PRINTER'S NO. 669
No. 596 Session of 2005
INTRODUCED BY SANTONI, TIGUE, THOMAS, CORRIGAN, STABACK, WALKO, STURLA, YOUNGBLOOD, EACHUS, FABRIZIO, MANN, LEACH, CAWLEY, GOODMAN, SOLOBAY, MELIO, FREEMAN, KIRKLAND, LEH, JAMES, DALEY, CALTAGIRONE, FRANKEL, BIANCUCCI, GERGELY AND BROWNE, FEBRUARY 16, 2005
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 16, 2005
AN ACT 1 Amending the act of August 24, 1951 (P.L.1304, No.315), 2 entitled, as amended, "An act to improve local health 3 administration throughout the Commonwealth by authorizing the 4 creation, establishment and administration of single-county 5 or joint-county departments of health in all counties; 6 exempting certain municipalities from the jurisdiction of 7 single-county or joint-county departments of health; 8 permitting the dissolution of departments or boards of health 9 in certain municipalities; authorizing State grants to 10 counties which establish departments of health and to certain 11 municipalities if they meet prescribed requirements; 12 conferring powers and duties upon the State Department of 13 Health in connection with the creation, establishment and 14 administration of single-county or joint-county departments 15 of health and administration of the health laws in parts of 16 certain municipalities not subject to the jurisdiction of 17 single-county or joint-county departments of health, and the 18 administration of State grants; and repealing an act which 19 confers health powers upon counties of the first class," 20 defining "public health emergency"; providing for public 21 health emergency response, for public health monitoring and 22 for public health assessment; and further providing for State 23 grants to county departments of health and to certain 24 municipalities. 25 The General Assembly of the Commonwealth of Pennsylvania 26 hereby enacts as follows: 27 Section 1. Section 3 of the act of August 24, 1951
1 (P.L.1304, No.315), known as the Local Health Administration 2 Law, is amended by adding a subsection to read: 3 Section 3. Definitions.--The following terms, whenever used 4 in this act, have the meanings indicated in this section, except 5 where the context indicates a clearly different meaning: 6 * * * 7 (j) Public health emergency." An occurrence or imminent 8 threat of an illness or health condition, caused by 9 bioterrorism, epidemic or pandemic disease or novel and highly 10 infectious agent or biological or chemical toxin, that poses a 11 substantial risk of human fatality or long-term disability, or 12 an occurrence where such illness or health condition results 13 from a natural or man-made disaster. 14 Section 2. The act is amended by adding sections to read: 15 Section 10.1. Public Health Emergency Response.--The county 16 departments of health shall plan for and respond to public 17 health emergencies within their jurisdiction. Such plans shall 18 include: 19 (1) reasonable and appropriate mechanisms for monitoring the 20 potential for and the spread of an event which could or does 21 pose a public health emergency; 22 (2) reliable testing and evaluation in order to determine 23 the presence of a public health emergency; 24 (3) mechanisms for identifying and treating all individuals 25 thought to have been exposed to an illness or health condition 26 resulting in a public health emergency; 27 (4) provisions for quarantining and isolating individuals 28 and groups who may have been exposed to or infected by a 29 contagious or infectious agent; 30 (5) provisions for providing mass inoculations or treatment 20050H0596B0669 - 2 -
1 for individuals who have been exposed or could reasonably be 2 expected to be exposed to a contagious or infectious agent, 3 including the stockpiling of inoculations, vaccines, immunizing 4 agents, antibiotics, serums, antitoxins, medications and medical 5 supplies as may be deemed appropriate; 6 (6) provisions for closing, evacuating and decontaminating 7 facilities where there is reasonable cause to believe that a 8 condition may endanger the public health; 9 (7) provisions for dealing with the victims of a public 10 health emergency, including corpses; 11 (8) provisions for disposing of contaminated materials and 12 supplies; 13 (9) an inventory of resources available to the county to 14 respond to a public health emergency; and 15 (10) provisions for commanding the use of such resources as 16 may be necessary to reasonably respond to a public health 17 emergency. 18 Section 10.2. Public Health Monitoring.--A county department 19 of health shall create systems, including electronic means, to 20 monitor and collect data and other information that will enable 21 the county department of health to determine if a public health 22 emergency is imminent. 23 Section 10.3. Public Health Assessment.--A county department 24 of health shall collect baseline health status data, disease 25 data and other data and information that will allow the county 26 to assess the health status of the residents of the county and 27 evaluate the success of any public health improvement effort. 28 Section 3. Section 25(d) of the act, amended December 17, 29 1990 (P.L.717, No.179), is amended and the section is amended by 30 adding subsections to read: 20050H0596B0669 - 3 -
1 Section 25. State Grants to County Departments of Health and 2 to Certain Municipalities.--* * * 3 (d) Environmental Health Services.--The Commonwealth shall 4 pay an additional annual grant of not more than [one dollar and 5 fifty cents ($1.50)] three dollars ($3.00) per capita resident 6 to each county department of health or department or board of 7 health of a municipality eligible for grants under this act for 8 environmental health services provided by the county or 9 municipality. 10 As used in this subsection "environmental health services" 11 means services such as but not limited to air and noise 12 pollution control, restaurant and wholesale food inspection, 13 rodent and vector control, water and sewage inspection, housing 14 code enforcement and other similar services in addition to other 15 local health grants for public health services. 16 (e) Planning and Incentive Grants.--(1) In order to 17 stimulate local and regional public health infrastructure, the 18 Department of Health shall offer counties, which do not have a 19 county department of health or are not participating in a joint- 20 county department of health on the effective date of this 21 subsection, one-time grants to enable them to plan for the 22 development of a local department of health. The maximum grant 23 awarded to any county for planning under this subsection shall 24 be fifty thousand dollars ($50,000). 25 (2) The Department of Health shall offer incentive grants to 26 counties, which do not have a county department of health or are 27 not participating in a joint-county department of health on the 28 effective date of this subsection, to assist them in the costs 29 of creating a county department of health. The maximum incentive 30 grant offered to any county under this subsection shall be five 20050H0596B0669 - 4 -
1 hundred thousand dollars ($500,000). 2 (f) Public Health Emergency Planning Grants.--County 3 departments of health, joint-county departments of health and 4 municipal health departments certified by the Secretary of 5 Health pursuant to this act shall receive a grant from the 6 Department of Health to develop a local public health emergency 7 plan pursuant to this act. Such grants shall be either seven and 8 one-half cents (7 1/2¢) per capita resident or one hundred 9 thousand dollars ($100,000), whichever amount is greater. 10 (g) Public Health Monitoring Grants.--County departments of 11 health, joint-county departments of health and municipal health 12 departments certified by the Secretary of Health pursuant to 13 this act shall receive a one-time implementation grant from the 14 Department of Health to develop a health monitoring system 15 pursuant to this act. Such grants shall be for no more than two 16 hundred and fifty thousand dollars ($250,000). After such 17 monitoring systems are implemented, counties shall receive a 18 monitoring system maintenance payment equal to ten cents (10¢) 19 per capita resident. 20 Section 4. This act shall take effect July 1, 2005, or 21 immediately, whichever is later. A6L35DMS/20050H0596B0669 - 5 -