Summary of Draft of Bill to Enact
The Model State Emergency Health Powers Act
I. General
A. Definitions: Sections 2 to 20, inclusive, of the draft define various terms for the purpose of a new chapter in NRS. Specifically, section 15 defines "public health emergency."
B. Regulations and Financial Aid: Section 21 of the draft requires the State Board to Health to adopt regulations concerning the reporting of certain illnesses and health conditions and incidents, and any other regulations to carry out the provisions of the chapter. Section 22 requires the State Health Officer to inform local health officers of such regulations. Section 23 authorizes this state to receive financial aid to carry out the provisions of the chapter.
II. Monitoring Illnesses, Diseases and Health Conditions.
A. Reporting: Sections 24 and 25 of the draft require a provider of health care, pharmacist, coroner, medical examiner, veterinarian, veterinary technician, and a person who cares for an animal to file written reports with a health authority concerning certain illnesses, diseases or health conditions that may pose a substantial and imminent risk of a significant number of fatalities of persons or animals, or incidents of permanent or long-term disability to persons.
B. Tracking and Sharing Information: Section 26 of the draft requires each health authority to investigate and track certain illnesses or health conditions that pose a substantial and imminent risk of a significant number of fatalities of persons, or incidents of permanent or long-team disability to persons, and authorizes the health authority to close, evacuate or decontaminate a health care facility or decontaminate or destroy any material in a health care facility when doing so if the facility or material may endanger the health of the public. Section 27 of the draft requires a public safety authority and health authority to notify certain agencies concerning certain illnesses, disease, health conditions and suspicious events.
III. State of Public Health Emergency
A. Declaration and Termination: Section 28 of the draft requires the Governor to declare a state of public health emergency if he determines that a public health emergency exists, and sets forth the powers of the Governor during a state of public health emergency. This section also provides for the termination of a state of public health emergency by the Governor, automatically after 30 days, or by the Legislature.
B. Effect of Declaration: Section 29 of the draft requires agencies of this state and political subdivisions of this state to put into effect their relevant emergency management plans immediately after a state of public health emergency is declared. This section further requires a health authority to issue special identification for certain workers. Section 30 of the draft sets forth the duties and powers of a health authority during a state of public health emergency.
C. Control of Facilities, Materials, Services and Travel: Section 31 of the draft authorizes a health authority to exercise control over certain facilities, materials, services, and travel during a state of pubic health emergency if the health authority determines it is proper or necessary to do so, other than property that a person has obtained for personal use or consumption.
D. Storage Disposal of Infectious Waste: Section 32 of the draft authorizes a health authority to take certain actions concerning infectious waste during a state of public health emergency that are necessary to respond to the emergency.
E. Corpses: Section 33 of the draft authorizes a health authority to take certain actions concerning corpses during a state of public health emergency to respond to the emergency. This section also requires each person who is responsible for disposing of corpses to maintain certain records concerning each corpse that he is responsible for during a state of public health emergency.
F. Health Care Supplies: Section 34 of the draft authorizes a heal6th authority to purchase and distribute certain health care supplies to prepare for or control a public health emergency. This section also authorizes a health authority to take certain actions concerning certain health care supplies during a state of public health emergency if necessary to protect the health, safety or welfare of persons in the state.
G. Compensation Section 35 of the draft provides that a health authority may procure property that it is authorized to procure during a state of public health emergency by any means, and that, with some exceptions, people who own property that is taken or destroyed are entitled to compensation from the state.
H. Destruction of Items: Section 36 sets forth the manner in which a health authority may petition a court for the destruction of items it has procured in investigating a potential public health emergency or during a state of public health emergency.
I. Mandatory Medical Examinations and Testing: Section 37 of the draft authorizes a health authority to compel a person to submit to a physical examination and testing under certain circumstances during a state of public health emergency, and to compel a provider of health care to perform the examination or testing.
J. Isolation and Quarantine: Section 38 of the draft authorizes a health authority to order a person or group of persons to be isolated or quarantined during a state of public health emergency under certain circumstances, and sets forth the manner in which such isolation or quarantine must be carried out. Section 39 of the draft provides the procedure for a health authority to obtain a court order to isolate or quarantine a person, and the procedure for a person to contest his isolation or quarantine. Section 40 of the draft requires a person who is quarantined or isolated to comply with certain rules, and prohibits certain person from entering areas of isolation or quarantine.
K. Vaccination and Treatment: Section 41 of the draft authorizes a health authority to compel a person to be vaccinated or treated for an infectious disease during a state of public health emergency under certain circumstance.
L. Collection of Specimens: Section 42 of the draft authorizes a health authority to collect specimens and perform tests on persons and animals during a state of public health emergency under certain circumstances.
M. Protected Health Information: Section 43 of the draft provides that certain health information concerning a person which relates to this chapter has protected health information, and may only be disclosed to certain persons under certain circumstances.
N. Health Professionals: Section 44 of the draft authorizes a health authority to authorize providers of health care who are licensed in other states to practice in this state during a state of public health emergency, and provides limited immunity from civil liability for these providers. Section 45 of the draft authorizes a health authority to authorize a medical examiner or coroner to appoint an assistant during a state of public health emergency, and provides limited immunity from civil liability for such assistants.
IV. Dissemination of Information to the Public
Section 46 of the draft requires a health authority to provide the persons of this state with certain information concerning a public health emergency, and to continually provide updates to the public so that they are fully informed of a public health emergency.
V. Commission on Public Health Emergency Planning
Section 47 of the draft creates the Commission on Public Health Emergency Planning in the Office of the Governor, and requires the Commission to recommend a plan for responding to a public health emergency which must include specific elements.
VI. Immunity from Liability
A. State: Section 48 of the draft provides that the State of Nevada, any political subdivision of the state, or any agency of the state or political subdivision, and any person working on a public health emergency is immune from liability for the death injury to persons or for damage to property that is a result activity conducted pursuant to laws concerning public health emergencies, under certain circumstances.
B. Private: Section 49 of the draft provides that during a state of public health emergency, a person who voluntarily permits part of his property to be used to shelter person, and a person who engages in certain conduct as directed by this state or a political subdivision of this state is immune from civil liability for causing the death of, or injury to a person or damage to property under certain circumstances.
VII. Compliance with Provisions of Chapter
A. Generally: Section 50 of the draft requires each person to cooperate with a governmental agency during a state of public health emergency. Section 51 of the draft provides that a person who refuses to comply with certain provisions of the chapter may be enjoined by a court of competent jurisdiction.
B. Penalties: Section 52 of the draft provides that a person who violates a provision of the chapter is guilty of a misdemeanor. Section 53 of the draft provides that a provider of health care, coroner, medical examiner, veterinarian, veterinary technician, owner of livestock, or health care facility that fails to comply with a requirement of the chapter is guilty of a misdemeanor and may be subject to an administration fine. Section 54 of the draft requires the district attorney prosecute violations of the chapter.
VII. Amendments to Various Provisions of NRS
Sections 55-90, inclusive, of the draft amend various existing provisions of NRS so that they are consistent with the provisions set forth above.
Update on Emergency Health Powers Act
February 12, 2002