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

Under the bill, a state of disaster emergency shall continue for days unless sooner rescinded, extended, or amended by the general assembly, not the governor, and any initial extension of the proclamation by the general assembly shall not exceed days,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, with the consent request regarding the specific terms of surveillance being presented as a separate request and not combined with any other terms requiring consent; 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 the professional to prescribe a medication or treatment in accordance with the professional’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 health and human services (HHS or the department) relative to a public health disaster under Code chapter 135 (department of health and human services —— public health). The bill provides that the reasonable measures taken by HHS 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. The department may recommend, but not order, physical examinations, testing, and the collection of specimens necessary for the diagnosis and treatment of individuals. However, the affected individual has the ultimate authority in determining whether to submit to the recommended physical examination or testing, and shall not be subject to undue pressure or compulsion to submit to the recommendation. The department may isolate only infected individuals who refuse a physical examination or testing and who pose a danger to the public health. Additionally, the length of isolation shall not exceed the longest usual incubation period for the specific communicable disease. The department may recommend that individuals be vaccinated with a vaccine approved by the United States food and drug administration as safe and effective, but not vaccinate or order that individuals be vaccinated against an infectious disease or to prevent the spread of communicable or potentially communicable disease. Prior to administration of a vaccine, an adult or the parent or legal representative of a minor receiving the vaccine shall be provided with the federal vaccine information statement for the vaccine and verbally informed of the known and potential benefits and risks of the vaccine. Vaccination shall not be recommended if it is reasonably likely to lead to serious harm to the affected individual. The affected individual has the ultimate authority in determining whether to submit to the recommended vaccination, and shall not be subject to undue pressure or compulsion to submit to the recommendation. The department may isolate infected individuals. The department 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. The affected individual has the ultimate authority in determining whether to submit to the recommended treatment or prophylaxis, and shall not be subject to undue pressure or compulsion to submit to the recommendation. The department may isolate only individuals infected with disease who are unable or unwilling to undergo treatment or prophylaxis. The department may isolate only infected individuals or groups of individuals in accordance with Code chapter 139A (communicable and infectious diseases and poisonings) and the subchapter of Code chapter 135 relating to disaster preparedness. The bill requires the department to provide a link on the department’s internet site 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 this provision, including the criteria a qualified individual must meet to participate. The bill amends Code provisions under Code chapter 139A relating to the type and length of isolation or quarantine relating to communicable diseases to provide that the type and length of isolation or quarantine imposed for a specific communicable disease shall be in accordance with rules adopted by the department, and that the length of the isolation or quarantine shall not exceed the longest usual incubation period for the specific communicable disease. The bill amends provisions under Code chapter 139A 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.