Relating to the powers and duties applicable to state of disaster emergencies and public health disasters, including a prohibition on regulating religious institutions and practices

This bill relates to the powers and duties applicable during a state of disaster emergency or a public health disaster and prohibits the governor’s ability to regulate religious institutions and practices during these emergencies. The bill prohibits the governor from dictating a measure in a proclamation of a state of disaster emergency (proclamation) that unduly interferes with operations of a religious institution or otherwise impedes an individual’s practice of religion. “Religious institution” is defined in the bill. Current law provides that a state of disaster emergency shall continue for days unless terminated or extended by the governor. 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 Under the bill, a state of disaster emergency shall continue for days unless rescinded, extended, or amended by the general assembly, any initial extension of the proclamation shall not exceed days, and any subsequent extension shall not exceed 15-day increments. The bill also provides that if the general assembly is not in session, the legislative council may, by majority vote, rescind, extend, or amend the proclamation only once and the extension shall not exceed days. The bill places certain restrictions on measures dictated in a proclamation relating to constitutional rights, religious rights, patient rights, operations of private businesses, voting in public elections, health-related profession licensing and prescribing authority. The bill provides that if the issuance of a proclamation is a precondition to an exemption under federal law, or an action or inaction by the federal government, the restrictions on continuance, rescission, extension, or amendment do not apply to the proclamation. Under current law, HHS can take or order certain disease prevention actions be taken during a public health disaster. The bill instead provides that the department may only recommend vaccines approved by the United States food and drug administration and not reasonably likely to lead to serious harm to the individual. Under the bill, HHS may only recommend physical examinations, testing, and the collection of specimens necessary for the diagnosis and treatment of infected individuals and not reasonably likely to harm the individual. An affected individual has the ultimate authority to determine whether to submit to the department’s recommendations, and shall not be subject to undue pressure or compulsion to submit. Under current law, during a public health disaster, HHS can quarantine or isolate certain infected individuals. The bill instead allows HHS to isolate certain infected individuals for a period not to exceed the longest usual incubation period for the specific communicable disease. The bill provides that 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 and verbally informed of the known and potential benefits and risks of the vaccine. The department may isolate infected individuals. Under current law, during a public health disaster, HHS can order exposed or infected individuals to receive certain treatments or prophylaxis. Under the bill, HHS may only recommend that exposed or infected individuals receive treatment or prophylaxis if not reasonably likely to lead to serious harm to the individual. The infected individual has the ultimate authority to determine whether to submit to the recommendation, and shall not be subject to undue pressure or compulsion to submit. Under current law, HHS can quarantine or isolate infected individuals unwilling to undergo treatment or prophylaxis. Under the bill, HHS may isolate infected individuals unable or unwilling to undergo treatment or prophylaxis. The bill provides 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. Under current law, immunization is not required for enrollment in an elementary or secondary school or licensed child care center if a person, or, if the person is a minor, the minor’s parent or guardian, submits an affidavit stating that the immunization conflicts with the tenets and practices of a recognized religious denomination of which the person or the minor’s parent or guardian is an adherent or member. Under the bill, the submitted affidavit shall be accepted if it states the immunization conflicts with the sincerely held religious beliefs of the person or, if the person is a minor, the beliefs of the minor’s parent or guardian. The bill provides that if a child is exempt from vaccination, the exemption applies during times of emergency or epidemic.