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Under the bill, a state of disaster emergency shall continue for days unless rescinded, extended, or amended by the general assembly, not the governor, and any initial extension of the proclamation by the general assembly shall not exceed days,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. 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 the extension shall not exceed days. As described in the bill, a measure dictated in a state of disaster emergency proclamation shall have certain restrictions relating to constitutional rights, religious rights, patient rights, surveillance, health-related profession licensing and prescribing authority, and disease contraction monitoring. 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 a person at risk of contracting a contagious or infectious disease through contact with a contagious person or requiring a person to comply with such identification and monitoring efforts. The department may recommend, but not order, physical examinations, testing, and the collection of specimens necessary for the diagnosis and treatment of individuals. 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. The department may isolate infected individuals who refuse a physical examination or testing and who pose a danger to the public health. The length of isolation shall not exceed the longest usual incubation period for the specific communicable disease. The department may recommend 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 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. An affected individual has the ultimate authority to determine whether to submit to the recommended vaccination, and shall not be subject to undue pressure or compulsion to submit. The department may isolate infected individuals. The department may recommend, but not treat or order, 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. 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. The department may isolate individuals infected with disease who are unable or unwilling to undergo treatment or prophylaxis. The department may isolate 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 to administer this provision, including the criteria a qualified individual must meet to participate. 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.