http://www.assembly.ca.gov/acs/acsframeset2text.htm
BILL NUMBER: AB 1763 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Richman
JANUARY 8, 2002
An act to add Division 111 (commencing with Section 130350) to the
Health and Safety Code, relating to public health, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1763, as introduced, Richman. Emergency Health Powers Act.
Existing law makes various provisions for the prevention of
disease and the promotion of health, and imposes various requirements
on the State Department of Health Services in this regard.
This bill would enact the Emergency Health Powers Act. The bill
would require the Governor to appoint a Public Health Emergency
Planning Commission with a specified membership that would be
required to submit to the Governor a designated public health
emergency plan.
The bill would designate the State Department of Health Services,
a local governmental agency that has principal responsibility to
protect the public's health, and any person designated by the
department or local governmental agency, as public health authorities
for purposes of the act, and would require a public health authority
to ascertain the existence of cases of any illness or health
condition that may be the cause of a public health emergency, as
defined by the bill.
This bill would require health care providers, coroners, medical
examiners, pharmacists, and veterinarians and other persons who care
for animals to report certain information to the state and local
public health authorities. The bill would require a public health
authority and any public safety authority, as defined by, to share
certain necessary information.
By imposing new duties on local public health authorities,
coroners, medical examiners, and local law enforcement agencies, the
bill would impose a state-mandated local program.
Existing law authorizes the Governor to declare a state of
emergency upon conditions of disaster or of extreme peril to the
safety of persons and property due to air pollution, fire, flood,
storm, epidemic, riot, drought, sudden and severe energy shortage,
plant or animal infestation or disease, or earthquake or volcanic
prediction warning, with certain exceptions, which conditions by
their magnitude are beyond or likely to be beyond the control of the
services, personnel, equipment, and facilities of any single county,
city, or city and county.
Existing law grants to the Governor certain emergency powers
during a state of emergency, including the authority to commandeer or
utilize private property or personnel, for which the state is
required to pay the reasonable value. Under existing law, a state of
emergency may be terminated by proclamation of the Governor or by
concurrent resolution of the Legislature.
This bill would authorize the Governor to declare a state of
public health emergency if the Governor finds an occurrence or
imminent threat of an illness or health condition that may be the
cause of a public health emergency.
The bill would grant to the Governor certain powers during a state
of public health emergency. The bill would prescribe the conditions
for the termination of a state of public health emergency. The bill
would provide that the declaration of a state of public health
emergency shall activate the disaster response and recovery aspects
of state, local, and interjurisdictional disaster emergency plans in
affected areas.
The bill would make the department responsible for coordinating
all matters pertaining to the public health emergency response of the
state during a state of public health emergency. The bill would
require the department to disseminate specific information to the
public regarding a declared state of public health emergency.
The bill would authorize any public health authority, during a
state of public health emergency, to close, compel the evacuation of,
and decontaminate facilities, decontaminate or destroy materials,
use and control facilities, materials, roads, and public areas,
regulate the disposal of infectious waste and human remains, and
purchase and regulate the distribution of certain pharmaceutical
agents or medical supplies.
The bill would require, as a condition of licensure or the
authority to operate or continue to do business in the state, health
care facilities, businesses and facilities dealing with infectious
waste and human remains, and in-state health care providers, to
provide or perform services or the use of facilities to respond to a
public health emergency.
The bill would authorize any public health authority, during a
state of public health emergency, to perform medical examinations and
testing, and to vaccinate and treat individuals for infectious
disease. The bill would also authorize, during a state of public
health emergency, a public health authority to isolate or quarantine
an individual or group of individuals and would prescribe
requirements applicable to isolation and quarantine proceedings,
including the appointment of counsel at the state's expense to
represent certain individuals subject to isolation or quarantine
proceedings. The bill would make it a misdemeanor for a person to
fail to comply with the bill's provisions and the rules, regulations,
and orders of an authority concerning isolation and quarantine.
Because the bill would create new crimes, it would impose a
state-mandated local program.
The bill would authorize the department, during a state of public
health emergency, to collect specimens and perform tests on any
deceased person or living or deceased animal, and acquire previously
collected specimens and test results. The bill would authorize the
department, during a state of public health emergency, to appoint
health personnel and to authorize medical examiners and coroners to
appoint assistants.
This bill would authorize the Governor to transfer, from any
available fund, sums as necessary to meet a state of public health
emergency, thereby making an appropriation. The bill would impose
restrictions on the expenses incurred by the state during a state of
public health emergency. The bill would provide various immunities
from civil liability during a state of public health emergency.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act may be cited as the "Emergency Health Powers
Act."
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) The government must do more to protect the health, safety, and
general well being of our 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 needed.
(4) Emergency health threats, including those caused by
bioterrorism, may require the exercise of extraordinary government
powers and functions.
(5) The state must have the ability to respond rapidly and
effectively to potential or actual public health emergencies.
(6) The exercise of any 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 and antidiscrimination, it is
the duty of the state to act with fairness and tolerance towards
individuals and groups.
(9) The rights of people to liberty, bodily integrity, and privacy
must be respected to the fullest extent possible, consistent with
maintaining and preserving the public's health and security.
(10) This act is necessary to protect the health and safety of the
citizens of the state.
(b) The Legislature declares that the purposes of enacting this
act are as follows:
(1) To require the development of a comprehensive plan to provide
for a coordinated, appropriate response in the event of a public
health emergency.
(2) To authorize the reporting and collection of data and records,
the management of property, the protection of persons, and access to
communications.
(3) To facilitate the early detection of a health emergency and
allow for immediate investigation of the emergency by granting access
to individuals' health information under specified circumstances.
(4) To grant state and local officials the authority to use and
appropriate property as necessary for the care, treatment,
vaccination, and housing of patients and to destroy contaminated
facilities or materials.
(5) To grant state and local officials the authority to provide
care, treatment, and vaccination to persons who are ill or who have
been exposed to contagious diseases, and to separate affected
individuals from the population at large to interrupt disease
transmission.
(6) To ensure that the needs of infected or exposed persons are
properly addressed to the fullest extent possible, given the primary
goal of controlling serious health threats.
(7) To provide state and local officials with the ability to
prevent, detect, manage, and contain emergency health threats without
unduly interfering with civil rights and liberties.
SEC. 3. Division 111 (commencing with Section 130350) is added to
the Health and Safety Code, to read:
DIVISION 111. EMERGENCY HEALTH POWERS ACT
PART 1. GENERAL PROVISIONS
CHAPTER 1. DEFINITIONS
130350. "Bioterrorism" means 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 that microorganism, virus,
infectious substance, or biological product, to cause death, disease,
or other biological malfunction in a human, an animal, a plant, or
another living organism in order to influence the conduct of
government or to intimidate or coerce a civilian population.
130352. (a) "Chain of custody" means 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.
(b) "Contagious disease" means an infectious disease that can be
transmitted from person to person.
130354. (a) (1) "Health care facility" means any nonfederal
institution, building, or agency, or portion thereof, whether public
or private, or 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. "Health
care facility" does not include an institution, building, or agency
used, operated, or maintained by tribal authorities.
(2) For purposes of this subdivision, a health care facility
includes, but is not limited to, all of the following:
(A) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2, including, but not limited to, a
hospital, skilled nursing facility, or intermediate care facility.
(B) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2, including, but not limited to, an
ambulatory surgical facility, kidney treatment center, or
rehabilitation clinic.
(C) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of, or hospice licensed pursuant to
Chapter 8.5 (commencing with Section 1745) of, Division 2.
(D) A residential care facility licensed pursuant to Chapter 3.01
(commencing with Section 1568.01) of, or Chapter 3.2 (commencing with
Section 1569) of, Division 2.
(E) An adult day care center licensed pursuant to Chapter 3.3
(commencing with Section 1570) of Division 2.
(F) A public health center or mental health center.
(3) "Health care facility" also includes property related to the
institutions, buildings, and agencies specified in paragraphs (1) and
(2) when used for or in connection with that institution, building,
or agency, and includes, but is not limited to, a laboratory,
research facility, pharmacy, laundry facility, health personnel
training and lodging facility, patient, guest, and health personnel
food service facility, and office and office building for persons
engaged in health care professions or services.
(b) "Health care provider" means any person or entity that
provides health care services including, but not limited to, a
hospital, medical clinic or office, special care facility, medical
laboratory, physician, pharmacist, dentist, physician assistant,
nurse practitioner, registered nurse, or other nurse, paramedic,
emergency medical or laboratory technician, or ambulance or emergency
medical worker.
130356. (a) "Infectious disease" means a disease caused by a
living organism or other pathogen, including a fungus, bacillus,
parasite, protozoan, or virus. An infectious disease may, or may
not, be transmissible from person to person, animal to person, or
insect to person.
(b) "Infectious waste" means biological waste, cultures and
stocks, pathological waste, and sharps, defined as follows:
(1) "Biological waste" means 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" means etiologic agents and associated
biologicals, including, but not limited to, specimen cultures, 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" means biopsy materials and all human
tissues, anatomical parts that emanate from surgery, obstetrical
procedures, necropsy or autopsy, and laboratory procedures, and
animal carcasses exposed to pathogens in research, and the bedding
and other waste from those animals. "Pathological waste" does not
include teeth, or formaldehyde or other preservative agents.
(4) "Sharps" means needles, intravenous tubing with needles
attached, scalpel blades, lancets, breakable glass tubes, and
syringes that have been removed from their original sterile
containers.
(c) "Isolation" means the physical separation and confinement of
an individual or group of individuals who are infected or reasonably
believed to be infected with a contagious disease or possibly
contagious disease from nonisolated individuals, to prevent or limit
the transmission of the disease to nonisolated individuals.
130358. "Mental health support personnel" means, but is not
limited to, psychiatrists, psychologists, social workers, and
volunteer crisis counseling groups.
130360. "Organized militia" means the California National Guard,
the army national guard, the air national guard, or any military
force organized under the laws of the state.
130362. (a) "Protected health information" means any information,
whether oral, written, electronic, visual, 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 either reveals the identity of
the individual whose health care is the subject of the information or
with regard to which there is a reasonable basis to believe that it
could be utilized, either alone or with other information that is or
should be reasonably known to be available to predictable recipients
of the information, to reveal the identity of that individual.
(b) "Public health authority" means the State Department of Health
Services, any local governmental agency that is principally
responsible for protecting and preserving the public's health in a
city, county, or city and county, and any person that is designated
directly by the department or local governmental agency to act on
behalf of the department or governmental agency for purposes of this
act.
(c) (1) "Public health emergency" means an occurrence or imminent
threat of an illness or health condition that is both of the
following:
(A) Is believed to be caused by any of the following:
(i) Bioterrorism.
(ii) The appearance of a novel or previously controlled or
eradicated infectious agent or biological toxin.
(iii) A natural disaster.
(iv) A chemical attack or accidental release.
(v) A nuclear attack or accident.
(B) Poses a high probability of any of the following:
(i) A large number of deaths in the affected population.
(ii) A large number of serious or long-term disabilities in the
affected population.
(iii) The widespread exposure to an infectious or toxic agent that
poses a significant risk of substantial future harm to a large
number of people in the affected population.
(2) "Public health emergency" does not include an occurrence or
imminent threat of human immunodeficiency virus (HIV) that satisfies
the requirements of this subdivision.
(d) "Public safety authority" means the Department of the
California Highway Patrol and any local governmental agency that acts
principally to protect or preserve the public safety or any person
authorized to act on behalf of the Department of the California
Highway Patrol or the local governmental agency.
130364. "Quarantine" means the physical separation and
confinement of an individual or group of individuals who are or may
have been exposed to a contagious or possibly contagious disease from
nonquarantined individuals and who do not show signs or symptoms of
the contagious disease, to prevent or limit the transmission of the
disease to nonquarantined individuals.
130366. "Specimens" includes, but is not limited to, blood,
sputum, urine, stool, and other bodily fluids, wastes, tissues, and
cultures necessary to perform required tests.
130368. (a) "Test" 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) "Trial court" means the trial court for the district in which
isolation or quarantine is to occur, a court designated by the public
health emergency plan under Chapter 2 (commencing with Section
130370), or the trial court for the district in which a public health
emergency has been declared.
CHAPTER 2. PUBLIC HEALTH EMERGENCY PLANNING
130370. The Governor shall appoint a Public Health Emergency
Planning Commission, which shall consist of the directors, or their
designees, of any department or agency that the Governor deems
relevant to public health emergency preparedness, representatives of
the Legislature appointed by the Speaker of the Assembly and the
Senate Committee on Rules, and any other persons chosen by the
Governor. The Governor shall designate the chair of the commission.
130372. The Public Health Emergency Planning Commission shall,
within six months of its appointment, prepare and deliver to the
Governor the Public Health Emergency Plan for responding to a public
health emergency that includes provisions or guidelines concerning
all of the following:
(a) Notifying and communicating with the population during a state
of public health emergency in compliance with this act.
(b) Central coordination of resources, personnel, and services,
including coordination of responses by state, local, tribal, and
federal agencies.
(c) The location, procurement, storage, transportation,
maintenance, and distribution of essential materials, including, but
not limited to, medical supplies, drugs, vaccines, food, shelter,
clothing, and beds.
(d) Compliance with the reporting requirements of Chapter 3
(commencing with Section 130380).
(e) The continued and effective operation of the judicial system
including, if deemed necessary, the identification and training of
personnel to serve as emergency judges regarding matters of isolation
and quarantine as described in this act.
(f) The method of evacuating populations and housing and feeding
the evacuated populations.
(g) The identification and training of health care providers to
diagnose and treat persons with infectious diseases.
(h) The vaccination of persons in compliance with this act.
(i) The treatment of persons who have been exposed to or who are
infected with diseases or health conditions that may be the cause of
a public health emergency.
(j) The safe disposal of infectious waste and human remains in
compliance with this act.
(k) The safe and effective control of persons isolated,
quarantined, vaccinated, tested, or treated during a state of public
health emergency.
(l) Tracking the source of outcomes of infected persons.
(m) Ensuring that each city and county identifies all of the
following:
(1) Sites where persons can be isolated or quarantined that comply
with the conditions and principles for isolation or quarantine of
this act.
(2) Sites where medical supplies, food, and other essentials can
be distributed to the population.
(3) Sites where public health and emergency workers can be housed
and fed.
(4) Routes and means of transportation of people and materials.
(n) Cultural norms, values, religious principles, and traditions
that may be relevant.
(o) Other measures necessary to carry out the purposes of this
act.
130374. The commission shall distribute the Public Health
Emergency Plan to, and seek review and comments from, those who will
be responsible for the implementation of the plan, interested
persons, and the public.
130376. The commission shall review the Public Health Emergency
Plan annually.
CHAPTER 3. REPORTING
130380. (a) A health care provider, coroner, or medical examiner
shall report, as required under Section 130384, any case of a person
who harbors any illness or health condition that may be a potential
cause of a public health emergency. Reportable illnesses and health
conditions include, but are not limited to, the diseases caused by
the etiologic agents listed in Section 72.3 of Title 42 of the Code
of Federal Regulations and any illnesses or health conditions
identified by a public health authority.
(b) For purposes of this section, "health care provider" includes
any out-of-state medical laboratory that has agreed to the reporting
requirements of this state. Notwithstanding the requirement under
this section that an out-of-state medical laboratory report the
results of its tests that reveal a reportable illness or health
condition, an in-state medical laboratory that sends specimens to an
out-of-state medical laboratory is also required to report those
results pursuant to this section.
130382. A pharmacist shall report, as required under Section
130384, any unusual or increased prescription rates, unusual type of
prescription, or unusual trend in pharmacy visits that may indicate
the existence of a potential cause of a public health emergency.
Prescription-related events that require a report include, but are
not limited to, all of the following:
(a) An unusual increase in the number of prescriptions or
over-the-counter pharmaceuticals to treat conditions that the public
health authority identifies through regulations.
(b) An unusual increase in the number of prescriptions for
antibiotics.
(c) Any prescription that treats a disease that is relatively
uncommon or may be associated with bioterrorism.
130384. A report required by Section 130380 or 130382 shall be
made electronically or in writing within 24 hours to the state and
local public health authorities. The report shall include as much of
the following information as is available:
(a) The specific illness or health condition that is the subject
of the report.
(b) The patient's name, date of birth, sex, race, occupation, and
current home and work addresses, including city and county.
(c) The name and address of the health care provider, coroner, or
medical examiner and, if different, the reporting individual.
(d) Any other information needed to locate the patient for
followup.
(e) For any case related to an animal or insect bite, information
regarding the suspected location of the biting animal or insect, and
the name and address of any known owner.
130386. Every veterinarian, livestock owner, veterinary
diagnostic laboratory director, or other person who cares for animals
shall report any animal that has or is suspected of having any
disease that may be a potential cause of a public health emergency.
The report shall be made electronically or in writing within 24 hours
to the state and local public health authorities and shall include
as much of the following information as is available:
(a) The specific illness or health condition that is the subject
of the report.
(b) The suspected location of the animal or information that could
assist in determining its location.
(c) The name and address of any known owner.
(d) The name and address of the reporting individual.
130388. Any state or local public health authority, or its
designee, may enforce this chapter.
CHAPTER 4. TRACKING
130390. Public health authorities shall ascertain the existence
of cases of an illness or health condition that may be a potential
cause of a public health emergency, investigate all the cases for
sources of infection and to ensure that they are subject to proper
control measures, and define the distribution of the illness or
health condition.
130392. (a) Acting on information developed in accordance with
Chapter 3 (commencing with Section 130380), or other reliable
information, the state or local public health authority shall
identify all individuals thought to have been exposed to an illness
or health condition that may be a potential cause of a public health
emergency.
(b) A public health authority shall counsel and interview the
individuals identified pursuant to subdivision (a) as needed to
assist in the positive identification of exposed individuals. A
public health authority shall develop information relating to the
source and spread of the illness or health condition, including, but
not limited to, 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 been
spread.
130394. A public health authority, when conducting an
investigation for purposes of this chapter, shall close, evacuate, or
decontaminate any facility or decontaminate or destroy any material
when the authority reasonably suspects that the facility or material
may endanger the public health.
130396. (a) Any state or local public health authority, or its
designee, may enforce this chapter.
(b) An order of a public health authority given to effectuate the
purposes of this chapter shall be enforceable immediately by a public
safety authority.
CHAPTER 5. INFORMATION SHARING
130400. Whenever a public safety authority or other state or
local governmental agency learns of a case of a reportable illness or
health condition, an unusual cluster, or a suspicious event that may
be the cause of a public health emergency, it shall immediately
notify the state and local public health authorities.
130402. Whenever a 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, tribal authorities, and federal health and
public safety authorities.
130404. The sharing of information reported pursuant to Chapter 3
(commencing with Section 130380) on reportable illnesses, health
conditions, unusual clusters, or suspicious events between public
health and public safety authorities shall be restricted to
information necessary for the treatment, control, investigation, and
prevention of a public health emergency.
PART 2. DECLARING A STATE OF PUBLIC HEALTH EMERGENCY
CHAPTER 1. DECLARATION
130410. A state of public health emergency may be declared by the
Governor upon the occurrence of a public health emergency, as
defined in subdivision (c) of Section 130362. Prior to making a
declaration, the Governor shall consult with the state and local
public health authorities and may consult with any public health
expert and other experts as needed. The Governor may declare a state
of public health emergency without consulting with the public health
authorities or other experts when the situation calls for prompt and
timely action.
130412. A state of public health emergency shall be declared by
an executive order that specifies all of the following:
(a) The nature of the public health emergency.
(b) The political subdivisions or geographic areas that are
subject to the declaration.
(c) The conditions that have brought about the public health
emergency.
(d) The duration of the state of the public health emergency, if
less than 30 days.
(e) The primary public health authority responding to the
emergency.
130414. (a) The declaration of a state of public health emergency
by the Governor pursuant to this part shall activate the disaster
response and recovery aspects of the state, local, and
interjurisdictional disaster emergency plans in the affected
political subdivisions or areas.
(b) The declaration authorizes the deployment and use of any
forces to which the disaster emergency plans apply and the use or
distribution of any supplies, equipment, materials, and facilities
assembled, stockpiled, or available pursuant to this act.
CHAPTER 2. POWERS
130420. During a state of public health emergency the Governor
may do all of the following:
(a) Suspend the provisions of any regulatory statute prescribing
procedures for conducting state business, or the orders, or rules and
regulations, of any state agency, if strict compliance with those
statutes, orders, or rules and regulations would prevent, hinder, or
delay action, including emergency purchases by the public health
authority, necessary to respond to the public health emergency or
would increase the health threat to the population.
(b) Utilize all available resources of the state and its political
subdivisions, as reasonably necessary to respond to the public
health emergency.
(c) Transfer the direction, personnel, or functions of state
departments and agencies in order to perform or facilitate response
and recovery programs regarding the public health emergency.
(d) Mobilize all or any part of the organized militia into service
of the state. An order directing the organized militia to report
for active duty shall state the purpose for which it is mobilized and
the objectives to be accomplished.
(e) Provide aid to and seek aid from other states in accordance
with any interstate emergency compact made with the state.
(f) Seek aid from the federal government in accordance with
federal programs or requirements.
130422. The State Department of Health Services shall coordinate
all matters pertaining to the public health emergency response of the
state. The department shall have primary jurisdiction,
responsibility, and authority for all of the following:
(a) Planning and executing public health emergency assessment,
mitigation, preparedness response, and recovery for the state.
(b) Coordinating public health emergency response between state
and local authorities.
(c) Collaborating with relevant federal governmental authorities,
elected officials of other states, and private organizations and
companies.
(d) Coordinating recovery operations and mitigation initiatives
subsequent to a public health emergency.
(e) Organizing public information activities regarding state
public health emergency response operations.
130424. Upon the declaration of a state of public health
emergency pursuant to this act, special identification for all public
health personnel working during the emergency shall be issued 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.
130426. During a state of public health emergency, a public
health authority may request assistance in enforcing orders pursuant
to this act from a public safety authority. The public safety
authority may request assistance from the organized militia in
enforcing the orders of a public health authority.
130428. A public health authority may promulgate and implement
any rules and regulations that are reasonable and necessary to
implement and effectuate this act. A public health authority may
enforce this act through the imposition of
fines and penalties, the issuance of orders, and
other remedies as are provided by law. Nothing in this section shall
limit specific enforcement powers enumerated in this act.
CHAPTER 3. TERMINATION
130430. The Governor shall terminate the state of public health
emergency by executive order upon finding that the occurrence of an
illness or health condition that caused the emergency no longer poses
a high probability of a large number of deaths in the affected
population, a large number of incidents of serious permanent or
long-term disability in the affected population, or a significant
risk of substantial future harm to a large number of people in the
affected population.
130432. Notwithstanding any other provision of this act, 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 part for a declaration of
a state of public health emergency. This renewal shall be terminated
automatically after 30 days unless renewed by the Governor under the
same standards and procedures set forth in this part for a
declaration of a state of public health emergency.
130434. The Legislature, by a majority vote of each house, may
terminate a state of public health emergency after 60 days from the
date of the original declaration upon finding that the occurrence of
an illness or health condition that caused the emergency does not or
no longer poses a high probability of a large number of deaths in the
affected population, a large number of incidents of serious
permanent or long-term disability in the affected population, or a
significant risk of substantial future harm to a large number of
people in the affected population. This termination by the
Legislature shall override any renewal by the Governor.
130436. All orders or legislative action terminating a state of
public health emergency shall indicate the nature of the emergency,
the area or areas threatened, and the conditions that make possible
the termination of the state of public health emergency.
PART 3. SPECIAL POWERS DURING A STATE OF PUBLIC HEALTH
EMERGENCY
CHAPTER 1. CONTROL OF PROPERTY
Article 1. Facilities, Materials, Roads, and Public Areas
130440. A public health authority, during a state of public
health emergency declared pursuant to this act, may do all of the
following concerning facilities and materials:
(a) Close, direct and compel the evacuation of, or decontaminate
or cause to be decontaminated any facility if there is reasonable
cause to believe that it may endanger the public health.
(b) Decontaminate, cause to be decontaminated, or destroy any
material if there is reasonable cause to believe that it may endanger
the public health.
130442. A public health authority, during a state of public
health emergency declared pursuant to this act, may do all of the
following concerning facilities, materials, roads, and public areas:
(a) Procure, by condemnation or otherwise, construct, lease,
transport, store, maintain, renovate, or distribute materials and
facilities as may be reasonable and necessary to respond to the
public health emergency, with the right to take immediate possession
of the materials and facilities. The materials and facilities may
include, but are not limited to, communication devices, carriers,
real estate, fuel, food, and clothing.
(b) Require, as a condition of licensure or the authority to
operate or continue to do business in the state as a health care
facility, a health care facility to provide services or the use of
its facility if the services or use are reasonable and necessary to
respond to the public health emergency. The use of the health care
facility may include, but is not limited to, the transfer of the
management and supervision of the health care facility to a public
health authority for a limited or unlimited period of time, which
shall not exceed the date on which the state of public health
emergency is terminated.
(c) Inspect, control, restrict, and regulate by rationing and
using quotas, prohibitions on shipments, allocation, or other means,
the use, sale, dispensing, distribution, or transportation of food,
fuel, clothing and other commodities, as may be reasonable and
necessary to respond to the public health emergency.
(d) Prescribe routes, modes of transportation, and destinations in
connection with the evacuation of persons or the provision of
emergency services.
(e) Control or limit ingress and egress to and from any stricken
or threatened public area, the movement of persons within the area,
and the occupancy of premises within the area if that control is
reasonable and necessary to respond to the public health emergency.
Article 2. Infectious Waste
130446. A public health authority, during a state of public
health emergency declared pursuant to this act, may do all of the
following concerning the safe disposal of infectious waste:
(a) Adopt and enforce measures to provide for the safe disposal of
infectious waste as may be reasonable and necessary to respond to
the public health emergency. These measures may include, but are not
limited to, the collection, storage, handling, destruction,
treatment, transportation, and disposal of infectious waste.
(b) Require, as a condition of licensure or the authority to
operate or continue to do business in the state as a business or
facility, any business or facility authorized to collect, store,
handle, destroy, treat, transport, and dispose of infectious waste
under the laws of this state, and any landfill business or other
similar property, to accept infectious waste or provide services or
the use of the business, facility, or property if this requirement is
reasonable and necessary to respond to the public health emergency.
The use of the business or facility may include, but is not limited
to, the transfer of the management and supervision of the business or
facility to a public health authority for a limited or unlimited
period of time, which shall not exceed the date on which the state of
public health emergency is terminated.
(c) 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 the
state, and any landfill business or other similar property, as may be
reasonable and necessary to respond to the public health emergency,
with the right to take immediate possession of the business,
facility, or property.
130448. For purposes of all activities conducted pursuant to this
article, all bags, boxes, or other containers for infectious waste
shall be clearly identified as containing infectious waste, including
the type of infectious waste, if known.
Article 3. Human Remains
130452. A public health authority, during a state of public
health emergency declared pursuant to this act, may do all of the
following concerning the safe disposal of human remains:
(a) Adopt and enforce measures to provide for the safe disposal of
human remains as may be reasonable and necessary to respond to the
public health emergency. These measures may include, but are not
limited to, the embalming, burial, cremation, interment,
disinterment, transportation, and disposal of human remains.
(b) Take possession or control of any human remains.
(c) Order the disposal through burial or cremation, within 24
hours after death, of any human remains of a person who has died of a
contagious disease. To the extent possible, religious, cultural,
family, and individual beliefs of the deceased person or his or her
family shall be considered when disposing of any human remains.
(d) Require, as a condition of licensure or the authority to
operate or continue to do business in the state as a business or
facility, any business or facility authorized to embalm, bury,
cremate, inter, disinter, transport, or dispose of human remains
under the laws of this state to accept human remains or provide the
use of the business or facility if this requirement is reasonable and
necessary to respond to the public health emergency. The use of the
business or facility may include, but is not limited to, the
transfer of the management and supervision of the business or
facility to a public health authority for a limited or unlimited
period of time, which shall not exceed the date on which the state of
public health emergency is terminated.
(e) Procure, by condemnation or otherwise, any business or
facility authorized to embalm, bury, cremate, inter, disinter,
transport, and dispose of human remains under the laws of the state
as may be reasonable and necessary to respond to the public health
emergency, with the right to take immediate possession of the
business or facility.
130454. Prior to the disposal of human remains for purposes of
this article, the human remains shall be clearly labeled with all
available information to identify the decedent and the circumstances
of death. Any human remains of a deceased person that are
contaminated with a contagious disease shall have an external and
clearly visible tag indicating that the human remains are infected
and, if known, the contagious disease.
130456. Every person in charge of disposing of any human remains
for purposes of this article shall maintain a written or electronic
record of all human remains and all available information to identify
the decedent and the circumstances of death and disposal. If human
remains cannot be identified prior to disposal, a qualified person,
to the extent possible, shall take fingerprints and one or more
photographs of the human remains and collect a DNA specimen. All
information gathered under this section shall be promptly forwarded
to the state and local public health authorities.
Article 4. Health Care Supplies
130460. A 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.
130462. (a) If a state of public health emergency results in a
statewide or regional shortage or threatened shortage of any product
covered by Section 130460, whether or not the product has been
purchased by a public health authority, a public health authority may
control, restrict, or regulate by rationing and using quotas,
prohibitions on shipments, 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
the state.
(b) In making rationing or other supply and distribution
decisions, a public health authority may give preference to health
care providers, disaster response personnel, public safety personnel,
and mortuary staff.
130464. During a state of public health emergency, a public
health authority may procure, store, or distribute any antitoxins,
serums, vaccines, immunizing agents, antibiotics, and other
pharmaceutical agents or medical supplies located within the state as
may be reasonable and necessary to respond to the public health
emergency, with the right to take immediate possession of the
pharmaceutical agents or medical supplies. 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 those items or preventing their fair and
equitable distribution among affected states.
Article 5. Compensation
130468. The state shall pay just compensation to the owner of any
facilities or materials that are lawfully taken or appropriated by a
public health authority for its temporary or permanent use under
this chapter according to the procedures and standards set forth in
Chapter 4 (commencing with Section 130560) of Part 4.
130470. Compensation shall not be provided for facilities or
materials that are closed, evacuated, decontaminated, or destroyed
pursuant to Section 130440 when there is reasonable cause to believe
that the facilities or materials may endanger the public health as
specified in Section 130440.
Article 6. Destruction of Property
130472. To the extent practicable consistent with the protection
of public health, prior to the destruction of any property under this
chapter, a public health authority shall institute appropriate civil
proceedings against the property to be destroyed in accordance with
the existing laws and court rules or any 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 those civil
proceedings, after entry of the decree, shall be disposed of by
destruction as the court may direct.
CHAPTER 2. PROTECTION OF PERSONS
Article 1. Medical Examination and Testing
130480. During a declared state of public health emergency, state
and local public health authorities 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.
130482. (a) A public health authority, during a state of public
health emergency declared pursuant to this act, may perform medical
examinations and testing as necessary for the diagnosis or treatment
of individuals.
(b) The following shall apply to a medical examination, testing,
or both authorized by subdivision (a):
(1) It may be performed by any qualified person authorized by the
public health authority.
(2) It shall not be reasonably likely to result in serious harm to
the affected individual.
(3) The public health authority may isolate or quarantine,
pursuant to Article 3 (commencing with Section 130490), any person
whose refusal to undergo a medical examination or test pursuant to
this section results in uncertainty regarding whether he or she has
been exposed to or is infected with a contagious or possibly
contagious disease or otherwise poses a danger to public health.
Article 2. Vaccination and Treatment
130484. (a) A public health authority, during a state of public
health emergency declared under this act, may vaccinate persons as
protection against infectious disease and to prevent the spread of
contagious or possibly contagious diseases.
(b) The following shall apply to a vaccination authorized by
subdivision (a):
(1) It may be performed by any qualified person authorized by the
public health authority.
(2) It shall not be reasonably likely to result in serious harm to
the affected individual.
(3) To prevent the spread of contagious or possibly contagious
disease, the public health authority may isolate or quarantine,
pursuant to Article 3 (commencing with Section 130490), any person
who is unable or unwilling for reasons of health, religion, or
conscience to undergo vaccination pursuant to this section.
130486. (a) A public health authority, during a state of public
health emergency declared under this act, may treat persons exposed
to or infected with disease.
(b) The following shall apply to treatment authorized by
subdivision (a):
(1) It may be performed by any qualified person authorized by the
public health authority.
(2) It shall not be reasonably likely to result in serious harm to
the affected individual.
(3) To prevent the spread of contagious or possibly contagious
disease, the public health authority may isolate or quarantine,
pursuant to Article 3 (commencing with Section 130490), any person
who is unable or unwilling for reasons of health, religion, or
conscience to undergo treatment pursuant to subdivision (a).
Article 3. Isolation and Quarantine
130490. (a) A public health authority, during a state of public
health emergency declared under this act, may do all of the following
concerning isolation and quarantine:
(1) Isolate, consistent with subdivision (c) of Section 130356, or
quarantine, consistent with Section 130364, an individual or group
of individuals. This authority extends to the isolation and
quarantine of individuals or groups of individuals who have not been
examined, tested, vaccinated, or treated pursuant to this chapter.
(2) Establish and maintain places of isolation and quarantine.
(3) Establish rules and regulations and make orders for purposes
of this article.
(b) The failure of any person to comply with this article or any
rules, regulations, or orders made pursuant to paragraph (3) of
subdivision (a) for purposes of this article is a misdemeanor.
130492. A public health authority shall adhere to all of the
following conditions and principles when isolating or quarantining
individuals or a group of individuals:
(a) The isolation or quarantine shall be by the least restrictive
means necessary to prevent the spread of a contagious or possibly
contagious disease to others and may include, but is not limited to,
confinement to private homes, other private premises, or public
premises.
(b) Isolated individuals shall be confined separately from
quarantined individuals.
(c) The health status of isolated and quarantined individuals
shall be monitored regularly to determine if they require isolation
or quarantine.
(d) If a quarantined individual subsequently becomes infected or
is reasonably believed to have become infected with a contagious or
possibly contagious disease, he or she shall be promptly removed to
isolation.
(e) Isolated and quarantined individuals shall be immediately
released when they pose no substantial risk of transmitting a
contagious or possibly contagious disease to others.
(f) The needs of individuals isolated and quarantined shall be
addressed in a systemic and competent fashion, including, but not
limited to, providing adequate food, clothing, shelter, means of
communicating with those in and outside of isolation or quarantine,
medication, and competent medical care.
(g) The premises used for isolation and quarantine shall be
maintained in a safe and hygienic manner and be designed to minimize
the likelihood of further transmission of infection or other harms to
persons isolated and quarantined.
(h) To the extent possible, cultural and religious beliefs shall
be considered in addressing the needs of individuals in, and
establishing and maintaining, isolation and quarantine premises.
130494. A person subject to isolation or quarantine under this
article shall not go beyond the isolation or quarantine premises.
The failure to comply with this requirement is subject to criminal
penalty as provided in subdivision (b) of Section 130490.
130496. (a) A public health authority may authorize physicians,
health care workers, or others access to individuals in isolation or
quarantine as necessary to meet the needs of isolated or quarantined
individuals.
(b) No person, other than a person authorized by a public health
authority, shall enter isolation or quarantine premises. The failure
to comply with this requirement is subject to criminal penalty as
provided in subdivision (b) of Section 130490.
(c) Any person entering an isolation or quarantine premises with
or without authorization of the public health authority may be
isolated or quarantined pursuant to this article.
130498. (a) If the temporary isolation or quarantine of an
individual or group of individuals is undertaken without notice, it
shall comply with this section.
(b) A public health authority may temporarily isolate or
quarantine an individual or group of individuals, without notice,
through a written directive, if delay in imposing the isolation or
quarantine would significantly jeopardize the public health authority'
s ability to prevent or limit the transmission of a contagious or
possibly contagious disease to others.
(c) The written directive shall include all of the following:
(1) The identity of the individual, individuals, or group of
individuals subject to isolation or quarantine.
(2) The premises subject to isolation or quarantine.
(3) The date and time at which isolation or quarantine commences.
(4) The suspected contagious disease, if known.
(5) A copy of this chapter and the relevant definitions of this
division.
(d) A copy of the written directive shall be given to the
individual to be isolated or quarantined or, if the order applies to
a group of individuals and it is impractical to provide individual
copies, it may be posted in a conspicuous place in the isolation or
quarantine premises.
(e) Within 10 days after issuing the written directive, the public
health authority shall file a petition pursuant to Section 130500
for a court order authorizing the continued isolation or quarantine
of the isolated or quarantined individual or group of individuals.
130500. (a) A public health authority may make a written petition
to the trial court, as defined in subdivision (b) of Section 130368,
for an order authorizing the isolation or quarantine of an
individual or group of individuals.
(b) (1) A petition under subdivision (a) shall include all of the
following:
(A) The identity of the individual, individuals, or group of
individuals subject to isolation or quarantine.
(B) The premises subject to isolation or quarantine.
(C) The date and time at which isolation or quarantine commences.
(D) The suspected contagious disease, if known.
(E) A statement of compliance with the conditions and principles
for isolation and quarantine specified in Section 130492.
(F) A statement of the basis upon which isolation or quarantine is
justified in compliance with this article.
(2) The petition shall be accompanied by the sworn affidavit of
the public health authority attesting to the facts asserted in the
petition, together with any further information that may be relevant
and material to the court's consideration.
(c) Notice to the individuals or group of individuals identified
in the petition shall be provided within 24 hours in accordance with
any applicable procedure authorized by Chapter 5 (commencing with
Section 1010) of Title 14 of Part 1 of the Code of Civil Procedure.
(d) A hearing shall be held on any petition filed pursuant to this
section within five days of the filing of the petition. In
extraordinary circumstances and for good cause shown, the public
health authority may apply to continue the hearing date on a petition
filed pursuant to this section for up to 10 days, which continuance
the court may grant in its discretion giving due regard to the rights
of the affected individuals, the protection of the public's health,
the severity of the emergency, and the availability of necessary
witnesses and evidence.
(e) (1) The court shall grant the petition if, by a preponderance
of the evidence, isolation or quarantine is shown to be reasonably
necessary to prevent or limit the transmission of a contagious or
possibly contagious disease to others.
(2) An order authorizing isolation or quarantine may do so for a
period not to exceed 30 days.
(3) The order shall do all of the following:
(A) Identify the isolated or quarantined individuals or group of
individuals by name or shared or similar characteristics or
circumstances.
(B) Specify factual findings warranting isolation or quarantine
pursuant to this act.
(C) Include any conditions necessary to ensure that isolation or
quarantine is carried out within the stated purposes and restrictions
of this act.
(D) Be served on affected individuals or groups of individuals in
accordance with the applicable procedures authorized by Chapter 5
(commencing with Section 1010) of Title 14 of Part 1 of the Code of
Civil Procedure.
(f) Prior to the expiration of an order issued pursuant to
subdivision (e), the public health authority may move to continue
isolation or quarantine for additional periods not to exceed 30 days
each. The court shall consider the motion in accordance with the
standards set forth in subdivision (e).
130502. (a) An individual or group of individuals isolated or
quarantined pursuant to this act may apply to the trial court for an
order to show cause why the individual or group of individuals should
not be released. The court shall rule on the application to show
cause within 48 hours of its biling. If the court grants the
application, the court shall schedule a hearing on the order to show
cause within 24 hours from issuance of the order to show cause. The
issuance of an order to show cause shall not stay or enjoin an
isolation or quarantine order.
(b) (1) An individual or group of individuals isolated or
quarantined pursuant to this act may request a hearing in the trial
court for remedies regarding breaches to the conditions of isolation
or quarantine. A request for a hearing shall not stay or enjoin an
isolation or quarantine order.
(2) Upon receipt of a request under this subdivision that alleges
extraordinary circumstances justifying the immediate granting of
relief, the court shall fix a date for hearing on the matters alleged
not more than 24 hours from receipt of the request.
(3) In cases other than those to which paragraph (2) applies, upon
receipt of a request under this subdivision, the court shall fix a
date for hearing on the matters alleged within five days from receipt
of request.
(c) In any proceedings brought for relief under this section, in
extraordinary circumstances and for good cause shown, the public
health authority may move the court to extend the time for a hearing,
which extension the court in its discretion may grant giving due
regard to the rights of the affected individuals, the protection of
the public's health, the severity of the emergency, and the
availability of necessary witnesses and evidence.
(d) A record of the proceedings brought pursuant to this section
shall be made and retained. In the event that, given a state of
public health emergency, parties cannot personally appear before the
court, proceedings may be conducted by their authorized
representatives and be held via any means that allows all parties to
fully participate.
130504. (a) The court shall appoint counsel at state expense to
represent an individual or a group of individuals who are, or who are
about to be, isolated or quarantined pursuant to
this division and who are not otherwise
represented by counsel. Appointments shall be made in accordance
with the procedures to be specified in the Public Health Emergency
Plan prepared pursuant to Section 130372 and shall last throughout
the duration of the isolation or quarantine of the individual or
group of individuals. The public health authority shall provide
adequate means of communication between an individual or group of
individuals and their counsel.
(b) In any proceedings brought pursuant to this section, to
promote the fair and efficient operation of justice and having given
due regard to the rights of the affected individuals, the protection
of the public's health, the severity of the emergency, and the
availability of necessary witnesses and evidence, the court may order
the consolidation of individual claims into group claims if all of
the following conditions exist:
(1) The number of individuals involved or to be affected is so
large that individual participation is impractical.
(2) There are questions of law or fact common to the individual
claims or rights to be determined.
(3) The group claims or rights to be determined are typical of the
affected individuals' claims or rights.
(4) The entire group will be adequately represented in the
consolidation.
Article 4. Collection of Laboratory Specimens
130506. (a) A public health authority, during a state of public
health emergency declared pursuant to this act, in addition to
performing tests on a living person as provided in Article 1
(commencing with Section 130480), may collect specimens of a deceased
person, or a living or deceased animal, and acquire any previously
collected specimen or test results that are reasonable and necessary
to respond to a public health emergency.
(b) A specimen collected pursuant to this section shall be clearly
marked.
(c) Specimen collection, handling, storage, and transport to the
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.
(d) Any person authorized to collect specimens or perform tests
pursuant to this chapter 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.
(e) Recognizing that during a state of public health emergency any
specimen collected or test performed may be evidence in a criminal
investigation, any business, facility, or agency authorized to
collect specimens or perform tests shall provide all support as is
reasonable and necessary to aid in a relevant criminal investigation.
CHAPTER 3. ACCESS TO AND DISCLOSURE OF PROTECTED HEALTH
INFORMATION
130510. Access to protected health information of individuals who
have participated in medical testing, treatment, vaccination,
isolation, or quarantine programs or efforts by a public health
authority during a public health emergency shall be limited to those
persons having a legitimate need to acquire or use the information
for one or more of the following purposes:
(a) To provide treatment to the individual who is the subject of
the health information.
(b) To conduct epidemiologic research.
(c) To investigate the causes of transmission.
130512. Protected health information held by a public health
authority shall not be disclosed without the written specific
informed consent of the individual who is the subject of the
information, except for disclosures made as follows:
(a) Directly to the individual who is the subject of the
information.
(b) To the individual's immediate family members or personal
representative, to the extent authorized by law.
(c) To appropriate federal agencies or authorities pursuant to
federal law.
(d) Pursuant to a court order to avert a clear danger to an
individual or the public health.
(e) To identify a deceased individual or determine the manner or
cause of death.
CHAPTER 4. LICENSING OF HEALTH PERSONNEL
130520. A public health authority, during a state of public
health emergency declared pursuant to this act, may require, as a
condition of licensure or the authority to continue to function as a
health care provider in the state, in-state health care providers to
assist in the performance of vaccination, treatment, examination, or
testing of any individual.
130522. (a) A public health authority, during a state of public
health emergency declared pursuant to this act, may appoint and
prescribe the duties of out-of-state emergency health care providers
as may be reasonable and necessary to respond to the public health
emergency.
(b) The appointment of out-of-state emergency health care
providers pursuant to this section may be for a limited or unlimited
time, but shall not exceed the date on which the state of public
health emergency is terminated. The public health authority may
terminate the out-of-state appointments at any time or for any reason
if the termination will not jeopardize the health, safety, and
welfare of the people of this state.
(c) For purposes of appointments made pursuant to this section,
the public health authority may waive any licensing requirements,
permits, or fees required by statute and applicable rules or
regulations for health care providers from other jurisdictions who
wish to practice in this state.
(d) Any out-of-state emergency health care provider appointed
pursuant to this section shall not be held liable for any civil
damages as a result of medical care or treatment related to the
emergency response unless the 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.
130524. (a) A public health authority, during a state of public
health emergency declared pursuant to this act, may authorize a
medical examiner or coroner to appoint, and prescribe the duties of,
emergency assistant medical examiners or coroners as may be required
for the proper performance of the duties of the office.
(b) 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 date on which the state of public
health emergency is terminated. The medical examiner or coroner may
terminate the emergency appointments at any time or for any reason if
the termination will not impede the performance of the duties of the
office.
(c) For purposes of appointments made pursuant to this section,
the medical examiner or coroner may waive any licensing requirements,
permits, or fees required by statute and applicable rules or
regulations for the performance of the duties of assistant medical
examiners or coroners.
(d) Any 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 those duties.
PART 4. MISCELLANEOUS
CHAPTER 1. PUBLIC INFORMATION DURING A STATE OF PUBLIC HEALTH
EMERGENCY
130530. (a) The public health authority shall inform the people
of the state when a state of public health emergency has been
declared or terminated and regarding how to protect themselves and
what actions are being taken to control the emergency.
(b) 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) If the public health authority has reason to believe there are
people of the state 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 language
of those people as well as in English.
(d) The provision of information shall be made in a manner
accessible to individuals with disabilities.
130532. 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.
CHAPTER 2. FINANCING AND EXPENSES
130540. The Governor may transfer from any fund available to the
Governor in the State Treasury those sums that may be necessary to
meet a state of public health emergency declared pursuant to this
act. Any money transferred pursuant to this section shall be repaid
to the fund from which the money was transferred when money becomes
available for that purpose, by legislative appropriation or
otherwise.
130542. The Governor may transfer funds pursuant to Section
130540 only if one or more of the following conditions exist:
(a) No appropriation or other authorization is available to meet
the public health emergency.
(b) An available appropriation is insufficient to meet the public
health emergency.
(c) Federal money available for the public health emergency
requires the use of state or other public money.
130544. All expenses incurred by the state during a state of
public health emergency shall be subject to the following
limitations:
(a) No expense shall be incurred against the money authorized
under this section without the approval of the Governor.
(b) The aggregate amount of all expenses incurred under this
section shall not exceed ____ dollars ($ ____) for any fiscal year.
(c) Money authorized for a state of public health emergency in
prior fiscal years may be used in subsequent fiscal years only for
the public health emergency for which the money was authorized.
Money authorized for a public health emergency in prior years that is
expended in subsequent fiscal years for the public health emergency
for which the money was authorized shall apply toward the expense
limit specified in subdivision (b) for the fiscal year in which the
money was authorized.
CHAPTER 3. LIABILITY
130550. The state and its political subdivisions, and except in
cases of gross negligence or willful misconduct, the Governor, a
public health authority, and any other state or local official
referred to in this act, shall not be liable for the death of, or any
injury to, persons, or damage to property as a result of complying
with or attempting to comply with this act or any rule or regulation
adopted pursuant to this act.
130552. During a state of public health emergency, any person
owning or controlling real estate or other premises who voluntarily
and without compensation grants a license or privilege, or otherwise
permits the designation or use of the whole or any part or parts of
the real estate or premises for the purpose of sheltering persons,
together with that person's successors in interest, if any, shall not
be civilly liable for negligently causing the death of, or injury
to, any person on or about the real estate or premises under the
license, privilege, or other permission, or for negligently causing
loss of, or damage to, the property of the person.
130554. During a state of public health emergency, any private
person, firm, or corporation, and employees and agents of the person,
firm, or corporation in the performance of a contract with, and
under the direction of, the state or its political subdivisions under
the provisions of this act shall not be civilly liable for causing
the death of, or injury to, any person or damage to any property
except in the event of gross negligence or willful misconduct.
130556. During a state of public health emergency, any private
person, firm, or corporation, and employees and agents of the person,
firm, or corporation, who renders assistance or advice at the
request of the state or its political subdivisions under the
provisions of this act shall not be civilly liable for causing the
death of, or injury to, any person or damage to any property except
in the event of gross negligence or willful misconduct.
130558. The immunities provided in this chapter shall not apply
to any private person, firm, or corporation, or to the employees and
agents of the person, firm, or corporation, whose act or omission
caused in whole or in part the public health emergency and who would
otherwise be liable for the act or omission.
CHAPTER 4. COMPENSATION
130560. Compensation for property shall be made only if private
property is lawfully taken or appropriated by a public health
authority for its temporary or permanent use during a state of public
health emergency declared by the Governor pursuant to this act.
130562. Any action against the state with regard to the payment
of compensation shall be brought in the courts of this state in
accordance with existing court laws and rules, or any rules that may
be developed by the courts for use during a state of public health
emergency.
130564. The amount of the compensation shall be calculated in the
same manner as compensation due for taking of property pursuant to
nonemergency eminent domain proceedings as provided in Title 7
(commencing with Section 1230.010) of Part 3 of the Code of Civil
Procedure, except that the amount of the compensation calculated for
items obtained under Article 4 (commencing with Section 130460) of
Chapter 1 of Part 3 shall be limited to the costs incurred to produce
the item.
CHAPTER 5. MISCELLANEOUS
130570. The provisions of this division are severable. If any
provision of this division or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
130572. This division does not preempt other laws or regulations
that preserve to a greater degree the powers of the Governor or the
public health authority if the laws or regulations are consistent
with this division and do not otherwise restrict or interfere with
the operation or enforcement of this division.
130574. In the event of a conflict between this division and
other laws or regulations or local ordinances concerning public
health powers, the provisions of this division apply.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
ALL INFORMATION,
DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL
INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE
OR OPINIONS OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING
MEDICAL OR LEGAL ADVICE. THE DECISION WHETHER OR NOT TO VACCINATE IS
AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE,
IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.