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Public Health Emergency Response Act Becomes Law
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On July 9, 2003, the Governor signed the Public Health Emergency Response Authority Act, P.A. 03-236 strengthening certain powers and authorities of the Governor, the Commissioner of Public Health and local health directors during a public health emergency. The following summarizes some of the major provisions of the new law:
Authorizes the Governor to declare a public health emergency;
Authorizes the Commissioner of the Department of Public Health (DPH) to quarantine or isolate persons in a public health emergency if individual(s) are:
infected or exposed (or reasonably believed to be); and
determined to pose a significant threat to public health; and
isolation or quarantine is necessary and the least restrictive alternative to protect public health;
Notice of the right to a hearing, right to an attorney, and the right to cross-examine must be provided in the order;
If request for appeal is filed with Probate Court, a hearing must be held within 72 hours of receipt;
An appeal does not stay the order of isolation or quarantine but does stay a vaccination order;
Commissioner may order individual(s) vaccinated, if necessary, to prevent introduction or arrest the progress of a communicable disease;
Allows people (or parent or guardian on behalf of a minor) to refuse vaccination for any reason, including medical, religious, or conscientious grounds, and allows those who do so to be quarantined or isolated;
Qualified persons, including but not limited to dentists, paramedics and veterinarians may be authorized to vaccinate in an emergency;
Broadens local health directors’ existing quarantine authority, but specifies that they must follow the commissioner’s orders during a declared emergency;
Allows the Governor to seize antitoxins and pharmaceutical or other biologic products when there is a shortage during a public health or civil preparedness emergency;
Persons acting on behalf of the state in a public health emergency and acting within the scope of their practice or profession are not liable for damages or injury caused by an action that is not wanton, reckless or malicious. No immunity if vaccination administered without consent;
Commissioner may suspend for 60 days, in a public health emergency, requirement for CT licensure, certification or registration for persons appropriately licensed in another state or territory of the USA;
Requires DPH to develop a public health emergency response plan, which legislative leaders must review before it is approved;
Anyone who violates an order issued under the Act or who intentionally obstructs, resists, hinders or endangers any person authorized to respond in a public health emergency shall be subject to a fine of up to $1000 and/or imprisonment up to one year; and,
Allows DPH to authorize people to register death certificates and carry out related duties during an emergency.
This summary was compiled by Marianne Horn, J.D., R.N., Public Health Preparedness Attorney, CT DPH. For full text of the Public Act visit the following web address:
http://www.cga.state.ct.us/2003/act/Pa/2003PA-00236-R00HB-06676-PA.htm |
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