PRINTER'S NO. 2387
No. 1791 Session of 2007
INTRODUCED BY K. SMITH, STURLA, BELFANTI, BRENNAN, BUXTON,
CARROLL, FRANKEL, GEORGE, HENNESSEY, HORNAMAN, JAMES, KOTIK,
KULA, LEACH, LONGIETTI, McILVAINE SMITH, MUNDY, M. O'BRIEN,
PASHINSKI, SANTONI, SCAVELLO, SHIMKUS, SOLOBAY, TANGRETTI,
THOMAS, WANSACZ, YOUNGBLOOD, YUDICHAK AND McCALL,
AUGUST 1, 2007
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, AUGUST 1, 2007
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for measures to
21 detect and track potential and existing public health
22 emergencies, for declaring state of public health emergency,
23 for control of property and persons during state of public
24 health emergency and for public information regarding and
25 planning for public health emergencies; and establishing the
26 Public Health Emergency Planning Commission.
27 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
3 as The Administrative Code of 1929, is amended by adding an
4 article to read:
5 ARTICLE XXV-D
6 EMERGENCY HEALTH POWERS AND PROCEDURES
7 (a) Preliminary Provisions
8 Section 2501-D. Short title.
9 This article shall be known and may be cited as the Emergency
10 Health Powers Act.
11 Section 2502-D. Legislative findings.
12 The General Assembly finds that:
13 (1) The Commonwealth must do more to protect the health,
14 safety and general well-being of its citizens.
15 (2) New and emerging dangers, including emergent and
16 resurgent infectious diseases and incidents of civilian mass
17 casualties, pose serious and immediate threats.
18 (3) A renewed focus on the prevention, detection,
19 management and containment of public health emergencies is
20 called for.
21 (4) Emergency health threats, including those caused by
22 bioterrorism and epidemics, require the exercise of
23 extraordinary government functions.
24 (5) The Commonwealth must have the ability to respond
25 rapidly and effectively to potential or actual public health
26 emergencies.
27 (6) The exercise of emergency health powers must promote
28 the common good.
29 (7) Emergency health powers must be grounded in a
30 thorough scientific understanding of public health threats
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1 and disease transmission.
2 (8) Guided by principles of justice, it is the duty of
3 the Commonwealth to act with fairness and tolerance toward
4 individuals and groups.
5 (9) The rights of people to liberty, bodily integrity
6 and privacy must be respected to the fullest extent possible
7 consistent with the overriding importance of the public's
8 health and security.
9 (10) This article is necessary to protect the health and
10 safety of the citizens of this Commonwealth.
11 Section 2503-D. Purposes.
12 The purposes of this article are to:
13 (1) Authorize the collection of data and records, the
14 control of property, the management of persons and access to
15 communications.
16 (2) Facilitate the early detection of a health emergency
17 and allow for immediate investigation of such an emergency by
18 granting access to individuals' health information under
19 specified circumstances.
20 (3) Grant State officials the authority to use and
21 appropriate property as necessary for the care, treatment and
22 housing of patients and for the destruction of contaminated
23 materials.
24 (4) Grant State officials the authority to provide care
25 and treatment to persons who are ill or who have been exposed
26 to infection and to separate affected individuals from the
27 population at large for the purpose of interrupting the
28 transmission of infectious disease.
29 (5) Ensure that the needs of infected or exposed persons
30 will be addressed to the fullest extent possible given the
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1 primary goal of controlling serious health threats.
2 (6) Provide State officials with the ability to prevent,
3 detect, manage and contain emergency health threats without
4 unduly interfering with civil rights and liberties.
5 (7) Require the development of a comprehensive plan to
6 provide for a coordinated, appropriate response in the event
7 of a public health emergency.
8 Section 2504-D. Definitions.
9 The following words and phrases when used in this article
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Bioterrorism." The intentional use of any microorganism,
13 virus, infectious substance or biological product that may be
14 engineered as a result of biotechnology or any naturally
15 occurring or bioengineered component of any such microorganism,
16 virus, infectious substance or biological product to cause
17 death, disease or other biological malfunction in a human,
18 animal, plant or another living organism in order to influence
19 the conduct of government or to intimidate or coerce a civilian
20 population.
21 "Chain of custody." The methodology of tracking specimens
22 for the purpose of maintaining control and accountability from
23 initial collection to final disposition of the specimens and
24 providing for accountability at each stage of collecting,
25 handling, testing, storing and transporting the specimens and
26 reporting test results.
27 "Commission." The Public Health Emergency Planning
28 Commission.
29 "Contagious disease." An infectious disease that can be
30 transmitted from person to person, animal to person or insect to
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1 person.
2 "Health care facility." A non-Federal institution, building
3 or agency, or portion thereof, whether for profit or nonprofit,
4 that is used, operated or designed to provide health services,
5 medical treatment or nursing, rehabilitative or preventive care
6 to any person or persons. The term includes, but is not limited
7 to, ambulatory surgical facilities, health maintenance
8 organizations, home health agencies, hospices, hospitals,
9 infirmaries, intermediate care facilities, kidney treatment
10 centers, long-term care facilities, medical assistance
11 facilities, mental health centers, outpatient facilities, public
12 health centers, rehabilitation facilities, residential treatment
13 facilities, skilled nursing facilities and adult day-care
14 centers. The term also includes, but is not limited to, the
15 following related property when used for or in connection with
16 the foregoing: laboratories, research facilities, pharmacies,
17 laundry facilities, health personnel training and lodging
18 facilities, patient, guest and health personnel food service
19 facilities and offices and office buildings for persons engaged
20 in health care professions or services.
21 "Health care provider." A person or entity who provides
22 health care services. The term includes, but is not limited to,
23 hospitals, medical clinics and offices, special care facilities,
24 medical laboratories, physicians, pharmacists, dentists,
25 physician assistants, nurse practitioners, registered and other
26 nurses, paramedics, emergency medical or laboratory technicians
27 and ambulance and emergency medical workers.
28 "Infectious disease." A disease caused by a living organism,
29 which disease may or may not be transmissible from person to
30 person, animal to person or insect to person.
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1 "Infectious waste." Any of the following:
2 (1) Biological waste, including blood and blood
3 products, excretions, exudates, secretions, suctioning and
4 other body fluids and waste materials saturated with blood or
5 body fluids.
6 (2) Cultures and stocks, including etiologic agents and
7 associated biologicals, specimen cultures and dishes and
8 devices used to transfer, innoculate and mix cultures, wastes
9 from production of biologicals and serums and discarded live
10 and attenuated vaccines.
11 (3) Pathological waste, including biopsy materials and
12 all human tissues, anatomical parts that emanate from
13 surgery, obstetrical procedures, autopsy and laboratory
14 procedures and animal carcasses exposed to pathogens in
15 research and the bedding and other waste from such animals,
16 but not including teeth or formaldehyde or other preservative
17 agents.
18 (4) Sharps, including needles, IV tubing with needles
19 attached, scalpel blades, lancets, glass tubes that could be
20 broken during handling and syringes that have been removed
21 from their original sterile containers.
22 "Isolation." The compulsory physical separation, including
23 the restriction of movement or confinement, of individuals or
24 groups believed to have been exposed to or known to have been
25 infected with a contagious disease from individuals who are
26 believed not to have been exposed or infected, in order to
27 prevent or limit the transmission of the disease to others.
28 "Mental health support personnel." This term includes, but
29 is not limited to, psychiatrists, psychologists, social workers
30 and volunteer crisis counseling groups.
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1 "PA-NEDSS." Pennsylvania's National Electronic Disease
2 Surveillance System, an Internet-based instrument utilized by
3 health care providers to report diseases and enable the
4 Department of Health to analyze data and respond immediately.
5 "Protected health information." Information, whether oral,
6 written, electronic, visual, pictorial, physical or any other
7 form that relates to an individual's past, present or future
8 physical or mental health status, condition, treatment, service,
9 products purchased or provision of care, and that reveals the
10 identity of the individual whose health care is the subject of
11 the information, or where there is a reasonable basis to believe
12 such information could be utilized, either alone or with other
13 information that is or should reasonably be known to be
14 available to predictable recipients of such information, to
15 reveal the identity of that individual.
16 "Public health authority." The Department of Health, a local
17 government agency that acts principally to protect or preserve
18 the public's health, a person authorized to act on behalf of the
19 Department of Health or local public health agency.
20 "Public health emergency." An occurrence or imminent threat
21 of an illness or health condition, caused by bioterrorism,
22 epidemic or pandemic disease or novel and highly fatal
23 infectious agent or biological toxin, that poses a substantial
24 risk of a significant number of human fatalities or incidents of
25 permanent or long-term disability, where such illness or health
26 condition includes, but is not limited to, an illness or health
27 condition resulting from a natural disaster.
28 "Public safety authority." The Pennsylvania Emergency
29 Management Agency, a local government agency that acts
30 principally to protect or preserve the public safety or a person
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1 authorized to act on behalf of the Pennsylvania Emergency
2 Management Agency or local agency.
3 "Quarantine." The term shall have the same meaning as the
4 term "isolation."
5 "Specimens." The term includes, but is not limited to,
6 blood, sputum, urine, stool, other bodily fluids, wastes,
7 tissues and cultures necessary to perform required tests.
8 "Tests." The term includes, but is not limited to, any
9 diagnostic or investigative analysis necessary to prevent the
10 spread of disease or protect the public's health, safety and
11 welfare.
12 (b) Measures to Detect and Track Potential and
13 Existing Public Health Emergencies
14 Section 2511-D. Reporting.
15 (a) Illness or health condition.--
16 (1) A health care provider, coroner or medical examiner
17 shall report all cases of persons who harbor any illness or
18 health condition that may be caused by bioterrorism, epidemic
19 or pandemic disease or novel and highly fatal infectious
20 agents or biological toxins and might pose a substantial risk
21 of a significant number of human fatalities or incidents of
22 permanent or long-term disability.
23 (2) Such illnesses and health conditions include, but
24 are not limited to, the diseases caused by the biological
25 agents listed in 42 CFR 72, App. A (relating to select
26 agents) and any illnesses or health conditions identified by
27 the public health authority as potential causes of a public
28 health emergency.
29 (b) Pharmacists.--
30 (1) In addition to the requirements of subsection (a)
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1 for health care providers, a pharmacist shall report any
2 unusual or increased prescription rates, unusual types of
3 prescriptions or unusual trends in pharmacy visits that may
4 be caused by bioterrorism, epidemic or pandemic disease or
5 novel and highly fatal infectious agents or biological toxins
6 and might pose a substantial risk of a significant number of
7 human fatalities or incidents of permanent or long-term
8 disability.
9 (2) Prescription-related events that require a report
10 include, but are not limited to, any of the following:
11 (i) An unusual increase in the number of
12 prescriptions to treat fever, respiratory or
13 gastrointestinal complaints.
14 (ii) An unusual increase in the number of
15 prescriptions for antibiotics.
16 (iii) An unusual increase in the number of requests
17 for information on over-the-counter pharmaceuticals to
18 treat fever, respiratory or gastrointestinal complaints.
19 (iv) Any prescription that treats a disease that is
20 relatively uncommon and has bioterrorism potential.
21 (c) Manner of reporting.--The report shall be made within 24
22 hours to the public health authority in writing or via PA-NEDSS
23 or another electronic disease surveillance system approved by
24 the Department of Health. The report shall include the following
25 information, if available:
26 (1) The patient's name, date of birth, sex, race and
27 current address, including municipality and county.
28 (2) The name and address of the health care provider,
29 coroner or medical examiner and of the reporting individual,
30 if different.
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1 (3) Any other information needed to locate the patient
2 for follow up.
3 (4) For cases related to animal or insect bites, the
4 suspected locating information of the biting animal or insect
5 and the name and address of any known owner.
6 (d) Animal diseases.--
7 (1) A veterinarian, livestock owner, veterinary
8 diagnostic laboratory director or other person having the
9 care of animals shall report animals having or suspected of
10 having any disease that may be caused by bioterrorism,
11 epidemic or pandemic disease or novel and highly fatal
12 infectious agents or biological toxins and might pose a
13 substantial risk of a significant number of human and animal
14 fatalities or incidents of permanent or long-term disability.
15 (2) The report shall be made in writing within 24 hours
16 to the public health authority and shall include the
17 following information, if available:
18 (i) The suspected locating information of the
19 animal.
20 (ii) The name and address of any known owner.
21 (iii) The name and address of the reporting
22 individual.
23 (e) Enforcement.--The public health authority may enforce
24 the provisions of this section in accordance with existing
25 enforcement rules and regulations.
26 (f) Definition.--As used in this section, the term "health
27 care provider" includes an out-of-State medical laboratory,
28 provided that the laboratory has agreed to the reporting
29 requirements of this Commonwealth. Results must be reported by
30 the laboratory that performs the test, but a laboratory in this
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1 Commonwealth that sends specimens to a laboratory outside this
2 Commonwealth shall also report the results.
3 Section 2512-D. Tracking.
4 (a) General rule.--The public health authority shall:
5 (1) Ascertain the existence of cases of an illness or
6 health condition caused by bioterrorism, epidemic or pandemic
7 disease or novel and highly fatal infectious agent or
8 biological toxin that poses a substantial risk of a
9 significant number of human fatalities or incidents of
10 permanent or long-term disability.
11 (2) Investigate all such cases for sources of infection
12 and ensure that they are subject to proper control measures.
13 (3) Define the distribution of the illness or health
14 condition.
15 (b) Identification of exposed individuals.--To fulfill these
16 duties, the public health authority shall identify exposed
17 individuals as follows:
18 (1) Acting on information developed in accordance with
19 section 2511-D or other reliable information, the public
20 health authority shall identify all individuals thought to
21 have been exposed to an illness or health condition caused by
22 bioterrorism, epidemic or pandemic disease or novel and
23 highly fatal infectious agents or biological toxins that
24 poses a substantial risk of a significant number of human
25 fatalities or incidents of permanent or long-term disability.
26 (2) The public health authority shall counsel and
27 interview such individuals as appropriate to assist in the
28 positive identification of exposed individuals and develop
29 information relating to the source and spread of the illness
30 or health condition. Such information includes the name and
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1 address, including city and county, of any person from whom
2 the illness or health condition may have been contracted and
3 to whom the illness or health condition may have spread.
4 (3) The public health authority shall, for examination
5 purposes, close, evacuate or decontaminate any facility or
6 decontaminate or destroy any material when the authority
7 reasonably suspects that such facility or material may
8 endanger the public health.
9 (c) Enforcement.--An order of the public health authority
10 given to effectuate the purposes of this section shall be
11 enforceable immediately by the public safety authority.
12 Section 2513-D. Information sharing.
13 (a) Duty of public safety authority.--Whenever the public
14 safety authority learns of a case of a reportable illness or
15 health condition, an unusual cluster or a suspicious event, it
16 shall immediately notify the public health authority.
17 (b) Duty of public health authority.--Whenever the public
18 health authority learns of a case of a reportable illness or
19 health condition, an unusual cluster or a suspicious event that
20 it reasonably believes has the potential to be caused by
21 bioterrorism, it shall immediately notify the appropriate public
22 safety authority and Federal health and public safety
23 authorities.
24 (c) Limitation.--Sharing of information on reportable
25 illnesses, health conditions, unusual clusters or suspicious
26 events between authorized personnel shall be limited to
27 information necessary for the treatment, control, investigation
28 and prevention of a public health emergency.
29 (c) Declaring State of Public Health Emergency
30 Section 2521-D. Standards for declaration.
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1 (a) Declaration by Governor.--
2 (1) A state of public health emergency shall be declared
3 by the Governor if the Governor finds an occurrence or
4 imminent threat of an illness or health condition caused by
5 bioterrorism, epidemic or pandemic disease or novel and
6 highly fatal infectious agents or biological toxins that
7 poses a substantial risk of a significant number of human
8 fatalities or incidents of permanent or long-term disability.
9 The declaration shall be published as a notice in the
10 Pennsylvania Bulletin.
11 (2) To make such a finding, the Governor shall consult
12 with the public health authority and may consult with any
13 public health and other experts as needed.
14 (b) Construction.--Nothing in the duty of the Governor to
15 consult with the public health authority or the discretion to
16 consult with public health or other experts shall be construed
17 to limit the Governor's authority to act without such
18 consultation when the situation calls for prompt and timely
19 action.
20 Section 2522-D. Procedures for declaration.
21 The state of public health emergency shall be declared by an
22 executive order that indicates:
23 (1) The nature of the public health emergency.
24 (2) The area that is or may be threatened.
25 (3) The conditions that have brought about the public
26 health emergency.
27 Section 2523-D. Effect of declaration.
28 (a) General rule.--The declaration of a state of public
29 health emergency shall activate the disaster response and
30 recovery aspects of the State, local and interjurisdictional
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1 disaster emergency plans in the affected political subdivision
2 or area. The declaration shall authorize the deployment and use
3 of any forces to which the plans apply and the use or
4 distribution of any supplies, equipment and materials and
5 facilities assembled, stockpiled or arranged to be made
6 available pursuant to this article.
7 (b) Emergency powers of Governor.--During a state of public
8 health emergency, the Governor may:
9 (1) Suspend the provisions of any regulatory statute
10 prescribing procedures for conducting State business or the
11 orders, rules and regulations of any State agency if strict
12 compliance with the same would prevent, hinder or delay
13 necessary action, including emergency purchases, by the
14 public health authority to respond to the public health
15 emergency and increase the health threat to the population.
16 The suspension shall be published as a notice in the
17 Pennsylvania Bulletin.
18 (2) Utilize all available resources of the State
19 government and its political subdivisions, as reasonably
20 necessary to respond to the public health emergency.
21 (3) Transfer the direction, personnel or functions of
22 State departments and agencies to perform or facilitate
23 response and recovery programs regarding the public health
24 emergency.
25 (4) Mobilize all or any part of the Pennsylvania
26 National Guard into service of the Commonwealth. An order
27 directing the Pennsylvania National Guard to report for
28 active duty shall state the purpose for which it is mobilized
29 and the objectives to be accomplished.
30 (5) Provide aid to and seek aid from other states in
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1 accordance with any interstate emergency compact made with
2 the Commonwealth.
3 (c) Coordination by public health authority.--The public
4 health authority shall coordinate all matters pertaining to the
5 public health emergency response of the Commonwealth. The public
6 health authority shall have primary jurisdiction, responsibility
7 and authority for:
8 (1) Planning and executing public health emergency
9 assessment, mitigation, preparedness response and recovery
10 for the Commonwealth.
11 (2) Coordinating public health emergency response
12 between State and political subdivisions.
13 (3) Collaborating with relevant Federal Government
14 authorities, elected officials of other states, private
15 organizations or private sector companies.
16 (4) Coordinating recovery operations and mitigation
17 initiatives subsequent to public health emergencies.
18 (5) Organizing public information activities regarding
19 State public health emergency response operations.
20 (d) Identification.--After the declaration of a state of
21 public health emergency, special identification for all public
22 health personnel working during the emergency shall be issued by
23 the Governor or public health authority as soon as possible. The
24 identification shall indicate the authority of the bearer to
25 exercise public health functions and emergency powers during the
26 state of public health emergency. Public health personnel shall
27 wear the identification in plain view.
28 Section 2524-D. Enforcement.
29 During a state of public health emergency, the public health
30 authority may request assistance in enforcing orders pursuant to
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1 this article from the public safety authority. The public safety
2 authority may request assistance, with the approval of the
3 Governor, from the Pennsylvania National Guard in enforcing the
4 orders of the public health authority.
5 Section 2525-D. Termination of declaration.
6 (a) Executive order.--The Governor shall terminate the state
7 of public health emergency by executive order upon finding that
8 the occurrence of an illness or health condition caused by
9 bioterrorism, epidemic or pandemic disease or novel and highly
10 fatal infectious agents or biological toxins no longer poses a
11 substantial risk of a significant number of human fatalities or
12 incidents of permanent or long-term disability or that the
13 imminent threat of such an occurrence has passed. The executive
14 order shall be published as a notice in the Pennsylvania
15 Bulletin.
16 (b) Automatic termination.--
17 (1) Notwithstanding any other provision of this article,
18 a state of public health emergency shall be terminated
19 automatically 30 days after its declaration unless renewed by
20 the Governor under the same standards and procedures set
21 forth in this article for a declaration of a state of public
22 health emergency.
23 (2) Any such renewal shall also be terminated
24 automatically after 30 days unless renewed by the Governor
25 under the same standards and procedures set forth in this
26 article for a declaration of a state of public health
27 emergency.
28 (c) State legislature.--By a two-thirds vote of both
29 chambers, the General Assembly may terminate a state of public
30 health emergency after 60 days from the date of original
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1 declaration upon finding that the occurrence of an illness or
2 health condition caused by bioterrorism, epidemic or pandemic
3 disease or novel and highly fatal infectious agents or
4 biological toxins no longer poses a substantial risk of a
5 significant number of human fatalities or incidents of permanent
6 or long-term disability or that the imminent threat of such an
7 occurrence has passed. Such a termination by the General
8 Assembly shall supersede any renewal by the Governor.
9 (d) Content of termination order.--All orders terminating a
10 state of public health emergency shall indicate:
11 (1) The nature of the emergency.
12 (2) The area that was threatened.
13 (3) The conditions that make possible the termination of
14 the state of public health emergency.
15 (d) Control of Property during State of Public
16 Health Emergency
17 Section 2531-D. Emergency measures concerning dangerous
18 facilities and materials.
19 The public health authority may exercise, for such period as
20 the state of public health emergency exists, the following
21 powers:
22 (1) To close, direct and compel the evacuation of or to
23 decontaminate or cause to be decontaminated any facility of
24 which there is reasonable cause to believe that it may
25 endanger the public health.
26 (2) To decontaminate or cause to be decontaminated or
27 destroy any material of which there is reasonable cause to
28 believe that it may endanger the public health.
29 Section 2532-D. Access to and control of facilities and
30 property.
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1 The public health authority may exercise, for such period as
2 the state of public health emergency exists, the following
3 powers concerning facilities, materials, roads or public areas:
4 (1) To procure, by condemnation or otherwise, construct,
5 lease, transport, store, maintain, renovate or distribute
6 materials and facilities as may be reasonable and necessary
7 for emergency response, with the right to take immediate
8 possession thereof. Such materials and facilities include,
9 but are not limited to, communication devices, carriers, real
10 estate, fuels, food, clothing and health care facilities.
11 (2) To compel a health care facility to provide services
12 or the use of its facility if such services or use are
13 reasonable and necessary for emergency response. The use of
14 the health care facility may include transferring the
15 management and supervision of the health care facility to the
16 public health authority for a limited or unlimited period of
17 time, but shall not exceed the termination of the state of
18 public health emergency.
19 (3) To control, restrict and regulate by rationing and
20 using quotas, prohibitions on shipments, price fixing,
21 allocation or other means, the use, sale, dispensing,
22 distribution or transportation of food, fuel, clothing and
23 other commodities, alcoholic beverages, firearms, explosives
24 and combustibles, as may be reasonable and necessary for
25 emergency response.
26 (4) To prescribe routes, modes of transportation and
27 destinations in connection with evacuation of persons or the
28 provisions of emergency services.
29 (5) To control ingress and egress to and from any
30 stricken or threatened public area, the movement of persons
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1 within the area and the occupancy of premises therein, if
2 such action is reasonable and necessary for emergency
3 response.
4 Section 2533-D. Safe disposal of infectious waste.
5 The public health authority may exercise, for such period as
6 the state of public health emergency exists, the following
7 powers regarding the safe disposal of infectious waste:
8 (1) To adopt and enforce measures to provide for the
9 safe disposal of infectious waste as may be reasonable and
10 necessary for emergency response. Such measures may include,
11 but are not limited to, the collection, storage, handling,
12 destruction, treatment, transportation and disposal of
13 infectious waste.
14 (2) To compel any business or facility authorized to
15 collect, store, handle, destroy, treat, transport and dispose
16 of infectious waste under the laws of this Commonwealth and
17 any landfill business or other such property to accept
18 infectious waste or provide services or the use of the
19 business, facility or property, if such action is reasonable
20 and necessary for emergency response. The use of the
21 business, facility or property may include transferring the
22 management and supervision of such business, facility or
23 property to the public health authority for a limited or
24 unlimited period of time, but shall not exceed the
25 termination of the state of public health emergency.
26 (3) To procure, by condemnation or otherwise, any
27 business or facility authorized to collect, store, handle,
28 destroy, treat, transport and dispose of infectious waste
29 under the laws of this Commonwealth and any landfill business
30 or other such property as may be reasonable and necessary for
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1 emergency response, with the right to take immediate
2 possession thereof.
3 (4) To require that all bags, boxes or other containers
4 for infectious waste be clearly identified as containing
5 infectious waste.
6 Section 2534-D. Safe disposal of corpses.
7 The public health authority may exercise, for such period as
8 the state of public health emergency exists, the following
9 powers regarding the safe disposal of corpses:
10 (1) To adopt and enforce measures to provide for the
11 safe disposal of corpses as may be reasonable and necessary
12 for emergency response. Such measures may include, but are
13 not limited to, the embalming, burial, cremation, interment,
14 disinterment, transportation and disposal of corpses.
15 (2) To take possession or control of any corpse.
16 (3) To order the disposal of any corpse of a person who
17 died of an infectious disease through burial or cremation
18 within 24 hours after death.
19 (4) To compel any business or facility authorized to
20 embalm, bury, cremate, inter, disinter, transport and dispose
21 of corpses under the laws of this Commonwealth to accept any
22 corpse or provide the use of its business or facility if such
23 actions are reasonable and necessary for emergency response.
24 The use of the business or facility may include transferring
25 the management and supervision of such business or facility
26 to the public health authority for a limited or unlimited
27 period of time, but shall not exceed the termination of the
28 state of public health emergency.
29 (5) To procure, by condemnation or otherwise, any
30 business or facility authorized to embalm, bury, cremate,
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1 inter, disinter, transport and dispose of corpses under the
2 laws of this Commonwealth as may be reasonable and necessary
3 for emergency response, with the right to take immediate
4 possession thereof.
5 (6) To require that any corpse, prior to disposal, be
6 clearly labeled with all available information to identify
7 the decedent and the circumstances of death. Any corpse of a
8 person with an infectious disease shall have an external,
9 clearly visible tag indicating that the corpse is infected
10 and, if known, the infectious disease.
11 (7) To require that any person in charge of disposing of
12 a corpse shall maintain a written record of the corpse and
13 all available information to identify the decedent and the
14 circumstances of death and disposal. If a corpse cannot be
15 identified, prior to disposal a qualified person shall, to
16 the extent possible, take fingerprints and one or more
17 photographs of the corpse and collect a DNA specimen. All
18 information gathered under this paragraph shall be promptly
19 forwarded to the public health authority.
20 Section 2535-D. Control of health care supplies.
21 (a) Procurement.--The public health authority may purchase
22 and distribute antitoxins, serums, vaccines, immunizing agents,
23 antibiotics and other pharmaceutical agents or medical supplies
24 that it deems advisable in the interest of preparing for or
25 controlling a public health emergency, without any additional
26 legislative authorization.
27 (b) Rationing.--
28 (1) If a state of public health emergency results in a
29 Statewide or regional shortage or threatened shortage of any
30 product covered by subsection (a), whether or not such
20070H1791B2387 - 21 -
1 product has been purchased by the public health authority,
2 the public health authority may control, restrict and
3 regulate by rationing and using quotas, prohibitions on
4 shipments, price fixing, allocation or other means, the use,
5 sale, dispensing, distribution or transportation of the
6 relevant product necessary to protect the health, safety and
7 welfare of the people of this Commonwealth.
8 (2) In making rationing or other supply and distribution
9 decisions, the public health authority may give preference to
10 health care providers, disaster response personnel and
11 mortuary staff.
12 (c) Distribution.--
13 (1) During a state of public health emergency, the
14 public health authority may procure, store or distribute any
15 antitoxins, serums, vaccines, immunizing agents, antibiotics
16 and other pharmaceutical agents or medical supplies located
17 within this Commonwealth as may be reasonable and necessary
18 for emergency response, with the right to take immediate
19 possession thereof.
20 (2) If a public health emergency simultaneously affects
21 more than one state, nothing in this section shall be
22 construed to allow the public health authority to obtain
23 antitoxins, serums, vaccines, immunizing agents, antibiotics
24 and other pharmaceutical agents or medical supplies for the
25 primary purpose of hoarding such items or preventing their
26 fair and equitable distribution among affected states.
27 Section 2536-D. Compensation.
28 The Commonwealth shall pay just compensation to the owner of
29 any facility or materials that are lawfully taken or
30 appropriated by a public health authority for its temporary or
20070H1791B2387 - 22 -
1 permanent use under this article according to the procedures and
2 standards set forth in section 2575-D. Compensation may not be
3 provided for facilities or materials that are closed, evacuated,
4 decontaminated or destroyed when there is reasonable cause to
5 believe that they may endanger the public health pursuant to
6 section 2531-D.
7 Section 2537-D. Destruction of property.
8 To the extent practicable, consistent with the protection of
9 public health, prior to the destruction of any property under
10 this article, the public health authority shall institute
11 appropriate civil proceedings against the property to be
12 destroyed in accordance with the existing laws and rules of the
13 courts of this Commonwealth or any such rules that may be
14 developed by the courts for use during a state of public health
15 emergency. Any property acquired by the public health authority
16 through such proceedings shall, after entry of the decree, be
17 disposed of by destruction as the court may direct.
18 (e) Control of Persons During Public Health Emergency
19 Section 2541-D. Control of individuals.
20 During a state of public health emergency, the public health
21 authority shall use every available means to prevent the
22 transmission of infectious disease and to ensure that all cases
23 of infectious disease are subject to proper control and
24 treatment.
25 Section 2542-D. Mandatory medical examinations.
26 (a) Powers of public health authority.--The public health
27 authority may exercise, for such period as the state of public
28 health emergency exists, the following emergency powers over
29 persons:
30 (1) To compel a person to submit to a physical
20070H1791B2387 - 23 -
1 examination or testing, or both, as necessary to diagnose or
2 treat the person subject to the following:
3 (i) The medical examination or testing may be
4 performed by any qualified person authorized by the
5 public health authority.
6 (ii) The medical examination or testing may not be
7 reasonably likely to result in serious harm to the
8 affected individual.
9 (iii) The medical examination or testing shall be
10 performed immediately upon the order of the public health
11 authority without resort to judicial or quasi-judicial
12 authority.
13 (iv) If the public health authority is uncertain
14 whether a person who refuses to undergo medical
15 examination or testing may have been exposed to an
16 infectious disease or otherwise poses a danger to public
17 health, the public health authority may subject the
18 individual to isolation or quarantine as provided in this
19 article.
20 (2) To require any physician or other health care
21 provider to perform the medical examination or testing, or
22 both.
23 (b) Enforcement.--An order of the public health authority
24 given to effectuate the purposes of this section shall be
25 immediately enforceable by any law enforcement officer.
26 (c) Penalty.--A person who refuses to submit or perform a
27 medical examination or test under this section commits a
28 misdemeanor of the third degree.
29 Section 2543-D. Isolation and quarantine.
30 (a) State policy and powers.--
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1 (1) It is the policy of the Commonwealth that the
2 individual dignity of any person isolated or quarantined
3 during a state of public health emergency shall be respected
4 at all times and upon all occasions.
5 (2) The needs of persons isolated or quarantined shall
6 be addressed in a systematic and competent fashion.
7 (3) To the extent possible, the premises in which
8 persons are isolated or quarantined shall be maintained in
9 safe and hygenic manners, designed to minimize the likelihood
10 of further transmission of infection or other harm to persons
11 subject to isolation or quarantine.
12 (4) Adequate food, clothing, medication and other
13 necessities and competent medical care shall be provided to
14 persons who are isolated or quarantined.
15 (5) The public health authority may exercise, for such
16 period as the state of public health emergency exists, the
17 following emergency powers over persons:
18 (i) To establish and maintain places of isolation
19 and quarantine.
20 (ii) To require isolation or quarantine of any
21 person by the least restrictive means necessary to
22 protect the public health. All reasonable means shall be
23 taken to prevent the transmission of infection among the
24 isolated or quarantined individuals.
25 (b) Individual cooperation.--A person subject to isolation
26 or quarantine:
27 (1) Shall comply with the public health authority's
28 rules and orders.
29 (2) Shall not go beyond the isolation or quarantine
30 premises.
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1 (3) Shall not put himself in contact with any person not
2 subject to isolation or quarantine other than a physician or
3 other health care provider, public health authority or person
4 authorized to enter an isolation or quarantine premises by
5 the public health authority.
6 (c) Unauthorized entry.--No person other than a person
7 authorized by the public health authority shall enter an
8 isolation or quarantine premises. If, by reason of an
9 unauthorized entry into an isolation or quarantine premises, the
10 person poses a danger to public health, that person may be
11 subject to isolation or quarantine pursuant to the provisions of
12 this article.
13 (d) Termination.--Isolation or quarantine of any person
14 shall be terminated when the public health authority determines
15 that such isolation or quarantine of such person is no longer
16 necessary to protect the public health.
17 (e) Due process.--
18 (1) Before isolating or quarantining a person, the
19 public health authority shall obtain a written, ex parte
20 order from a court of this Commonwealth authorizing such
21 action. The court shall grant such order upon finding that
22 probable cause exists to believe isolation or quarantine is
23 warranted pursuant to the provisions of this article. A copy
24 of the authorizing order shall be given to the person
25 isolated or quarantined, along with notification that the
26 person has a right to a hearing under this paragraph.
27 (2) Notwithstanding paragraph (1), the public health
28 authority may isolate or quarantine a person without first
29 obtaining a written, ex parte order from the court if any
30 delay in the isolation or quarantine of the person would pose
20070H1791B2387 - 26 -
1 an immediate threat to the public health. Following such
2 isolation or quarantine, the public health authority shall
3 promptly obtain a written, ex parte order from the court
4 authorizing the isolation or quarantine.
5 (3) A person isolated or quarantined pursuant to the
6 provisions of paragraph (1) or (2) shall have the right to a
7 court hearing to contest the ex parte order. If such person,
8 or person's representative, requests a hearing, the hearing
9 shall be held within 72 hours of receipt of such request,
10 excluding Saturdays, Sundays and legal holidays. The request
11 shall be in writing. A request for a hearing shall not stay
12 the order of isolation or quarantine. At the hearing, the
13 public health authority must show that the isolation or
14 quarantine is warranted pursuant to the provisions of this
15 section.
16 (4) On or after 30 days following a hearing on the ex
17 parte order or such hearing as is provided for this
18 subsection, a person isolated or quarantined pursuant to the
19 provisions of this section may request in writing a court
20 hearing to contest that person's continued isolation or
21 quarantine. The hearing shall be held within 72 hours of
22 receipt of such request, excluding Saturdays, Sundays and
23 legal holidays. A request for a hearing shall not alter the
24 order of isolation or quarantine. At the hearing, the public
25 health authority must show that continuation of the isolation
26 or quarantine is warranted pursuant to the provisions of this
27 section.
28 (5) A person isolated or quarantined pursuant to the
29 provisions of this section may request a hearing in the
30 courts of this Commonwealth for remedies regarding that
20070H1791B2387 - 27 -
1 person's treatment and the terms and conditions of such
2 isolation or quarantine. Upon receiving a request for either
3 type of hearing described in this paragraph, the court shall
4 fix a date for a hearing. The hearing shall take place within
5 ten days of the receipt of the request by the court. The
6 request for a hearing shall not alter the order of isolation
7 or quarantine.
8 (6) If, upon hearing, the court finds that the isolation
9 or quarantine of the individual is not warranted under the
10 provisions of this section, then the person shall be released
11 from isolation or quarantine. If the court finds that the
12 isolation or quarantine of the individual is not in
13 compliance with the provisions of subsection (a), the court
14 may then fashion remedies appropriate to the circumstances of
15 the state of public health emergency and in keeping with the
16 provisions of this article.
17 (7) Judicial decisions shall be based upon clear and
18 convincing evidence, and a written record of the disposition
19 of the case shall be made and retained. The petitioner shall
20 have the right to be represented by counsel or other lawful
21 representative. The manner in which the request for a hearing
22 is filed and acted upon will be in accordance with the
23 existing laws and rules of the courts of this Commonwealth or
24 any such rules that are developed by the courts for use
25 during a state of public health emergency.
26 (f) Penalty.--A person who fails to comply with the
27 provisions of subsection (b) or (c) commits a misdemeanor of the
28 third degree.
29 Section 2544-D. Vaccination and treatment.
30 (a) Powers of public health authority.--The public health
20070H1791B2387 - 28 -
1 authority may, for such period as the state of public health
2 emergency exists, compel a person to be vaccinated or treated,
3 or both, for an infectious disease subject to the following
4 provisions:
5 (1) Vaccination may be performed by any qualified person
6 authorized by the public health authority.
7 (2) A vaccine may not be given if the public health
8 authority has reason to know that a particular individual is
9 likely to suffer serious harm from the vaccination.
10 (3) Treatment may be performed by any qualified person
11 authorized by the public health authority.
12 (4) Treatment must not be such as is reasonably likely
13 to lead to serious harm to the affected individual.
14 (b) Refusal.--If, by reason of refusal of vaccination or
15 treatment, the person poses a danger to the public health, the
16 person may be isolated or quarantined pursuant to the provisions
17 of this article.
18 (c) Enforcement.--An order of the public health authority
19 given to effectuate the purposes of this section shall be
20 immediately enforceable by any peace officer.
21 (d) Penalty.--A person who fails to comply with this section
22 commits a misdemeanor of the third degree.
23 Section 2545-D. Collection of laboratory specimens; performance
24 of tests.
25 The public health authority may, for such period as the state
26 of public health emergency exists, collect specimens and perform
27 tests on any person or animal, living or deceased, and may
28 acquire any previously collected specimens or test results that
29 are reasonable and necessary for emergency response subject to
30 the following provisions:
20070H1791B2387 - 29 -
1 (1) A specimen shall be clearly marked.
2 (2) Specimen collection, handling, storage and transport
3 to a testing site shall be performed in a manner that will
4 reasonably preclude specimen contamination or adulteration
5 and provide for the safe collection, storage, handling and
6 transport of the specimen.
7 (3) A person authorized to collect specimens or perform
8 tests shall use chain of custody procedures to ensure proper
9 recordkeeping, handling, labeling and identification of
10 specimens to be tested. This requirement applies to all
11 specimens, including specimens collected using onsite testing
12 kits.
13 (4) A business, facility or agency authorized to collect
14 specimens or perform tests shall provide such support as is
15 reasonable and necessary to aid in a relevant criminal
16 investigation.
17 Section 2546-D. Access and disclosure of patient records.
18 (a) Access to patient records.--Access to protected health
19 information of patients under the isolation, quarantine or care
20 of the public health authority shall be limited to those persons
21 having a legitimate need to acquire or use the information for
22 purposes of:
23 (1) providing treatment or care to the individual who is
24 the subject of the health information;
25 (2) conducting epidemiologic research; or
26 (3) investigating the causes of transmission.
27 (b) Disclosure of patient records.--Protected health
28 information held by the public health authority may not be
29 disclosed to other persons without specific informed consent of
30 the patient except for disclosures made:
20070H1791B2387 - 30 -
1 (1) directly to the patient;
2 (2) to the patient's immediate family members or life
3 partners;
4 (3) to appropriate Federal agencies or authorities;
5 (4) to health care personnel where needed to protect the
6 health or life of the patient who is the subject of the
7 information;
8 (5) pursuant to a court order or executive order of the
9 Governor, to avert a clear danger to an individual or the
10 public health; or
11 (6) to identify a deceased person or determine the
12 manner or cause of death.
13 Section 2547-D. Licensing and appointment of health personnel.
14 The public health authority may exercise, for such period as
15 the state of public health emergency exists, the following
16 emergency powers regarding licensing of health personnel:
17 (1) To appoint and prescribe the duties of such
18 emergency health care providers from other states as may be
19 reasonable and necessary for emergency response, subject to
20 the following provisions:
21 (i) The appointment of emergency health care
22 providers from other states pursuant to this section may
23 be for a limited or unlimited time, but shall not exceed
24 the termination of the state of public health emergency.
25 The public health authority may terminate the out-of-
26 State appointments at any time or for any reason provided
27 that such termination may not jeopardize the health,
28 safety and welfare of the people of this Commonwealth.
29 (ii) The public health authority may waive any or
30 all licensing requirements, permits or fees required by
20070H1791B2387 - 31 -
1 State law and applicable orders, rules or regulations for
2 health care providers from other jurisdictions to
3 practice in this Commonwealth.
4 (iii) An emergency health care provider from another
5 state appointed pursuant to this section may not be held
6 liable for any civil damages as a result of medical care
7 or treatment related to the emergency response unless
8 such damages result from providing or failing to provide
9 medical care or treatment under circumstances
10 demonstrating a reckless disregard for the consequences
11 so as to affect the life or health of the patient.
12 (2) To authorize the medical examiner or coroner to
13 appoint and prescribe the duties of such emergency assistant
14 medical examiners or coroners as may be required for the
15 proper performance of the duties of the office, subject to
16 the following provisions:
17 (i) The appointment of emergency assistant medical
18 examiners or coroners pursuant to this section may be for
19 a limited or unlimited time, but shall not exceed the
20 termination of the state of public health emergency. The
21 medical examiner or coroner may terminate the emergency
22 appointments at any time or for any reason, provided that
23 the termination may not impede the performance of the
24 duties of the office.
25 (ii) The medical examiner or coroner may waive any
26 or all licensing requirements, permits or fees required
27 by State law and applicable orders, rules or regulations
28 for the performance of these duties.
29 (iii) An emergency assistant medical examiner or
30 coroner appointed pursuant to this section and acting
20070H1791B2387 - 32 -
1 without malice and within the scope of the prescribed
2 duties shall be immune from civil liability in the
3 performance of such duties.
4 (f) Public Information Regarding Public
5 Health Emergency
6 Section 2551-D. Dissemination of information.
7 (a) General rule.--The public health authority shall inform
8 the people of this Commonwealth when a state of public health
9 emergency has been declared or terminated, how to protect
10 themselves and what actions are being taken to control the
11 emergency.
12 (b) Means of dissemination.--The public health authority
13 shall provide information by all available and reasonable means
14 calculated to bring the information promptly to the attention of
15 the general public.
16 (c) Languages.--If the public health authority has reason to
17 believe there are people of this Commonwealth who lack
18 sufficient skills in English to understand the information, the
19 public health authority shall make reasonable efforts to provide
20 the information in the primary languages of those people as well
21 as in English.
22 (d) Accessibility.--The provision of information shall be
23 made in a manner accessible to individuals with disabilities.
24 Section 2552-D. Provision of access to mental health support
25 personnel.
26 During and after a state of public health emergency, the
27 public health authority shall provide information about and
28 referrals to mental health support personnel to address
29 psychological responses to the public health emergency.
30 (g) Planning for Public Health Emergency
20070H1791B2387 - 33 -
1 Section 2561-D. Public Health Emergency Planning Commission.
2 A Public Health Emergency Planning Commission is established
3 and shall consist of the secretaries, or their designees, of
4 agencies the Governor deems relevant to public health emergency
5 preparedness and any other persons chosen by the Governor. The
6 Governor shall designate the chairperson of the commission.
7 Section 2562-D. Public health emergency plan.
8 (a) Content.--The commission shall, within six months of its
9 appointment, deliver to the Governor a plan for responding to a
10 public health emergency that includes provisions for the
11 following:
12 (1) A means of notifying and communicating with the
13 population during a state of public health emergency in
14 compliance with this article.
15 (2) Centralized coordination of resources, manpower and
16 services, including coordination of responses by Federal,
17 State and local agencies.
18 (3) The location, procurement, storage, transportation,
19 maintenance and distribution of essential materials,
20 including medical supplies, drugs, vaccines, food, shelter
21 and beds.
22 (4) The continued, effective operation of the judicial
23 system, including, if deemed necessary, the identification
24 and training of personnel to serve as emergency judges
25 regarding matters of isolation and quarantine as described in
26 this article.
27 (5) The method of evacuating populations and housing and
28 feeding evacuated populations.
29 (6) The identification and training of health care
30 providers to diagnose and treat persons with infectious
20070H1791B2387 - 34 -
1 diseases.
2 (7) Guidelines for the vaccination of persons, in
3 compliance with this article.
4 (8) Guidelines for the treatment of persons who have
5 been exposed to or who are infected with diseases or health
6 conditions caused by bioterrorism, epidemic or pandemic
7 disease or novel and highly fatal infectious agents or
8 biological toxins, that pose a substantial risk of a
9 significant number of fatalities or incidents of permanent or
10 long-term disability. The guidelines shall cover, but not be
11 limited to, the following diseases: anthrax, botulism,
12 smallpox, plague, tularemia and viral hemorrhagic fevers.
13 (9) Guidelines for the safe disposal of corpses, in
14 compliance with this article.
15 (10) Guidelines for the safe disposal of infectious
16 waste, in compliance with this article.
17 (11) Guidelines for the safe and effective management of
18 persons isolated, quarantined, vaccinated or treated during a
19 state of public health emergency.
20 (12) Tracking the source and outcomes of infected
21 persons.
22 (13) Ensuring that each municipality identifies the
23 following:
24 (i) Sites where persons may be isolated or
25 quarantined, with such sites complying with this article
26 regarding the least restrictive means for isolation and
27 quarantine and the requirements for the safety, health
28 and maintenance of personal dignity of those isolated or
29 quarantined.
30 (ii) Sites where medical supplies, food and other
20070H1791B2387 - 35 -
1 essentials may be distributed to the population.
2 (iii) Sites where emergency workers may be housed
3 and fed.
4 (iv) Routes and means of transportation of people
5 and materials.
6 (14) Coordination with the Federal Government and other
7 states.
8 (15) Taking into account cultural norms, values and
9 traditions that may be relevant.
10 (16) Distribution of the plan and guidelines to those
11 persons who will be responsible for implementing the plan.
12 (17) Other measures necessary to carry out the purposes
13 of this article.
14 (b) Review.--The commission shall review its plan for
15 responding to a public health emergency every two years.
16 (h) Miscellaneous Provisions
17 Section 2571-D. Rules and regulations.
18 The public health authority is authorized to promulgate and
19 implement such rules and regulations as are reasonable and
20 necessary to implement and effectuate the provisions of this
21 article.
22 Section 2572-D. Enforcement.
23 (a) General rule.--The public health authority shall have
24 the power to enforce the provisions of this article through the
25 imposition of fines and penalties, the issuance of orders and
26 such other remedies as are provided by law.
27 (b) Construction.--Nothing in this section shall be
28 construed to limit specific enforcement powers enumerated in
29 this article.
30 Section 2573-D. Financing and expenses.
20070H1791B2387 - 36 -
1 (a) Transfer of funds.--Subject to subsection (c), the
2 Governor may transfer from any fund available to the Governor in
3 the State Treasury such sums as may be necessary to meet the
4 public health emergency.
5 (b) Repayment.--Moneys transferred pursuant to subsection
6 (a) shall be repaid to the fund from which they were transferred
7 when moneys become available for that purpose, by legislative
8 appropriation or otherwise.
9 (c) Conditions.--A transfer of funds by the Governor
10 pursuant to this section may be made only when one or more of
11 the following conditions exists:
12 (1) No appropriation or other authorization is available
13 to meet the public health emergency.
14 (2) An appropriation is insufficient to meet the public
15 health emergency.
16 (3) Federal moneys available for such a public health
17 emergency require the use of State or other public moneys.
18 (d) Expenses.--All expenses incurred by this Commonwealth
19 during a state of public health emergency shall be subject to
20 the following limitations:
21 (1) No expense shall be incurred against the moneys
22 authorized under this section, without the approval of the
23 Governor.
24 (2) The aggregate amount of all expenses incurred under
25 the provisions of this section shall not exceed $10,000,000
26 for any fiscal year.
27 (3) Moneys authorized for a state of public health
28 emergency in prior fiscal years may be used in subsequent
29 fiscal years only for the public health emergency for which
30 they were authorized. Moneys authorized for a public health
20070H1791B2387 - 37 -
1 emergency in prior fiscal years and expended in subsequent
2 fiscal years for the public health emergency for which they
3 were authorized, apply toward the $10,000,000 expense limit
4 for the fiscal year in which they were authorized.
5 Section 2574-D. Liability.
6 (a) State immunity.--Neither the Commonwealth, its political
7 subdivisions, nor, except in cases of gross negligence or
8 willful misconduct, the Governor, the public health authority or
9 any other State official referenced in this article shall be
10 liable for the death of or any injury to persons or damage to
11 property as a result of complying with or attempting to comply
12 with this article or any rule or regulations promulgated
13 pursuant to this article.
14 (b) Private liability.--
15 (1) During a state of public health emergency, no person
16 owning or controlling real estate or other premises who
17 voluntarily and without compensation grants a license or
18 privilege or otherwise permits the designation or use of the
19 whole or any part or parts of such real estate or premises
20 for the purpose of sheltering persons, together with that
21 person's successors in interest, if any, shall be civilly
22 liable for negligently causing the death of or injury to any
23 person on or about such real estate or premises under such
24 license, privilege or other permission or for negligently
25 causing loss of or damage to the property of such person.
26 (2) During a state of public health emergency, no
27 private person, firm or corporation and employees and agents
28 of such person, firm or corporation in the performance of a
29 contract with and under the direction of the Commonwealth or
30 its political subdivisions under the provisions of this
20070H1791B2387 - 38 -
1 article shall be civilly liable for causing the death of or
2 injury to any person or damage to any property except in the
3 event of gross negligence or willful misconduct.
4 (3) During a state of public health emergency, no
5 private person, firm or corporation and employees and agents
6 of such person, firm or corporation who renders assistance or
7 advice at the request of the Commonwealth or its political
8 subdivisions under the provisions of this article shall be
9 civilly liable for causing the death of or injury to any
10 person or damage to any property except in the event of gross
11 negligence or willful misconduct.
12 (c) Applicability.--The immunities provided in this section
13 shall not apply to any private person, firm or corporation or
14 employees and agents of such person, firm or corporation whose
15 act or omission caused in whole or in part the public health
16 emergency and who would otherwise be liable therefor.
17 Section 2575-D. Compensation.
18 (a) Taking.--Compensation for property shall be made only if
19 private property is lawfully taken or appropriated by a public
20 health authority for its temporary or permanent use during a
21 state of public health emergency declared by the Governor
22 pursuant to this article.
23 (b) Actions.--Any action against the Commonwealth with
24 regard to the payment of compensation shall be brought in the
25 courts of this Commonwealth in accordance with existing court
26 laws and rules or any such rules that may be developed by the
27 courts for use during a state of public health emergency.
28 (c) Amount.--The amount of compensation shall be calculated
29 in the same manner as compensation due for taking of property
30 pursuant to eminent domain procedures, as provided in 26 Pa.C.S.
20070H1791B2387 - 39 -
1 (relating to Eminent Domain), except that the amount of
2 compensation calculated for items obtained under section 2536-D
3 shall be limited to the costs incurred to produce the item.
4 Section 2. The provisions of this act are severable. If any
5 provision of this act or its application to any person or
6 circumstances is held invalid in a Federal or State court having
7 jurisdiction, the invalidity will not affect other provisions or
8 applications of this act that can be given effect without the
9 invalid provision or application.
10 Section 3. This act does not explicitly preempt other laws
11 or regulations that preserve to a greater degree the powers of
12 the Governor or public health authority, provided such laws or
13 regulations are consistent and do not otherwise restrict or
14 interfere with the operation or enforcement of the provisions of
15 this act.
16 Section 4. This act shall not be construed to supersede any
17 provision of section 301 of the act of December 16, 2002
18 (P.L.1967, No.227), known as the Counterterrorism Planning,
19 Preparedness and Response Act.
20 Section 5. This act shall not be construed to restrict any
21 person from complying with Federal law or regulations.
22 Section 6. No later than 90 days after the effective date of
23 this act, and every 12 months thereafter, the Governor shall
24 transmit to the General Assembly a report that shall include:
25 (1) A description of the detection and tracking efforts
26 made under this act.
27 (2) A description of any state of public health
28 emergency declared under this act.
29 (3) A description of the emergency powers utilized under
30 this act.
20070H1791B2387 - 40 -
1 (4) A description of the moneys transferred and
2 liabilities and expenses incurred under this act.
3 Section 7. This act shall take effect immediately.
E23L71BIL/20070H1791B2387 - 41 -