Protecting Democracy

Bioterrorism

September 2001

Several states considered or passed laws addressing terrorism during recent legislative sessions.

Indiana passed S.B. 180 during its 2001 session. The new statute requires the state Emergency Medical Services Commission to training and establish standards for the administration of antidotes, vaccines and antibiotics in situations related to a terrorist or military attack. The state Department of Health is to monitor communicable diseases and outbreaks of diseases that could be used as biological weapons, along with development of capabilities and procedures to identify unknown biological substances that could be used as weapons. The statute defines terrorism and weapons of mass destruction and provides penalties for terrorism and the false reporting of a weapon of mass destruction.
In its 2001 session, the Kentucky Legislature considered H.B. 199, a bill that assigns responsibility for developing a statewide strategy for chemical or biological terrorism to the state Division of Emergency Management.
New York is considering A.B. 1452, the Anti-Terrorist Crime Act of 2001, which would increase the maximum penalties that can be imposed for crimes committed during acts of terrorism.
South Carolina's H.B. 3223 would establish the crimes of domestic terrorism, aiding and abetting domestic terrorism, and conspiracy to commit domestic terrorism and provides the death penalty for these crimes.
Texas considered S.B. 94 and H.R. 1693, both of which related to plans to respond to bioterrorism.
Washington's S.B. 5255 addresses public disclosure of specific and unique information related to acts of terrorism; this bill passed both houses and was signed into law by the governor as 2001 Wash. Laws, Chap. # 98. The new law became effective on July 22, 2001.
California enacted the Hertzberg-Alarcon California Prevention of Terrorism Act (Chapter 653) during its 1999 legislative session. The act makes it a crime for any person to possess, develop, manufacture, produce, transfer, acquire or retain any weapon of mass destruction and penalizes the use of such weapon.
Colorado enacted H.B. 1077 during the 2000 session. This act defines bioterrorism and created the Governor's Expert Emergency Epidemic Response Committee to address emergency needs of the state in case of an epidemic. The act requires the committee to supplement the state disaster plan with suggested procedures for handling an emergency epidemic by July 1, 2001, and to provide expert advice to the governor for emergency epidemics or threats.
Nevada passed legislation during the 1999 session to make it a felony to possess, stockpile or threaten to use anthrax or other biological agents. (Nev. Rev. Stat. §202.441 et seq.)

With regard to state executive branch actions, Illinois Governor George Ryan issued Executive Order 29 on May 16, 2000, to create the Illinois Terrorism Task Force. The task force is responsible for developing and implementing appropriate training of local, regional and state responders who may be involved in responding to a domestic terrorist incident that could include chemical or biological weapons.

The Illinois Department of Public Health met with emergency physicians and toxicologists to assess the level of awareness and preparedness of emergency department personnel to respond to a large-scale weapons of mass destruction incident that could overwhelm hospitals and surrounding communities. The group decided that the state needed a network of coordinated mutual support and a systematic approach for responding to a large-scale catastrophe. Illinois received a grant from the Centers for Disease Control and Prevention (CDC) for seed funding for the Illinois Mobile Emergency Response Team (IMERT). The team will respond to and assist with emergency medical treatment at mass casualty incidents, including, but not limited to, chemical, biological and radiological incidents. The team also developed a half-day seminar, Domestic Preparedness: Improving Hospital and Provider Response to a Bioterrorist Event. The course is designed for emergency room physicians, public safety officers, trauma nurses and emergency medical technicians. The class described the signs and symptoms of a variety of chemical agents and bomb blast injuries; antidotes, treatments and decontamination methods; and how to develop a mobile emergency response team in individual communities. Four seminars were held in 2000 with 400 attendees; four additional seminars are planned for 2001. IMERT's Web site (www.imert.org) provides news and information, as well as copies of presentations at the seminars.

California's Emergency Medical Services Authority developed a hospital emergency incident command system that uses a logical management structure, defined responsibilities, clear reporting channels and a common language to help hospitals work better with emergency responders. For information, contact the authority at (916) 322-4336, or www.emsa.cahwnet.gov.

Nevada is using grants from the CDC to prepare for a biological weapons release. The state Bureau of Disease Control and Intervention realizes that the possibility for a release of smallpox, anthrax, the plague or other biological agent is remote, but the threat cannot be ignored. Nevada surveyed its local health agencies to assess readiness: 50 percent lacked high-speed Internet access, 94 percent lacked adequate emergency preparedness training for bioterrorism incidents, 46 percent did not have broadcast facsimile capabilities for emergency notifications, and 77 percent did not have an emergency response plan that addressed a bioterrorist attack.

The state bureau is focusing on three areas: improving awareness and knowledge among local health officials in order to detect a bioterrorist attack; enhancing laboratory support to rapidly identify any organism; and creating a rapid communications system to disseminate information about an attack. Nevada created the Health Alert Network to link the state with a nationwide information and communications system with CDC funds. Additional CDC funding will provide early detection training and allow the state to purchase new laboratory equipment.

Nevada health officials are working with the state Division of Emergency Management, which is the lead agency to plan for and respond to a bioterrorist attack. The state has involved local and federal emergency response agencies in training and planning exercises for a bioterrorism event.

New Mexico's Department of Health is working with hospitals to test a syndrome surveillance system. Doctors document patient admissions from touch-screen computers; the diagnosis, demographic data, tests ordered and other information can be entered in less than a minute. The data is transmitted to the department's central database to generate color-coded maps of other outbreaks and a 30-day charting of the disease's evolution. This information informs the doctor whether the patient is an isolated case or part of a widespread pattern of illness. Such data is important both for diagnosis and treatment.

Several federal government agencies-including the Department of Justice, the Centers for Disease Control and Prevention (CDC), the Federal Emergency Management Agency (FEMA) and the Department of Health and Human Services-are working together in the bioterrorism area. Representatives from the CDC and FEMA met in late February 2001 to discuss how to expand terrorism preparedness training opportunities-especially those related to bioterrorism. All federal representatives agree that a greater effort should be made to link the state and local emergency management community more closely with the public health community to ensure effective preparedness for and response to bioterrorism events.

President George W. Bush recently directed the Federal Emergency Management Agency to establish an Office of National Preparedness to coordinate a national response to biological, chemical or nuclear weapons attacks by terrorists. According to FEMA Director Joe Allbaugh, the new office will coordinate efforts by several federal agencies that are responsible for dealing with terrorist acts. The office will ensure that state and local agencies are prepared for terrorism. In addition, Vice- President Dick Cheney will lead a new task force that will address terrorist threats and report to Congress by October 1.

State policymakers may wish to consider whether their state should apply for a grant from the Office of Justice Programs (OJP) within the Department of Justice. Opportunities exist for funding that address countering terrorism and ensuring domestic preparedness. The OJP Office of State and Local Domestic Preparedness Support provides equipment and training to state and local governments for first responders to terrorist incidents. This office works closely with the National Domestic Preparedness Office, led by the Federal Bureau of Investigation, and with other federal and state agencies. One responsibility is to assess the needs of communities and assist them in preparing to respond to attacks. Information about this office and its domestic preparedness program are available on the Internet at www.ojp.usdoj.gov/resguide/chap11.htm, or you may contact the OJP Office of Congressional and Public Affairs at (202) 307-0703.

The National Domestic Preparedness Office within the Department of Justice coordinates all federal weapons of mass destruction (domestic terrorism) efforts to assist state and local emergency responders with planning, training, equipment, exercise, and health and medical issues in order to respond to a domestic terrorism event. One major program area is Public Health and Medical Services. The State and Local Advisory Group provides policy advice to the National Domestic Preparedness Office. The group represents a variety of professionals who would be called upon during a weapons of mass destruction incident (fire/rescue, hazardous materials, emergency medical and public health services, law enforcement, emergency management and state and local governments).

The National Domestic Preparedness Office (NDPO) produced an information bulletin, Bioterrorism Preparedness Planning Assistance from Local Emergency Planning Committees and State Emergency Response Commissions to Public Health Departments, on July 6, 2000. A copy of the bulletin is available by contacting the NDPO at (202) 324-9025, or by e-mail at ndpo@leo.gov.

Contact Cheryl Runyon in the NCSL Denver office (303) 364-7700, if NCSL can be of further assistance.

Protecting Democracy

Bioterrorism

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