Relating to powers and duties applicable to state of disaster emergencies and public health disasters

This bill relates to duties and powers relative to emergency situations including a state of disaster emergency and public health disasters. The bill amends provisions relating to the proclamation of a state of disaster emergency by the governor. Current law provides that a state of disaster emergency shall continue for days unless sooner terminated or extended by the governor and that the general assembly, by concurrent resolution when in session or through the legislative council by majority vote if not in session, may rescind the proclamation. Under the bill, a state of disaster emergency shall continue for days unless sooner rescinded, extended, or amended by the general assembly, not the governor, and that any initial extension of the proclamation by the general assembly shall not exceed days, and any subsequent extension shall not exceed 60-day increments. Any rescission, extension, or amendment by the general assembly shall be effective upon the filing of the concurrent resolution or resolution of the legislative council with the secretary of state. The bill also provides that if the general assembly is not in session, the legislative council may, by majority vote, rescind, extend, or amend this proclamation only once and any extension shall not exceed days. Following any rescission, extension, or amendment of the proclamation by the legislative council, any additional action may only be taken by the general assembly. The bill also provides that a measure dictated in a state of disaster emergency proclamation shall not do any of the following: infringe on a fundamental constitutionally protected right unless the measure is justified by a compelling state interest, is narrowly tailored to achieve its specific purpose, and is achieved by the least restrictive means possible; restrict rights, interests, or activities in a manner that is not neutral or generally applicable; prohibit in-person interactions between religious leaders or individuals who are related by consanguinity or affinity with patients or residents of hospitals or health care facilities; authorize the use of mobile, cellular, or any other digital technologies to track or surveil persons without providing prior notice to and receiving consent from such persons; authorize the use of any drones, unmanned aerial vehicles, advanced robotics, or any artificial intelligence-based systems to enforce the proclamation; restrict the practice of a person holding a valid license to practice a health-related profession, or restrict the scope of service delivery of a hospital, clinic, or health care professional if the person or entity is otherwise practicing within the scope of a valid license; allow a health-related professional board to restrict the prescribing authority of a licensed health-related professional in a way that acts as a deterrent for a prescriber to use a medication or treatment in accordance with the prescriber’s best professional judgment; or require identification and monitoring of persons who may be at risk of contracting a contagious or infectious disease by virtue of contact with a contagious person in a manner consistent with known or suspected modes of transmission, require a person to comply with such identification and monitoring efforts including efforts that infringe on a person’s freedom of association, or establish, authorize, or enforce penalties for a person’s refusal to participate in the identification and monitoring efforts. The bill amends the duties of the department of public health (DPH) relative to a public health disaster. The bill provides that the reasonable measures taken by DPH to prevent the transmission of infectious disease and to ensure that all cases of communicable disease are properly identified, controlled, and treated shall not include requiring identification and monitoring of persons who may be at risk of contracting a contagious or infectious disease by virtue of contact with a contagious person in a manner consistent with known or suspected modes of transmission; requiring a person to comply with such identification and monitoring efforts including efforts that infringe on a person’s freedom of association; or establishing, authorizing, or enforcing penalties for a person’s refusal to participate in the identification and monitoring efforts including efforts that infringe on a person’s freedom of association. DPH may recommend, but not order, physical examinations, testing, and the collection of specimens necessary for the diagnosis and treatment of individuals and may isolate only infected individuals who refuse medical examination or testing and who pose a danger to the public health. DPH may recommend, but not vaccinate or order that individuals be vaccinated against an infectious disease or to prevent the spread of communicable or potentially communicable disease. Vaccination shall not be recommended if it is reasonably likely to lead to serious harm to the affected individual. DPH may isolate only infected individuals who are unable or unwilling to undergo vaccination. However, the bill provides that a vaccination shall not be recommended for a person under this provision of the bill and that DPH shall not isolate an infected person who is unable or unwilling to undergo vaccination pursuant to the bill if either of the following applies: the person, or if the person is a minor, the person’s parent or legal guardian, submits to DPH a statement signed by a physician, advanced registered nurse practitioner, or physician assistant who is licensed by the board of medicine, board of nursing, or board of physician assistants that the vaccination would be injurious to the health and well-being of the person or any member of the person’s family; or the person, or if the person is a minor, the person’s parent or legal guardian, submits to DPH an affidavit signed by the person, or if the person is a minor, the person’s parent or legal guardian, stating that the vaccination conflicts with the sincerely held religious beliefs of the applicant, or if the applicant is a minor, of the applicant’s parent or legal guardian. DPH may recommend, but not treat or order, that individuals infected with disease receive treatment or prophylaxis. Treatment or prophylaxis shall not be recommended if the treatment or prophylaxis is reasonably likely to lead to serious harm to the affected individual. DPH may isolate only individuals infected with disease who are unable or unwilling to undergo treatment or prophylaxis and may isolate only infected individuals or groups of individuals. The bill requires DPH to provide a link on the department’s internet website for qualified individuals to submit evidence-based information regarding a public health emergency or public health disaster and for members of the public to share their experiences. The department shall adopt rules pursuant to Code chapter 17A to administer the bill, including the criteria a qualified individual must meet to participate. The bill amends provisions relating to the immunization of children to provide that if a child is exempt from vaccination, the exemption applies during times of emergency or epidemic and provides that the religious exemption is based on the sincerely held religious beliefs of the applicant, or if the applicant is a minor, of the applicant’s parent or legal guardian, rather than based on a conflict with the tenets and practices of a recognized religious denomination of which the applicant is an adherent or member.