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 20070H1791B2387 - 2 -
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 20070H1791B2387 - 3 -
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 20070H1791B2387 - 4 -
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. 20070H1791B2387 - 5 -
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. 20070H1791B2387 - 6 -
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 20070H1791B2387 - 7 -
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) 20070H1791B2387 - 8 -
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. 20070H1791B2387 - 9 -
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 20070H1791B2387 - 10 -
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 20070H1791B2387 - 11 -
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. 20070H1791B2387 - 12 -
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 20070H1791B2387 - 13 -
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 20070H1791B2387 - 14 -
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 20070H1791B2387 - 15 -
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 20070H1791B2387 - 16 -
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. 20070H1791B2387 - 17 -
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 20070H1791B2387 - 18 -
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 20070H1791B2387 - 19 -
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, 20070H1791B2387 - 20 -
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.-- 20070H1791B2387 - 24 -
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. 20070H1791B2387 - 25 -
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 -