PRIOR PRINTER'S NOS. 1764, 1855
PRINTER'S NO. 2007
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1189
Session of
2020
INTRODUCED BY K. WARD, KILLION, ARNOLD, MENSCH, VOGEL,
TOMLINSON, BARTOLOTTA, MARTIN, YAW, PITTMAN, HUTCHINSON,
BAKER, STEFANO AND SCAVELLO, JUNE 9, 2020
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 21, 2020
AN ACT
Amending the act of April 23, 1956 (1955 P.L.1510, No.500),
entitled "An act providing for the prevention and control of
communicable and non-communicable diseases including venereal
diseases, fixing responsibility for disease prevention and
control, requiring reports of diseases, and authorizing
treatment of venereal diseases, and providing for premarital
and prenatal blood tests; amending, revising and
consolidating the laws relating thereto; and repealing
certain acts," further providing for definitions and for
control measures.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of April 23, 1956 (1955
P.L.1510, No.500), known as the Disease Prevention and Control
Law of 1955, is amended by adding a subsection to read:
SECTION 1. SECTION 2(E) OF THE ACT OF APRIL 23, 1956 (1955
P.L.1510, NO.500), KNOWN AS THE DISEASE PREVENTION AND CONTROL
LAW OF 1955, IS AMENDED AND THE SECTION IS AMENDED BY ADDING A
SUBSECTION TO READ:
Section 2. Definitions.--
The following terms, whenever used in this act, have the
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meanings indicated in this section, except where the context
indicates a clearly different meaning:
* * *
(d.2) Facility. Any of the following:
(1) An assisted living residence as defined under section
1001 of the act of June 13, 1967 (P.L.31, No.21), known as the
"Human Services Code."
(2) A personal care home as defined under section 1001 of
the "Human Services Code."
(3) A long-term care nursing facility as defined under
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the "Health Care Facilities Act."
(E) ISOLATION. THE SEPARATION FOR THE PERIOD OF
COMMUNICABILITY OF INFECTED PERSONS OR ANIMALS FROM OTHER
PERSONS OR ANIMALS IN SUCH PLACES AND UNDER SUCH CONDITIONS AS
WILL PREVENT THE DIRECT OR INDIRECT TRANSMISSION OF THE
INFECTIOUS AGENT FROM INFECTED PERSONS OR ANIMALS TO OTHER
PERSONS OR ANIMALS WHO ARE SUSCEPTIBLE OR WHO MAY SPREAD THE
DISEASE TO OTHERS. THE TERM INCLUDES COHORTING ONLY INDIVIDUALS
WHO HAVE BEEN CONFIRMED POSITIVE FOR THE SAME COMMUNICABLE
DISEASE THROUGH A LABORATORY TEST.
* * *
Section 2. Section 5 of the act is amended to read:
Section 5. Control Measures.--
(a) Upon the receipt by a local board or department of
health or by the department, as the case may be, of a report of
a disease which is subject to isolation, quarantine, or any
other control measure, the local board or department of health
or the department shall carry out the appropriate control
measures in such manner and in such place as is provided by rule
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or regulation.
(b) Upon a proclamation of disaster emergency issued by the
Governor due to a communicable disease, and continuing until
sixty days after the expiration or termination of the
proclamation of disaster emergency by executive order,
proclamation or operation of law, the secretary must:
(1) Ensure no individual who is less than thirty days from
testing positive for a communicable disease or who is less than
thirty days from being asymptomatic of a communicable disease
shall be admitted to a facility without being placed in
isolation within the facility with dedicated personnel assigned
only to the area of isolation during the period of time in which
the personnel is working.
(2) Ensure facilities are adequately equipped to follow and
implement all recommendations and guidelines issued by the
Centers for Disease Control and Prevention and the Centers for
Medicare and Medicaid Services for the prevention and control of
a communicable disease within facilities.
(1) ENSURE THAT NO INDIVIDUAL WHO IS LESS THAN FOURTEEN DAYS
FROM TESTING POSITIVE FOR THE COMMUNICABLE DISEASE SUBJECT TO
THE DISASTER EMERGENCY OR WHO IS LESS THAN FOURTEEN DAYS FROM
BEING ASYMPTOMATIC OF THE COMMUNICABLE DISEASE SUBJECT TO THE
DISASTER EMERGENCY SHALL BE ADMITTED AS A RESIDENT TO A FACILITY
WITHOUT BEING PLACED IN ISOLATION WITHIN THE FACILITY WITH
DEDICATED PERSONNEL ASSIGNED ONLY TO THE AREA OF ISOLATION
DURING THE PERIOD OF TIME IN WHICH THE PERSONNEL IS WORKING. THE
FOLLOWING SHALL APPLY:
(I) NOTHING UNDER THIS SUBSECTION SHALL BE CONSTRUED TO
ALLOW THE SECRETARY TO FORCE THE ADMISSION OF AN INDIVIDUAL
WITHOUT THE CONSIDERATION OF AND IN CONFLICT WITH A FACILITY'S
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ADMISSIONS POLICY AND THE ABILITY OF A FACILITY TO CARE FOR THE
INDIVIDUAL SEEKING ADMISSION.
(II) THE ADMISSIONS POLICY OF A FACILITY SHALL BE CONSISTENT
WITH ANY RELEVANT GUIDELINES FOR THE PREVENTION AND CONTROL OF A
COMMUNICABLE DISEASE SUBJECT TO THE DISASTER EMERGENCY ISSUED BY
THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND THE CENTERS
FOR MEDICARE AND MEDICAID SERVICES.
(2) ENSURE THAT FACILITIES ARE ADEQUATELY EQUIPPED TO FOLLOW
AND IMPLEMENT RECOMMENDATIONS AND GUIDELINES ISSUED BY THE
CENTERS FOR DISEASE CONTROL AND PREVENTION AND THE CENTERS FOR
MEDICARE AND MEDICAID SERVICES FOR THE PREVENTION AND CONTROL OF
THE COMMUNICABLE DISEASE SUBJECT TO THE DISASTER EMERGENCY
WITHIN FACILITIES, INCLUDING PERSONAL PROTECTIVE EQUIPMENT FOR
INDIVIDUALS ADMITTED TO OR WORKING WITHIN THE FACILITY,
LABORATORY TESTING AND STAFF ACCESSIBILITY.
Section 3. This act shall take effect immediately.
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