ARTICLE I. TITLE, FINDINGS,
PURPOSES, AND DEFINITIONS
SECTION 1. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
Sections 1 to 38 of this Act
shall be known as the "Model State Emergency Health Powers Act."
SECTION 2. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
The General Assembly finds and
declares that:
(1) Kentucky
must do more to protect the health, safety, and general well-being of its
citizens;
(2) New
and emerging dangers, including but not limited to, 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 necessary;
(4) Emergency
health threats, including but not limited to, those caused by bioterrorism and
epidemics, require the exercise of extraordinary government functions;
(5) Kentucky
must have the ability to respond rapidly and effectively to potential or actual
public health emergencies;
(6) The
exercise of emergency health powers shall 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, Kentucky has a duty 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 the maintaining and preserving the
public’s health and security; and
(10) Sections
1 to 38 of this Act is necessary to protect the health and safety of the
citizens of Kentucky.
SECTION 3. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
The purposes Sections 1 to 38
of 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 a health 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; and
(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.
SECTION 4. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
As used in Sections 1 to 38 of
this Act, unless the context otherwise requires:
(1) "Act"
means the Model State Emergency Health Powers Act;
(2) “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 any microorganism, virus,
infectious substance, or biological product that is intended 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;
(3) “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;
(4) "Commission"
means the Public Health Emergency Planning Commission;
(5) “Contagious
disease” means an infectious disease that can be transmitted from person to
person;
(6) “Health
care facility” means any nonfederal institution, building, or agency, or any
portion thereof, whether public or private, 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. This
includes, but is not limited to, ambulatory surgical facilities, home health
agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney
treatment centers, long-term care facilities, medical assistance facilities,
mental health centers, outpatient facilities, public health centers,
rehabilitation facilities, residential treatment facilities, skilled nursing
facilities, and adult day-care centers. The term also includes, but is not
limited to, the following related property when used for or in connection with
a health care facility: laboratories; research facilities; pharmacies; laundry
facilities; health personnel training and lodging facilities; patient, guest,
and health personnel food service facilities; and offices and office buildings
for persons engaged in health care professions or services;
(7) “Health
care provider” means any person or entity who provides health care services, including
but not limited to, hospitals, medical clinics and offices, special care
facilities, medical laboratories, physicians, pharmacists, dentists, physician
assistants, nurse practitioners, registered and other nurses, paramedics,
emergency medical or laboratory technicians, and ambulance and emergency
medical workers, and any other health care professional required to be licensed
or certified under the laws of the Kentucky;
(8) “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;
(9) “Infectious
waste” means:
(a) “Biological
waste,” which includes but is not limited to blood and blood products,
excretions, exudates, secretions, suctioning and other body fluids, and waste
materials saturated with blood or body fluids;
(b) "Cultures
and stocks,” which includes but is not limited to etiologic agents and
associated biologicals, including but not limited to: specimen cultures and
dishes and devices used to transfer, inoculate, and mix cultures; wastes from
production of biologicals and serums; and discarded live and attenuated
vaccines;
(c) “Pathological
waste,” which includes but is not limited to: biopsy materials and all human
tissues; anatomical parts that emanate from surgery, obstetrical procedures,
necropsy, autopsy and laboratory procedures; and animal carcasses exposed to
pathogens in research and the bedding and other waste from those animals. The
term does not include teeth, formaldehyde, or other preservative agents; and
(d) “Sharps,”
which includes but is not limited to: needles; intravenous tubing with needles
attached; scalpel blades; lancets; breakable glass tubes; and syringes that
have been removed from their original sterile containers;
(10) “Isolation”
means the physical separation and confinement of individuals or groups who are
infected or reasonably believed to be infected with a contagious or possibly
contagious disease from nonisolated individuals, to prevent or limit the
transmission of the disease to nonisolated individuals;
(11) “Mental
health support personnel” means but is not limited to psychiatrists,
psychologists, social workers, and volunteer crisis counseling groups;
(12) "Organized
militia" means the Kentucky National Guard, the Kentucky Army National
Guard, the Kentucky Air National Guard, or any other military force organized
under the laws of this Commonwealth;
(13) “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 that reveals the identity of the
individual whose health care is the subject of the information, or where there
is a reasonable basis to believe the information could be utilized, either
alone or with other information that is or should reasonably be known to be
available to predictable recipients of the information, to reveal the identity
of that individual;
(14) “Public
health authority” means the Department for Public Health, any local government
agency that acts principally to protect or preserve the public’s health, or any
person authorized to act on behalf of the Department for Public Health or local
government agency;
(15) "Public
health emergency” means an occurrence or imminent threat of an illness or
health condition that is: caused by bioterrorism, natural disaster, epidemic or
pandemic disease, or novel and highly fatal infectious agent or biological
toxin, and that poses a substantial risk of a significant number of human
fatalities or incidents of permanent or long-term disability;
(16) “Public
safety authority” means the Department for Public Health, any local government
agency that acts principally to protect or preserve the public safety, or any
person authorized to act on behalf of the Department for Public Health or local
government agency;
(17) "Quarantine"
means the physical separation and confinement of an individual or group of
individuals who has been or may be exposed to a contagious or possibly
contagious disease and who does not show signs or symptoms of a contagious
disease, from nonquarantined individuals, to prevent or limit the transmission
of the disease to nonquarantined individuals;
(18) “Specimen”
means a sample of blood, sputum, urine, stool, other bodily fluids, wastes,
tissues, and cultures necessary to perform required tests;
(19) “Test”
means, 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; and
(20) "Trial
Court" means the court, either District or Circuit, for the county in
which isolation or quarantine is to occur, a court designated by the public
health emergency plan under Sections 1 to 38 of this Act, or a court, either
District or Circuit, for the county in which a public health emergency has been
declared.
ARTICLE II. PLANNING FOR A PUBLIC
HEALTH EMERGENCY
SECTION 5. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
The Governor shall appoint a
Public Health Emergency Planning Commission consisting of agency directors, or
their designees, of agencies the Governor deems relevant to public health
emergency preparedness, a representative group of state legislators, members of
the judiciary, and any other persons chosen by the Governor. The Governor shall
designate the chair of the commission.
SECTION 6. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The
commission shall, within six (6) months of its appointment, deliver to the
Governor a plan for responding to a public health emergency that includes
provisions or guidelines for the following:
(a) Notifying
and communicating with the population during a state of public health emergency
in compliance with Sections 1 to 38 of this Act;
(b) Central
coordination of resources, manpower, 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 medical supplies, drugs, vaccines, food,
shelter, clothing, and beds;
(d) Compliance
with the reporting requirements of Section 7 of this Act;
(e) The
continued, effective operation of the judicial system including, if necessary,
the identification and training of personnel to serve as emergency judges
regarding matters of isolation and quarantine as described in Sections 1 to 38
of 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 the provisions of Sections 1 to 38
of 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 wastes and human remains, in compliance with the
provisions of Sections 1 to 38 of 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 and outcomes of infected persons;
(m) Ensuring
that each city and county within the Commonwealth identifies the following:
1. Locations
where persons can be isolated or quarantined in compliance with the conditions
and principles for isolation and quarantine of Sections 1 to 38 of this Act;
2. Locations
where medical supplies, food, and other essentials can be distributed to the
population;
3. Locations
where public health and emergency workers can be housed and fed; and
4. Routes
and means of transportation of people and materials;
(n) Cultural
norms, values, religious principles, and traditions that may be relevant; and
(o) Other
measures necessary to carry out the purposes of Sections 1 to 38 of this Act.
(2) The
commission shall review its plan for responding to a public health emergency
every two (2) years.
ARTICLE III. MEASURES TO DETECT
AND TRACK PUBLIC HEALTH EMERGENCIES
SECTION 7. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) A
health care provider, coroner, or medical examiner shall report all cases of a
person who harbors any illness or health condition that may be potential causes
of a public health emergency. Reportable illnesses and health conditions
include but are not limited to the diseases caused by the biological agents
listed in 42 C.F.R. sec. 72, app. A, and any illnesses or health conditions
identified by the public health authority.
(2) In
addition to the provisions of subsection (1) of this section, a pharmacist
shall report any unusual or increased prescription rates, unusual types of
prescriptions, or unusual trends in pharmacy visits that may be potential
causes of a public health emergency. Prescription-related events that shall
require reporting include but are not limited to:
(a) An
unusual increase in the number of prescriptions for antibiotics;
(b) An
unusual increase in the number of prescriptions or over-the-counter
pharmaceuticals to treat conditions that the public health authority identifies
through administrative regulations; and
(c) Any
prescription that treats a disease that is relatively uncommon or may be
associated with bioterrorism.
(3) A
report under subsection (1) or (2) of this section shall be made electronically
or in writing within twenty-four (24) hours to the public health authority. The
report shall include as much of the following information as 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, current county of
residence, and current work and home address, including the city and county;
(c) The
name and address of the health care provider, coroner, or medical examiner and
of the reporting individual, if different; and
(d) Any
other information needed to locate the patient for follow-up. For cases related
to animal or insect bites, the suspected locating information of the biting
animal or insect and the name and address of any known owner shall be reported.
(4) Every
veterinarian, livestock owner, veterinary diagnostic laboratory director, or
other person having the care of animals shall report animals having or
suspected of having any disease that may be potential causes of a public health
emergency, including:
(a) The
specific illness or health condition that is the subject of the report;
(b) The
suspected locating information of the animal;
(c) The
name and address of any known owner; and
(d) The
name and address of the reporting individual.
(5) For
the purposes of this section, the definition of “health care provider” shall
include, but not be limited to, out-of-state medical laboratories, provided
that the laboratories have agreed to the reporting requirements of this
Commonwealth. Results shall be reported by the laboratory that performs the
test, but an in-state laboratory that sends specimens to an out-of-state
laboratory shall also be responsible for reporting the results.
(6) The
public health authority shall enforce the provisions of this section in
accordance with existing enforcement rules and administrative regulations.
SECTION 8. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The
public health authority shall:
(a) Ascertain
the existence of cases of an illness or health condition that my be potential
causes of a public health emergency;
(b) Investigate
all reported cases for sources of infection and to ensure that they are subject
to proper control measures; and
(c) Define
the distribution of the illness or health condition.
(2) To
fulfill the duties specified under subsection (1) of this section, the public
health authority shall identify exposed individuals as follows:
(a) Acting
on information developed in accordance with Sections 1 to 38 of this Act or
other reliable information, the 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) The
public health authority shall counsel and interview all individuals as
appropriate to assist in the positive identification of exposed individuals and
develop information relating to the source and spread of the illness or health
condition. This information shall include, but not be 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 spread; and
(c) The
public health authority shall, for examination purposes, close, evacuate, or
decontaminate any facility or decontaminate or destroy any material if the
authority reasonably suspects that the facility or material may endanger the
public health.
(3) An
order of the public health authority given to effectuate the purposes of this
section shall be enforceable immediately by the public safety authority.
SECTION 9. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) If
the public safety authority or any other state or local government agency
learns of a case of a reportable illness or health condition, an unusual
cluster, or a suspicious event that my be the cause of a public health
emergency, it shall immediately notify the public health authority.
(2) If
the public health authority learns of a case of a reportable illness or health
condition, an unusual cluster, or a suspicious event that it reasonably
believes has the potential to be caused by bioterrorism, it shall immediately
notify the appropriate public safety authority, tribal authorities, and federal
health and public safety authorities.
(3) Sharing
of information on reportable illnesses, health conditions, unusual clusters, or
suspicious events between public health and safety authorities shall be
restricted to the information necessary for the treatment, control,
investigation, and prevention of a public health emergency.
ARTICLE IV. DECLARING A STATE OF
PUBLIC HEALTH EMERGENCY
SECTION 10. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
A state of public health
emergency shall be declared by the Governor upon the occurrence of a public
health emergency. Prior to making this declaration, the Governor shall consult
with the public health authority and may consult with any public health and
other experts as needed. The Governor may act to declare a public health
emergency without this consultation if the circumstances require more
expeditious action.
SECTION 11. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
A state of public health
emergency shall be declared by an executive order that specifies:
(1) The
nature of the public health emergency;
(2) Any
political subdivision or geographic area subject to the declaration;
(3) The
conditions that have brought about the public health emergency; and
(4) The
primary public health authority responding to the emergency.
SECTION 12. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The
declaration of a state of public health emergency shall activate the disaster
response and recovery aspects of the state, local, and interjurisdictional
disaster emergency plans in the affected political subdivision or area. The
declaration shall authorize the deployment and use of any forces to which the
plans apply and the use or distribution of any supplies, equipment, and
materials and facilities assembled, stockpiled, or arranged to be made
available pursuant to Sections 1 to 38 of this Act.
(2) During
a state of public health emergency, the Governor may:
(a) Suspend
the provisions of any administrative regulation prescribing procedures for
conducting state business or the orders, rules, and administrative regulations
of any other state agency if strict compliance would prevent, hinder, or delay
necessary action, including the making of emergency purchases, by the public
health authority to respond to the public health emergency, or if strict
compliance would increase the health threat to the population;
(b) Utilize
all available resources of state government 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 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 this state; and
(f) Seek
aid from the federal government in accordance with the federal programs or
requirements.
(3) The
public health authority shall coordinate all matters pertaining to the public
health emergency response of the state. The public health authority shall have
primary jurisdiction, responsibility, and authority for:
(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 government authorities, elected officials of other
states, and private organizations, or private sector companies;
(d) Coordinating
recovery operations and mitigation initiatives subsequent to public health
emergencies; and
(e) Organizing
public information activities regarding public health emergency response
operations.
(4) After
the declaration of a state of public health emergency, 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.
SECTION 13. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
During a state of public
health emergency, the public health authority may request assistance in
enforcing orders pursuant to Sections 1 to 38 of this Act from the public
safety authority. The public safety authority may request assistance from the
organized militia in enforcing the orders of the public health authority.
SECTION 14. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) 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, or a significant risk of substantial future
harm to 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.
(2) Notwithstanding
any other provision of Sections 1 to 38 of this Act, the declaration of a state
of public health emergency shall be terminated automatically thirty (30) days
unless renewed by the Governor under the same standards and procedures set
forth in Sections 1 to 38 of this Act. Any renewal shall also be terminated
automatically after thirty (30) days unless renewed by the Governor under the
same standards and procedures set forth in Sections 1 to 38 of this Act.
(3) By
a majority vote of both chambers, the General Assembly may terminate the
declaration of a state of public health emergency after sixty (60) days at any
time from the date of original declaration 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, or a
significant risk of substantial future harm to 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. A termination by the General Assembly shall override any
renewal by the Governor.
(4) All
orders or legislative actions terminating a declaration of a state of public
health emergency shall indicate the nature of the emergency, any area that was
threatened, and the conditions that make possible the termination of the state
of public health emergency.
ARTICLE V. SPECIAL POWERS DURING
A STATE OF PUBLIC HEALTH EMERGENCY: MANAGEMENT OF PROPERTY
SECTION 15. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
The public health authority
may exercise, for any period as the state of public health emergency exists,
the following powers over dangerous facilities or materials:
(1) Close,
direct and compel the evacuation of, or decontaminate or cause to be
decontaminated any facility of which there is reasonable cause to believe that
it may endanger the public health; and
(2) Decontaminate,
cause to be decontaminated, or destroy any material of which there is
reasonable cause to believe that it may endanger the public health.
SECTION 16. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
The public health authority
may exercise, for the period during which the state of public health emergency
exists, the following powers concerning facilities, materials, roads, or public
areas:
(1) 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 thereof. Materials and facilities include, but are not
limited to, communication devices, carriers, real estate, fuels, food, and
clothing;
(2) Compel
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 as a condition of licensure, authorization, or the ability to
continue doing business in the state as a health care facility. The use of the
health care facility may include transferring the management and supervision of
the health care facility to the public health authority for a limited or
unlimited period of time but shall not exceed the termination of the
declaration of a state of public health emergency;
(3) Inspect,
control, restrict, and regulate by rationing and using quotas, prohibitions on
shipments, price fixing, allocation, or other means, the use, sale, dispensing,
distribution, or transportation of food, fuel, clothing, and other commodities,
as may be reasonable and necessary to respond to the public health emergency;
and
(4) For
the control of roads and public areas:
(a) Prescribe
routes, modes of transportation, and destinations in connection with evacuation
of persons or the provision of emergency services; and
(b) 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 therein,
if the action is reasonable and necessary to respond to the public health
emergency.
SECTION 17. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The public health authority may exercise,
for any period as the state of public health emergency exists, the following
powers regarding 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
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 the
action is reasonable and necessary to respond to the public health emergency.
The use of the business, facility, or property may include transferring the
management and supervision of the business, facility, or property to the public
health authority for a limited or unlimited period of time but shall not exceed
the termination of the declaration of a state of public health emergency; and
(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 this 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 thereof.
(2) All
bags, boxes, or other containers for infectious waste shall be clearly
identified as containing infectious waste and, if known, the type of infectious
waste.
SECTION 18. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The
public health authority may exercise, for the period as the state of public
health emergency exists, the following powers regarding 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. The
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 of any human remains of a person who has died of a contagious
disease through burial or cremation within twenty-four (24) hours after death.
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
human remains;
(d) Require
any business or facility authorized to embalm, bury, cremate, inter, disinter,
transport, and dispose of human remains under the laws of this state to accept
any human remains or provide the use of its business or facility if the actions
are reasonable and necessary to respond to the public health emergency. The use
of the business or facility may include transferring the management and
supervision of the business or facility to the public health authority for a
limited or unlimited period of time but shall not exceed the termination of the
declaration of a state of public health emergency; and
(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 this state as may be reasonable and necessary to respond to the
public health emergency, with the right to take immediate possession.
(2) Every
human remains prior to disposal shall be clearly labeled with all available
information to identify the decedent and the circumstances of death. Any human
remains of a deceased person with a contagious infectious disease shall have an
external and clearly visible tag indicating that the human remains is infected
and, if known, the contagious disease.
(3) Every
person in charge of disposing of any human remains shall maintain a written or
electronic record of each 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 shall, to
the extent possible, take fingerprints and photographs of the human remains,
obtain identifying dental information, and collect a DNA specimen. All
information gathered under this paragraph shall be promptly forwarded to the
public health authority.
SECTION 19. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The
public health authority may purchase and distribute antitoxins, serums,
vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or
medical supplies that it deems advisable in the interest of preparing for or
controlling a public health emergency, without any additional legislative
authorization.
(2) If
a state of public health emergency results in a statewide or regional shortage
or threatened shortage of any product covered by subsection (1) of this
section, whether or not the product has been purchased by the public health
authority, the public health authority may control, restrict, and regulate by
rationing and using quotas, prohibitions on shipments, allocations 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 Commonwealth.
(3) In
making rationing or other supply and distribution decisions, the public health
authority may give preference to health care providers, disaster response
personnel, and mortuary staff.
(4) During
a state of public health emergency, the public health authority may procure,
store, or distribute any antitoxins, serums, vaccines, immunizing agents, antibiotics,
and other pharmaceutical agents or medical supplies located within the state as
may be reasonable and necessary to respond to the public health emergency with
the right to take immediate possession thereof. If a public health emergency
simultaneously affects more than one (1) 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 these items or preventing
their fair and equitable distribution among affected states.
SECTION 20. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
The Commonwealth 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 Sections 1 to 38 of this Act according to the procedures
and standards set forth in Sections 1 to 38 of this Act. Compensation shall not
be provided for facilities or materials that are closed, evacuated,
decontaminated, or destroyed if there is reasonable cause to believe that they
may endanger the public health under the provisions of Sections 1 to 38 of this
Act.
SECTION 21. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
To the extent practicable and
consistent with the protection of public health, prior to the destruction of
any property under Sections 1 to 38 of this Act, the public health authority
shall institute appropriate civil proceedings against the property to be
destroyed in accordance with the existing laws and rules of the courts of this
Commonwealth or any 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 these proceedings shall, after entry of the decree, be
disposed of by destruction as the court may direct.
ARTICLE VI. SPECIAL POWERS DURING
A STATE OF PUBLIC HEALTH EMERGENCY: PROTECTION OF PERSONS
SECTION 22. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
During a state of public
health emergency, the public health authority shall use every available means
to prevent the transmission of infectious disease and to ensure that all cases
of contagious disease are subject to proper control and treatment.
SECTION 23. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) During
a state of public health emergency, the public health authority may perform
physical examinations or tests, or both, as necessary for the diagnosis or
treatment of individuals.
(2) (a) Medical
examinations or tests conducted under this section shall be performed by any
qualified person authorized to do so by the public health authority.
(b) Medical
examinations or tests shall not be performed if they are likely to lead to
serious harm to the affected individual.
(c) The
public health authority may isolate or quarantine, pursuant to the provisions
of Sections 1 to 38 of this Act, any person whose refusal of medical
examination or testing 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.
SECTION 24. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) (a) During a state of
public health emergency, the public health authority may vaccinate persons as
necessary to address the public health emergency, protect against infectious
disease, and prevent the spread of contagious or possibly contagious disease.
(b) Vaccination
shall be performed by a qualified person authorized to do so by the public
health authority.
(c) Any
vaccine that is being considered for administration shall not be a vaccine that
is reasonably likely to lead to serious harm to the affected individual.
(d) The
public health authority may isolate or quarantine, pursuant to the provisions
of Sections 1 to 38 of this Act, persons who are unable or unwilling for
reasons of health, religion, or conscience to undergo vaccination under this
section, in order to prevent the spread of contagious or possibly contagious
disease.
(2) (a) During a state of
public health emergency, the public health authority may treat persons exposed
to or infected with disease.
(b) Treatment
shall be administered by a qualified person authorized to do so by the public
health authority.
(c) Treatment
that is to be given shall not be treatment that is reasonably likely to lead to
serious harm to the affected individual.
(d) The
public health authority may isolate or quarantine, pursuant to the provisions
of Sections 1 to 38 of this Act, persons who are unwilling for reasons of
health, religion, or conscience to undergo treatment under this section, in
order to prevent the spread of contagious or possibly contagious disease.
SECTION 25. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) (a) During a public
health emergency, the public health authority may isolate or quarantine an
individual or group of individuals. This shall include individuals or groups
who have not been vaccinated, treated, tested, or examined under Sections 23
and 24 of this Act.
(b) The
public health authority may establish and maintain places of isolation and
quarantine, establish rules, and make orders.
(c) Failure
to obey the rules, orders, or provisions established under this section shall
constitute a class A misdemeanor.
(2) The
public health authority shall adhere to the following conditions and principles
when isolating or quarantining individuals or groups of individuals:
(a) Isolation
and 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 are not limited to, confinement to private homes or other private
and public premises;
(b) Isolated
individuals shall be confined separately from quarantined individuals;
(c) The
health status of isolated or quarantined individuals shall be monitored
regularly to determined if they require isolation or separation;
(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 promptly be 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 persons isolated and quarantined shall be addressed in a systematic
and competent fashion including but not limited to providing adequate food,
clothing, shelter, means of communication with those in isolation or quarantine
and outside these settings, medication, and competent medical care;
(g) 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; and
(h) To
the extent possible, cultural and religious beliefs should be considered in
addressing the needs of individuals and establishing and maintaining isolation
and quarantine premises.
(3) Persons
subject to isolation or quarantine shall obey the public health authority’s
rules and orders, and shall not go beyond the isolation or quarantine premises.
Failure to obey these provisions shall constitute a class A misdemeanor.
(4) (a) The 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 the public health authority, shall
enter isolation or quarantine premises. Failure to obey this provision shall
constitute a class A misdemeanor.
(c) Any
person entering an isolation or quarantine premises with or without
authorization of the public health authority may be isolated or quarantined
under this section.
SECTION 26. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) During
a public health emergency, the isolation and quarantine of an individual or
groups of individual shall be undertaken in accordance with the procedures set
forth in this section.
(2) (a) The public health
authority may temporarily isolate or quarantine an individual or groups of
individuals 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.
(b) The
written directive shall specify the following:
1. The
identity of the individual or group of individuals subject to the 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; and
5. A
copy of the provisions Section 4 of this Act, Section 25 of this Act, and this
section.
(c) 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
impracticable to provide individual copies, it may be posted in a conspicuous
place in the isolation or quarantine premises.
(d) Within
ten (10) days after issuing the written directive, the public health authority
shall file a petition under this section for a court order authorizing the
continued isolation or quarantine of the isolated or quarantined individual or
group of individuals.
(3) (a) The public health
authority shall make a written petition to the trial court for an order
authorizing the isolation or quarantine of an individual or group of individuals
if isolation or quarantine are appropriate and sought under the terms of
Sections 1 to 38 of this Act.
(b) A
petition under this subsection shall specify the following:
1. The
identity of the individual or group of individuals subject to the 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
statement of compliance with the conditions and principles for isolation and
quarantine under Section 25 of this Act; and
6. A
statement of the basis upon which isolation or quarantine is justified under
Sections 1 to 38 of this Act.
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
accomplished within twenty-four (24) hours in accordance with the Kentucky
Rules of Civil Procedure.
(d) A
hearing shall be held on any petition filed under this subsection within five
(5) days of filing the petition. In extraordinary circumstances and for good
cause shown, the public health authority may apply to continue the hearing date
for up to ten (10) days. The court may grant the continuance in its discretion,
giving consideration 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) 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.
1. An
order authorizing isolation or quarantine may do so for a period not to exceed
thirty (30) days.
2. The
order shall identify the isolated or quarantined individuals or group of
individuals by name or shared or similar characteristics or circumstances,
specify factual findings warranting isolation or quarantine pursuant to
Sections 1 to 38 of this Act, include any conditions necessary to ensure that
isolation or quarantine is carried out within the stated purposes and
restrictions of Sections 1 to 38 of this Act, and be served on affected
individuals or groups of individuals in accordance with the Kentucky Rules of
Civil Procedure.
(f) Prior
to the expiration of an order issued under this subsection, the public health
authority may move to continue isolation or quarantine for additional periods
not to exceed thirty (30) days each. The court shall consider the motion in
accordance with the standards identified in this section for consideration of
the original order.
(4) (a) An individual or
group of individuals isolated or quarantined under Sections 1 to 38 of 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 forty-eight (48) hours of its filing. If the
court grants the application, the court shall schedule a hearing on the order
to show cause within twenty-four (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) An
individual or group of individuals isolated or quarantined pursuant to Sections
1 to 38 of 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.
1. Upon
receipt of a request under this subsection alleging extraordinary circumstances
justifying the immediate granting of relief, the court shall fix a date for
hearing on the matters alleged not more than twenty-four (24) hours from
receipt of the request.
2. For
all other requests for relief under this subsection, the court shall fix a date
for hearing on the matters alleged within five (5) days from receipt of the
request.
(c) In
any proceedings brought for relief under this subsection, in extraordinary
circumstances and for good cause shown, the public health authority may move
the court to extend the time for a hearing, and the court may grant the
extension 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.
(5) A
record of the proceedings pursuant to this section shall be made and retained.
In the event that, given a state of public health emergency, the parties cannot
personally appear before the court, proceedings may be conducted by their authorized
representatives and be held by any means that allows all parties to fully
participate.
(6) The
court shall appoint counsel at state expense to represent individuals or groups
of individuals who are or who are about to be isolated or quarantined pursuant
to the provisions of Sections 1 to 38 of this Act 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 and shall last
throughout the duration of the isolation or quarantine of the individual or
groups of individuals. The public health authority shall provide adequate means
of communication between such individuals or groups and their counsel.
(7) 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 where:
(a) The
number of individuals involved or to be affected is so large as to render
individual participation impractical;
(b) There
are questions of law or fact common to the individual claims or rights to be
determined;
(c) The
group's claims or rights to be determined are typical of the affected
individuals’ claims or rights; and
(d) The
entire group will be adequately represented in the consolidation.
SECTION 27. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The public health authority may, for
any period during which the state of public health emergency exists, collect
specimens and perform tests on living persons as provided in Sections 1 to 38
of this Act or upon deceased persons or animals, and acquire any previously
collected specimens or test results that are reasonable and necessary to
respond to the public health emergency.
(2) All
specimens shall be clearly marked.
(3) Specimen
collection, handling, storage, and transport to the testing site shall be
performed in a manner that shall reasonably preclude specimen contamination or
adulteration and provide for the safe collection, storage, handling, and
transport of the specimen.
(4) Any
person authorized to collect specimens or perform tests shall use chain of
custody procedures to ensure proper recordkeeping, handling, labeling, and
identification of specimens to be tested. This requirement shall apply to all
specimens, including specimens collected using on-site testing kits.
(5) 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 any
support as reasonable and necessary to aid in a relevant criminal
investigation.
SECTION 28. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) Access
to protected health information of patients who have participated in medical
testing, treatment, vaccination, isolation, or quarantine programs or efforts
by the public health authority shall be limited to those persons who:
(a) Have
a legitimate need to acquire or use the information for purposes of providing
treatment or care to the individual who is the subject of the health
information;
(b) Are
conducting epidemiologic research; or
(c) Are
investigating the causes of transmission.
(2) Protected
health information held by the public health authority shall not be disclosed
to others without individual written specific informed consent, except for
disclosures made:
(a) Directly
to the individual;
(b) To
the individual’s immediate family members or personal representative;
(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;
or
(e) To
identify a deceased individual or determine the manner or cause of death.
SECTION 29. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The
public health authority may, during any period in which a state of public
health emergency exists, require in-state health care providers to assist in
the performance of vaccination, treatment, examination, or testing of any
individual as a condition of licensure, certification, relicensure, or
recertification, or as a condition to continue practicing within the scope of
practice of the health care providers.
(2) (a) The public health
authority may appoint and prescribe the duties of out-of-state emergency health
care providers as may be reasonable and necessary for emergency response during
any period in which a state of public health emergency exists.
(b) The
appointment of out-of-state emergency health care providers under this section
may be for a limited or unlimited time but shall not exceed the termination of
the state of public health emergency. The public health authority may terminate
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
Commonwealth.
(c) The
public health authority may waive any or all licensing requirements, permits,
or fees required by the Kentucky Revised Statutes and applicable orders, rules,
or administrative regulations for health care providers from other
jurisdictions to practice in this Commonwealth.
(d) Any
out-of-state emergency health care provider appointed under this section shall
not be held liable for any 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.
(3) (a) The public health
authority may authorize the 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 during
any period in which a state of public health emergency exists.
(b) The
appointment of emergency assistant medical examiners or coroners under this
section may be for a limited or unlimited time but shall not exceed the
termination of the state of public health emergency. The medical examiner or
coroner may terminate emergency appointments at any time or for any reason if
the termination will not impede the performance of the duties of the office.
(c) The
medical examiner or coroner may waive any or all licensing requirements,
permits, or fees required by the Kentucky Revised Statutes and applicable
orders, rules, or administrative regulations for the performance of these
duties.
(d) Any
emergency assistant medical examiner or coroner appointed under this section
who acts without malice and within the scope of the prescribed duties shall be
immune from civil liability in the performance of these duties.
ARTICLE VII. PUBLIC INFORMATION
REGARDING PUBLIC HEALTH EMERGENCY
SECTION 30. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The
public health authority shall inform the people of the Commonwealth when a
state of public health emergency has been declared or terminated, how to
protect themselves during the emergency, and what actions are being taken to
control the emergency.
(2) The
public health authority shall provide information by all available and
reasonable means that is calculated to bring the information promptly to the
attention of the general public.
(3) If
the public health authority has reason to believe there are large numbers of
people of the Commonwealth who lack sufficient skills in English to understand
the information, the public health authority shall make reasonable efforts to
provide the information in the primary languages of those people as well as in
English.
(4) The
provision of information shall be made in a manner accessible to individuals
with disabilities.
SECTION 31. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
During and after the
declaration of 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.
ARTICLE VIII. MISCELLANEOUS
SECTION 32. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
The public health authority
and other affected agencies are authorized to promulgate and implement rules
and regulations as are reasonable and necessary to implement and effectuate the
provisions of Sections 1 to 38 of this Act. The public health authority shall
have the power to enforce the provisions of Sections 1 to 38 of this Act through
the imposition of fines and penalties, the issuance of orders, and such other
remedies as are provided by law, but nothing in this section shall be construed
to limit specific enforcement powers enumerated in Sections 1 to 38 of this
Act.
SECTION 33. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) The
Governor may transfer from any fund available to the Governor in the Treasury
any sums as may be necessary during a state of public health emergency.
(2) Funds
transferred shall be repaid to the fund from which they were transferred when
funds become available for that purpose, by legislative appropriation or
otherwise.
(3) A
transfer of funds by the Governor under the provisions of this section may be
made only when one (1) or more of the following conditions exist:
(a) No
appropriation or other authorization is available to meet the public health
emergency;
(b) An
appropriation is insufficient to meet the public health emergency; or
(c) Federal
funds available for the public health emergency require the use of state or
other public funds.
(4) 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 funds authorized under this section
without the approval of the Governor;
(b) The
aggregate amount of all expenses incurred under the provisions of this section
shall not exceed two million dollars ($2,000,000) for any fiscal year; and
(c) Funds
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
they were authorized. Funds authorized for a public health emergency in prior
fiscal years and expended in subsequent fiscal years for the pubic health
emergency for which they were authorized shall apply toward the two million
dollars ($2,000,000) expense limit for the fiscal year in which they were
authorized.
SECTION 34. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) Neither
the Commonwealth, its political subdivisions, nor, except in cases of gross
negligence or willful misconduct, the Governor, the public health authority, or
any other state official referenced in Sections 1 to 38 of this Act shall 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 Sections 1 to 38 of this
Act or any rule or administrative regulations promulgated pursuant to Sections
1 to 38 of this Act.
(2) 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 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 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 or damage to the property of the
person.
(3) 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 Sections 1 to 38 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.
(4) 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 Commonwealth or its political
subdivisions under the provisions of Sections 1 to 38 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.
(5) The
immunities provided in this section shall not apply to any private person,
firm, or corporation or 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 therefor.
SECTION 35. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) 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
Sections 1 to 38 of this Act.
(2) Any
action against the Commonwealth with regard to the payment of compensation
shall be brought in the courts of this Commonwealth 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.
(3) The
amount of compensation shall be calculated in the same manner as compensation
due for taking of property pursuant to nonemergency eminent domain procedures,
as provided in KRS Chapter 416, except that the amount of compensation
calculated for items obtained under Sections 1 to 38 of this Act shall be
limited to the costs incurred to produce the item.
SECTION 36. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
The provisions of Sections 1
to 38 of this Act are severable. If any provision of Sections 1 to 38 of this
Act or its application to any person or circumstances is held invalid in a
federal or state court having jurisdiction, the invalidity shall will not
affect other provisions or applications of Sections 1 to 38 of this Act that
can be given effect without the invalid provision or application.
SECTION 37. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
Sections 1 to 38 of this Act
shall not be construed to explicitly preempt other laws or regulations that
preserve to a greater degree the powers of the Governor or public health
authority, provided the laws or regulations are consistent and do not otherwise
restrict or interfere with the operation or enforcement of the provisions of
Sections 1 to 38 of this Act.
SECTION 38. A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:
(1) Sections
1 to 38 of this Act shall not be construed to restrict any person from
complying with federal laws or regulations.
(2) If
a conflict exists between Sections 1 to 38 of this Act and other state or local
laws or administrations regulations concerning public health powers, the
provisions of Sections 1 to 38 of this Act shall control.
Section 39. Whereas it is vital that the Commonwealth be
thoroughly prepared to respond to a public health emergency at the earliest
possible date, an emergency is declared to exist, and this Act takes effect
upon its passage and approval by the Governor or upon its otherwise becoming a
law.
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.