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Health Policy Tracking Service

State: Snapshot

Title: Public Health Preparedness

Date: 11/04/2002

IN THIS OVERVIEW:

The California Legislature Enacts the "Health Care Professional Disaster Response Act."
The Connecticut Department of Public Health Releases Advisory for Hospital Preparedness in the State.

Maryland Pharmacy Board Completes First Phase of Bio-Terrorism Response Training for State Pharmacists.

New Jersey Department of Health and Senior Services releases an Executive Summary of the State Public Health Emergency Preparedness and Response Plan.
Enacted Legislation 2002

STATES IN SESSION

As of October 30, 6 states and the District of Columbia are in regular session. These states are Massachusetts, Michigan, New Jersey, New York, Ohio and Pennsylvania. Mississippi is currently in a third extraordinary session.

STATES NOT CURRENTLY IN SESSION

Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, 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.

The California Legislature Enacts the "Health Care Professional Disaster Response Act."

California Senate Bill 1950 was Chaptered September 29, 2002 to establishes new standards for streamlined licensure of physicians and surgeons whose license has been expired for less than five years. Declaring that health care practitioners with lapsed licensure could potentially serve in areas of shortage during a national or state disaster, the legislature developed a process to be able to reinstate their license for just those periods of need. Practitioners interested in participating would simply have to complete an application to the Medical Board of California, accompanied by documentation that they have completed all continuing education requirements and a complete set of fingerprints. The applicant will not be required to pay any licensing fees for issuance.

The Connecticut Department of Public Health Releases Advisory for Hospital Preparedness in the State

The Connecticut Department of Public Health released the first in a series of public health preparedness advisories for hospital preparedness October 23. The advisory addressed the need for rapid identification and management of suspected smallpox cases as a critical component of state preparedness. The advisory requires hospitals that do not already have protocols for triaging and immediately isolating in a negative pressure environment an individual who presents with a rash illness and fever and is highly suspected of being infected with smallpox to begin to develop those capabilitied.

It also requires hospitals to establish a team of professionals capable of caring for those patients. The team should consist of permanent staff members willing to be vaccinated against smallpox. Finally, the advisory requires that protocols be developed concerning isolation and management of one or more smallpox cases on the inpatient service. The Connecticut Hospital Association, the Bioterrorism Centers of Excellence; Yale-New Haven Health System and Hartford Hospital and the Department of Public Health are working on standards for state hospitals in all these areas.

The Connecticut Bioterrorism Advisory Work group has also begun planning for other smallpox-response areas including pre-vaccinations of hospital and public health responders and eventually of the entire population.

Maryland Pharmacy Board Completes First Phase of Bio-Terrorism Response Training for State Pharmacists

In a October 22 press release, the Maryland Department of Health and Mental Hygiene (DHMH) reported that 700 state pharmacists and pharmacy technicians had participated in bio-terrorism response training sessions throughout Maryland. The sessions were sponsored by the DHMH and hosted by the Maryland Board of Pharmacy, University of Maryland School of Pharmacy and the Maryland Poison Control Center were held during September and October. The purpose of the training was to prepare volunteers to assist in carrying out plans for prophylaxis and treatment utilizing resources from the National Pharmaceutical Stockpile program. The medical aspects and treatment of diseases caused by various biologic agents, a description of the National Pharmaceutical Stockpile distribution plan, and incident command structure were among topics discussed.

Additional training sessions are being planned for the future. To become a member of the Maryland Pharmacy Volunteer Corp, pharmacists and technicians must register with the Board, have participated in mandatory training and possess a Board issued identification badge. For more information visit on-line at www.mdbop.org.

New Jersey Department of Health and Senior Services releases an Executive Summary of the State Public Health Emergency Preparedness and Response Plan.

In developing a comprehensive plan for responding to bioterrorism and public health emergencies a multidisciplinary panel of experts was convened to form the Medical Emergency and Disaster Prevention and Response Panel (MEDPREP) in November 2001. As part of the process, the Department of Health and Senior Services conducted and evaluation and needs assessment of public health agencies, health care providers and facilities. Studies were also conducted by the New Jersey Hospital Association, the Department of Justice and the New Jersey Primary Care Administration.

The resulting plan was divided into three sections. Section 1 describes existing protocols and ongoing and future initiatives. It includes information concerning incident detection, surveillance response, hospital and health care workforce response activation, EMS systems, logistics and mass fatality. Section 2 comprises the bulk of the work plan based on the evaluations and existing capabilities. It lists 300 measurable objectives, responsible parties and defined timelines. Section 3 provides reference materials and subject matter resources.

The executive summary also provides information concerning the completed elements of the plan.

Enacted Legislation 2002

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State

Bills Introduced in 2002

Provisions in the Act Address

Status

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

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

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.

Enacted 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

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 2521

Authorizes the Public Health Authority to:

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

Enacted 6/18/2002

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

EO 10

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

Introduced 3/29/2002

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

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

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 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 714

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

Enacted 7/2/2002

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 1955

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

Enacted 4/24/2002

H 195

Reporting of Contagious Diseases
Detention of Infected Persons

Enacted 3/5/2002

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

Enacted 6/25/2002

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 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

Enacted 6/12/2002

Source: Health Policy Tracking Service, National Conference of State Legislatures, November 4, 2002.

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

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