THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY K. SMITH, BELFANTI, BRENNAN, BUXTON, CALTAGIRONE, CARROLL, FRANKEL, GEORGE, GRUCELA, HORNAMAN, KOTIK, LONGIETTI, MANDERINO, MELIO, MUNDY, MURT, M. O'BRIEN, READSHAW, SANTONI, SCAVELLO, SIPTROTH, STURLA, THOMAS, YOUNGBLOOD AND YUDICHAK, FEBRUARY 18, 2009

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 18, 2009  

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," providing for measures to

detect and track potential and existing public health

emergencies, for declaring state of public health emergency,

for control of property and persons during state of public

health emergency and for public information regarding and

planning for public health emergencies; and establishing the

Public Health Emergency Planning Commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding an

article to read:

ARTICLE XXV-D

EMERGENCY HEALTH POWERS AND PROCEDURES

(a)  Preliminary Provisions

Section 2501-D.  Short title.

This article shall be known and may be cited as the Emergency

Health Powers Act.

Section 2502-D.  Legislative findings.

The General Assembly finds that:

(1)  The Commonwealth must do more to protect the health,

safety and general well-being of its citizens.

(2)  New and emerging dangers, including emergent and

resurgent infectious diseases and incidents of civilian mass

casualties, pose serious and immediate threats.

(3)  A renewed focus on the prevention, detection,

management and containment of public health emergencies is

called for.

(4)  Emergency health threats, including those caused by

bioterrorism and epidemics, require the exercise of

extraordinary government functions.

(5)  The Commonwealth must have the ability to respond

rapidly and effectively to potential or actual public health

emergencies.

(6)  The exercise of emergency health powers must promote

the common good.

(7)  Emergency health powers must be grounded in a

thorough scientific understanding of public health threats

and disease transmission.

(8)  Guided by principles of justice, it is the duty of

the Commonwealth to act with fairness and tolerance toward

individuals and groups.

(9)  The rights of people to liberty, bodily integrity

and privacy must be respected to the fullest extent possible

consistent with the overriding importance of the public's

health and security.

(10)  This article is necessary to protect the health and

safety of the citizens of this Commonwealth.

Section 2503-D.  Purposes.

The purposes of this article are to:

(1)  Authorize the collection of data and records, the

control of property, the management of persons and access to

communications.

(2)  Facilitate the early detection of a health emergency

and allow for immediate investigation of such an emergency by

granting access to individuals' health information under

specified circumstances.

(3)  Grant State officials the authority to use and

appropriate property as necessary for the care, treatment and

housing of patients and for the destruction of contaminated

materials.

(4)  Grant State officials the authority to provide care

and treatment to persons who are ill or who have been exposed

to infection and to separate affected individuals from the

population at large for the purpose of interrupting the

transmission of infectious disease.

(5)  Ensure that the needs of infected or exposed persons

will be addressed to the fullest extent possible given the

primary goal of controlling serious health threats.

(6)  Provide State officials with the ability to prevent,

detect, manage and contain emergency health threats without

unduly interfering with civil rights and liberties.

(7)  Require the development of a comprehensive plan to

provide for a coordinated, appropriate response in the event

of a public health emergency.

Section 2504-D.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Bioterrorism."  The intentional use of any microorganism,

virus, infectious substance or biological product that may be

engineered as a result of biotechnology or any naturally

occurring or bioengineered component of any such microorganism,

virus, infectious substance or biological product to cause

death, disease or other biological malfunction in a human,

animal, plant or another living organism in order to influence

the conduct of government or to intimidate or coerce a civilian

population.

"Chain of custody."  The methodology of tracking specimens

for the purpose of maintaining control and accountability from

initial collection to final disposition of the specimens and

providing for accountability at each stage of collecting,

handling, testing, storing and transporting the specimens and

reporting test results.

"Commission."  The Public Health Emergency Planning

Commission.

"Contagious disease."  An infectious disease that can be

transmitted from person to person, animal to person or insect to

person.

"Health care facility."  A non-Federal institution, building

or agency, or portion thereof, whether for profit or nonprofit,

that is used, operated or designed to provide health services,

medical treatment or nursing, rehabilitative or preventive care

to any person or persons. The term includes, but is not limited

to, ambulatory surgical facilities, health maintenance

organizations, home health agencies, hospices, hospitals,

infirmaries, intermediate care facilities, kidney treatment

centers, long-term care facilities, medical assistance

facilities, mental health centers, outpatient facilities, public

health centers, rehabilitation facilities, residential treatment

facilities, skilled nursing facilities and adult day-care

centers. The term also includes, but is not limited to, the

following related property when used for or in connection with

the foregoing: laboratories, research facilities, pharmacies,

laundry facilities, health personnel training and lodging

facilities, patient, guest and health personnel food service

facilities and offices and office buildings for persons engaged

in health care professions or services.

"Health care provider."  A person or entity who provides

health care services. The term includes, but is not limited to,

hospitals, medical clinics and offices, special care facilities,

medical laboratories, physicians, pharmacists, dentists,

physician assistants, nurse practitioners, registered and other

nurses, paramedics, emergency medical or laboratory technicians

and ambulance and emergency medical workers.

"Infectious disease."  A disease caused by a living organism,

which disease may or may not be transmissible from person to

person, animal to person or insect to person.

"Infectious waste."  Any of the following:

(1)  Biological waste, including blood and blood

products, excretions, exudates, secretions, suctioning and

other body fluids and waste materials saturated with blood or

body fluids.

(2)  Cultures and stocks, including etiologic agents and

associated biologicals, specimen cultures and dishes and

devices used to transfer, inoculate and mix cultures, wastes

from production of biologicals and serums and discarded live

and attenuated vaccines.

(3)  Pathological waste, including biopsy materials and

all human tissues, anatomical parts that emanate from

surgery, obstetrical procedures, autopsy and laboratory

procedures and animal carcasses exposed to pathogens in

research and the bedding and other waste from such animals,

but not including teeth or formaldehyde or other preservative

agents.

(4)  Sharps, including needles, IV tubing with needles

attached, scalpel blades, lancets, glass tubes that could be

broken during handling and syringes that have been removed

from their original sterile containers.

"Isolation."  The compulsory physical separation, including

the restriction of movement or confinement, of individuals or

groups believed to have been exposed to or known to have been

infected with a contagious disease from individuals who are

believed not to have been exposed or infected, in order to

prevent or limit the transmission of the disease to others.

"Mental health support personnel."  This term includes, but

is not limited to, psychiatrists, psychologists, social workers

and volunteer crisis counseling groups.

"PA-NEDSS."  Pennsylvania's National Electronic Disease

Surveillance System, an Internet-based instrument utilized by

health care providers to report diseases and enable the

Department of Health to analyze data and respond immediately.

"Protected health information."  Information, whether oral,

written, electronic, visual, pictorial, physical or any other

form that relates to an individual's past, present or future

physical or mental health status, condition, treatment, service,

products purchased or provision of care, and that reveals the

identity of the individual whose health care is the subject of

the information, or where there is a reasonable basis to believe

such information could be utilized, either alone or with other

information that is or should reasonably be known to be

available to predictable recipients of such information, to

reveal the identity of that individual.

"Public health authority."  The Department of Health, a local

government agency that acts principally to protect or preserve

the public's health, a person authorized to act on behalf of the

Department of Health or local public health agency.

"Public health emergency."  An occurrence or imminent threat

of an illness or health condition, caused by bioterrorism,

epidemic or pandemic disease or novel and highly fatal

infectious agent or biological toxin, that poses a substantial

risk of a significant number of human fatalities or incidents of

permanent or long-term disability, where such illness or health

condition includes, but is not limited to, an illness or health

condition resulting from a natural disaster.

"Public safety authority."  The Pennsylvania Emergency

Management Agency, a local government agency that acts

principally to protect or preserve the public safety or a person

authorized to act on behalf of the Pennsylvania Emergency

Management Agency or local agency.

"Quarantine."  The term shall have the same meaning as the

term "isolation."

"Specimens."  The term includes, but is not limited to,

blood, sputum, urine, stool, other bodily fluids, wastes,

tissues and cultures necessary to perform required tests.

"Tests."  The term includes, but is not limited to, any

diagnostic or investigative analysis necessary to prevent the

spread of disease or protect the public's health, safety and

welfare.

(b)  Measures to Detect and Track Potential and

Existing Public Health Emergencies

Section 2511-D.  Reporting.

(a)  Illness or health condition.--

(1)  A health care provider, coroner or medical examiner

shall report all cases of persons who harbor any illness or

health condition that may be caused by bioterrorism, epidemic

or pandemic disease or novel and highly fatal infectious

agents or biological toxins and might pose a substantial risk

of a significant number of human fatalities or incidents of

permanent or long-term disability.

(2)  Such illnesses and health conditions include, but

are not limited to, the diseases caused by the biological

agents listed in 42 CFR 73.3(b) (relating to HHS select

agents and toxins) and any illnesses or health conditions

identified by the public health authority as potential causes

of a public health emergency.

(b)  Pharmacists.--

(1)  In addition to the requirements of subsection (a)

for health care providers, a pharmacist shall report any

unusual or increased prescription rates, unusual types of

prescriptions or unusual trends in pharmacy visits that may

be caused by bioterrorism, epidemic or pandemic disease or

novel and highly fatal infectious agents or biological toxins

and might pose a substantial risk of a significant number of

human fatalities or incidents of permanent or long-term

disability.

(2)  Prescription-related events that require a report

include, but are not limited to, any of the following:

(i)  An unusual increase in the number of

prescriptions to treat fever, respiratory or

gastrointestinal complaints.

(ii)  An unusual increase in the number of

prescriptions for antibiotics.

(iii)  An unusual increase in the number of requests

for information on over-the-counter pharmaceuticals to

treat fever, respiratory or gastrointestinal complaints.

(iv)  Any prescription that treats a disease that is

relatively uncommon and has bioterrorism potential.

(c)  Manner of reporting.--The report shall be made within 24

hours to the public health authority in writing or via PA-NEDSS

or another electronic disease surveillance system approved by

the Department of Health. The report shall include the following

information, if available:

(1)  The patient's name, date of birth, sex, race and

current address, including municipality and county.

(2)  The name and address of the health care provider,

coroner or medical examiner and of the reporting individual,

if different.

(3)  Any other information needed to locate the patient

for follow up.

(4)  For cases related to animal or insect bites, the

suspected locating information of the biting animal or insect

and the name and address of any known owner.

(d)  Animal diseases.--

(1)  A veterinarian, livestock owner, veterinary

diagnostic laboratory director or other person having the

care of animals shall report animals having or suspected of

having any disease that may be caused by bioterrorism,

epidemic or pandemic disease or novel and highly fatal

infectious agents or biological toxins and might pose a

substantial risk of a significant number of human and animal

fatalities or incidents of permanent or long-term disability.

(2)  The report shall be made in writing within 24 hours

to the public health authority and shall include the

following information, if available:

(i)  The suspected locating information of the

animal.

(ii)  The name and address of any known owner.

(iii)  The name and address of the reporting

individual.

(e)  Enforcement.--The public health authority may enforce

the provisions of this section in accordance with existing

enforcement rules and regulations.

(f)  Definition.--As used in this section, the term "health

care provider" includes an out-of-State medical laboratory,

provided that the laboratory has agreed to the reporting

requirements of this Commonwealth. Results must be reported by

the laboratory that performs the test, but a laboratory in this

Commonwealth that sends specimens to a laboratory outside this

Commonwealth shall also report the results.

Section 2512-D.  Tracking.

(a)  General rule.--The public health authority shall:

(1)  Ascertain the existence of cases of an illness or

health condition caused by bioterrorism, epidemic or pandemic

disease or novel and highly fatal infectious agent or

biological toxin that poses a substantial risk of a

significant number of human fatalities or incidents of

permanent or long-term disability.

(2)  Investigate all such cases for sources of infection

and ensure that they are subject to proper control measures.

(3)  Define the distribution of the illness or health

condition.

(b)  Identification of exposed individuals.--To fulfill these

duties, the public health authority shall identify exposed

individuals as follows:

(1)  Acting on information developed in accordance with

section 2511-D or other reliable information, the public

health authority shall identify all individuals thought to

have been exposed to an illness or health condition caused by

bioterrorism, epidemic or pandemic disease or novel and

highly fatal infectious agents or biological toxins that

poses a substantial risk of a significant number of human

fatalities or incidents of permanent or long-term disability.

(2)  The public health authority shall counsel and

interview such individuals as appropriate to assist in the

positive identification of exposed individuals and develop

information relating to the source and spread of the illness

or health condition. Such information includes the name and

address, including city and county, of any person from whom

the illness or health condition may have been contracted and

to whom the illness or health condition may have spread.

(3)  The public health authority shall, for examination

purposes, close, evacuate or decontaminate any facility or

decontaminate or destroy any material when the authority

reasonably suspects that such facility or material may

endanger the public health.

(c)  Enforcement.--An order of the public health authority

given to effectuate the purposes of this section shall be

enforceable immediately by the public safety authority.

Section 2513-D.  Information sharing.

(a)  Duty of public safety authority.--Whenever the public

safety authority learns of a case of a reportable illness or

health condition, an unusual cluster or a suspicious event, it

shall immediately notify the public health authority.

(b)  Duty of public health authority.--Whenever the public

health authority learns of a case of a reportable illness or

health condition, an unusual cluster or a suspicious event that

it reasonably believes has the potential to be caused by

bioterrorism, it shall immediately notify the appropriate public

safety authority and Federal health and public safety

authorities.

(c)  Limitation.--Sharing of information on reportable

illnesses, health conditions, unusual clusters or suspicious

events between authorized personnel shall be limited to

information necessary for the treatment, control, investigation

and prevention of a public health emergency.

(c)  Declaring State of Public Health Emergency

Section 2521-D.  Standards for declaration.

(a)  Declaration by Governor.--

(1)  A state of public health emergency shall be declared

by the Governor if the Governor finds an occurrence or

imminent threat of an illness or health condition caused by

bioterrorism, epidemic or pandemic disease or novel and

highly fatal infectious agents or biological toxins that

poses a substantial risk of a significant number of human

fatalities or incidents of permanent or long-term disability.

The declaration shall be published as a notice in the

Pennsylvania Bulletin.

(2)  To make such a finding, the Governor shall consult

with the public health authority and may consult with any

public health and other experts as needed.

(b)  Construction.--Nothing in the duty of the Governor to

consult with the public health authority or the discretion to

consult with public health or other experts shall be construed

to limit the Governor's authority to act without such

consultation when the situation calls for prompt and timely

action.

Section 2522-D.  Procedures for declaration.

The state of public health emergency shall be declared by an

executive order that indicates:

(1)  The nature of the public health emergency.

(2)  The area that is or may be threatened.

(3)  The conditions that have brought about the public

health emergency.

Section 2523-D.  Effect of declaration.

(a)  General rule.--The declaration of a state of public

health emergency shall activate the disaster response and

recovery aspects of the State, local and interjurisdictional

disaster emergency plans in the affected political subdivision

or area. The declaration shall authorize the deployment and use

of any forces to which the plans apply and the use or

distribution of any supplies, equipment and materials and

facilities assembled, stockpiled or arranged to be made

available pursuant to this article.

(b)  Emergency powers of Governor.--During a state of public

health emergency, the Governor may:

(1)  Suspend the provisions of any regulatory statute

prescribing procedures for conducting State business or the

orders, rules and regulations of any State agency if strict

compliance with the same would prevent, hinder or delay

necessary action, including emergency purchases, by the

public health authority to respond to the public health

emergency and increase the health threat to the population.

The suspension shall be published as a notice in the

Pennsylvania Bulletin.

(2)  Utilize all available resources of the State

government and its political subdivisions, as reasonably

necessary to respond to the public health emergency.

(3)  Transfer the direction, personnel or functions of

State departments and agencies to perform or facilitate

response and recovery programs regarding the public health

emergency.

(4)  Mobilize all or any part of the Pennsylvania

National Guard into service of the Commonwealth. An order

directing the Pennsylvania National Guard to report for

active duty shall state the purpose for which it is mobilized

and the objectives to be accomplished.

(5)  Provide aid to and seek aid from other states in

accordance with any interstate emergency compact made with

the Commonwealth.

(c)  Coordination by public health authority.--The public

health authority shall coordinate all matters pertaining to the

public health emergency response of the Commonwealth. The public

health authority shall have primary jurisdiction, responsibility

and authority for:

(1)  Planning and executing public health emergency

assessment, mitigation, preparedness response and recovery

for the Commonwealth.

(2)  Coordinating public health emergency response

between State and political subdivisions.

(3)  Collaborating with relevant Federal Government

authorities, elected officials of other states, private

organizations or private sector companies.

(4)  Coordinating recovery operations and mitigation

initiatives subsequent to public health emergencies.

(5)  Organizing public information activities regarding

State public health emergency response operations.

(d)  Identification.--After the declaration of a state of

public health emergency, special identification for all public

health personnel working during the emergency shall be issued by

the Governor or public health authority as soon as possible. The

identification shall indicate the authority of the bearer to

exercise public health functions and emergency powers during the

state of public health emergency. Public health personnel shall

wear the identification in plain view.

Section 2524-D.  Enforcement.

During a state of public health emergency, the public health

authority may request assistance in enforcing orders pursuant to

this article from the public safety authority. The public safety

authority may request assistance, with the approval of the

Governor, from the Pennsylvania National Guard in enforcing the

orders of the public health authority.

Section 2525-D.  Termination of declaration.

(a)  Executive order.--The Governor shall terminate the state

of public health emergency by executive order upon finding that

the occurrence of an illness or health condition caused by

bioterrorism, epidemic or pandemic disease or novel and highly

fatal infectious agents or biological toxins no longer poses a

substantial risk of a significant number of human fatalities or

incidents of permanent or long-term disability or that the

imminent threat of such an occurrence has passed. The executive

order shall be published as a notice in the Pennsylvania

Bulletin.

(b)  Automatic termination.--

(1)  Notwithstanding any other provision of this article,

a state of public health emergency shall be terminated

automatically 30 days after its declaration unless renewed by

the Governor under the same standards and procedures set

forth in this article for a declaration of a state of public

health emergency.

(2)  Any such renewal shall also be terminated

automatically after 30 days unless renewed by the Governor

under the same standards and procedures set forth in this

article for a declaration of a state of public health

emergency.

(c)  State legislature.--By a two-thirds vote of both

chambers, the General Assembly may terminate a state of public

health emergency after 60 days from the date of original

declaration upon finding that the occurrence of an illness or

health condition caused by bioterrorism, epidemic or pandemic

disease or novel and highly fatal infectious agents or

biological toxins no longer poses a substantial risk of a

significant number of human fatalities or incidents of permanent

or long-term disability or that the imminent threat of such an

occurrence has passed. Such a termination by the General

Assembly shall supersede any renewal by the Governor.

(d)  Content of termination order.--All orders terminating a

state of public health emergency shall indicate:

(1)  The nature of the emergency.

(2)  The area that was threatened.

(3)  The conditions that make possible the termination of

the state of public health emergency.

(d)  Control of Property During State of Public

Health Emergency

Section 2531-D.  Emergency measures concerning dangerous

facilities and materials.

The public health authority may exercise, for such period as

the state of public health emergency exists, the following

powers:

(1)  To close, direct and compel the evacuation of or to

decontaminate or cause to be decontaminated any facility of

which there is reasonable cause to believe that it may

endanger the public health.

(2)  To decontaminate or cause to be decontaminated or

destroy any material of which there is reasonable cause to

believe that it may endanger the public health.

Section 2532-D.  Access to and control of facilities and

property.

The public health authority may exercise, for such period as

the state of public health emergency exists, the following

powers concerning facilities, materials, roads or public areas:

(1)  To procure, by condemnation or otherwise, construct,

lease, transport, store, maintain, renovate or distribute

materials and facilities as may be reasonable and necessary

for emergency response, with the right to take immediate

possession thereof. Such materials and facilities include,

but are not limited to, communication devices, carriers, real

estate, fuels, food, clothing and health care facilities.

(2)  To compel a health care facility to provide services

or the use of its facility if such services or use are

reasonable and necessary for emergency response. The use of

the health care facility may include transferring the

management and supervision of the health care facility to the

public health authority for a limited or unlimited period of

time, but shall not exceed the termination of the state of

public health emergency.

(3)  To control, restrict and regulate by rationing and

using quotas, prohibitions on shipments, price fixing,

allocation or other means, the use, sale, dispensing,

distribution or transportation of food, fuel, clothing and

other commodities, alcoholic beverages, firearms, explosives

and combustibles, as may be reasonable and necessary for

emergency response.

(4)  To prescribe routes, modes of transportation and

destinations in connection with evacuation of persons or the

provisions of emergency services.

(5)  To control ingress and egress to and from any

stricken or threatened public area, the movement of persons

within the area and the occupancy of premises therein, if

such action is reasonable and necessary for emergency

response.

Section 2533-D.  Safe disposal of infectious waste.

The public health authority may exercise, for such period as

the state of public health emergency exists, the following

powers regarding the safe disposal of infectious waste:

(1)  To adopt and enforce measures to provide for the

safe disposal of infectious waste as may be reasonable and

necessary for emergency response. Such measures may include,

but are not limited to, the collection, storage, handling,

destruction, treatment, transportation and disposal of

infectious waste.

(2)  To compel any business or facility authorized to

collect, store, handle, destroy, treat, transport and dispose

of infectious waste under the laws of this Commonwealth and

any landfill business or other such property to accept

infectious waste or provide services or the use of the

business, facility or property, if such action is reasonable

and necessary for emergency response. The use of the

business, facility or property may include transferring the

management and supervision of such business, facility or

property to the public health authority for a limited or

unlimited period of time, but shall not exceed the

termination of the state of public health emergency.

(3)  To procure, by condemnation or otherwise, any

business or facility authorized to collect, store, handle,

destroy, treat, transport and dispose of infectious waste

under the laws of this Commonwealth and any landfill business

or other such property as may be reasonable and necessary for

emergency response, with the right to take immediate

possession thereof.

(4)  To require that all bags, boxes or other containers

for infectious waste be clearly identified as containing

infectious waste.

Section 2534-D.  Safe disposal of corpses.

The public health authority may exercise, for such period as

the state of public health emergency exists, the following

powers regarding the safe disposal of corpses:

(1)  To adopt and enforce measures to provide for the

safe disposal of corpses as may be reasonable and necessary

for emergency response. Such measures may include, but are

not limited to, the embalming, burial, cremation, interment,

disinterment, transportation and disposal of corpses.

(2)  To take possession or control of any corpse.

(3)  To order the disposal of any corpse of a person who

died of an infectious disease through burial or cremation

within 24 hours after death.

(4)  To compel any business or facility authorized to

embalm, bury, cremate, inter, disinter, transport and dispose

of corpses under the laws of this Commonwealth to accept any

corpse or provide the use of its business or facility if such

actions are reasonable and necessary for emergency response.

The use of the business or facility may include transferring

the management and supervision of such business or facility

to the public health authority for a limited or unlimited

period of time, but shall not exceed the termination of the

state of public health emergency.

(5)  To procure, by condemnation or otherwise, any

business or facility authorized to embalm, bury, cremate,

inter, disinter, transport and dispose of corpses under the

laws of this Commonwealth as may be reasonable and necessary

for emergency response, with the right to take immediate

possession thereof.

(6)  To require that any corpse, prior to disposal, be

clearly labeled with all available information to identify

the decedent and the circumstances of death. Any corpse of a

person with an infectious disease shall have an external,

clearly visible tag indicating that the corpse is infected

and, if known, the infectious disease.

(7)  To require that any person in charge of disposing of

a corpse shall maintain a written record of the corpse and

all available information to identify the decedent and the

circumstances of death and disposal. If a corpse cannot be

identified, prior to disposal a qualified person shall, to

the extent possible, take fingerprints and one or more

photographs of the corpse and collect a DNA specimen. All

information gathered under this paragraph shall be promptly

forwarded to the public health authority.

Section 2535-D.  Control of health care supplies.

(a)  Procurement.--The public health authority may purchase

and distribute antitoxins, serums, vaccines, immunizing agents,

antibiotics and other pharmaceutical agents or medical supplies

that it deems advisable in the interest of preparing for or

controlling a public health emergency, without any additional

legislative authorization.

(b)  Rationing.--

(1)  If a state of public health emergency results in a

Statewide or regional shortage or threatened shortage of any

product covered by subsection (a), whether or not such

product has been purchased by the public health authority,

the public health authority may control, restrict and

regulate by rationing and using quotas, prohibitions on

shipments, price fixing, allocation or other means, the use,

sale, dispensing, distribution or transportation of the

relevant product necessary to protect the health, safety and

welfare of the people of this Commonwealth.

(2)  In making rationing or other supply and distribution

decisions, the public health authority may give preference to

health care providers, disaster response personnel and

mortuary staff.

(c)  Distribution.--

(1)  During a state of public health emergency, the

public health authority may procure, store or distribute any

antitoxins, serums, vaccines, immunizing agents, antibiotics

and other pharmaceutical agents or medical supplies located

within this Commonwealth as may be reasonable and necessary

for emergency response, with the right to take immediate

possession thereof.

(2)  If a public health emergency simultaneously affects

more than one state, nothing in this section shall be

construed to allow the public health authority to obtain

antitoxins, serums, vaccines, immunizing agents, antibiotics

and other pharmaceutical agents or medical supplies for the

primary purpose of hoarding such items or preventing their

fair and equitable distribution among affected states.

Section 2536-D.  Compensation.

The Commonwealth shall pay just compensation to the owner of

any facility or materials that are lawfully taken or

appropriated by a public health authority for its temporary or

permanent use under this article according to the procedures and

standards set forth in section 2575-D. Compensation may not be

provided for facilities or materials that are closed, evacuated,

decontaminated or destroyed when there is reasonable cause to

believe that they may endanger the public health pursuant to

section 2531-D.

Section 2537-D.  Destruction of property.

To the extent practicable, consistent with the protection of

public health, prior to the destruction of any property under

this article, the public health authority shall institute

appropriate civil proceedings against the property to be

destroyed in accordance with the existing laws and rules of the

courts of this Commonwealth or any such rules that may be

developed by the courts for use during a state of public health

emergency. Any property acquired by the public health authority

through such proceedings shall, after entry of the decree, be

disposed of by destruction as the court may direct.

(e)  Control of Persons During Public Health Emergency

Section 2541-D.  Control of individuals.

During a state of public health emergency, the public health

authority shall use every available means to prevent the

transmission of infectious disease and to ensure that all cases

of infectious disease are subject to proper control and

treatment.

Section 2542-D.  Mandatory medical examinations.

(a)  Powers of public health authority.--The public health

authority may exercise, for such period as the state of public

health emergency exists, the following emergency powers over

persons:

(1)  To compel a person to submit to a physical

examination or testing, or both, as necessary to diagnose or

treat the person subject to the following:

(i)  The medical examination or testing may be

performed by any qualified person authorized by the

public health authority.

(ii)  The medical examination or testing may not be

reasonably likely to result in serious harm to the

affected individual.

(iii)  The medical examination or testing shall be

performed immediately upon the order of the public health

authority without resort to judicial or quasi-judicial

authority.

(iv)  If the public health authority is uncertain

whether a person who refuses to undergo medical

examination or testing may have been exposed to an

infectious disease or otherwise poses a danger to public

health, the public health authority may subject the

individual to isolation or quarantine as provided in this

article.

(2)  To require any physician or other health care

provider to perform the medical examination or testing, or

both.

(b)  Enforcement.--An order of the public health authority

given to effectuate the purposes of this section shall be

immediately enforceable by any law enforcement officer.

(c)  Penalty.--A person who refuses to submit or perform a

medical examination or test under this section commits a

misdemeanor of the third degree.

Section 2543-D.  Isolation and quarantine.

(a)  State policy and powers.--

(1)  It is the policy of the Commonwealth that the

individual dignity of any person isolated or quarantined

during a state of public health emergency shall be respected

at all times and upon all occasions.

(2)  The needs of persons isolated or quarantined shall

be addressed in a systematic and competent fashion.

(3)  To the extent possible, the premises in which

persons are isolated or quarantined shall be maintained in

safe and hygienic manners, designed to minimize the

likelihood of further transmission of infection or other harm

to persons subject to isolation or quarantine.

(4)  Adequate food, clothing, medication and other

necessities and competent medical care shall be provided to

persons who are isolated or quarantined.

(5)  The public health authority may exercise, for such

period as the state of public health emergency exists, the

following emergency powers over persons:

(i)  To establish and maintain places of isolation

and quarantine.

(ii)  To require isolation or quarantine of any

person by the least restrictive means necessary to

protect the public health. All reasonable means shall be

taken to prevent the transmission of infection among the

isolated or quarantined individuals.

(b)  Individual cooperation.--A person subject to isolation

or quarantine:

(1)  Shall comply with the public health authority's

rules and orders.

(2)  Shall not go beyond the isolation or quarantine

premises.

(3)  Shall not put himself in contact with any person not

subject to isolation or quarantine other than a physician or

other health care provider, public health authority or person

authorized to enter an isolation or quarantine premises by

the public health authority.

(c)  Unauthorized entry.--No person other than a person

authorized by the public health authority shall enter an

isolation or quarantine premises. If, by reason of an

unauthorized entry into an isolation or quarantine premises, the

person poses a danger to public health, that person may be

subject to isolation or quarantine pursuant to the provisions of

this article.

(d)  Termination.--Isolation or quarantine of any person

shall be terminated when the public health authority determines

that such isolation or quarantine of such person is no longer

necessary to protect the public health.

(e)  Due process.--

(1)  Before isolating or quarantining a person, the

public health authority shall obtain a written, ex parte

order from a court of this Commonwealth authorizing such

action. The court shall grant such order upon finding that

probable cause exists to believe isolation or quarantine is

warranted pursuant to the provisions of this article. A copy

of the authorizing order shall be given to the person

isolated or quarantined, along with notification that the

person has a right to a hearing under this paragraph.

(2)  Notwithstanding paragraph (1), the public health

authority may isolate or quarantine a person without first

obtaining a written, ex parte order from the court if any

delay in the isolation or quarantine of the person would pose

an immediate threat to the public health. Following such

isolation or quarantine, the public health authority shall

promptly obtain a written, ex parte order from the court

authorizing the isolation or quarantine.

(3)  A person isolated or quarantined pursuant to the

provisions of paragraph (1) or (2) shall have the right to a

court hearing to contest the ex parte order. If such person,

or person's representative, requests a hearing, the hearing

shall be held within 72 hours of receipt of such request,

excluding Saturdays, Sundays and legal holidays. The request

shall be in writing. A request for a hearing shall not stay

the order of isolation or quarantine. At the hearing, the

public health authority must show that the isolation or

quarantine is warranted pursuant to the provisions of this

section.

(4)  On or after 30 days following a hearing on the ex

parte order or such hearing as is provided for this

subsection, a person isolated or quarantined pursuant to the

provisions of this section may request in writing a court

hearing to contest that person's continued isolation or

quarantine. The hearing shall be held within 72 hours of

receipt of such request, excluding Saturdays, Sundays and

legal holidays. A request for a hearing shall not alter the

order of isolation or quarantine. At the hearing, the public

health authority must show that continuation of the isolation

or quarantine is warranted pursuant to the provisions of this

section.

(5)  A person isolated or quarantined pursuant to the

provisions of this section may request a hearing in the

courts of this Commonwealth for remedies regarding that

person's treatment and the terms and conditions of such

isolation or quarantine. Upon receiving a request for either

type of hearing described in this paragraph, the court shall

fix a date for a hearing. The hearing shall take place within

ten days of the receipt of the request by the court. The

request for a hearing shall not alter the order of isolation

or quarantine.

(6)  If, upon hearing, the court finds that the isolation

or quarantine of the individual is not warranted under the

provisions of this section, then the person shall be released

from isolation or quarantine. If the court finds that the

isolation or quarantine of the individual is not in

compliance with the provisions of subsection (a), the court

may then fashion remedies appropriate to the circumstances of

the state of public health emergency and in keeping with the

provisions of this article.

(7)  Judicial decisions shall be based upon clear and

convincing evidence, and a written record of the disposition

of the case shall be made and retained. The petitioner shall

have the right to be represented by counsel or other lawful

representative. The manner in which the request for a hearing

is filed and acted upon will be in accordance with the

existing laws and rules of the courts of this Commonwealth or

any such rules that are developed by the courts for use

during a state of public health emergency.

(f)  Penalty.--A person who fails to comply with the

provisions of subsection (b) or (c) commits a misdemeanor of the

third degree.

Section 2544-D.  Vaccination and treatment.

(a)  Powers of public health authority.--The public health

authority may, for such period as the state of public health

emergency exists, compel a person to be vaccinated or treated,

or both, for an infectious disease subject to the following

provisions:

(1)  Vaccination may be performed by any qualified person

authorized by the public health authority.

(2)  A vaccine may not be given if the public health

authority has reason to know that a particular individual is

likely to suffer serious harm from the vaccination.

(3)  Treatment may be performed by any qualified person

authorized by the public health authority.

(4)  Treatment must not be such as is reasonably likely

to lead to serious harm to the affected individual.

(b)  Refusal.--If, by reason of refusal of vaccination or

treatment, the person poses a danger to the public health, the

person may be isolated or quarantined pursuant to the provisions

of this article.

(c)  Enforcement.--An order of the public health authority

given to effectuate the purposes of this section shall be

immediately enforceable by any peace officer.

(d)  Penalty.--A person who fails to comply with this section

commits a misdemeanor of the third degree.

Section 2545-D.  Collection of laboratory specimens; performance

of tests.

The public health authority may, for such period as the state

of public health emergency exists, collect specimens and perform

tests on any person or animal, living or deceased, and may

acquire any previously collected specimens or test results that

are reasonable and necessary for emergency response subject to

the following provisions:

(1)  A specimen shall be clearly marked.

(2)  Specimen collection, handling, storage and transport

to a testing site shall be performed in a manner that will

reasonably preclude specimen contamination or adulteration

and provide for the safe collection, storage, handling and

transport of the specimen.

(3)  A person authorized to collect specimens or perform

tests shall use chain of custody procedures to ensure proper

recordkeeping, handling, labeling and identification of

specimens to be tested. This requirement applies to all

specimens, including specimens collected using onsite testing

kits.

(4)  A business, facility or agency authorized to collect

specimens or perform tests shall provide such support as is

reasonable and necessary to aid in a relevant criminal

investigation.

Section 2546-D.  Access and disclosure of patient records.

(a)  Access to patient records.--Access to protected health

information of patients under the isolation, quarantine or care

of the public health authority shall be limited to those persons

having a legitimate need to acquire or use the information for

purposes of:

(1)  providing treatment or care to the individual who is

the subject of the health information;

(2)  conducting epidemiological research; or

(3)  investigating the causes of transmission.

(b)  Disclosure of patient records.--Protected health

information held by the public health authority may not be

disclosed to other persons without specific informed consent of

the patient except for disclosures made:

(1)  directly to the patient;

(2)  to the patient's immediate family members or life

partners;

(3)  to appropriate Federal agencies or authorities;

(4)  to health care personnel where needed to protect the

health or life of the patient who is the subject of the

information;

(5)  pursuant to a court order or executive order of the

Governor, to avert a clear danger to an individual or the

public health; or

(6)  to identify a deceased person or determine the

manner or cause of death.

Section 2547-D.  Licensing and appointment of health personnel.

The public health authority may exercise, for such period as

the state of public health emergency exists, the following

emergency powers regarding licensing of health personnel:

(1)  To appoint and prescribe the duties of such

emergency health care providers from other states as may be

reasonable and necessary for emergency response, subject to

the following provisions:

(i)  The appointment of emergency health care

providers from other states pursuant to this section may

be for a limited or unlimited time, but shall not exceed

the termination of the state of public health emergency.

The public health authority may terminate the out-of-

State appointments at any time or for any reason provided

that such termination may not jeopardize the health,

safety and welfare of the people of this Commonwealth.

(ii)  The public health authority may waive any or

all licensing requirements, permits or fees required by

State law and applicable orders, rules or regulations for

health care providers from other jurisdictions to

practice in this Commonwealth.

(iii)  An emergency health care provider from another

state appointed pursuant to this section may not be held

liable for any civil damages as a result of medical care

or treatment related to the emergency response unless

such damages result from providing or failing to provide

medical care or treatment under circumstances

demonstrating a reckless disregard for the consequences

so as to affect the life or health of the patient.

(2)  To authorize the medical examiner or coroner to

appoint and prescribe the duties of such emergency assistant

medical examiners or coroners as may be required for the

proper performance of the duties of the office, subject to

the following provisions:

(i)  The appointment of emergency assistant medical

examiners or coroners pursuant to this section may be for

a limited or unlimited time, but shall not exceed the

termination of the state of public health emergency. The

medical examiner or coroner may terminate the emergency

appointments at any time or for any reason, provided that

the termination may not impede the performance of the

duties of the office.

(ii)  The medical examiner or coroner may waive any

or all licensing requirements, permits or fees required

by State law and applicable orders, rules or regulations

for the performance of these duties.

(iii)  An emergency assistant medical examiner or

coroner appointed pursuant to this section and acting

without malice and within the scope of the prescribed

duties shall be immune from civil liability in the

performance of such duties.

(f)  Public Information Regarding Public

Health Emergency

Section 2551-D.  Dissemination of information.

(a)  General rule.--The public health authority shall inform

the people of this Commonwealth when a state of public health

emergency has been declared or terminated, how to protect

themselves and what actions are being taken to control the

emergency.

(b)  Means of dissemination.--The public health authority

shall provide information by all available and reasonable means

calculated to bring the information promptly to the attention of

the general public.

(c)  Languages.--If the public health authority has reason to

believe there are people of this Commonwealth who lack

sufficient skills in English to understand the information, the

public health authority shall make reasonable efforts to provide

the information in the primary languages of those people as well

as in English.

(d)  Accessibility.--The provision of information shall be

made in a manner accessible to individuals with disabilities.

Section 2552-D.  Provision of access to mental health support

personnel.

During and after a state of public health emergency, the

public health authority shall provide information about and

referrals to mental health support personnel to address

psychological responses to the public health emergency.

(g)  Planning for Public Health Emergency

Section 2561-D.  Public Health Emergency Planning Commission.

A Public Health Emergency Planning Commission is established

and shall consist of the secretaries, or their designees, of

agencies the Governor deems relevant to public health emergency

preparedness and any other persons chosen by the Governor. The

Governor shall designate the chairperson of the commission.

Section 2562-D.  Public health emergency plan.

(a)  Content.--The commission shall, within six months of its