Overview: Public Health Preparedness

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Health Policy Tracking Service

State: Snapshot

Title: Overview: Public Health Preparedness

Date: 08/12/2002

In This Overview:

Secure Virginia Initiative, Progress Report

The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) Releases New Emergency Privileging Hospital Standard
State Legislative Activity 2002

STATES IN SESSION

As of August 12, 8 states and the District of Columbia are in regular session. These states are California, Massachusetts, Michigan, New Jersey, New York, North Carolina, Ohio and Pennsylvania. Nebraska and Montana are in special session.

STATES NOT CURRENTLY IN SESSION

Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

STATES NOT HOLDING A 2002 SESSION

Arkansas, Montana, Nevada, North Dakota, Oregon and Texas.

Secure Virginia Initiative, Progress Report

The Secure Virginia Initiative, established by Executive Order 7 issued by Governor Mark Warner (D), was created to improve the Commonwealth's preparedness, response and recovery capabilities for response to emergencies of all kinds. The first report of the initiatives' efforts was released on July 30, 2002 which included input from approximately 250 professionals representing emergency management, fire fighters, emergency medical services, law enforcement, financial services, health care, technology, transportation, utility and agriculture fields. The report provided the governor with recommendations addressing background checks, emergency alert system enhancement, communication during an emergency, technology improvements, and health and medical improvements.

The health and medical improvement sub-panel considered recommendations and outstanding issues from former Governor Gilmore's (R) Virginia Preparedness Security Panel as well as state consequence planning and legal issues surrounding terrorism preparedness. A key focus for the sub-panel addressed provider critical incident stress debriefing and crisis counseling services in the aftermath of a terrorist attack. The sub-panel has requested that the Secretary of Health and Human Resources direct the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Health to analyze the state's capacity to provide these services, and to report to the sub-panel on any gaps or shortfalls in this capacity.

Actions that the sub-panel recommended that have been initiates include:

1. The governor has requested that the attorney general provide an opinion concerning whether the state has sufficient legal authority to respond to a public health emergency in the following ways;

suspension of health professional licensure requirements (including those for out-of state and retired health care professionals),

enforcement of quarantine, and

public acquisition of private resources, including medical personnel and supplies, for emergency response.

2. The governor has advised the Secretary of Health and Human Resources to establish a task force to study certain issues concerning medical malpractice, as it relates to bioterrorism response and preparedness. The following issues should be studied:

How will medical malpractice insurance coverage be provided to physicians who abandon their practice setting to respond to an emergency at another location and is unavailable to their existing patients?

How will medical malpractice insurance coverage be provided to physicians who are unable to comply with adopted clinical practice standards due to circumstance beyond their control?

To what extent does Virginia's "Good Samaritan" statute provide liability protection to health care practitioners who provide services in response to a public health emergency?

The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) Releases New Emergency Privileging Hospital Standard

JCAHO released new hospital standard in July that provides for the privileging of volunteer Licensed Independent Practitioners (LIPs) during emergencies. Standard MS.5.14.4.1 states: "In circumstances of disaster(s), in which the emergency management plan has been activated, the chief executive officer or medical staff president or their designee(s) may grant emergency privileges." While the use of volunteers is not mandated, the standard provides a means for hospitals to use volunteers in emergencies.

The standard outlines acceptable sources of identification of volunteer LIPs, including a current license to practice, a current picture hospital I.D. accompanied by the LIP's license number, or verification of the volunteer practitioner's identity by a current hospital or medical staff member. The standard is effective immediately pending approval by the Board of Commissioners.

This standard was created following JCAHO's debriefing of health care personnel involved in last year's Houston, Texas, flood and in response to the terrorist attacks in New York City and Washington, D.C. These personnel identified a specific need for rapid access to clinicians to assist in meeting patient care demands in emergencies.

For more information, contact Bob Wise, rawise@jcaho.org or 630-792-5890

Source: http://www.jcaho.org/about+us/news+letters/jcahonline/jo_07_02.htm

State Legislative Activity 2002

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State

Bills Introduced in 2002

Provisions in the Act Address

Status

H 1

Control of pharmaceutical shortages.

Introduced 1-8-2002

S 1400

Issuance of an Enhanced Surveillance Advisory
Patient Tracking
Laboratory Testing Requirements
Isolation and Quarantine Requirements
Due Process of Isolation and Quarantine
Public Health Authority Jurisdiction

Rereferred to House Committee 4/3/2002

H 2044

Quarantine and Sanitary Measures to Prevent Contagion
Enhanced Surveillance Advisories and Public Health Emergencies
Increased Reporting during Enhanced Surveillance Advisory
Patient Tracking during Enhanced Surveillance Advisory
Laboratory Testing during Enhanced Surveillance Advisory
Public Health Authority during State of Emergency or State of War
Mandated treatment or vaccination
Isolation and Quarantine during State of Emergency or State of War
Due Process for Isolation and Quarantine during State of Emergency or State of War

Enacted 5/23/2002

AB 1763

"Emergency Health Powers Act"

Disease Surveillance
Reporting Requirements
Information Dissemination
Control of Facilities
Treatment of Persons
Isolation and Quarantine
Collection of Specimens and Laboratory Testing

In Assembly Committee on Appropriations: Heard, remains in committee 5/22/2002

SB 1298

This bill would declare the intent of the Legislature to identify federal and state funds that shall be used for purposes of building the capacities of local health departments to respond to and prepare for public health emergencies.

Passed Senate 5/20/2002

SB 1260

This bill would require the Children's Environmental Health Center within the Environmental Protection Agency to collect information on how to prepare for a biological or chemical terrorist attack and to take preparatory steps to ensure that children receive health care tailored to their unique health needs in the event of such an attack. It also requires the center to disseminate the collected information to health providers, including hospitals, hospital pediatric units, schools, and others.

Passed Senate 5/28/2002

AB 1921

Requires health practitioners to either participate in an annual statewide hospital disaster exercise or take a continuing education course relating to disaster management.

Introduced 2/8/2002

S185

Empowers a Chief Medical Health Officer to conduct screening programs of populations who are at increased risk of developing tuberculosis or having latent tuberculosis infection, as defined by the Centers for Disease Control and Prevention (CDC), and offer treatment as appropriate. The screening programs will not be implemented without the approval of the State Chief Medical Health Officer. Also empowers the Chief Medical Health Officer to issue a quarantine or isolation order to the patient with multidrug-resistant tuberculosis if the patient has ceased taking prescribed medications against medical advice.

Enacted 6/7/2002

H 5286

Control of Human Remains
Defines the Term Public Health Emergency
State Department Collaboration Directives
Confinement of Persons
Vaccination of Persons

Passed House to Senate 5/3/2002

S 359

Allows the Department of Public Health to procure and maintain a stockpile of supplies of potassium iodide tablets for use in the emergency planning surrounding the Millstone 3 nuclear power generating facility zone established by the Nuclear Regulatory Commission.

Enrolled Special Act No. 02-06

H 5424

Provides that on or before January 1, 2003, the Secretary of the Office of Policy and Management is required to report to the General Assembly, concerning planning and activities for children and youth as part of homeland preparedness and emergency response planning to terrorism. The report must include provisions which address:

(1) the discrete health needs of children for purposes of bio-terrorism preparedness,

(2) public education and communications for families on public safety issues relating to terrorism,

(3) training in safety and security measures and multi-hazard response plans for child care workers, school personnel and personnel in before and after school programs,

(4) coordination of school health and mental health strategies, and

(5) opportunities for youth to engage in community service, civic activities and programs that provide cultural diversity experiences.

Signed by Governor 6/3/2002

H 377

"Delaware Emergency Health Powers Act"

Duties of Health Care Providers to Report Medical Conditions
Reports of Prescription-Related Events
Reporting Requirements for Veterinarians
Disease Surveillance Requirements
Quarantine and Isolation
Protection of Personal Health Information
Authority to Control Pharmaceutical Agents and Medical Supplies
Vaccination and Treatment of Individuals
Authority to Obtain and Control Laboratory Specimens
Licensing of Health Personnel
Public Health Emergency Plan

Enacted 7/3/2002

H 1579

Declaration of Public Health Emergency
Control of Prescriptive Drugs
Control of Licensed Health Professionals
Examination and Treatment of Persons
Quarantine Authority
Public Health Emergency Volunteer Staff

Died in Committee 3/22/2002

S 1264

Revises the rule making authority of the Department of Health to impose a quarantine. Addresses the declaration of a public health emergency.

Died on calendar 3/22/2002

H 507

Authority to direct state employed pharmacist compound bulk prescription drugs for treatment or prophylaxis.
Health care provider education requirements for treatment of conditions caused by NBC agents.
Practitioner registry.
Conditions for professional licensure renewal.

Died in messages 3/22/2002

S 1262

Issuance of a Public Health Advisory and grants the State Health Officer the authority to:

Direct Pharmaceutical Agent Distribution
Reactivate Health Professional Licensure in and Emergency
Order Compulsory Vaccination, Examination and Treatment

Chaptered 5/23/2002

H 27 e

Funds for Bioterrorism Research

From non-recurring Operations and Maintenance Trust Funds in Specific Appropriation 547, $1,000,000 is provided to the Institute for Infectious Disease at the University of South Florida. These funds will be used with federal funds for bioterrorism research to develop infectious disease public policy and provide first-response training and education for biological defense.

Line-Item Vetoed by The Governor 6/5/2002

S 385

Reporting Requirements
Disease Surveillance
Compulsory Vaccination
Isolation and Segregation
Reporting and Identification of Deceased Persons
Coordination of Public Health Emergency

Enacted 5/16/2002

H 2795

S 3053

Establishes a public health nursing branch program to be administered by the department of health and to mobilize the department's nursing resources and respond to catastrophic and traumatic emergency events, including natural disasters (for example, tsunami, hurricane, flooding) and biologic outbreak or exposure.

Additionally referred to House Committee on Labor and Public Employment 01/30/2002

Vetoed by Governor 6/2/2002

S 2779

H 2521

Grants authority to DOH to establish public-private sector health care workforce collaborative agreements.

Authorizes the Public Health Authority to:

Enter into public-sector private-sector collaborative agreements for provision of epidemic care.

Passed Senate 3/5/2002

Enacted 6/18/2002

H 3809

S 1529

"Emergency Health Powers Act"

Planning for a Public Health Emergency
Measures to Detect and Track Public Health Emergencies
Declaring State of Public Health Emergency
Special Powers During State of Public Health Emergency: Management of Property
Safe Disposal of Infectious Waste and Human Remains

Rereferred to House Committee on Rules 4/5/2002

To Senate Committee on Rules 11/13/2001

Control of Health Supplies
Special Powers during a State of Public Health Emergency; Protection of Persons
Collection of Laboratory Specimens
Disclosure of Protected Health Information
Powers Regarding Licensing and Appointment of Health Personnel
Public Information Regarding Public Health Emergencies

S 1717

Amends existing law by requiring the Director of Public Health to appoint a person with expertise in bioterrorism issues to the Immunization Advisory Committee. The function of the committee is to advise the director on immunization issues.

Enacted 6/24/2002

S 2207

Requires that the Department of Public Health conduct 3 public hearings, geographically distributed throughout the State, before any regulation or any amendment to a regulation is adopted if it pertains to a new vaccine requirement or makes substantial changes in the language of the religious or medical objection exemptions to immunization.

Rereferred to Senate Committee on Rules 3/08/2002

EO 10

An executive order that establishes the Kansas Bioterrorism Coordinating Council and the Kansas Hospital Preparedness Planning Committee.

Introduced 3/29/2002

H 370

"Model State Emergency Health Powers Act"

Public Health Emergency Planning Commission
Measures to Detect and Track Public Health Emergencies
Sharing of Information
Declaring a State of Public Health Emergency
Public Health Personnel Identification
Special Powers During a State of Public Health Emergency: Management of Property

To House Committee on State Government 1/17/2002

Special Powers During a State of Public Health Emergency: Protection of Persons
Access to Protected Health Information
Authority over Health Professionals
Public Information Regarding Public Health Emergency
Information Dissemination

H 88

Powers of the Division of Emergency Management.
Assessment of Public Health Preparedness
Departmental Collaboration

Recommitted to Senate Committee on Appropriations and Revenue 4/2/2002

H 108

Kentucky Core Public Health Act

Authorizes the Department for Public Health to develop and operate all programs for assessing the health status of the population, for the promotion of health, and for the prevention of disease, injury, disability, and premature death.

Passed House 2/5/2002

H 91a

Immunization Registry

Adds new language to existing law that provides that the general consent for treatment and release of information to other providers or to the office of public health will be considered parental consent for sharing historical, current, and future immunization information.

Provides that in the event of a public health emergency as declared by the State Health Officer, including a natural disaster, bioterrorist attack, epidemic, or other event affecting the public health, the requirement to obtain consent for placement on a registry will be waived for mass immunizations performed in response to the declaration

Enacted 4/18/2002

H5300

Establishes a Public Health Emergency Planning Council and a Public Health Emergency Planning Advisory Committee.
Outlines the elements required for the public health emergency plan.

Line Item Vetoed by Governor 7/29/2002

S 519

Health Facility Decontamination Capability

To Senate Committee on Finance 2/01/2002

H 296

Catastrophic Health Emergencies

Declaration and Response
Disease Surveillance Program
Health Care Facilities Contingency Plans
Health Care Provider Reporting Requirements
Investigation and Response
Department Collaboration Directives

Vetoed by Governor-Duplicative 5/15/2002

H 303

Provides authority to the Secretary of Health to adopt rules and regulations necessary to prevent the introduction and spread of infectious or contagious disease in the state. Also requires the Secretary to investigate all suspected cases as deemed appropriate and take action as required.

Enacted 4/9/2002

S 234

Governor's Emergency Powers: Catastrophic Health Emergency.

Enacted 4/9/2002

H 361

Biological Agents Registry Program.

Enacted 5/6/2002

H 1656

Establishes procedures for:

Disposition of Human Remains
Declaration of a Public Health Emergency

Establishes emergency health powers allowing the department to have immediate access to any health information from a medical provider related to a notifiable disease or a communicable disease not subject to departmental reporting requirements and that the department has determined a health risk, take any person into temporary custody and order specific emergency care, vaccination, treatment or evaluation of that person.

Enacted-Public Law 4/11/2002

S 287

Requires the Department of Community Health to provide to the chairpersons of the Senate and House of Representatives Appropriations Subcommittees on Community Health and to the Senate and House Fiscal Agencies, as soon as possible, all of the following:

Semiannual progress reports on the Michigan public health preparedness and response to bioterrorism initiative, including a detailed budget narrative.

Copies of the needs assessment and implementation plan for the Michigan hospital preparedness plan upon completion by the department of community health, including a detailed budget narrative.

Passed Senate 5/14/2002

H 2619

"State Emergency Health Powers Act"

Reporting Qualifying Illnesses and Health Conditions
Identification and Disease Surveillance
Information Sharing
Standards for Declaration of State of Public Health Emergency
Identification of Public Health Personnel
Control of Facilities and Property
Powers regarding Disposal of Infectious Waste and Human Remains
Control of Health Facilities
Control of Persons During a Public Health Emergency
Quarantine Authority
Required Vaccination and Treatment
Collection of Laboratory Specimens; Performance of Tests
Access and Disclosure of Patient Health Information
Designation, Licensing and Appointment of Health Personnel
Liability Exemptions
Dissemination of Information Regarding Public Health Emergency
Access to Mental Health Personnel
Planning for Public Health Emergency

To House Committee on Health and Human Services Policy 1/29/2002

H 3031

"Minnesota Emergency Health Powers Act",

Disposition of Human Remains
Isolation and Quarantine
Study of Emergency Health Powers Issues

Enacted 5/22/2002

S 2669

"Minnesota Emergency Health Powers Act", contains similar provisions as in House Bill 2619.

Indefinitely Postponed 3/26/2002 see H 3031

S 2683

Provides that the Commissioner of Public Safety may award grants to state agencies and local and tribal units of government for costs, including reimbursement of costs, related to emergency preparedness training for:

law enforcement,
fire,
ambulance,
medical personnel, and
agencies.

From Senate Committee on Finance: Do pass as amended. 03/21/2002

H 2622

H 2846

H 2619

H 2848

H2778

The Minnesota Anti-Terrorism Act of 2002

Biologic Agent Registry

To Conference Committee 3/22/2002

Rereferred to House Committee on Crime Prevention 2/11/2002

S 712

"Missouri State Emergency Health Powers Act"

Established the Joint Commission on Terrorism, Bioterrorism and Homeland Security
Professional Licensure in a State of Public Health Emergency

Enacted 7/01/2002

S 1000

Reporting Requirements
Out-of-State Laboratories
Penalties for Violations of Law
Mental Health Support

To Senate Committee on Public Health and Welfare 1/28/2002

S 983

H 1947

Establishes a joint committee of the general assembly to be known as the "Joint Committee on Terrorism, Bioterrorism, and Homeland Security".

Requires registration of biological agents with the Department of Health and Senior Services by January 1, 2003

Introduced 1/21/2002

From House Committee on Children, Families and Health: Voted do pass as substituted 04/18/2002

S 714

Guidelines for temporary health professional licensure during a state of emergency.

Enacted 7/2/2002

S 2737

Release of Medical Information
Reporting Requirements
Penalties for Violation of Law
Special Public Health Emergency Powers
Prescription-related Events

Died in Committee 3/5/2002

S 1166

H 1508

Authority of the State Health Director to:

require examinations
test real or personal property for the presence of NBC agents
order evacuation

Biological Agent Registry
Planning Authority
Quarantine Authority
Access to Health Information
Confidentiality of Records

Introduced 6/4/2002

Passed House-to Senate 7/30/2002

L 1224

"Emergency Health Powers Act"

Homeland Security Policy Commission
Public Health Emergency Plan
Disease Surveillance
Information Sharing
Declaration of a State of Emergency
Public Health Authority Powers
Public Health Personnel Identification
Public Notification

Indefinitely Postponed 4/19/2002

H 1478

Public Health Emergency Preparation and Response Act

Investigation and Examination Authority and Requirements
Isolation and Quarantine Procedures
Authority to Access and Disclosure to Patient Records
Authority to Dispose of Human Remains
Authority to Control Pharmaceutical Agents
Reporting Requirements
Authority to Control Facilities

Enacted 5/17/2002

A 1773

Public Health Emergency Planning Commission
Public Health Emergency Response Plan

To Assembly Committee on Health and Human Services 2/11/2002

A 4060

"Public health Preparedness Act"

Appointment of Lead Local Health Agency

To Assembly Committee on Appropriations 12/20/2002

S 1042

Establishes the Public Health Emergency Planning Commission in the Department of Health and Senior Services requires the development of a public health emergency response plan.

To Senate Committee on Health, Human Services and Senior Citizens 2/21/2002

A 1886

This bill requires the Commissioner of Health and Senior Services to conduct a study of the feasibility of establishing a State pharmaceutical stockpile in preparation for a public health emergency resulting from an act of bioterrorism or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin, or widespread exposure to an infectious or toxic agent, which poses a significant risk of substantial harm to a large number of people in this State.

To Assembly Committee on Health and Human Services 2/21/2002

A 1955

Public Health Protection Services - Appropriates $27,242,400 for expansion of bioterrorism response capabilities.

Enacted 4/24/2002

A 2188

This bill provides that during a public health emergency, the Commissioner of Health and Senior Services will be authorized to take actions as the commissioner determines necessary to ensure an adequate supply of medicines and other pharmaceutical supplies at acute care hospitals and nursing homes throughout the State. The bill would permit the commissioner to direct the reallocation of supplies among acute care hospitals and nursing homes as the commissioner determines necessary to provide for the most effective and efficient means of protecting the public health.

Passed Assembly 05/20/2002

A 1968

S 1225

Requires registration of biologic agents with the Department of Health and Senior Services.

To Assembly Committee on Homeland Security and State Preparedness 3/04/2002

To Senate Committee on Health, Human Services and Senior Citizens 2/28/2002

S 1615

Powers to Control Pharmaceuticals during a Public Health Emergency.

Introduced 6/6/2002

H 195

Reporting of Contagious Diseases

Detention of Infected Persons

Enacted 3/5/2002

A 9508

"State Emergency Health Powers Act"

Reporting
Information Sharing
Tracking
Declaration of Emergency
Coordination
Identification of Public Health Personnel
Access to and Control of Facilities and Property
Safe Disposal of Infectious Waste and Human Remains
Control of Health Supplies
Control of Individuals
Mandatory Medical Examinations
Isolation and Quarantine
Vaccination and Treatment
Collection of Laboratory Specimens
Access and Disclosure of Patient Records
Licensing and Appointment of Department Personnel
Information Dissemination
Planning for Public Health Emergency

Amended in Assembly Committee on Health 3/5/2002

S 5841

"State Emergency Health Powers Act" contains similar provisions as in A 9508.

Amended in Senate Committee on Health 3/4/2002

S 1659

Establishes the Oklahoma Public Health Emergency Planning Task Force.

Passed House 4/9/2002

H 2765

"Catastrophic Emergency Health Powers Act"

Requires Establishment of Public Health Emergency Planning Commission
Requires Development of a State Plan
Requirements for Reporting of Diseases
Disease Investigation Directives

Enacting clause restored 5/17/2002

Conference Committee report adopted by House 5/21/2002

H 2764

Provides the Public Health Authority the Power to:

Control Facilities
Coordinate Response Activities
Planning and Execution of Response
Control Disposal of Infectious Waste and Human Remains
Control of Persons with Treatment or Isolation and Quarantine
Control Licensing and Appointment of Health Personnel

Passed House 3/6/2002

H 2261

Reporting Requirements
Tracking
Information Sharing
Standards for Declaration of a Public Health Emergency
Coordination
Identification of Public Health Personnel
Special Emergency Powers
Isolation and Quarantine
Vaccination and Treatment
Collection of Laboratory Specimens
Access and Disclosure of Patient Records
Licensing and Appointment of Health Personnel
Access to Mental Health Support Personnel
Public Health Emergency Planning Commission

To House Committee on Veterans Affairs and Emergency Preparedness 1/02/2002

S 313

Provides a new list of communicable diseases that must be reported.

To Senate Committee on Public Health and Welfare. 02/06/2001

H 2371

Authority Granted to County Departments of Health inclusive of:

Public Health Emergency Response
Public Health Monitoring
Public Health Assessment
Outlines Grants to County Departments of Health

Introduced 2/12/2002

S 1338

Emergency Health Powers Procedures
Measures to Detect and Track Potential and Existing Threats
Declaration of a State of Emergency
Control of Property and Supplies
Control of Persons
Public Information Dissemination Requirements
Planning Directives

Introduced 3/11/2002

H 2319

Establishes a toll-free telephone hotline that is accessible 24 hours per day and seven days per week for Pennsylvania residents to obtain information about emergencies and safety issues that will include notices related to the Department of Health, weather-related information, state emergency information and reported terrorism and bioterrorism alerts and instructions. The agency will also provide for a system in which callers may offer feedback on State emergency observations.

To House Committee on Veterans Affairs and Emergency Preparedness 1/30/2002

H 2394

Requires the Department of Health to establish Public State Health Centers in the county seats of each county in the Commonwealth to ensure that residents may receive basic health care services provided by those state health centers in effect as of July 1, 1995, including immunizations, sexually transmitted disease testing and counseling, tuberculosis screening, and other services for the prevention and suppression of disease and to assist local public officials in providing information and coordinating the response and services regarding incidents or concerns with bioterrorism.

To House Committee on Health and Human Services 3/8/ 2002

EO7

Mark S. Schweiker, Governor of the Commonwealth of Pennsylvania directs that all state agencies implement emergency preparedness plans for their internal operations. Requires that the plans include actions that each agency will take to ensure continuity of their essential operations in the event of a short or long term emergency. The plans must be consistent with agency responsibilities outlined in the Commonwealth of Pennsylvania Emergency Operations Plan maintained by the Pennsylvania Emergency Management Agency.

Introduced 3/22/2002

H 7563

" Rhode Island Emergency Health Powers Act"

Reporting
Tracking
Privacy
Declaration of Public Health Emergency
Local Authority
Use of Products
Medical Examinations
Isolation and Quarantine
Vaccination and Treatment
Collection of Specimens
Access and Disclosure of Patient Records
Licensing and Appointment of Health Personnel
Information Dissemination
Public Health Emergency Planning

To House Committee on Finance 2/05/2002

S 2865

This act would establish the state emergency health powers act. This act would provide the department of health with certain emergency powers in the event of a health emergency, including but not limited to an act of bioterrorism.

Vetoed by Governor 6/26/2002

H 6981

Provides that the Director must develop and adopt by rule and regulation a plan to protect the public health during a vaccine shortage

Signed by Governor 6/25/2002

H 7357

Isolation and Quarantine
Bioterrorism Reporting Act
Authority to order Vaccination and Treatment
Collection of Laboratory Specimens
Emergency Management Advisory Council

Vetoed by Governor 6/26/2002

H 4416

"South Carolina Homeland Security Act and the Emergency Health Powers Act"

Information sharing between state authorities
Access to medical records
Assistance from peace and health officers
Duties of the Board of Health and Environmental Control as to communicable or epidemic diseases: quarantine authority
Powers to control property
Authority to manage the disposal of human remains
Power to control pharmaceutical agents and medical supplies
Powers for the control of persons including:

1. vaccination and treatment

2. isolation and quarantine

3. authority to obtain and control laboratory specimens

4. access to protected health information

Health provider license authority
Reporting of contagious and infectious disease
Powers in infectious waste management
Reporting of animal diseases
First Responders Advisory Committee

Enacted 7/02/2002

H 1304

H 1303

Declaration of a Public Health Emergency
Authority and Responsibility
County Boards of Health
Handling of Human Remains

Revises the authority of the Governor to handle an event of a disaster, war or act of terrorism, adding;

Control of Pharmaceuticals and Medical Supplies
Control of Out-of-State Health Care Providers
Control of Human Remains

Enacted 2/22/2002

Enacted 2/27/2002

S 2392

"Tennessee Emergency Health Powers Act"

Establishes the Public Health Emergency Advisory Committee
Establishes the Hospital Bio-preparedness Planning Committee

Enacted 5/22/2002

H 2271

" Tennessee Emergency Health Powers Act", contains similar provisions as in S 2392.

Substituted on House floor by S2392 4/10/2002

H 2473

Requires the Division of Laboratories to maintain three Level III laboratories, one in each division of the state. Each laboratory must be capable of analyzing various biological agents, including but not limited to bacillus anthracis (anthrax), that could potentially be used in a terrorist attack, as well as performing other duties to assist the Department and Health Professionals in protecting the public health.

In House Committee on Health and Human Resources: Rereferred to Subcommittee on Health 3/27/2002

H 231

"Detection of Public Health Emergency Act"

Reporting Requirements
Investigation of Suspected Bio-terrorism or Disease
Information Sharing

Enacted 3/18/2002

H 146

H 664

Requires registry of microbes and pathogens with the Department of Health.

List of Reportable Diseases
Reports by Physicians and Laboratory Directors
Immunity from Liability
Surveillance and Investigation
Emergency Rules and Regulations

Enacted 3/4/2002

Enacted 4/17/2002

S 298

Reporting Illnesses Associated with Bioterrorism

Signed by Governor 6/12/2002

H 2854

Designates the Department of Health and Human Services as the coordinator of the State Bioterrorism Preparedness and Response Program. Requires the department to prepare a plan for improving current preparedness and response for a bioterrorist event or other public health emergency by July 2, 2002.

From Senate Committee on Health and Long-Term Care: Do pass. 03/01/2002

A 849

A 850

Public Health Authorities Concerning:

Disposal of Human Remains
Control of Pharmaceutical agents and medical supplies
Compulsory Vaccination
Isolation and Quarantine
Reporting of Diseases

Failure to pass pursuant to Senate Joint Resolution 1

Failure to pass pursuant to Senate Jt. Resolution 1

S 208

"West Virginia Bio-terrorism Threat Reduction Act"

List of Selected Biological Agents and Toxins to be Published in the State Register
Certification Process for Possession, Use and Transfer of Biologic Agents

To Senate Committee on Judiciary 1/15/2002

S 67

Right to appeal quarantine
Mandatory Treatment
State Agency Collaboration

Passed Senate 2/28/2002

Source: Health Policy Tracking Service, National Conference of State Legislatures, August 12, 2002.

For further information contact Rachel Morgan at rachel.morgan@ncsl.org or by phone at 202-624-3569.