S 1040. TITLES. FOR THE PURPOSES OF THIS ARTICLE, THE TITLES OF THE
TITLES, SECTIONS, SUBDIVISIONS AND PARAGRAPHS ARE INSTRUCTIVE, BUT NOT
BINDING.
S 1041. 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.
S 1042. 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 1043. 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.
A. 5909 20
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
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 1044. 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
FOURTEEN OF THIS ARTICLE SHALL BE LIMITED TO THE COSTS INCURRED TO
PRODUCE THE ITEM.
S 1045. 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 1046. 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.
A. 5909 21
S 1047. 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 4. This act shall take effect immediately.