VACCINATION LAWS
(amended Aug. 9, 2009)
The purpose of this page is simply to provide
reproductions of and links to various federal and state laws and
regulations concerning vaccinations of citizens in the event of
pandemics, particularly the predicted "swine flu" episode for this
fall. There appears to be great interest at present regarding this
matter, yet there is no readily available source where an interested
American can actually read the relevant laws for every jurisdiction.
The author has been primarily concerned with compiling those laws that
actually subject a citizen to forced innoculations.
Prior to now, the author had never been concerned
with even reading these laws, and was, frankly, surprised by how few
there are. To make this compliation, the author reviewed the indexes
for the state and federal codes and performed word searches to locate
the relevant laws. All states have laws concerning the vaccination of
domestic and farm animals, but these laws are not relevant for this
inquiry and only some appear here. Most states require shots for
young shool children and those in college. They also require certain
medical and emergency personnel to take shots. Again, these laws are
beyond the scope of this compliation, and only a few are reproduced
here.
Students of this issue are strongly encouraged
to locate the relevant statutory provisions for their own State. Links
to State Codes are provided below, and many codes on the Net are
searchable. One may find via word searches the relevant laws, and
search terms include: vaccination, immunization, contagious diseases, quarantine,
bioterrorism. Once particular laws are found, please also study the
other laws in the same article, chapter, etc.
The author does not claim that this
compilation is exhaustive, nor has he completed a search of every
jurisdiction; such is very time-consuming. He has simply made an effort
to locate and
provide here those laws relating to forced vaccinations for the
jurisdictions noted below. Where
available on the Net, he has provided links to various state codes so
that the reader and student can research for himself. What appears
below are those laws that have thus far been located; as time permits
and the author performs more research, he will post more information.
It must be noted that a proposed model state act
regarding forced vaccinations, the Model
State Emergency Health Powers Act,
has been drafted and
made available to state legislatures for their consideration. However,
many states have yet to adopt it.
Should we have some fear of forced vaccines? Read
these articles about the close relationship between CDC officials and
Big Pharma:
What rights
do American citizens have to protect themselves against vaccines they
fear may cause them harm? See Union Pacific
Ry. Co. v. Botsford, 141 U.S. 250, 251 (1891)("no right is held
more sacred, or is more carefully guarded, by the common law, than the
right of every individual to the possession and control of his own
person."); Schloendorff v. Society
of New York Hosp., 211 N.Y. 125, 219, 105 N.E. 92, 93
(1914)(“Every human being of adult years and sound mind has a right to
determine what shall be done with his own body; and a surgeon who
performs an operation without his patient's consent commits an assault,
for which he is liable in damages. This is true except in cases of
emergency where the patient is unconscious and where it is necessary to
operate before consent can be obtained.”); Karp v. Cooley, 493 F.2d 408, 419
(5th Cir. 1974)(“The root premise jurisprudentially is that ‘[e]very
human being of adult years and sound mind has a right to determine what
shall be done with his own body’.”); In
re Duran, 2001 PA Super 52, 769 A.2d 497 (2001)(“The right to
refuse medical treatment is deeply rooted in our common law. This right
to bodily integrity was recognized by the United States Supreme Court
over a century ago when it proclaimed 'no right is held more sacred, or
is more carefully guarded, by the common law, than the right of every
individual to the possession and control of his own person. . . . ' Union Pacific Railway Co. v. Botsford,
141 U.S. 250, 251, 11 S.Ct. 1000, 1001, 35 L.Ed. 734, ___ (1891).”);
and Acuna v. Turkish, 192
N.J. 399, 414, 930 A.2d 416 (2007)(“The underlying basis for the
doctrine of informed consent is a patient's right of
self-determination, the right to intelligently decide whether to choose
or decline a particular medical procedure. See Niemiera v. Schneider,
114 N.J. 550, 562, 555 A.2d 1112 (1989); Schloendorff v. Soc'y of the
N.Y. Hosp., 211 N.Y. 125, 105 N.E. 92, 93 (1914) (Cardozo, J.) ('Every
human being of adult years and sound mind has a right to determine what
shall be done with his own body; and a surgeon who performs an
operation without his patient's consent, commits an assault, for which
he is liable in damages.')".
UNITED
STATES CODE
It must be remembered that the federal government is
one of limited jurisdiction, and it does not possess the police power
of the States. See Wilkerson
v.
Rahrer, 140 U.S. 545, 554, 11 S.Ct. 865, 866 (1891)
(the police power "is a power originally and always belonging to the
States,
not surrendered to them by the general government, nor directly
restrained
by the constitution of the United States, and essentially exclusive.");
Union
National Bank v. Brown, 101 Ky. 354, 41 S.W. 273 (1897); John
Woods
& Sons v. Carl, 75 Ark. 328, 87 S.W. 621, 623 (1905); Southern
Express Co. v. Whittle, 194 Ala. 406, 69 So.2d 652, 655 (1915); Shealey
v. Southern Ry. Co., 127 S.C. 15, 120 S.E. 561, 562 (1924) ("The
police power under the American constitutional system has been left to
the states. It has always belonged to them and was not surrendered by
them to the general government, nor directly restrained by the
constitution of the United States * * * Congress has no general power
to enact police regulations operative within the territorial limits of
a state."); and McInerney v. Ervin, 46 So.2d 458, 463 (Fla.
1950). Where is its constitutional authority to mandate that American
citizens be forcibly vaccinated? It is predicated on Congress' power
over foreign and interstate commerce, for which there are limits. See Railroad
Retirement Board v. Alton R. Co., 295 U.S. 330, 368, 55 S.Ct.
758, 771 (1935), where the Supreme Court held:
"The catalogue of
means
and
actions which might be imposed upon an employer in any business,
tending to
the satisfaction and comfort of his employees, seems endless. Provision
for
free medical attendance and nursing, for clothing, for food, for
housing, for the education of children, and a hundred other matters
might with equal propriety be proposed as tending to relieve the
employee of mental strain and worry. Can it fairly be said that the
power of Congress to regulate interstate
commerce extends to the prescription of any or all of these things? Is
it
not apparent that they are really and essentially related solely to the
social
welfare of the worker, and therefore remote from any regulation of
commerce
as such? We think the answer is plain. These matters obviously lie
outside
the orbit of congressional power."
The federal
Public Health
Service Act is codified at 42 U.S. Code, Part
G - Quarantine and Inspection, and it provides as follows:
42
U.S.C. Section 264. Regulations to control communicable diseases.
(a) Promulgation and enforcement by Surgeon General.
The Surgeon General, with the approval of the Secretary, is authorized
to make and enforce such regulations as in his judgment are necessary
to prevent the introduction,
transmission, or spread of communicable
diseases from foreign countries into the States or possessions, or from
one State or possession into any other State or possession. For
purposes of carrying out and enforcing such regulations, the Surgeon
General may provide for such inspection, fumigation, disinfection,
sanitation, pest extermination, destruction of animals or articles
found to be so infected or contaminated as to be sources of dangerous
infection to human beings, and other measures, as in his judgment may
be necessary.
(b) Apprehension, detention, or conditional release of individuals.
Regulations prescribed under this section shall not provide for the
apprehension, detention, or conditional release of individuals except
for the purpose of preventing the introduction, transmission, or spread
of such communicable diseases as may be specified from time to time in
Executive orders of the President upon the recommendation of the
Secretary, in consultation with the
Surgeon General.
(c) Application of regulations to persons entering from foreign
countries.
Except as provided in subsection (d) of this section, regulations
prescribed under this section, insofar as they provide for the
apprehension, detention, examination, or conditional release of
individuals, shall be applicable only to individuals coming into a
State or possession from a foreign country or a possession.
(d) Apprehension and examination of persons reasonably believed to be
infected.
(1) Regulations prescribed under this section may provide for the
apprehension and examination of any individual reasonably believed to
be infected with a communicable disease in a qualifying stage and (A)
to be moving or about to move from
a State to another State; or (B) to
be a probable source of infection to individuals who, while infected
with such disease in a qualifying stage, will be moving from a State to another
State. Such regulations may provide
that if upon examination any such individual is found to be infected,
he may be detained for such time and in such manner as may be
reasonably necessary. For purposes of this subsection, the term "State"
includes, in addition to the several States, only the District of
Columbia.
(2) For purposes of this subsection, the term "qualifying stage", with
respect to a communicable disease, means that such disease -
(A) is in a communicable stage; or
(B) is in a precommunicable stage, if the disease would be likely to
cause a public health emergency if transmitted to other individuals.
(e) Preemption.
Nothing in this section or section 266 of this title, or the
regulations promulgated under such sections, may be construed as
superseding any provision under State law (including regulations and
including provisions established by political subdivisions of States),
except to the extent that such a provision conflicts with an exercise
of Federal authority under this section or section 266 of this title.
42
U.S.C. Section 265. Suspension of entries and imports from
designated places to prevent spread of communicable diseases.
Whenever the Surgeon General determines that by reason of the existence
of any communicable disease in a foreign country there is serious
danger of the introduction of such disease into the United States,
and
that this danger is so increased by the introduction of persons or
property from such country that a suspension of the right to introduce
such persons and property is required in the interest of the public
health, the Surgeon General, in accordance with regulations
approved by
the President, shall have the power to prohibit, in whole or in part,
the introduction of persons and property from such countries or places
as he shall designate in order to avert such danger, and for such
period of time as he may deem necessary for such purpose.
42
U.S.C. Section 266. Special quarantine powers in time of war.
To protect the military and naval forces and war workers of the United
States, in time of war, against any communicable disease specified in
Executive orders as provided in subsection (b) of section 264 of this
title, the Secretary, in consultation with the Surgeon General, is
authorized to provide by regulations for the apprehension and
examination, in time of war, of any individual reasonably believed (1)
to be infected with such disease and (2) to be a probable source of
infection to members of the armed forces of the United States or to
individuals engaged in the production or transportation of arms,
munitions, ships, food, clothing, or other supplies for the armed
forces. Such regulations may provide that if upon examination any such
individual is found to be so infected, he may be detained for such time
and in such manner as may be reasonably necessary.
42
U.S.C. Section 267. Quarantine stations, grounds, and anchorages.
(a) Control and management.
Except as provided in title II of the Act of June 15, 1917, as
amended [50 U.S.C. 191 et seq.], the Surgeon General shall control,
direct, and manage all United States quarantine stations, grounds, and
anchorages, designate their boundaries, and designate the quarantine
officers to be in charge thereof. With the approval of the President he
shall from time to time select suitable sites for and establish such
additional stations, grounds, and anchorages in the States and
possessions of the United States as in his judgment are necessary to
prevent the introduction of communicable diseases into the States and
possessions of the United States.
(b) Hours of inspection.
The Surgeon General shall establish the hours during which
quarantine service shall be performed at each quarantine station, and,
upon application by any interested party, may establish quarantine
inspection during the twenty-four hours of the day, or any fraction
thereof, at such quarantine stations as, in his opinion, require such
extended service. He may restrict the performance of quarantine
inspection to hours of daylight for such arriving vessels as cannot, in
his opinion, be satisfactorily inspected during hours of darkness. No
vessel shall be required to undergo quarantine inspection during the
hours of darkness, unless the quarantine officer at such quarantine
station shall deem an immediate inspection necessary to protect the
public health. Uniformity shall not be required in the hours during
which quarantine inspection may be obtained at the various ports of the
United States.
(c) Overtime pay for employees of Service.
The Surgeon General shall fix a reasonable rate of extra
compensation for overtime services of employees of the United States
Public Health Service, Foreign Quarantine Division, performing overtime
duties including the operation of vessels, in connection with the
inspection or quarantine treatment of persons (passengers and crews),
conveyances, or goods arriving by land, water, or air in the United
States or any place subject to the jurisdiction thereof, hereinafter
referred to as "employees of the Public Health Service", when required
to be on duty between the hours of 6 o'clock postmeridian and 6 o'clock
antemeridian (or between the hours of 7 o'clock postmeridian and 7
o'clock antemeridian at stations which have a declared workday of from
7 o'clock antemeridian to 7 o'clock postmeridian), or on Sundays or
holidays, such rate, in lieu of compensation under any other provision
of law, to be fixed at two times the basic hourly rate for each hour
that the overtime extends beyond 6 o'clock (or 7 o'clock as the case
may be) postmeridian, and two times the basic hourly rate for each
overtime hour worked on Sundays or holidays. As used in this
subsection, the term "basic hourly rate" shall mean the regular basic
rate of pay which is applicable to such employees for work performed
within their regular scheduled tour of duty.
(d) Payment of extra compensation to United States; bond or deposit to
assure payment; deposit of moneys to credit of appropriation.
(1) The said extra compensation shall be paid to the United
States by the owner, agent, consignee, operator, or master or other
person in charge of any conveyance, for whom, at his request, services
as described in this subsection (hereinafter referred to as overtime
service) are performed. If such employees have been ordered to report
for duty and have so reported, and the requested services are not
performed by reason of circumstances beyond the control of the
employees concerned, such extra compensation shall be paid on the same
basis as though the overtime services had actually been performed
during the period between the time the employees were ordered to report
for duty and did so report, and the time they were notified that their
services would not be required, and in any case as though their
services had continued for not less than one hour. The Surgeon General
with the approval of the Secretary of Health and Human Services may
prescribe regulations requiring the owner, agent, consignee, operator,
or master or other person for whom the overtime services are performed
to file a bond in such amounts and containing such conditions and with
such sureties, or in lieu of a bond, to deposit money or obligations of
the United States in such amount, as will assure the payment of charges
under this subsection, which bond or deposit may cover one or more
transactions or all transactions during a specified period: Provided,
That no charges shall be made for services performed in connection with
the inspection of (1) persons arriving by international highways,
ferries, bridges, or tunnels, or the conveyances in which they arrive,
or (2) persons arriving by aircraft or railroad trains, the operations
of which are covered by published schedules, or the aircraft or trains
in which they arrive, or (3) persons arriving by vessels operated
between Canadian ports and ports on Puget Sound or operated on the
Great Lakes and connecting waterways, the operations of which are
covered by published schedules, or the vessels in which they arrive.
(2) Moneys collected under this subsection shall be deposited in
the Treasury of the United States to the credit of the appropriation
charged with the expense of the services, and the appropriations so
credited shall be available for the payment of such compensation to the
said employees for services so rendered.
See 42 C.F.R. parts 70
& 71.
Comment
Many people believe, based on various
Presidential Executive Orders
dealing with the seizure of property and the commandeering
of institutions, including local governments, that the President has
the
constitutional and statutory authority to do so. However, this is not
the case. Long ago, President Truman, asserting inherent Presidential
powers, seized the steel mills. In Youngstown
Sheet & Tube Co. v. Sawyer,
343 U.S. 579 (1952), the Supreme Court noted the absence of statutory
authority for the President to do so and held his acts unlawful.
Consequently, just because some matter may be addressed in some fearful
Executive Order, do not assume that there is statutory authority for
the President to so act.
In reference to actions the federal government might
take during a
pandemic, the above quoted federal laws clearly show that they apply
only to “persons” coming from foreign countries or traveling between
States. Completely absent is an attempt to regulate pandemic events
inside a State, a matter clearly and obviously beyond congressional
powers. Since this is the clear limit of federal laws regarding
pandemics, executive authority (such as evidenced by executive orders)
attempting
to regulate pandemic events inside a State would be both without
statutory authority and unconstitutional.
The only method which federal executives could use
to attempt some control
over pandemics inside a State would be via issuing “decrees” to state
and local
governments and their officials. But, even doing this is
unconstitutional. In New
York v. United States,
505 U.S. 144, 188 (1992), the Court held that the "Federal
Government
may not compel the States to enact or administer a federal regulatory
program." In Printz
v. United States, 521 U.S. 898, 935 (1997), it also held:
"We held in New York that Congress
cannot compel the States to enact or enforce a federal regulatory
program. Today we hold that Congress cannot circumvent that prohibition
by conscripting the State's officers directly. The Federal Government
may neither issue directives requiring the States to address particular
problems, nor command the States' officers, or those of their political
subdivisions, to administer or enforce a federal regulatory program. It
matters not whether policymaking is involved, and no case by case
weighing of the burdens or benefits is necessary; such commands are
fundamentally incompatible with our constitutional system of dual
sovereignty."
The chief quarantine provisions in the Alabama Code
are found at Ala. Code Tit. 11, ch. 47, art. 5 (Powers as to Health,
Sanitation and Quarantine), and Ala. Code, section 22-12-1, et seq.,
dealing with quarantines.
Below are
those provisions concerning vaccinations of people for pandemics.
Section 11-47-131.
Powers as to health, sanitation and quarantine generally.
In addition to the powers granted to them by the applicable provisions
of this title or any other provisions of law, all cities and towns of
this state shall have the following powers, and the councils or other
governing bodies of such cities and towns may provide by ordinance or
resolution for the exercise or enforcement of the same:
(1) To prevent the introduction of contagious, infectious or
pestilential diseases into such cities or towns;
(2) To establish and regulate a sufficient quarantine, not inconsistent
with laws of the state, in the towns and cities and within the police
jurisdiction thereof and to punish any breach of quarantine law;
(3) To adopt such ordinances and regulations as the council or other
governing body may deem necessary to insure good sanitary
condition in public places or in private premises in the cities and
towns; and
(4) To prescribe the duties and fix the salaries and compensation for
such health officials as they may deem necessary.
Section 11-47-132.
Provision for system of compulsory vaccination, etc.
All cities and towns of this state shall have the power to adopt all
necessary ordinances and enforce the same to prevent the introduction
or spread of contagious, infectious or pestilential diseases in such
cities or towns and, to that end, may provide for a system of
compulsory vaccination and enforcement of the same.
Section 16-30-1
— Immunization or testing for certain diseases.
The State Health Officer is authorized, subject to the approval of the
State Board of Health, to designate diseases against which children
must be immunized or for which they must be tested prior to, or, in
certain instances after entry into the schools of Alabama.
Section 16-30-2
— Responsibilities of parents.
It shall be the responsibility of the parents or guardians of children
to have their children immunized or tested as required by Section
16-30-1.
Section 16-30-3
— Exceptions to chapter.
The provisions of this chapter shall not apply if:
(1) In the absence of an epidemic or immediate threat thereof, the
parent or guardian of the child shall object thereto in writing on
grounds that such immunization or testing conflicts with his religious
tenets and practices; or
(2) Certification by a competent medical authority providing individual
exemption from the required immunization or testing is presented the
admissions officer of the school.
Section 16-30-4
— Presentation of certificate upon initial entrance into school.
The boards of education and the governing authority of each private
school shall require each pupil who is otherwise entitled to admittance
to kindergarten or first grade, whichever is applicable, or any other
entrance into an Alabama public or private school, to present a
certification of immunization or testing for the prevention of those
communicable diseases designated by the State Health Officer, except as
provided in Section 16-30-3. Provided, however, that any student
presently enrolled in a school in this state, not having been immunized
upon initial entrance to school, is hereby required to present a
certification of immunization as described in this section upon
commencement of the next school year. Section 16-30-1 and this section
shall apply only to kindergarten through 12th grade and not to the
institutions of higher learning.
Section 16-30-5
— Rules and regulations.
The State Health Officer shall promulgate rules and regulations
necessary to carry out this chapter.
Section 22-11A-3.
Action of health officer upon being notified of diseases; quarantine.
Whenever the State Health Officer or his representative, or the county
health officer or his representative, is notified of any person or
persons afflicted with any of the notifiable diseases or health
conditions designated by the State Board of Health, he shall, at his
discretion, isolate or quarantine such person or persons as further
provided in this article. Such quarantine shall be established and
maintained in accordance with the rules adopted by the State Board of
Health for the control of the disease with which the person or persons
are afflicted.
Section 22-11A-7.
Persons having notifiable disease to obey directions of health
officials.
Any person reported as having any of the notifiable diseases or health
conditions designated by the State Board of Health shall conform to or
obey the instructions or directions given or communicated to him by the
county board of health, county health officer or his designee, or State
Board of Health, State Health Officer, or his designee, to prevent the
spread of the disease.
Section 22-11A-8.
Health officer to investigate complaints of diseases; afflicted persons
to be moved to suitable place; expenses of removal.
Whenever complaint is made in writing to the health officer of a county
that a person, not at his own home, is afflicted with any of the
notifiable diseases or health conditions designated by the State Board
of Health, such health officer shall, thoroughly and promptly,
investigate said complaint. If, upon investigation, said health officer
is of the opinion that said complaint is well founded, he may cause
such person to be removed to such place as may have been provided for
such cases in the county, city or town in which such person is found
or, if there is no such place provided for such cases, then, to such
place as said health officer may deem suitable, subject to the approval
of the authorities of the county, city or town, as the case may be. The
removal of said person shall be at the expense of said person, or, in
case the person is a minor, then, at the expense of his parent or
guardian or, if the person be indigent, then, at the expense of the
town, city, or county, as the case may be.
Section 22-12-1.
Enforcement of quarantine.
Quarantine shall be enforced by the state, by counties and by
incorporated cities and towns in accordance with the provisions of this
chapter.
Section 22-12-2.
State quarantine authority paramount.
The quarantine authority of the state shall be paramount to that of any
county, city or town therein.
Section 22-12-4.
Proclamation of quarantine by Governor.
The Governor, whenever he deems it necessary, or the State Board of
Health, shall proclaim quarantine, and when proclaimed, said Board of
Health shall enforce such quarantine under such regulations as may,
from time to time, be prescribed.
Section 22-12-13.
Enforcement of local quarantine.
When quarantine has been proclaimed for a county, incorporated city or
town in accordance with the provisions of this chapter, its enforcement
shall be entrusted to the health officer of the county, city or town,
respectively, the administration of any one or all of whom shall be
subject to the approval of the board of health of the county.
Section 22-12-26.
Arrests without warrants.
Any legal quarantine officer or guard may, without warrant, arrest a
person who attempts to violate a quarantine regulation and carry such
person either to a designated place of detention or before an officer
having jurisdiction of such offense.
Section 22-21-10.
Flu and pneumonia vaccinations for long term care facility residents
and employees.
(a) As used in this section, the following words have the following
meanings:
(1) EMPLOYEE. An individual who is a part-time or full-time employee of
the long term care facility.
(2) LONG TERM CARE FACILITY. The term includes a skilled nursing
facility, intermediate care facility, specialty care assisted living
facility or dementia care facility, or an assisted living facility
licensed under this chapter.
(b) Each long term care facility in this state shall conduct an
immunization program as provided in this section which gives residents
the opportunity to be immunized annually against the influenza virus
and to be immunized against pneumococcal disease and employees the
opportunity to be immunized against influenza virus.
(c) A long term care facility shall notify the resident upon admission
of the immunization program provided by this section and shall request
that the resident agree to be immunized against influenza virus and
pneumococcal disease.
(d) A long term care facility shall document the annual immunization
against influenza virus and the immunization against pneumococcal
disease for each resident and the annual immunization against influenza
virus for each employee, as provided in this section. Upon finding that
a resident is lacking the immunizations as provided herein or that an
employee has not been immunized against influenza virus, or if the long
term care facility is unable to verify that the individual has received
the required immunizations, the long term care facility shall provide
or arrange for immunization.
(e)(1) The annual immunization and documentation program provided by
this section for influenza shall be completed not later than November
30 of each year.
(2) The annual immunization and documentation program provided by this
section for pneumococcal disease shall be assessed within 5 days of
admission and when indicated.
(f) For an individual who becomes a resident of or who is newly
employed by the long term care facility after November 30, but before
March 30 of the following year, the long term care facility shall
determine the individual's status for the influenza virus required
under this section, and if found to be deficient, the long term care
facility shall provide the required immunizations.
(g) No individual, resident, or employee, shall be required to receive
vaccine under this section if the vaccine is medically contraindicated,
if the vaccine is against the individual's religious beliefs, or if the
individual refuses the vaccine after being fully informed of the health
risks of not being immunized.
(h) The State Board of Health may adopt rules to implement the
immunization provisions of this section.
(i) The State Health Officer shall waive the requirements of this
section in the event that there is a shortage of vaccine.
(j) The State Board of Health shall make available to long term care
facilities educational and informational materials pertaining to the
vaccination program provided in this section.
See 420-6-1-.01,
et seq: regulations for vaccination of school children.
AS § 14.30.125.
Immunization.
If in the judgment of the commissioner of health and social services it
is necessary for the welfare of the children or the general public in
an area, the governing body of the school district shall require the
children attending school in that area to be immunized against the
diseases the commissioner of health and social services may specify.
AS § 14.48.165.
Immunization of Postsecondary Students.
(a) A postsecondary educational institution in this state shall provide
written notice to each student who intends to reside in campus housing
before the student's initial period of residence that includes the
following information:
(1) meningococcal disease
(A) is a serious illness that can cause death within a few hours of
onset; one in 10 cases is fatal, and one in seven survivors of the
illness is left with severe disability;
(B) is a contagious but also largely preventable infection of the
spinal cord fluid and the fluid surrounding the brain;
(2) scientific evidence suggests that college students living in campus
housing are at a moderately increased risk of contracting meningococcal
disease; and
(3) immunization against meningococcal disease decreases the risk of
contracting the illness.
(b) A student attending a postsecondary educational institution shall
sign a document provided by the institution indicating that the student
has received
(1) an immunization against meningococcal disease; or
(2) the notice described under (a) of this section.
(c) Nothing in this section may be construed to require a postsecondary
educational institution to provide or pay for immunizations against
meningococcal disease.
It appears that most of the Alaska laws relating to
vaccinations appear solely in a single chapter of one title: 18
A.S. Chapter 15: Disease Control and Threats to Public Health.
Rather than reproducing such here, please follow the above link.
4 AAC 06.055.
Immunizations required.
(a) Before entry in a state public school district or nonpublic school
offering pre-elementary education through the 12th grade, or any
combination of these grades, a child shall be immunized against
(1) diptheria, tetanus, polio, pertussis, measles, and rubella, except
that pertussis is not required in children over six and rubella is not
required in children 12 years or older; and
(2) beginning July 1, 2001, mumps, hepatitus A, and hepatitus B.
(b) This section does not apply if the child
(1) has a valid immunization certificate consisting of
(A) a statement by a physician listing the date that each required
immunization was given; or
(B) a copy of a clinic or health center record listing the date that
each required immunization was given;
(2) has a statement signed by a doctor of medicine (M.D.), doctor of
osteopathy (D.O.), physician assistant, or advanced nurse practitioner
licensed to practice in this state, stating that immunizations would,
in that individual's professional opinion, be injurious to the health
of the child or members of the child's family or household; or
(3) has an affidavit signed by his parent or guardian affirming that
immunization conflicts with the tenets and practices of the church or
religious denomination of which the applicant is a member.
(c) A student registering in a school in a community where regular
medical services are not available on at least a weekly basis and who
does not have the required immunizations, may be provisionally admitted
to a pre-elementary, elementary or secondary program for a reasonable
period of time for the prevailing circumstances but not exceeding 90
days after enrollment. No children will be provisionally admitted
except in exceptional circumstances. Where exceptions are granted, they
shall be reported to and discussed with the communicable disease
section of the division of public health, Department of Health and
Social Services, who will then be responsible for determining that the
required immunizations are completed during the provisional period.
(d) If a parent or guardian is unable to pay the cost of immunization,
or immunization is not available in the district or community,
immunization shall be provided by state or federal public health
services.
(e) Immunizations shall be recorded on each pupil's permanent health
record form.
(f) School districts shall initiate action to exclude from school any
child to whom this section applies but who has not been immunized as
required by this section.
4 AAC 62.450.
Health in child care facilities.
(a) At or before admission of a child, a child care facility shall
obtain from the child's parent
(1) a valid immunization certificate; or
(2) evidence that the child is exempt from immunization.
(b) A valid immunization certificate is a copy of the child's original
immunization record showing that, in a manner consistent with the
timetable prescribed by the Department of Health and Social Services
childhood immunization schedule, the child has received, or has begun
and is continuing to receive, immunizations for the child's age against
(1) diphtheria, tetanus, polio, measles, and rubella;
(2) if the child is less than seven years of age, pertussis; and
(3) beginning July 1, 2001, mumps, hepatitus A, hepatitus B, chicken
pox, and Haemophilus influenzae type B. The immunization record is
limited to either or both a statement by a physician, listing the date
that each required immunization was given, or a clinic or health center
record, listing the date that each required immunization was given.
(c) Evidence of exemption from immunization must include one of the
following:
(1) a statement signed by a doctor of medicine (M.D.), doctor of
osteopathy (D.O.), physician assistant, or advanced nurse practitioner
licensed in this state, stating that immunizations would, in that
individual's professional opinion, be injurious to the health of the
child or members of the child's family or household;
(2) an affidavit signed by the child's parent or guardian, affirming
that immunization conflicts with the tenets and practices of the church
or religious denomination of which the parent or guardian is a member;
or
(3) entry for a one day exemption that the child is attending the child
care facility for the first time.
(d) A child care facility in a community where medical services are not
available on at least a weekly basis may provisionally admit a child
who does not have the immunization certificate required under (a) of
this section until the certificate can be obtained, but for no longer
than 60 days.
(e) A satisfactory immunization audit report from the Department of
Health and Social Services division of public health during the
previous licensure period will be accepted as evidence that the child
care facility satisfied the requirements of (a) - (d) of this section.
(f) A child care facility may admit a mildly ill child or allow the
child to remain in attendance if the child's needs do not compromise
the care of other children.
(g) A child care facility that cares for a mildly ill child shall
arrange a plan of care with the parent and provide a place where, under
supervision, the child may rest or play quietly, apart from other
children, where warranted.
(h) A child care facility may not admit a child who shows definite
signs of a serious illness or of a highly communicable disease or allow
the child to remain in attendance unless a medical provider approves
the child's attendance.
(i) A child care facility shall provide an opportunity for supervised
rest or sleep periods for each child under the age of five who is in
care more than five hours, and for any other child, if desired by the
child. For a child who is unable to sleep, the child care facility
shall provide time and space for quiet play.
Please review Title
36: Public Health and Safety.
A.R.S. § 15-872.
Proof of immunization; noncompliance; notice to parents; civil
immunity.
A. The director of the department of health services, in consultation
with the superintendent of public instruction, shall develop by rule
standards for documentary proof.
B. A pupil shall not be allowed to attend school without submitting
documentary proof to the school administrator unless the pupil is
exempted from immunization pursuant to section 15-873.
C. Each public school shall make full disclosure of the requirements
and exemptions as prescribed in this section and section 15-873.
D. On enrollment, the school administrator shall suspend that pupil if
the administrator does not have documentary proof and the pupil is not
exempted from immunization pursuant to section 15-873.
E. Notwithstanding subsections B and D of this section, a pupil may be
admitted to or allowed to attend a school if the pupil has received at
least one dose of each of the required immunizations prescribed
pursuant to section 36-672 and has established a schedule for the
completion of required immunizations. The parent, guardian or person in
loco parentis of a pupil shall present to the school administrator
documentary proof of the immunizations received and a schedule prepared
by the pupil's physician or registered nurse practitioner or a health
agency for completion of additional required immunizations.
F. The school administrator shall review the school immunization record
for each pupil admitted or allowed to continue attendance pursuant to
subsection E of this section at least twice each school year until the
pupil receives all of the required immunizations and shall suspend a
pupil as prescribed in subsection G of this section who fails to comply
with the immunization schedule. Immunizations received by a pupil shall
be entered in the pupil's school immunization record.
G. Unless proof of an exemption from immunization pursuant to section
15-873 is provided, a pupil who is admitted or allowed to continue to
attend and who fails to comply with the immunization schedule within
the time intervals specified by the schedule shall be suspended from
school attendance until documentary proof of the administration of
another dose of each appropriate immunizing agent is provided to the
school administrator.
H. The provisions of subsections B, D and E of this section do not
apply to homeless pupils until the fifth calendar day after enrollment.
I. A school and its employees are immune from civil liability for
decisions concerning the admission, readmission and suspension of a
pupil that are based on a good faith implementation of the requirements
of this article.
A.R.S. § 15-873.
Exemptions; nonattendance during outbreak.
A. Documentary proof is not required for a pupil to be admitted to
school if one of the following occurs:
1. The parent or guardian of the pupil submits a signed statement to
the school administrator stating that the parent or guardian has
received information about immunizations provided by the department of
health services and understands the risks and benefits of immunizations
and the potential risks of nonimmunization and that due to personal
beliefs, the parent or guardian does not consent to the immunization of
the pupil.
2. The school administrator receives written certification that is
signed by the parent or guardian and by a physician or a registered
nurse practitioner, that states that one or more of the required
immunizations may be detrimental to the pupil's health and that
indicates the specific nature and probable duration of the medical
condition or circumstance that precludes immunization.
B. An exemption pursuant to subsection A, paragraph 2 is only valid
during the duration of the circumstance or condition that precludes
immunization.
C. Pupils who lack documentary proof of immunization shall not attend
school during outbreak periods of communicable immunization-preventable
diseases as determined by the department of health services or local
health department. The department of health services or local health
department shall transmit notice of this determination to the school
administrator responsible for the exclusion of the pupils.
A.R.S. § 36-406.
Powers and duties of the department.
In addition to its other powers and duties:
1. The department shall:
(a) Administer and enforce this chapter and the rules, regulations and
standards adopted pursuant thereto.
(b) Review, and may approve, plans and specifications for construction
or modification or additions to health care institutions regulated by
this chapter.
(c) Have access to books, records, accounts and any other information
of any health care institution reasonably necessary for the purposes of
this chapter.
(d) Require as a condition of licensure that nursing care institutions
and assisted living facilities make vaccinations for influenza and
pneumonia available to residents on site on a yearly basis. The
department shall prescribe the manner by which the institutions and
facilities shall document compliance with this subdivision, including
documenting residents who refuse to be immunized. The department shall
not impose a violation on a licensee for not making a vaccination
available if there is a shortage of that vaccination in this state as
determined by the director.
2. The department may:
(a) Make or cause to be made inspections consistent with standard
medical practice of every part of the premises of health care
institutions which are subject to the provisions of this chapter as
well as those which apply for or hold a license required by this
chapter.
(b) Make studies and investigations of conditions and problems in
health care institutions, or any class or subclass thereof, as they
relate to compliance with this chapter and rules, regulations and
standards adopted pursuant thereto.
(c) Develop manuals and guides relating to any of the several aspects
of physical facilities and operations of health care institutions or
any class or subclass thereof for distribution to the governing
authorities of health care institutions and to the general public.
A.R.S. § 36-672.
Immunizations; department rules.
A. Consistent with section 15-873, the director shall adopt rules
prescribing required immunizations for school attendance, the approved
means of immunization and indicated reinforcing immunizations for
diseases, and identifying types of health agencies and health care
providers which may sign a laboratory evidence of immunity. The rules
shall include the required doses, recommended optimum ages for
administration of the immunizations, persons who are authorized
representatives to sign on behalf of a health agency and other
provisions necessary to implement this article.
B. The director, in consultation with the superintendent of public
instruction, shall develop by rule standards for documentary proof.
C. Immunization against the human papillomavirus is not required for
school attendance.
A.R.S. § 36-673.
Duties of local health departments; immunization; training; informed
consent.
A. A local health department in cooperation with each school within the
county shall provide for the required immunization of pupils attending
school.
B. A local health department shall provide immunizations required for
school attendance at no cost to the pupil or pupil's parent, guardian
or person in loco parentis.
C. A local health department, on request by a school nurse and approval
by the school administrator, shall train and authorize the school nurse
to administer required immunizations.
D. A minor child shall not be immunized without the informed consent of
the parent, guardian or person in loco parentis of the child. A pupil
who is at least eighteen years of age or is emancipated may consent to
immunization.
A.R.S. § 36-787.
Public health authority during state of emergency or state of war
emergency.
A. During a state of emergency or state of war emergency declared by
the governor in which there is an occurrence or imminent threat of an
illness or health condition caused by bioterrorism, an epidemic or
pandemic disease or a highly fatal infectious agent or biological toxin
and that poses a substantial risk of a significant number of human
fatalities or incidents of permanent or long-term disability, the
department shall coordinate all matters pertaining to the public health
emergency response of the state. The department has primary
jurisdiction, responsibility and authority for:
1. Planning and executing public health emergency assessment,
mitigation, preparedness response and recovery for this state.
2. Coordinating public health emergency response among state, local and
tribal authorities.
3. Collaborating with relevant federal government authorities, elected
officials of other states, private organizations and private sector
companies.
4. Coordinating recovery operations and mitigation initiatives
subsequent to public health emergencies.
5. Organizing public information activities regarding state public
health emergency response operations.
6. Establishing, in conjunction with applicable professional licensing
boards, a process for temporary waiver of the professional licensure
requirements necessary for the implementation of any measures required
to adequately address the state of emergency or state of war emergency.
7. Granting temporary waivers of health care institution licensure
requirements necessary for implementation of any measures required to
adequately address the state of emergency or state of war emergency.
B. In addition to the authority provided in subsection A of this
section, during a state of emergency or state of war emergency, the
governor, in consultation with the director of the department of health
services, may issue orders that:
1. Mandate medical examinations for exposed persons.
2. Ration medicine and vaccines.
3. Provide for transportation of medical support personnel and ill and
exposed persons.
4. Provide for procurement of medicines and vaccines.
C. In addition to the authority provided in subsections A and B, during
a state of emergency or state of war emergency in which there is an
occurrence or the imminent threat of smallpox, plague, viral
hemorrhagic fevers or a highly contagious and highly fatal disease with
transmission characteristics similar to smallpox, the governor, in
consultation with the director of the department of health services,
may issue orders that:
1. Mandate treatment or vaccination of persons who are diagnosed with
illness resulting from exposure or who are reasonably believed to have
been exposed or who may reasonably be expected to be exposed.
2. Isolate and quarantine persons.
D. Law enforcement officials of this state and the national guard shall
enforce orders issued by the governor under this section.
E. Diseases subject to this section do not include acquired immune
deficiency syndrome or other infection caused by the human
immunodeficiency virus.
F. If during a state of emergency or state of war emergency the public
health is not endangered nothing in this title shall authorize the
department or any of its officers or representatives to impose on any
person against the person's will any mode of treatment, provided that
sanitary or preventive measures and quarantine laws are complied with
by the person. Nothing in this title shall authorize the department or
any of its officers or representatives to impose on any person contrary
to his religious concepts any mode of treatment, provided that sanitary
or preventive measures and quarantine laws are complied with by the
person.
G. At the governor's direction, the department may use reasonable
efforts to assist the persons and institutions affected by the state of
emergency or state of war emergency declared pursuant to this section
in seeking reimbursement of costs incurred as a result of providing
services related to the implementation of isolation and quarantine
under this article to the extent these services are not otherwise
subject to reimbursement.
A.R.S. §
36-789. Due process for isolation and quarantine during a
state of emergency or state of war emergency.
A. The department, or local health authority may isolate or
quarantine a person or group of persons through a written directive
without first obtaining a written order from the court if any delay in
the isolation or quarantine of the person would pose an immediate and
serious threat to the public health. The directive shall:
1. Specify the identity of the person or persons subject to isolation
or quarantine, the premises subject to isolation or quarantine, the
date and time at which isolation or quarantine commences, the suspected
highly contagious and fatal disease, if known, and that a state of
emergency has been declared by the governor.
2. Be given to the person or persons to be isolated or quarantined. if
the directive applies to groups of persons and it is impractical to
provide individual copies, it may be posted in a conspicuous place in
the isolation or quarantine premises.
B. Within ten days after issuing the written directive, or when any
delay in the isolation or quarantine of a person or group of persons
will not pose an immediate and serious threat to the public health, the
department or local health authority shall file a petition for a court
order authorizing the initial or continued isolation or quarantine of a
person or group of persons. The petition shall specify the following:
1. The identity of the person or group of persons subject to isolation
or quarantine.
2. The premises subject to isolation or quarantine.
3. The date and time at which isolation or quarantine commences.
4. The suspected contagious disease, if known.
5. A statement of compliance with the conditions and principles for
isolation and quarantine.
6. A statement of the basis on which isolation or quarantine is
justified pursuant to this article.
C. The petition must be accompanied by the sworn affidavit of the
department or local health authority attesting to the facts asserted in
the petition, together with any further information that may be
relevant and material to the court's consideration.
D. Notice to a person or group of persons identified in a petition
filed pursuant to subsection B of this section must be completed within
twenty-four hours after filing the petition and in accordance with the
rules of civil procedure.
E. A hearing must be held on a petition filed pursuant to this section
within five days after filing of the petition. In extraordinary
circumstances and for good cause shown, the department or local health
authority may apply to continue the hearing date on a petition for not
more than ten days. If the court grants a continuance it must give due
regard to the rights of the affected persons, the protection of the
public's health, the severity of the emergency and the availability of
necessary witnesses and evidence.
F. The court shall grant the petition if, by a preponderance of the
evidence, isolation or quarantine is shown to be reasonably necessary
to protect the public health.
G. A court order authorizing isolation or quarantine may do so for a
period not to exceed thirty days. The order must:
1. Identify the isolated or quarantined person or group of persons by
name or shared or similar characteristics or circumstances.
2. Specify factual findings warranting isolation or quarantine pursuant
to this article, including any conditions necessary to ensure that
isolation or quarantine is carried out within the stated purposes and
restrictions of this article.
3. Be served on an affected person or group of persons in accordance
with the rules of civil procedure.
H. Before an isolation or quarantine order expires, the department or
local health authority may move to continue the isolation or quarantine
for an additional period not to exceed thirty days. The court shall
grant the motion if, by a preponderance of the evidence, isolation or
quarantine is shown to be reasonably necessary to protect the public
health.
I. A person or group of persons isolated or quarantined pursuant to
this section may apply to the court for an order to show cause why the
person or group of persons should not be released. The court must rule
on the application to show cause within forty-eight hours after it is
filed. If the court grants the application, the court must schedule a
hearing on the order to show cause within twenty-four hours after it
issues the order to show cause. The issuance of an order to show cause
does not stay or enjoin an isolation or quarantine order.
J. A person isolated or quarantined pursuant to this section may
request a court hearing regarding the person's treatment and the
conditions of the quarantine or isolation.
K. On receiving a request for a hearing pursuant to subsection J of
this section, the court must set a date for a hearing. The hearing must
take place within ten days after the court receives the request. The
request for a hearing does not alter the order of isolation or
quarantine. If the court finds that the isolation or quarantine of the
person or group of persons does not comply with the requirements of
this section or section 36-788, the court may provide remedies
appropriate to the circumstances of the state of emergency, the rights
of the individual and in keeping with the provisions of this article.
L. A record of the proceedings pursuant to this section shall be made
and retained. If, because of a state of emergency or state of war
emergency declared pursuant to section 36-787, parties cannot
personally appear before the court, the proceedings may be conducted by
the authorized representatives of the parties and held by any means
that allows all parties to fully participate.
M. The court shall appoint counsel at state expense to represent a
person or group of persons who is subject to isolation or quarantine
pursuant to this article and who is not otherwise represented by
counsel. Representation by appointed counsel continues throughout the
duration of the isolation or quarantine of the person or group of
persons. The department or local health authority must provide adequate
means of communication between the isolated or quarantined persons and
their counsel.
N. In any proceedings brought pursuant to this section, to promote the
fair and efficient operation of justice and having given due regard to
the rights of the affected persons, the protection of the public's
health, the severity of the emergency and the availability of necessary
witnesses and evidence, the court may order the consolidation of
individual claims into groups of claims if:
1. The number of persons involved or to be affected is so large as to
render individual participation impractical.
2. There are questions of law or fact common to the individual claims
or rights to be determined.
3. The group claims or rights to be determined are typical of the
affected person's claims or rights.
4. The entire group will be adequately represented in the
consolidation.
Arkansas provides for vaccination of school children and college
students, health professionals, etc. However, there appears to be no
statutory authority empowering any public official to vaccinate in the
event of pandemics. See generally Title 20, Arkansas Code,
Chapter 15, "Disease and Disease Prevention Generally."
Section
6-18-702. Immunization.
(a) Except as otherwise provided by law, no infant or child shall be
admitted to a public or private school or child care facility of this
state who has not been age-appropriately immunized from poliomyelitis,
diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and
other diseases as designated by the State Board of Health, as evidenced
by a certificate of a licensed physician or a public health department
acknowledging the immunization.
(b)(1) The responsibility for the enforcement of this section rests
equally with each school district of this state and the parent or
guardian of the child or pupil, and each of them shall be separately
and individually liable for permitting any violation of this section.
(2)(A) The Division of Child Care and Early Childhood Education of the
Department of Human Services shall be responsible for enforcing this
section with respect to child care facilities.
(B) The division may promulgate appropriate rules and regulations, to
be approved by the Arkansas Early Childhood Commission, for the
enforcement of this section.
(C) The owners or managers of those facilities and any parent or
guardian violating the regulations shall be subject to the penalties
provided in the Child Care Facility Licensing Act, § 20-78-201 et
seq.
(c)(1)(A)(i) The division shall be responsible for enforcing this
section with respect to child care facilities.
(ii) The division may promulgate appropriate rules and regulations for
the enforcement of this section.
(B) The owners or managers of those facilities and any parent or
guardian violating the regulations shall be subject to the penalties
provided in the Child Care Facility Licensing Act, § 20-78-201 et
seq.
(2)(A) Regarding kindergarten through grade 12 (K-12), the State Board
of Education, after having consulted with the State Board of Health,
shall promulgate appropriate rules and regulations for the enforcement
of this section by school boards of directors, superintendents, and
principals.
(B) Any school official, parent, or guardian violating the regulations
shall be subject to the penalties imposed in this section.
(d)(1)(A) The State Board of Health shall promulgate rules and
regulations to ensure that all exemptions provided by this section
shall have a minimal effect on the health and safety of all children
attending day care or kindergarten through grade twelve (K-12).
(B) The rules shall provide for, but are not limited to, the tracking
of those children with exemptions so that appropriate steps may be
taken in the event of an outbreak or epidemic.
(2) The Department of Health, and no other department or entity, shall
grant exemptions provided by this section.
(3) If in the discretion of the health authority having jurisdiction or
of any physician licensed to practice by the Arkansas State Medical
Board any person to whom this section applies shall be deemed to have a
physical disability that may contraindicate vaccination, a certificate
to that effect issued by the health officer may be accepted in lieu of
a certificate of vaccination, provided that the exemption shall not
apply when the disability shall have been removed.
(4)(A) This section shall not apply if the parents or legal guardian of
that child object thereto on the grounds that immunization conflicts
with the religious or philosophical beliefs of the parent or guardian.
(B) The parents or legal guardian of the child shall complete an annual
application process developed in the rules and regulations of the
Department of Health for medical, religious, and philosophical
exemptions.
(C) The rules and regulations developed by the Department of Health for
medical, religious, and philosophical exemptions shall include, but not
be limited to:
(i) A notarized statement requesting a religious, philosophical, or
medical exemption from the Department of Health by the parents or legal
guardian of the child regarding the objection;
(ii) Completion of an educational component developed by the Department
of Health that includes information on the risks and benefits of
vaccination;
(iii) An informed consent from the parents or guardian that shall
include a signed statement of refusal to vaccinate based on the
Department of Health's refusal-to-vaccinate form; and
(iv) A signed statement of understanding that:
(a) At the discretion of the Department of Health, the unimmunized
child or individual may be removed from day care or school during an
outbreak if the child or individual is not fully vaccinated; and
(b) The child or individual shall not return to school until the
outbreak has been resolved and the Department of Health approves the
return to school.
(D) No exemptions may be granted under this subdivision (d)(4) until
the application process has been implemented by the Department of
Health and completed by the applicant.
(5) Furthermore, the provisions of this section requiring pertussis
vaccination shall not apply to any child with a sibling, either whole
blood or half blood, who has had a serious adverse reaction to the
pertussis antigen, which reaction resulted in a total permanent
disability.
(e) Any person found guilty of violating this section or the
regulations promulgated by the State Board of Education or the division
for the enforcement of this section shall be guilty of a violation and
upon conviction shall be fined not less than twenty-five dollars
($25.00) nor more than one hundred dollars ($100) for each offense.
Section 6-60-504.
Physical disabilities — Religious objections.
(a) If, at the discretion of a medical doctor licensed to practice in
Arkansas, an individual is deemed to have a physical disability which
may contraindicate one (1) or more of the vaccinations required by this
subchapter, a certificate approved by the Department of Health and
signed by the medical doctor may be accepted in lieu of proof of
vaccination.
(b)(1) The provisions of this subchapter shall not apply if the
individual furnishes to the college or university a letter of exemption
from the department.
(2)(A) The individual shall complete an annual application process
developed in the rules and regulations of the department for medical,
religious, and philosophical exemptions.
(B) The rules and regulations developed by the department for medical,
religious, and philosophical exemptions shall include, but not be
limited to:
(i) A notarized statement requesting a religious, philosophical, or
medical exemption from the department by the individual regarding the
objection;
(ii) Completion of an educational component developed by the department
that includes information on the risks and benefits of vaccination;
(iii) An informed consent from the individual that shall include a
signed statement of refusal to vaccinate based on the department's
refusal-to-vaccinate form; and
(iv) A signed statement of understanding that:
(a) At the discretion of the department, the unimmunized child or
individual may be removed from day care or school during an outbreak if
the child or individual is not fully vaccinated; and
(b) The child or individual shall not return to school until the
outbreak has been resolved and the department approves the return to
school.
(3) No exemptions may be granted under this subsection until the
application process has been implemented by the department and
completed by the applicant.
Section 20-10-1305.
Exemptions.
All residents of nursing home facilities and all full-time and
part-time employees of nursing home facilities shall be immunized
according to this subchapter with the following exemptions:
(1) No individual shall be required to receive either an influenza
virus vaccine or a pneumococcal pneumonia vaccine if the vaccine is
medically contraindicated as described in the product labeling approved
by the federal Food and Drug Administration; and
(2) The provisions of this subchapter shall not apply if the resident
or legal guardian objects on the ground that the immunization conflicts
with the religious tenets and practices of a recognized church or
religious denomination of which the resident or guardian is an adherent
or member.
Section 20-13-1202.
Vaccination program for first responders.
(a) The Division of Health of the Department of Health and Human
Services shall offer a vaccination program for first responders who
maybe exposed to infectious diseases while deployed to disaster
locations.
(b) Participation in the vaccination program shall be voluntary by the
first responders, except for first responders who are classified as
having occupational exposure to bloodborne pathogens as defined by the
Occupational Safety and Health Administration Standard contained in29
C.F.R. 1910.1030, as in effect on January 1, 2003, who shall be
required to take the designated vaccinations or as otherwise required
by law.
(c) The division shall notify first responders of the availability of
the vaccination program and shall provide first responders with
educational materials on ways to prevent exposure to infectious disease.
(d) The division may contract with county and local health departments,
not-for-profit home health care agencies, hospitals, and physicians to
administer a vaccination program for first responders.
(e)(1) This section shall be effective upon receipt of federal funding
or federal grants, or both, for administering a vaccination program for
first responders.
(2) Upon receipt of federal funding, the division shall make available
the vaccines required for first responders under this section.
For AIDS, see California
Health and Safety Code, Div. 5, part 4. See also California
Health and Safety Code.
Division 105 is entitled "Communicable Disease Prevention and Control,"
and some relevant parts are:
Section 120130.
Health & Safety.
(a) The department shall establish a list of reportable diseases and
conditions. For each reportable disease and condition, the department
shall specify the timeliness requirements related to the reporting of
each disease and condition, and the mechanisms required for, and the
content to be included in, reports made pursuant to this section. The
list of reportable diseases and conditions may include both
communicable and noncommunicable diseases. The list may include those
diseases that are either known to be, or suspected of being,
transmitted by milk or milk-based products. The list shall also
include, but not be limited to, diphtheria, listeria, salmonella,
shigella, streptococcal infection in food handlers or dairy workers,
and typhoid. The list may be modified at any time by the department,
after consultation with the California Conference of Local Health
Officers. Modification of the list shall be exempt from the
administrative regulation and rulemaking requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and shall be implemented without being adopted as
a regulation, except that the revised list shall be filed with the
Secretary of State and printed in the California Code of Regulations as
required under subdivision (d). Those diseases listed as reportable
shall be properly reported as required to the department by the health
officer.
(b) The department may from time to time adopt and enforce regulations
requiring strict or modified isolation, or quarantine, for any of the
contagious, infectious, or communicable diseases, if in the opinion of
the department the action is necessary for the protection of the public
health.
(c) The health officer may require strict or modified isolation, or
quarantine, for any case of contagious, infectious, or communicable
disease, when this action is necessary for the protection of the public
health.
(d) The list established pursuant to subdivision (a) and any subsequent
modifications shall be published in Title 17 of the California Code of
Regulations.
(e) Notwithstanding any other provision of law, no civil or criminal
penalty, fine, sanction, finding, or denial, suspension, or revocation
of licensure for any person or facility may be imposed based upon a
failure to provide the notification of a reportable disease or
condition that is required under this section, unless the disease or
condition that is required to be reported was printed in the California
Code of Regulations at least six months prior to the date of the
claimed failure to report.
(f) Commencing July 1, 2009, or within one year of the establishment of
a state electronic laboratory reporting system, whichever is later, a
report generated pursuant to this section by a laboratory shall be
submitted electronically in a manner specified by the department,
except that this electronic reporting requirement shall not apply to
reports of HIV infections. The department shall allow laboratories that
receive incomplete patient information to report the name of the
provider who submitted the request to the local health officer.
(g) The department may on its Web site and via electronic mail advise
out-of-state laboratories that are known to the department to test
specimens from California residents of the new reporting requirements.
Section 120140.
Health & Safety.
Upon being informed by a health officer of any contagious, infectious,
or communicable disease the department may take measures as are
necessary to ascertain the nature of the disease and prevent its
spread. To that end, the department may, if it considers it proper,
take possession or control of the body of any living person, or the
corpse of any deceased person.
Section 120145.
Health & Safety.
The department may quarantine, isolate, inspect, and disinfect persons,
animals, houses, rooms, other property, places, cities, or localities,
whenever in its judgment the action is necessary to protect or preserve
the public health.
Section 120150.
Health & Safety.
The department may destroy such objects as bedding, carpets, household
goods, furnishings, materials, clothing, or animals, when ordinary
means of disinfection are considered unsafe, and when the property is
in its judgment, an imminent menace to the public health.
Section 120155.
Health & Safety.
Pursuant to Section 11158 of the Government Code, the sheriff of
each county, or city and county, may enforce within the county, or the
city and county, all orders of the State Department of Public Health
issued for the purpose of preventing the spread of any contagious,
infectious, or communicable disease. Every peace officer of every
political subdivision of the county, or city and county, may enforce
within the area subject to his or her jurisdiction all orders of the
State Department of Public Health issued for the purpose of preventing
the spread of any contagious, infectious, or communicable disease. This
section is not a limitation on the authority of peace officers or
public officers to enforce orders of the State Department of Public
Health. When deciding whether to request this assistance in enforcement
of its orders, the State Department of Public Health may consider
whether it would be necessary to advise the enforcement agency of any
measures that should be taken to prevent infection of the enforcement
officers.
Section 120335.
Health & Safety.
(a) As used in Chapter 1 (commencing with Section 120325, but excluding
Section 120380), and as used in Sections 120400, 120405, 120410, and
120415, the term "governing authority" means the governing board of
each school district or the authority of each other private or public
institution responsible for the operation and control of the
institution or the principal or administrator of each school or
institution.
(b) The governing authority shall not unconditionally admit any person
as a pupil of any private or public elementary or secondary school,
child care center, day nursery, nursery school, family day care home,
or development center, unless prior to his or her first admission to
that institution he or she has been fully immunized. The following are
the diseases for which immunizations shall be documented:
(1) Diphtheria.
(2) Haemophilus influenzae type b, except for children who have reached
the age of four years and six months.
(3) Measles.
(4) Mumps, except for children who have reached the age of seven years.
(5) Pertussis (whooping cough), except for children who have reached
the age of seven years.
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B for all children entering the institutions listed in
this subdivision at the kindergarten level or below on or after August
1, 1997.
(10) Varicella (chickenpox), effective July 1, 2001. Persons already
admitted into California public or private schools at the kindergarten
level or above before July 1, 2001, shall be exempt from the varicella
immunization requirement for school entry. This paragraph shall be
operative only to the extent that funds for this purpose are
appropriated in the annual Budget Act.
The department may adopt emergency regulations to implement this
paragraph including, but not limited to, requirements for documentation
and immunization status reports, in accordance with the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code). The initial adoption of emergency regulations shall
be deemed to be an emergency and considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, or general welfare. Emergency
regulations adopted pursuant to this paragraph shall remain in effect
for no more than 180 days.
(11) Any other disease deemed appropriate by the department, taking
into consideration the recommendations of the United States Public
Health Services' Centers for Disease Control Immunization Practices
Advisory Committee and the American Academy of Pediatrics Committee of
Infectious Diseases.
(c) On and after July 1, 1999, the governing authority shall not
unconditionally admit any pupil to the 7th grade level, nor
unconditionally advance any pupil to the 7th grade level, of any of the
institutions listed in subdivision (b) unless the pupil has been fully
immunized against hepatitis B.
(d) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
Section 120350.
Health & Safety.
The county health officer of each county shall organize and maintain a
program to make immunizations available to all persons required by
Chapter 1 (commencing with Section 120325, but excluding Section
120380) and required by Sections 120400, 120405, 120410, and 120415 to
be immunized. The county health officer shall also determine how the
cost of the program is to be recovered. To the extent that the cost to
the county is in excess of that sum recovered from persons immunized,
the cost shall be paid by the county in the same manner as other
expenses of the county are paid.
Section 120365.
Health & Safety.
Immunization of a person shall not be required for admission to a
school or other institution listed in Section 120335 if the parent or
guardian or adult who has assumed responsibility for his or her care
and custody in the case of a minor, or the person seeking admission if
an emancipated minor, files with the governing authority a letter or
affidavit stating that the immunization is contrary to his or her
beliefs. However, whenever there is good cause to believe that the
person has been exposed to one of the communicable diseases listed in
subdivision (a) of Section 120325, that person may be temporarily
excluded from the school or institution until the local health officer
is satisfied that the person is no longer at risk of developing the
disease.
Section 120375.
Health & Safety.
(a) The governing authority of each school or institution included in
Section 120335 shall require documentary proof of each entrant's
immunization status. The governing authority shall record the
immunizations of each new entrant in the entrant's permanent enrollment
and scholarship record on a form provided by the department. The
immunization record of each new entrant admitted conditionally shall be
reviewed periodically by the governing authority to ensure that within
the time periods designated by regulation of the department he or she
has been fully immunized against all of the diseases listed in Section
120335, and immunizations received subsequent to entry shall be added
to the pupil's immunization record.
(b) The governing authority of each school or institution included in
Section 120335 shall prohibit from further attendance any pupil
admitted conditionally who failed to obtain the required immunizations
within the time limits allowed in the regulations of the department,
unless the pupil is exempted under Section 120365 or 120370, until that
pupil has been fully immunized against all of the diseases listed in
Section 120335.
(c) The governing authority shall file a written report on the
immunization status of new entrants to the school or institution under
their jurisdiction with the department and the local health department
at times and on forms prescribed by the department. As provided in
paragraph (4) of subdivision (a) of Section 49076 of the Education
Code, the local health department shall have access to the complete
health information as it relates to immunization of each student in the
schools or other institutions listed in Section 120335 in order to
determine immunization deficiencies.
(d) The governing authority shall cooperate with the county health
officer in carrying out programs for the immunization of persons
applying for admission to any school or institution under its
jurisdiction. The governing board of any school district may use funds,
property, and personnel of the district for that purpose. The governing
authority of any school or other institution may permit any licensed
physician or any qualified registered nurse as provided in Section
2727.3 of the Business and Professions Code to administer immunizing
agents to any person seeking admission to any school or institution
under its jurisdiction.
Section 120390.5.
Health & Safety.
(a) Except as provided in subdivisions (b), (c), and (d), on or after
January 1, 2000, the Trustees of the California State University, and
the Regents of the University of California shall require the
first-time enrollees at those institutions who are 18 years of age or
younger to provide proof of full immunization against the hepatitis B
virus prior to enrollment.
.(b) A person who has not been fully immunized against the hepatitis B
virus, as required by subdivision (a), may be admitted by the governing
body of any of the institutions of higher education to which
subdivision (a) is applicable on condition that, within a designated
time period, the person will provide proof of full immunization against
hepatitis B.
(c) Immunization of a person shall not be required for admission to an
institution of higher education to which subdivision (a) is applicable
if any of the following persons files with the governing body of the
educational institution a letter or affidavit stating that the
immunization is contrary to the beliefs of either of the following:
(1) The parent, guardian, or adult who has assumed responsibility for
the care and custody of the person seeking admission, if that applicant
is a minor who is not emancipated or who is 17 years of age or younger.
(2) The person seeking admission, if that applicant is an emancipated
minor or is 18 years of age.
(d) If a person seeking enrollment in an institution of higher
education to which subdivision (a) is applicable, or the parent or
guardian of a person seeking enrollment, files with the governing body
a written statement by a physician and surgeon that the physical
condition of the person or medical circumstances relating to the person
are such that immunization is not considered safe, indicating the
specific nature and probable duration of the medical condition or
circumstances that contraindicate immunization, that person shall be
exempt from the requirements of subdivision (a).
Section 120455.
Health & Safety.
No person shall be liable for any injury caused by an act or omission
in the administration of a vaccine or other immunizing agent to a
minor, including the residual effects of the vaccine or immunizing
agent, if the immunization is either required by state law, or given as
part of an outreach program pursuant to Sections 120400 through 120415,
inclusive, and the act or omission does not constitute willful
misconduct or gross negligence.
Relevant regulations may be found in Cal. Admin. Code, tit.
17.
See generally Colo. Rev. Stat., Title
25, Art. 4, “Disease Control.”
Colo. Rev. Stat. § 23-5-128. Meningococcal disease - information -
immunity.
(1) As used in this section:
(a) "Institution" means any public or nonpublic postsecondary education
institution in the state.
(b) "New student" means each incoming freshman student residing in
student housing, as defined by the institution, or any student who the
institution requires to complete and return a standard certificate
indicating immunizations received by the student as a requirement for
residing in student housing.
(2) (a) On and after July 1, 2005, each institution shall provide to
each new student, or, if a new student is under the age of eighteen
years, to the student's parent or guardian, information concerning
meningococcal disease, including but not limited to the following:
(I) (A) Meningococcal disease is a serious disease;
(B) Meningococcal disease is a contagious, but a largely preventable,
infection of the spinal cord fluid and the fluid that surrounds the
brain;
(C) Scientific evidence suggests that college students living in
dormitory facilities are at a modestly increased risk of contracting
meningococcal disease; and
(D) Immunization against meningococcal disease decreases the risk of
contracting the disease.
(II) Web site addresses, telephone numbers, or other similar
information to assist a new student or the student's parent or legal
guardian in identifying a location or locations where the new student
may receive an immunization against meningococcal disease.
(b) An institution may provide the information required by subparagraph
(I) of paragraph (a) of this subsection (2) exactly as written or
through similar language that reasonably meets the intent of the
notification requirement and is based upon established and
scientifically recognized medical or epidemiological data.
(3) On and after July 1, 2005, each institution shall require each new
student who has not received a vaccination against meningococcal
disease, or, if the new student is under the age of eighteen years, the
student's parent or guardian, to check a box on a document provided by
the institution stating that the signor has reviewed the information
provided pursuant to subsection (2) of this section and has decided
that the new student will not obtain a vaccination against
meningococcal disease. An institution may include the acknowledgment
required in this section on another signed document used to collect
health or housing information that must be returned to the institution
and that the institution is already required to retain for other
purposes regarding the student's health or housing.
(4) Nothing in this section shall be construed to:
(a) Require a student who is planning to reside in student housing to
obtain the vaccination against meningococcal disease;
(b) Require an institution to provide or pay for the vaccination of a
student; or
(c) Prohibit an institution from establishing additional requirements
concerning meningococcal vaccination.
(5) An institution that has made a reasonable effort to comply with
this section shall not be liable for damages for injuries sustained by
a student as a result of contracting meningococcal disease where the
student's claim is based solely upon the provision of the information
required by paragraph (a) of subsection (2) of this section.
Colo. Rev. Stat. § 25-4-903. Exemptions from immunization.
(1) (Deleted by amendment, L. 97, p. 409, § 2, effective July 1,
1997.)
(2) It is the responsibility of the parent or legal guardian to have
his or her child immunized unless the child is exempted pursuant to
this section. A student shall be exempted from receiving the required
immunizations in the following manner:
(a) By submitting to the student's school certification from a licensed
physician that the physical condition of the student is such that one
or more specified immunizations would endanger his or her life or
health or is medically contraindicated due to other medical conditions;
or
(a) By submitting to the student's school certification from a licensed
physician or advanced practice nurse that the physical condition of the
student is such that one or more specified immunizations would endanger
his or her life or health or is medically contraindicated due to other
medical conditions; or
(b) By submitting to the student's school a statement of exemption
signed by one parent or guardian or the emancipated student or student
eighteen years of age or older that the parent, guardian, or student is
an adherent to a religious belief whose teachings are opposed to
immunizations or that the parent or guardian or the emancipated student
or student eighteen years of age or older has a personal belief that is
opposed to immunizations.
(3) The state board of health may provide, by regulation, for further
exemptions to immunization based upon sound medical practice.
(4) All information distributed to parents by school districts
regarding immunization shall inform them of their rights under
subsection (2) of this section.
Colo. Rev. Stat. § 25-4-2402. Legislative declaration.
(1) The general assembly hereby finds and declares that:
(a) Immunization is one of the most important ways to protect
individuals and communities against serious infectious diseases and
their consequences, and widespread immunization has virtually
eliminated many serious diseases that were once responsible for
millions of infections and thousands of deaths each year.
(b) Although immunization rates of infants, children, adolescents, and
adults in Colorado have improved over the last several years, there is
a need to continue to improve the rates so that fewer individuals are
put at risk from vaccine-preventable diseases.
(c) Timely vaccination of children, adolescents, and adults not only
protects them against common, sometimes serious, and potentially fatal
diseases, but also serves the community as one of the most successful
and cost-effective public health tools available for the prevention and
spread of these infections, and the vaccines are safe and highly
protective, particularly when administered according to recommended
schedules.
(d) More than twenty percent of preschool-aged children in Colorado are
not fully vaccinated and are at increased risk of contracting and
spreading vaccine-preventable diseases.
(e) It is unnecessary for children, adolescents, and adults to be
subjected to suffering or death from diseases that are immunization
preventable.
(f) In 2005, hospital charges for the care of children with
vaccine-preventable diseases exceeded twenty-five million dollars.
Additionally, tens of millions of dollars were spent on the costs of
the outpatient care of affected children, in addition to the costs of
the loss of productivity and absences from work for caregivers due to
the absences of children from school.
(g) Over the past three decades, the recommended vaccination schedules
for children and adults have become increasingly more complex as
vaccines have been combined, new vaccines have been added, and the
delivery system has incorporated more manufacturers, distributors, and
providers. Additionally, local and national vaccine shortages and
distribution errors have resulted in compromised vaccination
initiatives.
(h) For Colorado to be consistent with the healthy people 2010
initiative and reach the goal of immunizing ninety percent of all
children in the state in a timely and expeditious manner, the Colorado
immunization information system must be funded and sustained. The
Colorado immunization information system may also provide a secure
method for authorized individuals and entities to access information
collected by public agencies.
(2) Therefore, the general assembly supports the expansion of the
Colorado immunization registry and supports increased access to
immunizations for persons in Colorado.
See Chapter
368a, Department of Public Health.
Conn. Gen. Stat. § 19a-131a.
Declaration of public health emergency by Governor.
(a) In the event of a state-wide or regional public health emergency,
the Governor shall make a good faith effort to inform the legislative
leaders specified in subsection (b) of this section before declaring
that the emergency exists and may do any of the following: (1) Order
the commissioner to implement all or a portion of the public health
emergency response plan developed pursuant to section 19a-131g; (2)
authorize the commissioner to isolate or quarantine persons in
accordance with section 19a-131b; (3) order the commissioner to
vaccinate persons in accordance with section 19a-131e; (4) apply for
and receive federal assistance; or (5) order the commissioner to
suspend certain license renewal and inspection functions during the
period of the emergency and during the six-month period following the
date the emergency is declared to be over.
****
Conn. Gen. Stat. §
19a-131e. Orders of
vaccination. Appeal of order. Hearing.
(a) In the event of a public health emergency declared by the Governor
under section 19a-131a, the commissioner, as authorized by the Governor
pursuant to section 19a-131a, may issue an order for the vaccination of
such individuals or individuals present within a geographic area as the
commissioner deems reasonable and necessary in order to prevent the
introduction or arrest the progress of the communicable disease or
contamination that caused the declaration of such public health
emergency. The commissioner shall inform individuals subject to such
vaccination order of the benefits and risks of the vaccine and an
individual's option to refuse to be vaccinated for any reason,
including, but not limited to, health, religious or conscientious
objections. No individual shall be vaccinated unless such individual
or, if such individual is a minor, such individual's parent or guardian
has provided written consent for such vaccination.
(b) The commissioner may issue an order pursuant to section 19a-131b to
quarantine or isolate, as the case may be, any individual or group of
individuals who is unable or unwilling for any reason, including, but
not limited to, health, religion or conscience to undergo vaccination
pursuant to this section. A parent or legal guardian may refuse such
vaccination on behalf of a minor in the case where an order of
vaccination requires a minor to be vaccinated. For purposes of this
subsection, a minor is any person under the age of eighteen. Refusal of
such vaccination shall not be grounds for quarantine or isolation
without a reasonable belief that the individual or group of individuals
is infected with a communicable disease or is contaminated, or may be
exposed to a communicable disease or contamination, or may have been
exposed to a communicable disease or to contamination, or is at
reasonable risk of having a communicable disease or having been
contaminated, and poses a reasonable threat to the public health.
(c) Any individual subject to vaccination pursuant to this section may
appeal to the probate court for the district in which such individual
has been ordered vaccinated, and, if such individual or such
individual's representative asks the court, in writing, including, but
not limited to, by means of first class mail, facsimile machine or the
Internet, for a hearing, notwithstanding the form of such request, the
court shall hold a hearing not later than seventy-two hours after
receipt of such request, excluding Saturdays, Sundays and legal
holidays. Such request shall be received by the Probate Court not later
than forty-eight hours after the individual receives the order. The
commissioner may make application to the court to extend the time for a
hearing based on extraordinary circumstances. Court fees for such
hearing shall be paid from funds appropriated to the Judicial
Department, but if funds have not been included in the budget of the
Judicial Department for such purpose, such fees shall be waived by the
court. In considering whether to grant such extension, the court shall
give due regard to the rights of affected individuals, the protection
of the public's health, the severity of the need and available
witnesses and evidence. If such individual cannot appear personally
before the court, a hearing shall be conducted only if his or her
representative is present. The commissioner shall be a party to the
proceedings. The hearing may be held via any means that allow all
parties to fully participate in the event an individual may infect or
contaminate others.
(d) Notice of the hearing shall be given to the respondent and shall
inform the respondent that such respondent or his or her representative
has a right to be present at the hearing; that the respondent has a
right to counsel; that the respondent has the right to present
testimony from a licensed practitioner of the healing arts, as defined
in section 20-1; that court fees shall be waived; that the respondent,
if indigent or otherwise unable to pay for or obtain counsel, has a
right to have counsel appointed to represent the respondent; and that
the respondent has a right to cross-examine witnesses testifying at the
hearing. If the court finds such respondent is indigent or otherwise
unable to pay for or obtain counsel, the court shall appoint counsel
for such respondent, unless such respondent refuses counsel and the
court finds that the respondent understands the nature of his or her
refusal. The court shall provide such respondent a reasonable
opportunity to select such respondent's own counsel to be appointed by
the court. If the respondent does not select counsel or if counsel
selected by the respondent refuses to represent such respondent or is
not available for such representation, the court shall appoint counsel
for the respondent from a panel of attorneys admitted to practice in
this state provided by the Probate Court Administrator. If the order of
vaccination applies to individuals present in a described geographic
area, the court may appoint one or more attorneys to represent all the
individuals present within the described geographic area where there is
a commonality of interests of such individuals, except that an
individual may choose to be represented by his or her own attorney on
an individual basis. The reasonable compensation of appointed counsel
shall be established by, and paid from funds appropriated to, the
Judicial Department, but, if funds have not been included in the budget
of the Judicial Department for such purposes, such compensation shall
be established by the Probate Court Administrator and paid from the
Probate Court Administration Fund.
(e) Prior to such hearing, the Probate Court, such respondent or such
respondent's counsel or the commissioner shall be afforded access to
all records including, but not limited to, hospital records if such
respondent is hospitalized, and shall be entitled to take notes
therefrom. If such respondent is hospitalized at the time of the
hearing, the hospital, upon order of the Probate Court, shall make
available at such hearing for use by the respondent or his or her
counsel all records in its possession relating to the condition of the
respondent. All records relating to the condition of the respondent
shall be admissible at the request of any party or the Probate Court at
the hearing. Nothing in this subsection shall prevent timely objection
to the admissibility of evidence in accordance with the rules of civil
procedure.
(f) The court shall cause a recording of the testimony at such hearing
to be made, to be transcribed only in the event of an appeal from the
order rendered. A copy of such transcript shall be furnished without
charge to any appellant whom the Probate Court finds unable to pay for
the same. The cost of such transcript shall be paid from the funds
appropriated by the Judicial Department, but, if funds have not been
included in the budget of the Judicial Department for such purposes,
the cost of such transcription shall be established by the Probate
Court Administrator and paid from the Probate Court Administration Fund.
(g) At such hearing, the commissioner shall have the burden of showing,
by a preponderance of the evidence, that the conditions of subsection
(a) of this section are met. If the court, at such hearing, finds that
vaccination of the respondent is necessary and the least restrictive
alternative to protect and preserve the public health, the court shall
order the respondent to undergo vaccination, provided the court may
order the isolation or quarantine of any respondent who is unable or
unwilling for reasons of health, religion or conscience to undergo
vaccination, for a period of time sufficient to ensure such respondent
is not able to infect or contaminate others.
(h) If the court, at such hearing, fails to find that the conditions
required for an order for vaccination under subsection (a) of this
section have been proven, it shall vacate the order of vaccination.
(i) Any person aggrieved by an order of the Probate Court under this
section may appeal to the Superior Court. The appeal shall be confined
to the record, which shall consist of the transcript of the hearing and
all evidence received or considered by the Probate Court.
Conn. Gen. Stat. § 19a-222.
Vaccination.
Directors of health and boards of health may adopt such measures for
the general vaccination of the inhabitants of their respective towns,
cities or boroughs as they deem reasonable and necessary in order to
prevent the introduction or arrest the progress of smallpox, and the
expenses in whole or in part of such general vaccination shall, upon
their order, be paid out of the town, city or borough treasury, as the
case may be. Any person who refuses to be vaccinated, or who prevents a
person under his care and control from being vaccinated, on application
being made by the director of health or board of health or by a
physician employed by the director of health or board of health for
that purpose, unless, in the opinion of another physician, it would not
be prudent on account of sickness, shall be fined not more than five
dollars.
Connecticut Regulations
See 16
Del. Laws c. 5.
See Title
XXIX: Public Health, and Chap.
381.
Tit. X, § 112.181.
Firefighters, paramedics, emergency medical technicians, law
enforcement officers, correctional officers; special provisions
relative to certain communicable diseases.–
(1) DEFINITIONS.– As used in this section, the term:
(a) "Body fluids" means blood and body fluids containing visible
blood and other body fluids to which universal precautions for
prevention of occupational transmission of blood-borne pathogens, as
established by the Centers for Disease Control and Prevention, apply.
For purposes of potential transmission of meningococcal meningitis or
tuberculosis, the term "body fluids" includes respiratory, salivary,
and sinus fluids, including droplets, sputum, and saliva, mucous, and
other fluids through which infectious airborne organisms can be
transmitted between persons.
(b) "Emergency rescue or public safety worker" means any person
employed full time by the state or any political subdivision of the
state as a firefighter, paramedic, emergency medical technician, law
enforcement officer, or correctional officer who, in the course of
employment, runs a high risk of occupational exposure to hepatitis,
meningococcal meningitis, or tuberculosis and who is not employed
elsewhere in a similar capacity. However, the term "emergency rescue or
public safety worker" does not include any person employed by a public
hospital licensed under chapter 395 or any person employed by a
subsidiary thereof.
(c) "Hepatitis" means hepatitis A, hepatitis B, hepatitis non-A,
hepatitis non-B, hepatitis C, or any other strain of hepatitis
generally recognized by the medical community.
(d) "High risk of occupational exposure" means that risk that is
incurred because a person subject to the provisions of this section, in
performing the basic duties associated with his or her employment:
1. Provides emergency medical treatment in a non-health-care
setting where there is a potential for transfer of body fluids between
persons;
2. At the site of an accident, fire, or other rescue or public
safety operation, or in an emergency rescue or public safety vehicle,
handles body fluids in or out of containers or works with or otherwise
handles needles or other sharp instruments exposed to body fluids;
3. Engages in the pursuit, apprehension, and arrest of law
violators or suspected law violators and, in performing such duties,
may be exposed to body fluids; or
4. Is responsible for the custody, and physical restraint when
necessary, of prisoners or inmates within a prison, jail, or other
criminal detention facility, while on work detail outside the facility,
or while being transported and, in performing such duties, may be
exposed to body fluids.
(e) "Occupational exposure," in the case of hepatitis,
meningococcal meningitis, or tuberculosis, means an exposure that
occurs during the performance of job duties that may place a worker at
risk of infection.
(2) PRESUMPTION; ELIGIBILITY CONDITIONS.– Any emergency rescue or
public safety worker who suffers a condition or impairment of health
that is caused by hepatitis, meningococcal meningitis, or tuberculosis,
that requires medical treatment, and that results in total or partial
disability or death shall be presumed to have a disability suffered in
the line of duty, unless the contrary is shown by competent evidence;
however, in order to be entitled to the presumption, the emergency
rescue or public safety worker must, by written affidavit as provided
in s. 92.50, verify by written declaration that, to the best of his or
her knowledge and belief:
(a) In the case of a medical condition caused by or derived from
hepatitis, he or she has not:
1. Been exposed, through transfer of bodily fluids, to any person
known to have sickness or medical conditions derived from hepatitis,
outside the scope of his or her employment;
2. Had a transfusion of blood or blood components, other than a
transfusion arising out of an accident or injury happening in
connection with his or her present employment, or received any blood
products for the treatment of a coagulation disorder since last
undergoing medical tests for hepatitis, which tests failed to indicate
the presence of hepatitis;
3. Engaged in unsafe sexual practices or other high-risk
behavior, as identified by the Centers for Disease Control and
Prevention or the Surgeon General of the United States, or had sexual
relations with a person known to him or her to have engaged in such
unsafe sexual practices or other high-risk behavior; or
4. Used intravenous drugs not prescribed by a physician.
(b) In the case of meningococcal meningitis, in the 10 days
immediately preceding diagnosis he or she was not exposed, outside the
scope of his or her employment, to any person known to have
meningococcal meningitis or known to be an asymptomatic carrier of the
disease.
(c) In the case of tuberculosis, in the period of time since the
worker's last negative tuberculosis skin test, he or she has not been
exposed, outside the scope of his or her employment, to any person
known by him or her to have tuberculosis.
(3) IMMUNIZATION.– Whenever any standard, medically recognized
vaccine or other form of immunization or prophylaxis exists for the
prevention of a communicable disease for which a presumption is granted
under this section, if medically indicated in the given circumstances
pursuant to immunization policies established by the Advisory Committee
on Immunization Practices of the United States Public Health Service,
an emergency rescue or public safety worker may be required by his or
her employer to undergo the immunization or prophylaxis unless the
worker's physician determines in writing that the immunization or other
prophylaxis would pose a significant risk to the worker's health.
Absent such written declaration, failure or refusal by an emergency
rescue or public safety worker to undergo such immunization or
prophylaxis disqualifies the worker from the benefits of the
presumption.
(4) LIFE AND DISABILITY INSURANCE COVERAGE.– This section does
not apply to benefits payable under or granted in a noncompulsory
policy of life insurance or disability insurance, unless the insurer
and insured have negotiated for such additional benefits to be included
in the policy contract. However, the state or any political subdivision
of the state may negotiate a policy contract for life and disability
insurance which includes accidental death benefits or double indemnity
coverage for any condition or impairment of health suffered by an
emergency rescue or public safety worker, which condition or impairment
is caused by a disease described in this section and results in total
or partial disability or death.
(5) RECORD OF EXPOSURES.– The employing agency shall maintain a
record of any known or reasonably suspected exposure of an emergency
rescue or public safety worker in its employ to the diseases described
in this section and shall immediately notify the employee of such
exposure. An emergency rescue or public safety worker shall file an
incident or accident report with his or her employer of each instance
of known or suspected occupational exposure to hepatitis infection,
meningococcal meningitis, or tuberculosis.
(6) REQUIRED MEDICAL TESTS; PREEMPLOYMENT PHYSICAL.– In order to
be entitled to the presumption provided by this section:
(a) An emergency rescue or public safety worker must, prior to
diagnosis, have undergone standard, medically acceptable tests for
evidence of the communicable disease for which the presumption is
sought, or evidence of medical conditions derived therefrom, which
tests fail to indicate the presence of infection. This paragraph does
not apply in the case of meningococcal meningitis.
(b) On or after June 15, 1995, an emergency rescue or public
safety worker may be required to undergo a preemployment physical
examination that tests for and fails to reveal any evidence of
hepatitis or tuberculosis.
(7) DISABILITY RETIREMENT.– This section does not change the
basic requirements for determining eligibility for disability
retirement benefits under the Florida Retirement System or any pension
plan administered by this state or any political subdivision thereof,
except to the extent of affecting the determination as to whether a
member was disabled in the line of duty or was otherwise disabled.
Tit. XXIX, § 381.0011.
Duties and powers of the Department of Health.– It is the duty of the
Department of Health to:
(1) Assess the public health status and needs of the state
through statewide data collection and other appropriate means, with
special attention to future needs that may result from population
growth, technological advancements, new societal priorities, or other
changes.
(2) Formulate general policies affecting the public health of the
state.
(3) Include in the department's strategic plan developed under
1s. 186.021 a summary of all aspects of the public health mission and
health status objectives to direct the use of public health resources
with an emphasis on prevention.
(4) Administer and enforce laws and rules relating to sanitation,
control of communicable diseases, illnesses and hazards to health among
humans and from animals to humans, and the general health of the people
of the state.
(5) Cooperate with and accept assistance from federal, state, and
local officials for the prevention and suppression of communicable and
other diseases, illnesses, injuries, and hazards to human health.
(6) Declare, enforce, modify, and abolish quarantine of persons,
animals, and premises as the circumstances indicate for controlling
communicable diseases or providing protection from unsafe conditions
that pose a threat to public health, except as provided in ss. 384.28
and 392.545-392.60.
(a) The department shall adopt rules to specify the conditions
and procedures for imposing and releasing a quarantine. The rules must
include provisions related to:
1. The closure of premises.
2. The movement of persons or animals exposed to or infected with
a communicable disease.
3. The tests or treatment, including vaccination, for
communicable disease required prior to employment or admission to the
premises or to comply with a quarantine.
4. Testing or destruction of animals with or suspected of having
a disease transmissible to humans.
5. Access by the department to quarantined premises.
6. The disinfection of quarantined animals, persons, or premises.
7. Methods of quarantine.
(b) Any health regulation that restricts travel or trade within
the state may not be adopted or enforced in this state except by
authority of the department.
(7) Provide for a thorough investigation and study of the
incidence, causes, modes of propagation and transmission, and means of
prevention, control, and cure of diseases, illnesses, and hazards to
human health.
(8) Provide for the dissemination of information to the public
relative to the prevention, control, and cure of diseases, illnesses,
and hazards to human health. The department shall conduct a workshop
before issuing any health alert or advisory relating to food-borne
illness or communicable disease in public lodging or food service
establishments in order to inform persons, trade associations, and
businesses of the risk to public health and to seek the input of
affected persons, trade associations, and businesses on the best
methods of informing and protecting the public, except in an emergency,
in which case the workshop must be held within 14 days after the
issuance of the emergency alert or advisory.
(9) Act as registrar of vital statistics.
(10) Cooperate with and assist federal health officials in
enforcing public health laws and regulations.
(11) Cooperate with other departments, local officials, and
private boards and organizations for the improvement and preservation
of the public health.
(12) Maintain a statewide injury-prevention program.
(13) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
implement the provisions of law conferring duties upon it. This
subsection does not authorize the department to require a permit or
license unless such requirement is specifically provided by law.
(14) Perform any other duties prescribed by law.
Tit. XXIX, § 381.00315.
Public health advisories; public health emergencies.– The State Health
Officer is responsible for declaring public health emergencies and
issuing public health advisories.
(1) As used in this section, the term:
(a) "Public health advisory" means any warning or report giving
information to the public about a potential public health threat. Prior
to issuing any public health advisory, the State Health Officer must
consult with any state or local agency regarding areas of
responsibility which may be affected by such advisory. Upon determining
that issuing a public health advisory is necessary to protect the
public health and safety, and prior to issuing the advisory, the State
Health Officer must notify each county health department within the
area which is affected by the advisory of the State Health Officer's
intent to issue the advisory. The State Health Officer is authorized to
take any action appropriate to enforce any public health advisory.
(b) "Public health emergency" means any occurrence, or threat
thereof, whether natural or man made, which results or may result in
substantial injury or harm to the public health from infectious
disease, chemical agents, nuclear agents, biological toxins, or
situations involving mass casualties or natural disasters. Prior to
declaring a public health emergency, the State Health Officer shall, to
the extent possible, consult with the Governor and shall notify the
Chief of Domestic Security. The declaration of a public health
emergency shall continue until the State Health Officer finds that the
threat or danger has been dealt with to the extent that the emergency
conditions no longer exist and he or she terminates the declaration.
However, a declaration of a public health emergency may not continue
for longer than 60 days unless the Governor concurs in the renewal of
the declaration. The State Health Officer, upon declaration of a public
health emergency, may take actions that are necessary to protect the
public health. Such actions include, but are not limited to:
1. Directing manufacturers of prescription drugs or
over-the-counter drugs who are permitted under chapter 499 and
wholesalers of prescription drugs located in this state who are
permitted under chapter 499 to give priority to the shipping of
specified drugs to pharmacies and health care providers within
geographic areas that have been identified by the State Health Officer.
The State Health Officer must identify the drugs to be shipped.
Manufacturers and wholesalers located in the state must respond to the
State Health Officer's priority shipping directive before shipping the
specified drugs.
2. Notwithstanding chapters 465 and 499 and rules adopted
thereunder, directing pharmacists employed by the department to
compound bulk prescription drugs and provide these bulk prescription
drugs to physicians and nurses of county health departments or any
qualified person authorized by the State Health Officer for
administration to persons as part of a prophylactic or treatment
regimen.
3. Notwithstanding s. 456.036, temporarily reactivating the
inactive license of the following health care practitioners, when such
practitioners are needed to respond to the public health emergency:
physicians licensed under chapter 458 or chapter 459; physician
assistants licensed under chapter 458 or chapter 459; licensed
practical nurses, registered nurses, and advanced registered nurse
practitioners licensed under part I of chapter 464; respiratory
therapists licensed under part V of chapter 468; and emergency medical
technicians and paramedics certified under part III of chapter 401.
Only those health care practitioners specified in this paragraph who
possess an unencumbered inactive license and who request that such
license be reactivated are eligible for reactivation. An inactive
license that is reactivated under this paragraph shall return to
inactive status when the public health emergency ends or prior to the
end of the public health emergency if the State Health Officer
determines that the health care practitioner is no longer needed to
provide services during the public health emergency. Such licenses may
only be reactivated for a period not to exceed 90 days without meeting
the requirements of s. 456.036 or chapter 401, as applicable.
4. Ordering an individual to be examined, tested, vaccinated,
treated, or quarantined for communicable diseases that have significant
morbidity or mortality and present a severe danger to public health.
Individuals who are unable or unwilling to be examined, tested,
vaccinated, or treated for reasons of health, religion, or conscience
may be subjected to quarantine.
a. Examination, testing, vaccination, or treatment may be
performed by any qualified person authorized by the State Health
Officer.
b. If the individual poses a danger to the public health, the
State Health Officer may subject the individual to quarantine. If there
is no practical method to quarantine the individual, the State Health
Officer may use any means necessary to vaccinate or treat the
individual.
Any order of the State Health Officer given to effectuate this
paragraph shall be immediately enforceable by a law enforcement officer
under s. 381.0012.
(2) Individuals who assist the State Health Officer at his or her
request on a volunteer basis during a public health emergency are
entitled to the benefits specified in s. 110.504(2), (3), (4), and (5).
Tit. XXIX, § 381.005.
Primary and preventive health services.–
(1) The department shall conduct a primary and preventive health
care program as part of fulfilling its public health mission. This
program shall include, but is not limited to:
(a) Acute and episodic care in accordance with chapter 154.
(b) Prenatal and postpartum care in accordance with chapters 154
and 383.
(c) Child health services in accordance with chapters 154 and 383.
(d) School health services in accordance with chapters 1003 and
1006.
(e) Dental health services in accordance with chapter 154 and
this chapter.
(f) Nutrition services in accordance with chapter 154.
(g) Chronic diseases prevention in accordance with chapter 385.
(h) Family planning services in accordance with this chapter.
(i) Childhood immunizations.
(j) Health education and promotion.
(k) Regulation of the practice of midwifery.
(2) Between October 1, or earlier if the vaccination is
available, and February 1 of each year, subject to the availability of
an adequate supply of the necessary vaccine, each hospital licensed
pursuant to chapter 395 shall implement a program to offer
immunizations against the influenza virus and pneumococcal bacteria to
all patients age 65 or older, in accordance with the recommendations of
the Advisory Committee on Immunization Practices of the United States
Centers for Disease Control and Prevention and subject to the clinical
judgment of the responsible practitioner.
(3) The department may adopt, repeal, and amend rules related to
the services discussed in this section.
Tit. XLVIII, § 1003.22.
School-entry health examinations; immunization against communicable
diseases; exemptions; duties of Department of Health.–
(1) Each district school board and the governing authority of
each private school shall require that each child who is entitled to
admittance to kindergarten, or is entitled to any other initial
entrance into a public or private school in this state, present a
certification of a school-entry health examination performed within 1
year prior to enrollment in school. Each district school board, and the
governing authority of each private school, may establish a policy that
permits a student up to 30 school days to present a certification of a
school-entry health examination. A homeless child, as defined in s.
1003.01, shall be given a temporary exemption for 30 school days. Any
district school board that establishes such a policy shall include
provisions in its local school health services plan to assist students
in obtaining the health examinations. However, any child shall be
exempt from the requirement of a health examination upon written
request of the parent of the child stating objections to the
examination on religious grounds.
(2) The State Board of Education, subject to the concurrence of
the Department of Health, shall adopt rules to govern medical
examinations and immunizations performed under this section.
(3) The Department of Health may adopt rules necessary to
administer and enforce this section. The Department of Health, after
consultation with the Department of Education, shall adopt rules
governing the immunization of children against, the testing for, and
the control of preventable communicable diseases. The rules must
include procedures for exempting a child from immunization
requirements. Immunizations shall be required for poliomyelitis,
diphtheria, rubeola, rubella, pertussis, mumps, tetanus, and other
communicable diseases as determined by rules of the Department of
Health. The manner and frequency of administration of the immunization
or testing shall conform to recognized standards of medical practice.
The Department of Health shall supervise and secure the enforcement of
the required immunization. Immunizations required by this section shall
be available at no cost from the county health departments.
(4) Each district school board and the governing authority of
each private school shall establish and enforce as policy that, prior
to admittance to or attendance in a public or private school, grades
kindergarten through 12, or any other initial entrance into a Florida
public or private school, each child present or have on file with the
school a certification of immunization for the prevention of those
communicable diseases for which immunization is required by the
Department of Health and further shall provide for appropriate
screening of its students for scoliosis at the proper age. Such
certification shall be made on forms approved and provided by the
Department of Health and shall become a part of each student's
permanent record, to be transferred when the student transfers, is
promoted, or changes schools. The transfer of such immunization
certification by Florida public schools shall be accomplished using the
Florida Automated System for Transferring Education Records and shall
be deemed to meet the requirements of this section
(5) The provisions of this section shall not apply if:
(a) The parent of the child objects in writing that the
administration of immunizing agents conflicts with his or her religious
tenets or practices;
(b) A physician licensed under the provisions of chapter 458 or
chapter 459 certifies in writing, on a form approved and provided by
the Department of Health, that the child should be permanently exempt
from the required immunization for medical reasons stated in writing,
based upon valid clinical reasoning or evidence, demonstrating the need
for the permanent exemption;
(c) A physician licensed under the provisions of chapter 458,
chapter 459, or chapter 460 certifies in writing, on a form approved
and provided by the Department of Health, that the child has received
as many immunizations as are medically indicated at the time and is in
the process of completing necessary immunizations;
(d) The Department of Health determines that, according to
recognized standards of medical practice, any required immunization is
unnecessary or hazardous; or
(e) An authorized school official issues a temporary exemption,
for a period not to exceed 30 school days, to permit a student who
transfers into a new county to attend class until his or her records
can be obtained. A homeless child, as defined in s. 1003.01, shall be
given a temporary exemption for 30 school days. The public school
health nurse or authorized private school official is responsible for
followup of each such student until proper documentation or
immunizations are obtained. An exemption for 30 days may be issued for
a student who enters a juvenile justice program to permit the student
to attend class until his or her records can be obtained or until the
immunizations can be obtained. An authorized juvenile justice official
is responsible for followup of each student who enters a juvenile
justice program until proper documentation or immunizations are
obtained.
(6)(a) No person licensed by this state as a physician or nurse
shall be liable for any injury caused by his or her action or failure
to act in the administration of a vaccine or other immunizing agent
pursuant to the provisions of this section if the person acts as a
reasonably prudent person with similar professional training would have
acted under the same or similar circumstances.
(b) No member of a district school board, or any of its
employees, or member of a governing board of a private school, or any
of its employees, shall be liable for any injury caused by the
administration of a vaccine to any student who is required to be so
immunized or for a failure to diagnose scoliosis pursuant to the
provisions of this section.
(7) The parents of any child admitted to or in attendance at a
Florida public or private school, grades prekindergarten through 12,
are responsible for assuring that the child is in compliance with the
provisions of this section.
(8) Each public school, including public kindergarten, and each
private school, including private kindergarten, shall be required to
provide to the county health department director or administrator
annual reports of compliance with the provisions of this section.
Reports shall be completed on forms provided by the Department of
Health for each kindergarten, and other grade as specified; and the
reports shall include the status of children who were admitted at the
beginning of the school year. After consultation with the Department of
Education, the Department of Health shall establish by administrative
rule the dates for submission of these reports, the grades for which
the reports shall be required, and the forms to be used.
(9) The presence of any of the communicable diseases for which
immunization is required by the Department of Health in a Florida
public or private school shall permit the county health department
director or administrator or the State Health Officer to declare a
communicable disease emergency. The declaration of such emergency shall
mandate that all students in attendance in the school who are not in
compliance with the provisions of this section be identified by the
district school board or by the governing authority of the private
school; and the school health and immunization records of such children
shall be made available to the county health department director or
administrator. Those children identified as not being immunized against
the disease for which the emergency has been declared shall be
temporarily excluded from school by the district school board, or the
governing authority of the private school, until such time as is
specified by the county health department director or administrator.
(10) Each district school board and the governing authority of
each private school shall:
(a) Refuse admittance to any child otherwise entitled to
admittance to kindergarten, or any other initial entrance into a
Florida public or private school, who is not in compliance with the
provisions of subsection (4).
(b) Temporarily exclude from attendance any student who is not in
compliance with the provisions of subsection (4).
(11) The provisions of this section do not apply to those persons
admitted to or attending adult education classes unless the adult
students are under 21 years of age.
Tit. XLVIII, § 1006.69.
Vaccination against meningococcal meningitis and hepatitis B.–
(1) A postsecondary educational institution shall provide
detailed information concerning the risks associated with meningococcal
meningitis and hepatitis B and the availability, effectiveness, and
known contraindications of any required or recommended vaccine to every
student, or to the student's parent if the student is a minor, who has
been accepted for admission.
(2) An individual enrolled in a postsecondary educational
institution who will be residing in on-campus housing shall provide
documentation of vaccinations against meningococcal meningitis and
hepatitis B unless the individual, if the individual is 18 years of age
or older, or the individual's parent, if the individual is a minor,
declines the vaccinations by signing a separate waiver for each of
these vaccines, provided by the institution, acknowledging receipt and
review of the information provided.
(3) This section does not require any postsecondary educational
institution to provide or pay for vaccinations against meningococcal
meningitis and hepatitis B.
See Title
31 (perform word searches for the Code at this link).
Section 20-2-771.
(a) As used in this Code section, the term:
(1) 'Certificate of immunization' means certification by a physician
licensed under the laws of this state or by an appropriate official of
a local board of health, on a form provided by the Department of Human
Resources, that a named person has been immunized in accordance with
the applicable rules and regulations of the Department of Human
Resources.
(2) 'Facility' means any public or private day-care center or nursery
intended for the care, supervision, or instruction of children.
(3) 'Responsible official' means a county school superintendent, a
school principal, or a chief operating officer of a school or facility.
(4) 'School' means any public or private educational program or
institution instructing children at any level or levels, kindergarten
through twelfth grade, or children of ages five through 19 if grade
divisions are not used.
(b) No child shall be admitted to or attend any school or facility in
this state unless the child shall first have submitted a certificate of
immunization to the responsible official of the school or facility. The
responsible official of any school or facility may grant a 30 calendar
day waiver of the certification requirement for a justified reason. The
waiver may be extended from the date of first admittance or of first
attendance, whichever is earlier, for up to 90 calendar days provided
documentation is on file at the school or facility from the local
health department or a physician specifying that an immunization
sequence has been started and that this immunization time schedule can
be completed within the 90 day waiver period, provided confirmation is
received during the waiver period from the health department or
physician that immunizations are being received as scheduled, and
provided the student under waiver is a transfer student, who is defined
as a student who moves from an out-of-state school system to a Georgia
school system, or a student entering kindergarten or first grade from
out of state. The waiver may not be extended beyond 90 calendar days;
and upon expiration of the waiver, the child shall not be admitted to
or be permitted to attend the school or facility unless the child
submits a certificate of immunization.
(c) The Department of Human Resources shall promulgate rules and
regulations specifying those diseases against which immunization is
required and the standards for such immunizations. The school or
facility shall maintain on file the certificates of immunization for
all children attending the school or facility. All facilities shall
file a report annually with the Department of Human Resources. The
report shall be filed on forms prepared by the Department of Human
Resources and shall state the number of children attending the school
or facility, the number of children who did not submit certificates of
immunization within the waiver period, and the number of children who
are exempted from the certification requirement for medical or
religious reasons.
(d) If, after examination by the local board of health or any physician
licensed under the laws of this state or of any other state having
comparable laws governing the licensure of physicians, any child to
whom this Code section applies is found to have any physical disability
which may make vaccination undesirable, a certificate to that effect
issued by the local board of health or such physician licensed under
the laws of this or such other state may be accepted in lieu of a
certificate of immunization and shall exempt the child from the
requirement of obtaining a certificate of immunization until the
disability is relieved.
(e) This Code section shall not apply to a child whose parent or legal
guardian objects to immunization of the child on the grounds that the
immunization conflicts with the religious beliefs of the parent or
guardian; however, the immunization may be required in cases when such
disease is in epidemic stages. For a child to be exempt from
immunization on religious grounds, the parent or guardian must first
furnish the responsible official of the school or facility an affidavit
in which the parent or guardian swears or affirms that the immunization
required conflicts with the religious beliefs of the parent or guardian.
(f) During an epidemic or a threatened epidemic of any disease
preventable by an immunization required by the Department of Human
Resources, children who have not been immunized may be excluded from
the school or facility until (1) they are immunized against the
disease, unless they present valid evidence of prior disease, or (2)
the epidemic or threat no longer constitutes a significant public
health danger.
(g) The requirement of a certificate of immunization shall become
effective for all children entering or attending facilities on or after
April 7, 1981. The certification requirement shall apply to all
children entering or attending schools:
(1) On September 1, 1981, for all such children entering or attending
kindergarten or the first, ninth, tenth, eleventh, or twelfth grades,
or of the equivalent ages if grade divisions are not used;
(2) On September 1, 1982, for all such children entering or attending
all grades, or of all ages if grade divisions are not used.
(h) Any responsible official permitting any child to remain in a school
or facility in violation of this Code section, and any parent or
guardian who intentionally does not comply with this Code section,
shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than $100.00 or by imprisonment for not
more than 12 months. The Department of Human Resources may adopt rules
and regulations for the enforcement of this Code section. The
Department of Human Resources and the local board of health, or either
of them, may institute a civil action in the superior court of the
county in which the defendant resides for injunctive relief to prevent
a threatened or continuing violation of any provision of this Code
section.
Section 31-2-1.
The Department of Human Resources is created and established to
safeguard and promote the health of the people of this state and is
empowered to employ all legal means appropriate to that end.
Illustrating, without limiting, the foregoing grant of authority, the
department is empowered to:
(1) Provide epidemiological investigations and laboratory facilities
and services in the detection and control of disease, disorders, and
disabilities and to provide research, conduct investigations, and
disseminate information concerning reduction in the incidence and
proper control of disease, disorders, and disabilities;
(2) Forestall and correct physical, chemical, and biological conditions
that, if left to run their course, could be injurious to health;
(3) Regulate and require the use of sanitary facilities at construction
sites and places of public assembly and to regulate persons, firms, and
corporations engaged in the rental and service of portable chemical
toilets;
(4) Isolate and treat persons afflicted with a communicable disease who
are either unable or unwilling to observe the department´s rules
and regulations for the suppression of such disease and to establish,
to that end, complete or modified quarantine, surveillance, or
isolation of persons and animals exposed to a disease communicable to
man;
(5) Manufacture drugs and biologicals which are not readily available
on the market and not manufactured for commercial purposes, when
expressly authorized and shown on the minutes of the department; to
procure and distribute drugs and biologicals and purchase services from
clinics, laboratories, hospitals, and other health facilities and, when
authorized by law, to acquire and operate such facilities;
(6) Cooperate with agencies and departments of the federal government
and of the state by supplying consultant services in medical and
hospital programs and in the health aspects of civil defense;
(7) Detect and relieve physical defects and deformities and provide
treatment for mental and emotional disorders and infirmities;
(8) Promote the prevention, early detection, and control of problems
affecting the dental health of the citizens of Georgia;
(9) Contract with county boards of health to assist in the performance
of services incumbent upon them under Chapter 3 of this title and, in
the event of grave emergencies of more than local peril, to employ
whatever means may be at its disposal to overcome such emergencies;
(10) Contract and execute releases for assistance in the performance of
its functions and the exercise of its powers and to supply services
which are within its purview to perform;
(11) Enter into or upon public or private property at reasonable times
for the purpose of inspecting same to determine the presence of disease
and conditions deleterious to health or to determine compliance with
health laws and rules, regulations, and standards thereunder;
(12) Promulgate and enforce rules and regulations for the licensing of
medical facilities wherein abortion procedures under subsections (b)
and (c) of Code Section 16-12-141 are to be performed; and, further, to
disseminate and distribute educational information and medical supplies
and treatment in order to prevent unwanted pregnancy; and
(13) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' a schedule of fees for
laboratory services provided, schedules to be determined in a manner so
as to help defray the costs incurred by the department, but in no event
to exceed such costs, both direct and indirect, in providing such
laboratory services, provided no person shall be denied services on the
basis of his inability to pay. All fees paid thereunder shall be paid
into the general funds of the State of Georgia. The individual who
requests services authorized in this Code section shall pay the fee. As
used in this Code section, the term 'individual' means a natural
person.
Section 31-12-3.
(a) The department and all county boards of health are empowered to
require, by appropriate rules and regulations, persons located within
their respective jurisdictions to submit to vaccination against
contagious or infectious disease where the particular disease may
occur, whether or not the disease may be an active threat. The
department may, in addition, require such other measures to prevent the
conveyance of infectious matter from infected persons to other persons
as may be necessary and appropriate. The department shall promulgate
appropriate rules and regulations for the implementation of the
provisions of this Code section in the case of a declaration of a
public health emergency and shall include provisions permitting
consideration of the opinion of a person´s personal physician as
to whether the vaccination is medically appropriate or advisable for
such person. Such rules and regulations shall be adopted pursuant to
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but
shall be automatically referred by the Office of Legislative Counsel to
the House of Representatives and Senate Committees on Judiciary.
(b) In the absence of an epidemic or immediate threat thereof, this
Code section shall not apply to any person who objects in writing
thereto on grounds that such immunization conflicts with his religious
beliefs.
Section 31-12-3.2.
(a) Every public and nonpublic postsecondary educational institution
shall provide to each newly admitted freshman or matriculated student
residing in campus housing as defined by the postsecondary educational
institution or to the student́s parent or guardian if the student is a
minor, the following information:
(1) Meningococcal disease is a serious disease that can lead to death
within only a few hours of onset; one in ten cases is fatal; and one in
seven survivors of the disease is left with a severe disability, such
as the loss of a limb, mental retardation, paralysis, deafness, or
seizures;
(2) Meningococcal disease is contagious but a largely preventable
infection of the spinal cord fluid and the fluid that surrounds the
brain;
(3) Scientific evidence suggests that college students living in
dormitory facilities are at a moderately increased risk of contracting
meningococcal disease; and
(4) Immunization against meningococcal disease will decrease the risk
of the disease.
(b) Students who are 18 years of age or older shall be required to sign
a document provided by the postsecondary educational institution
stating that he or she has received a vaccination against meningococcal
disease or reviewed the information provided as required by subsection
(a) of this Code section. If a student is a minor, only a parent or
guardian may sign such document.
(c) Nothing in this Code section shall be construed to require any
postsecondary educational institution to provide or pay for
vaccinations of students against meningococcal disease.
(d) Any postsecondary educational institution that has made a
reasonable effort to comply with this Code section shall not be liable
for damages or injuries sustained by a student by reason of such
student́s contracting meningococcal disease.
Section 31-12-4.
The department and all county boards of health may, from time to time,
require the isolation or segregation of persons with communicable
diseases or conditions likely to endanger the health of others. The
department may, in addition, require quarantine or surveillance of
carriers of disease and persons exposed to, or suspected of being
infected with, infectious disease until they are found to be free of
the infectious agent or disease in question. The department shall
promulgate appropriate rules and regulations for the implementation of
the provisions of this Code section in the case of a declaration of a
public health emergency. Such rules and regulations shall be adopted
pursuant to Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' but shall be automatically referred by the Office of
Legislative Counsel to the House of Representatives and Senate
Committees on Judiciary.
Section 31-12-4.1.
(a) The Georgia General Assembly makes the following findings: The
attacks of September and October, 2001, on the United States have
heightened concerns that terrorists may have access to the smallpox
virus and may attempt to use it against the American public. In light
of these concerns, and in order to secure public health and national
security, the United States government has launched, and the State of
Georgia has cooperated in, a smallpox vaccination and treatment
program, with a recommendation for initial smallpox vaccinations for
certain hospitals, health care workers, and emergency response workers.
However, due to the virulent nature of smallpox and its vaccine,
participation by hospitals and health care workers in such a program
potentially increases their exposure to liability that, without
sufficient legal protections, may significantly discourage their
participation in the program. The federal government has determined,
and the General Assembly agrees, that liability protection for those
hospitals and health care workers who participate in such programs are
integral to ensuring its maximum success. Accordingly, to achieve a
potent and widespread smallpox vaccination and treatment program and
maintain an effective defense against possible terrorist attacks, it is
critical that hospitals and health care workers participating in such
program be protected from potential legal liability absent their gross
negligence or willful or wanton misconduct. The General Assembly
therefore concludes that certain steps must be taken to encourage
participation in the smallpox vaccination and treatment program in
order to reserve to Georgia citizens continued access to smallpox
vaccination and treatment services in the event of a terrorist attack.
(b) Without waiving or affecting and cumulative of any existing
immunity from any source, unless it is established that injuries or
death were caused by gross negligence or willful or wanton misconduct:
(1) No licensed hospital which participates in a smallpox vaccination
and treatment program authorized by the United States Secretary of
Health and Human Services or the United States Public Health Service of
the State of Georgia or employees, agents, or health care workers of
such hospital; and
(2) No licensed health care provider, health care worker, or other
person who participates in such smallpox vaccination and treatment
program, whether or not such provider, workers, or person is an agent
or employee of said hospital
shall be liable for damages or injuries alleged to have been sustained
by any individual by reason of such individuaĺs receipt of a smallpox
vaccination or treatment, such individuaĺs exposure to smallpox or its
related infections, or any act or omission committed by said hospital,
employee, agent, health care provider, health care worker, or other
person as a result of such individuaĺs receipt of services from or
related to such smallpox vaccination and treatment program.
(c) This Code section shall apply only to causes of action arising on
or after June 2, 2003.
Section 31-35-11.
(a) The department shall offer a vaccination program for emergency
responders who may be exposed to infectious diseases when deployed to a
disaster location. The program shall include diseases for which
vaccinations are recommended by the United States Public Health Service
and in accordance with the Federal Emergency Management Directors
Policy and may include, but not be limited to, vaccinations for
hepatitis A, hepatitis B, diphtheria-tetanus, influenza, and
pneumococcal.
(b) An emergency responder shall be exempt from vaccination when a
written statement from a licensed physician is presented to the
department indicating that a vaccine is medically contraindicated for
that person or the emergency responder signs a written statement that
the administration of a vaccination conflicts with his or her personal
choice or religious beliefs.
(c) In the event of a vaccine shortage, the commissioner, in
consultation with the Governor and the federal Centers for Disease
Control and Prevention, shall use federal recommendations to determine
the priority for vaccinations for emergency responders.
(d) The department shall notify emergency responders of the
availability of the vaccination program and the risks associated with
such vaccinations and shall provide educational materials to emergency
responders on ways to prevent exposure to infectious diseases.
(e) The department may contract with county and local health
departments, not for profit home health care agencies, hospitals,
physicians, or other licensed health care organizations to administer
the vaccination program for emergency responders.
(f) The vaccination program established pursuant to this article shall
be implemented only upon receipt of federal funding or grants for aid
available and approved for purposes under this article.
(g) The department shall take all necessary steps to apply for federal
funding to implement the vaccination program under this article
including use of an expedited application procedure if circumstances
require such. The department shall also amend the state plan if
necessary to meet federal funding requirements.
Section 38-3-51.
(a) In the event of actual or impending emergency or disaster of
natural or human origin, or impending or actual enemy attack, or a
public health emergency, within or affecting this state or against the
United States, the Governor may declare that a state of emergency or
disaster exists. As a condition precedent to declaring that a state of
emergency or disaster exists as a result of a public health emergency,
the Governor shall issue a call for a special session of the General
Assembly pursuant to Article V, Section II, Paragraph VII of the
Constitution of Georgia, which session shall convene at 8:00 A.M. on
the second day following the date of such declaration for the purpose
of concurring with or terminating the public health emergency. The
state of emergency or disaster shall continue until the Governor finds
that the threat or danger has passed or the emergency or disaster has
been dealt with, to the extent that emergency or disaster conditions no
longer exist, and terminates the state of emergency or disaster. No
state of emergency or disaster may continue for longer than 30 days
unless renewed by the Governor. The General Assembly by concurrent
resolution may terminate a state of emergency or disaster at any time.
Thereupon, the Governor shall by appropriate action end the state of
emergency or disaster.
(b) A declaration of a state of emergency or disaster shall activate
the emergency and disaster response and recovery aspects of the state
and local emergency or disaster plans applicable to the political
subdivision or area in question and shall be authority for the
deployment and use of any forces to which the plan or plans apply and
for use or distribution of any supplies, equipment, and materials and
facilities assembled, stockpiled, or arranged to be made available
pursuant to Articles 1 through 3 of this chapter or any other law
relating to emergencies or disasters.
(c) The Governor shall have and may exercise for such period as the
state of emergency or disaster exists or continues the following
additional emergency powers:
(1) To enforce all laws, rules, and regulations relating to emergency
management and to assume direct operational control of all civil forces
and helpers in the state;
(2) To seize, take for temporary use, or condemn property for the
protection of the public in accordance with condemnation proceedings as
provided by law;
(3) To sell, lend, give, or distribute all or any such property among
the inhabitants of the state and to account to the proper agency for
any funds received for the property; and
(4) To perform and exercise such other functions, powers, and duties as
may be deemed necessary to promote and secure the safety and protection
of the civilian population.
(d) In addition to any other emergency powers conferred upon the
Governor by law, he may:
(1) Suspend any regulatory statute prescribing the procedures for
conduct of state business, or the orders, rules, or regulations of any
state agency, if strict compliance with any statute, order, rule, or
regulation would in any way prevent, hinder, or delay necessary action
in coping with the emergency or disaster;
(2) Utilize all available resources of the state government and of each
political subdivision of the state as reasonably necessary to cope with
the emergency or disaster;
(3) Transfer the direction, personnel, or functions of state
departments and agencies or units thereof for the purpose of performing
or facilitating emergency services;
(4) Commandeer or utilize any private property if he finds this
necessary to cope with the emergency or disaster;
(4.1) Compel a health care facility to provide services or the use of
its facility if such services or use are reasonable and necessary for
emergency response. The use of such health care facility may include
transferring the management and supervision of the health care facility
to the Department of Human Resources for a limited or unlimited period
of time not extending beyond the termination of the public health
emergency;
(5) Direct and compel the evacuation of all or part of the population
from any stricken or threatened area within the state if he deems this
action necessary for the preservation of life or other disaster
mitigation, response, or recovery;
(6) Prescribe routes, modes of transportation, and destinations in
connection with evacuation;
(7) Control ingress and egress to and from a disaster area, the
movement of persons within the area, and the occupancy of premises
therein;
(8) Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, firearms, explosives, and combustibles; provided,
however, that any limitation on firearms under this Code section shall
not include an individual firearm owned by a private citizen which was
legal and owned by that citizen prior to the declaration of state of
emergency or disaster or thereafter acquired in compliance with all
applicable laws of this state and the United States; and
(9) Make provision for the availability and use of temporary emergency
housing.
(e) When the available funds are not sufficient for the purpose of
paying the expenses incident to carrying out the provisions authorized
by Articles 1 through 3 of this chapter, the Governor may transfer from
any available fund in the state treasury such sum as may be necessary
to meet the emergency or disaster; and the moneys so transferred shall
be repaid to the fund from which transferred when moneys become
available for that purpose by legislative appropriation or otherwise.
(f) In the event that the Governor proclaims an emergency or disaster,
as defined by Articles 1 through 3 of this chapter, to be a catastrophe
within the meaning of Article III, Section IX, Paragraph VI(b) of the
Constitution of the state, the funds referred to in the paragraph may
be utilized by the Governor for the purpose of carrying out the
provisions authorized by Articles 1 through 3 of this chapter.
(g) In the event that the Governor proclaims an emergency or disaster,
as defined in Articles 1 through 3 of this chapter, the Governor may
provide welfare benefits to the citizens of this state in the form of
grants to meet disaster related necessary expenses or serious needs of
individuals or families adversely affected by an emergency or disaster
in those cases where the individuals or families are unable to meet the
expenses or needs from other means, provided that such grants are
authorized only when matching federal funds are available for such
purposes pursuant to the Disaster Relief Act of 1974 (Pub. L. 93-288).
(h) If the Governor declares a state of emergency solely because of an
energy emergency, he shall not have the authority to:
(1) Seize, take for temporary use, or condemn property other than
energy resources as authorized by paragraph (2) of subsection (c) of
this Code section;
(2) Sell, lend, give, or distribute property other than energy
resources as authorized by paragraph (3) of subsection (c) of this Code
section; or
(3) Commandeer or utilize property other than energy resources as
authorized by paragraph (4) of subsection (d) of this Code section.
(i)(1) The Governor may direct the Department of Human Resources to
coordinate all matters pertaining to the response of the state to a
public health emergency including without limitation:
(A) Planning and executing public health emergency assessments,
mitigation, preparedness response, and recovery for the state;
(B) Coordinating public health emergency responses between state and
local authorities;
(C) Collaborating with appropriate federal government authorities,
elected officials of other states, private organizations, or private
sector companies;
(D) Coordinating recovery operations and mitigation initiatives
subsequent to public health emergencies;
(E) Organizing public information activities regarding state public
health emergency response operations; and
(F) Providing for special identification for public health personnel
involved in a public health emergency.
(2) The following due process procedures shall be applicable to any
quarantine or vaccination program instituted pursuant to a declaration
of a public health emergency:
(A) Consonant with maintenance of appropriate quarantine rules, the
department shall permit access to counsel in person or by such other
means as practicable that do not threaten the integrity of the
quarantine;
(B) An order imposing a quarantine or a vaccination program may be
appealed but shall not be stayed during the pendency of the challenge.
The burden of proof shall be on the state to demonstrate that there
exists a substantial risk of exposing other persons to imminent danger.
With respect to vaccination, the statés burden of proof shall be met
by clear and convincing evidence. With respect to quarantine, the
statés burden of proof shall be met by a preponderance of the evidence;
(C) An individual or a class may challenge the order before any
available judge of the state courts, the superior courts, the Court of
Appeals, or the Supreme Court. Such judge, upon attestation of the
exigency of the circumstances, may proceed ex parte with respect to the
state or may appoint counsel to represent the interests of the state or
other unrepresented parties. The judge hearing the matter may
consolidate a multiplicity of cases or, on the motion of a party or of
the court, proceed to determine the interests of a class or classes.
The rules of evidence applicable to civil cases shall be applied to the
fullest extent practicable taking into account the circumstances of the
emergency. All parties shall have the right to subpoena and
cross-examine witnesses, but in enforcement of its subpoena powers the
court shall take into account the circumstances of the emergency. All
proceedings shall be transcribed to the extent practicable. Filing fees
shall be waived and all costs borne by the state;
(D) The judge hearing the matter may enter an appropriate order
upholding or suspending the quarantine or vaccination order. With
respect to vaccination, the order may be applicable on notice to the
department or its agents administering the vaccination, or otherwise in
the court́s discretion. With respect to quarantines, the order shall be
automatically stayed for 48 hours;
(E) The department or any party may appeal any order within 24 hours to
the Court of Appeals, the Supreme Court, or to any available judge
thereof in the event that circumstances render a full court
unavailable. If the trial judge has proceeded ex parte or with counsel
appointed for the state, the trial court shall either direct the filing
of an appeal in its order or itself certify the order for appeal.
Filing fees for appeal shall be waived, all costs shall be borne by the
state, and such appeals shall be heard expeditiously; and
(F) No provisions of this paragraph shall be construed to limit or
restrict the right of habeas corpus under the laws of the United States.
(j) Any individual, partnership, association, or corporation who acts
in accordance with an order, rule, or regulation entered by the
Governor pursuant to the authority granted by this Code section will
not be held liable to any other individual, partnership, association,
or corporation by reason thereof in any action seeking legal or
equitable relief.
Section 49-4-183.
(a) This article shall be administered by the Department of Human
Resources. The Board of Human Resources shall issue such rules and
regulations as may be necessary to administer this article properly and
to comply with the requirements of Part A of Title IV of the federal
Social Security Act, as amended, the state plan, and any future
amendments to such Act or plan. The initial rules and regulations for
the Georgia TANF Program shall be promulgated by the board pursuant to
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and
specifically Code Section 50-13-4 no later than July 1, 1997.
(b) The board shall ensure that such rules and regulations provide for:
(1) Methods of administration necessary for the proper and efficient
operation of the state plan for implementation of this article;
(2) Reasonable standards for determining eligibility and the extent of
assistance available for recipients;
(3) Consideration of the income and resources of an applicant for
assistance in determining eligibility;
(4) Personal responsibility obligations and work activity requirements
consistent with Part A of Title IV of the federal Social Security Act,
as amended, and the state plan, provided that programs included in the
personal responsibility obligations established by the board shall
include counseling on abstinence until marriage;
(5) Criteria which make an applicant ineligible to receive benefits
under the Georgia TANF Program, including but not limited to those
specified in Code Section 49-4-184;
(6) Specific conduct which would authorize the reduction or termination
of assistance to a recipient, including but not limited to that
specified in Code Section 49-4-185;
(7) Standards whereby certain obligations, requirements, and criteria
will be waived for specific applicants or recipients based on hardship;
(8) An administrative hearing process with hearings to be conducted by
the Office of State Administrative Hearings in accordance with Chapter
13 of Title 50, the 'Georgia Administrative Procedure Act,' and
subsection (b) of Code Section 49-4-13;
(9) Safeguards which restrict the use and disclosure of information
concerning applicants for and recipients of assistance under this
article and in accordance with Code Section 49-4-14 and Part A of Title
IV of the federal Social Security Act, as amended;
(10) Immunizations for specified diseases for preschool age children as
a condition of assistance being provided for such children, and the
schedule of and standards for administering such immunizations,
including the presentation of a certificate of immunization, unless:
(A) There is appropriate evidence from the local health department or a
physician that an immunization sequence has been started and can be
completed within a period of up to 180 days, in which case a waiver of
the immunization requirement for up to 180 days shall be granted;
(B) After examination by the local board of health or a physician, any
preschool age child is found to have a physical disability which may
make vaccination undesirable, in which case a certificate to that
effect issued by the local board of health or the physician may be
accepted in lieu of a certificate of immunization and shall exempt the
child from obtaining a certificate of immunization until the disability
is relieved;
(C) The parent or legal guardian furnishes an affidavit swearing or
affirming that the immunization conflicts with the religious beliefs of
the parent or legal guardian; or
(D) The implementation of such an immunization requirement violates any
federal law or regulations or would result in the loss of any federal
funds to this state; and
(11) The establishment and maintenance of individual development
accounts. The funds in such accounts may be used for postsecondary
educational expenses, the purchase of a first home, or business
capitalization. The funds in such accounts shall not be considered in
determining eligibility for cash assistance pursuant to 42 U.S.C.
Section 604(h).
(c) The department shall:
(1) Supervise the administration of assistance pursuant to the Georgia
TANF Program by the division of family and children services;
(2) Prescribe necessary forms and procedures to carry out the Georgia
TANF Program, subject to the rules and regulations prescribed by the
board pursuant to this article;
(3) Publish an annual report and such interim reports as may be
necessary. The annual report and such interim reports shall be provided
to the Governor and members of the General Assembly. The department
shall not be required to distribute copies of the annual report or the
interim reports to the members of the General Assembly but shall notify
the members of the availability of the reports in the manner which it
deems to be most effective and efficient. The annual report and interim
reports shall contain the following:
(A) The total TANF caseload count;
(B) Quarterly and annual TANF reports, in full, prepared for submission
to the federal government;
(C) The percentage of the TANF caseload and the number of individuals
given a hardship exemption from the lifetime limit on cash assistance
and a categorization of the reasons for such exemptions;
(D) The number of individuals who received transportation assistance
and the cost of such assistance;
(E) The number of individuals who received diversionary assistance in
order to prevent their requiring TANF assistance and the categories and
cost of such diversionary assistance, and job acceptance and retention
statistics;
(F) The number of individuals denied assistance due to a serious
violent felony conviction;
(G) The number of mothers under 19 years of age who received assistance
and their percentage of the total TANF caseload;
(H) The number of children receiving subsidized child care and the
total and average per recipient cost of child care provided to TANF
recipients;
(I) Data on teen pregnancy prevention;
(J) The number of families sanctioned;
(K) The number of legal immigrants receiving TANF benefits by category
of immigration status;
(L) The number of families no longer eligible because of time limits;
(M) Follow-up information on job retention and earnings; and
(N) An evaluation of the effect of Code Section 49-4-186 on the number
of births to TANF recipient families.
The information required under this paragraph shall be provided on a
county-by-county basis where feasible; and
(4) Develop a plan, on or before January 1, 1998, to provide incentives
for employers to hire those TANF recipients who have difficulty in
finding employment.
18 HRS § 128-8. Additional powers in a civil defense emergency
period.
The governor, in the event of a civil defense emergency
period, may exercise the following additional powers pertaining to
civil defense:
(1) Protective devices, shelters, first aid stations.
(A) Require that persons provide themselves with protective
devices;
(B) Require the installation or provision of protective devices
and shelters in or appurtenant to dwellings, hotels, factories, and
other places of business, office buildings, hospitals, schools, and
theaters, and other places where the public congregate; and
(C) Require the installation or provision of first aid stations
with the necessary materials and personnel in or appurtenant to hotels,
factories, and other places of business, office buildings, schools, and
theaters, and other places where the public congregate.
(2) Quarantine, immunization, etc., nuisances. Provide for
and require the quarantine or segregation of persons who are affected
with any infectious, communicable, or other disease dangerous to the
public health and safety, or persons who are the source of other
contamination, in any case where in the governor's opinion the existing
laws are not adequate to assure the public health and safety; provide
for the care and treatment of the persons; supplement the provisions of
sections 325-32 to 325-37 concerning compulsory immunization of persons
against disease and institute additional compulsory immunization
programs; provide for the isolation or closing of property which is a
source of contamination or is in a dangerous condition in any case
where, in the governor's opinion, the existing laws are not adequate to
assure the public health and safety, and designate as public nuisances
acts, practices, conduct, or conditions which are dangerous to the
public health or safety or to property; authorize that public nuisances
be summarily abated, and if need be that the property be destroyed, by
any police officer or authorized person, or provide for the cleansing
or repair of property, and if the cleansing or repair is to be at the
expense of the owner, the procedure therefor shall follow as nearly as
may be the provisions of section 322-2, which are made applicable;
further, authorize without the permission of the owners or occupants,
entry on private premises for any of such purposes.
(3) Police and fire departments. Summarily remove or
suspend, any other law to the contrary notwithstanding, any member of a
police commission, chief of police, chief of a fire department, police
officer, or firefighter.
(4) Suspension of laws. Suspend any law which impedes or
tends to impede or be detrimental to the expeditious and efficient
execution of, or to conflict with, civil defense or other emergency
functions, including without limitation, laws which by this chapter
specifically are made applicable to civil defense personnel.
See Title 39 (Health and
Safety).
It appears that the relevant laws regarding this issue are found in IC
title 16, art.
41.
IC 16-41-9-1.5.
(a) If a public health authority has reason to believe that:
(1) an individual:
(A) has been infected with; or
(B) has been exposed to;
a dangerous communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the public health authority may petition a circuit or superior court
for an order imposing isolation or quarantine on the individual. A
petition for isolation or quarantine filed under this subsection must
be verified and include a brief description of the facts supporting the
public health authority's belief that isolation or quarantine should be
imposed on an individual, including a description of any efforts the
public health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the petition.
(b) Except as provided in subsections (e) and (k), an individual
described in subsection (a) is entitled to notice and an opportunity to
be heard, in person or by counsel, before a court issues an order
imposing isolation or quarantine. A court may restrict an individual's
right to appear in person if the court finds that the individual's
personal appearance is likely to expose an uninfected person to a
dangerous communicable disease or outbreak.
(c) If an individual is restricted from appearing in person under
subsection (b), the court shall hold the hearing in a manner that
allows all parties to fully and safely participate in the proceedings
under the circumstances.
(d) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the court may issue an order imposing isolation or quarantine on the
individual. The court shall establish the conditions of isolation or
quarantine, including the duration of isolation or quarantine. The
court shall impose the least restrictive conditions of isolation or
quarantine that are consistent with the protection of the public.
(e) If the public health authority has reason to believe that an
individual described in subsection (a) is likely to expose an
uninfected individual to a dangerous communicable disease or outbreak
before the individual can be provided with notice and an opportunity to
be heard, the public health authority may seek in a circuit or superior
court an emergency order of quarantine or isolation by filing a
verified petition for emergency quarantine or isolation. The verified
petition must include a brief description of the facts supporting the
public health authority's belief that:
(1) isolation or quarantine should be imposed on an individual; and
(2) the individual may expose an uninfected individual to a dangerous
communicable disease or outbreak before the individual can be provided
with notice and an opportunity to be heard.
The verified petition must include a description of any efforts the
public health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the petition.
(f) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak;
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual; and
(3) the individual may expose an uninfected individual to a dangerous
communicable disease or outbreak before the individual can be provided
with notice and an opportunity to be heard;
the court may issue an emergency order imposing isolation or quarantine
on the individual. The court shall establish the duration and other
conditions of isolation or quarantine. The court shall impose the least
restrictive conditions of isolation or quarantine that are consistent
with the protection of the public.
(g) A court may issue an emergency order of isolation or quarantine
without the verified petition required under subsection (e) if the
court receives sworn testimony of the same facts required in the
verified petition:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio;
(3) in writing by facsimile transmission (fax); or
(4) through other electronic means approved by the court. If the court
agrees to issue an emergency order of isolation or quarantine based
upon information received under subdivision (2), the court shall direct
the public health authority to sign the judge's name and to write the
time and date of issuance on the proposed emergency order. If the court
agrees to issue an emergency order of isolation or quarantine based
upon information received under subdivision (3), the court shall direct
the public health authority to transmit a proposed emergency order to
the court, which the court shall sign, add the date of issuance, and
transmit back to the public health authority. A court may modify the
conditions of a proposed emergency order.
(h) If an emergency order of isolation or quarantine is issued under
subsection (g)(2), the court shall record the conversation on audiotape
and order the court reporter to type or transcribe the recording for
entry in the record. The court shall certify the audiotape, the
transcription, and the order retained by the judge for entry in the
record.
(i) If an emergency order of isolation or quarantine is issued under
subsection (g)(3), the court shall order the court reporter to retype
or copy the facsimile transmission for entry in the record. The court
shall certify the transcription or copy and order retained by the judge
for entry in the record.
(j) The clerk shall notify the public health authority who received an
emergency order under subsection (g)(2) or (g)(3) when the
transcription or copy required under this section is entered in the
record. The public health authority shall sign the typed, transcribed,
or copied entry upon receiving notice from the court reporter.
(k) The public health authority may issue an immediate order imposing
isolation or quarantine on an individual if exigent circumstances,
including the number of affected individuals, exist that make it
impracticable for the public health authority to seek an order from a
court, and obtaining the individual's voluntary compliance is or has
proven impracticable or ineffective. An immediate order of isolation or
quarantine expires after seventy-two (72) hours, excluding Saturdays,
Sundays, and legal holidays, unless renewed in accordance with
subsection (l). The public health authority shall establish the other
conditions of isolation or quarantine. The public health authority
shall impose the least restrictive conditions of isolation or
quarantine that are consistent with the protection of the public. If
the immediate order applies to a group of individuals and it is
impracticable to provide individual notice, the public health authority
shall post a copy of the order where it is likely to be seen by
individuals subject to the order.
(l) The public health authority may seek to renew an order of isolation
or quarantine or an immediate order of isolation or quarantine issued
under this section by doing the following:
(1) By filing a petition to renew the emergency order of isolation or
quarantine or the immediate order of isolation or quarantine with:
(A) the court that granted the emergency order of isolation or
quarantine; or
(B) a circuit or superior court, in the case of an immediate order. The
petition for renewal must include a brief description of the facts
supporting the public health authority's belief that the individual who
is the subject of the petition should remain in isolation or quarantine
and a description of any efforts the public health authority made to
obtain the individual's voluntary compliance with isolation or
quarantine before filing the petition.
(2) By providing the individual who is the subject of the emergency
order of isolation or quarantine or the immediate order of isolation or
quarantine with a copy of the petition and notice of the hearing at
least twenty-four (24) hours before the time of the hearing.
(3) By informing the individual who is the subject of the emergency
order of isolation or quarantine or the immediate order of isolation or
quarantine that the individual has the right to:
(A) appear, unless the court finds that the individual's personal
appearance may expose an uninfected person to a dangerous communicable
disease or outbreak;
(B) cross-examine witnesses; and
(C) counsel, including court appointed counsel in accordance with
subsection (c).
(4) If:
(A) the petition applies to a group of individuals; and
(B) it is impracticable to provide individual notice;
by posting the petition in a conspicuous location on the isolation or
quarantine premises.
(m) If the public health authority proves by clear and convincing
evidence at a hearing under subsection (l) that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the court may renew the existing order of isolation or quarantine or
issue a new order imposing isolation or quarantine on the individual.
The court shall establish the conditions of isolation or quarantine,
including the duration of isolation or quarantine. The court shall
impose the least restrictive conditions of isolation or quarantine that
are consistent with the protection of the public.
(n) Unless otherwise provided by law, a petition for isolation or
quarantine, or a petition to renew an immediate order for isolation or
quarantine, may be filed in a circuit or superior court in any county.
Preferred venue for a petition described in this subsection is:
(1) the county or counties (if the area of isolation or quarantine
includes more than one (1) county) where the individual, premises, or
location to be isolated or quarantined is located; or
(2) a county adjacent to the county or counties (if the area of
isolation or quarantine includes more than one (1) county) where the
individual, premises, or location to be isolated or quarantined is
located.
This subsection does not preclude a change of venue for good cause
shown.
(o) Upon the motion of any party, or upon its own motion, a court may
consolidate cases for a hearing under this section if:
(1) the number of individuals who may be subject to isolation or
quarantine, or who are subject to isolation or quarantine, is so large
as to render individual participation impractical;
(2) the law and the facts concerning the individuals are similar; and
(3) the individuals have similar rights at issue. A court may appoint
an attorney to represent a group of similarly situated individuals if
the individuals can be adequately represented. An individual may retain
his or her own counsel or proceed pro se.
(p) A public health authority that imposes a quarantine that is not in
the person's home:
(1) shall allow the parent or guardian of a child who is quarantined
under this section; and
(2) may allow an adult; to remain with the quarantined individual in
quarantine. As a condition of remaining with the quarantined
individual, the public health authority may require a person described
in subdivision (2) who has not been exposed to a dangerous communicable
disease to receive an immunization or treatment for the disease or
condition, if an immunization or treatment is available and if
requiring immunization or treatment does not violate a constitutional
right.
(q) If an individual who is quarantined under this section is the sole
parent or guardian of one (1) or more children who are not quarantined,
the child or children shall be placed in the residence of a relative,
friend, or neighbor of the quarantined individual until the quarantine
period has expired. Placement under this subsection must be in
accordance with the directives of the parent or guardian, if possible.
(r) State and local law enforcement agencies shall cooperate with the
public health authority in enforcing an order of isolation or
quarantine. (s) The court shall appoint an attorney
to represent an indigent individual in an action brought under this
chapter or under IC 16-41-6. If funds to pay for the court appointed
attorney are not available from any other source, the state department
may use the proceeds of a grant or loan to reimburse the county, state,
or attorney for the costs of representation.
(t) A person who knowingly or intentionally violates a condition of
isolation or quarantine under this chapter commits violating quarantine
or isolation, a Class A misdemeanor.
(u) The state department shall adopt rules under IC 4-22-2 to implement
this section, including rules to establish guidelines for:
(1) voluntary compliance with isolation and quarantine;
(2) quarantine locations and logistical support; and
(3) moving individuals to and from a quarantine location.
The absence of rules adopted under this subsection does not preclude
the public health authority from implementing any provision of this
section.
IC 21-40-5-4.
An exemption relieving a student from the requirements of section 3 of
this chapter may be accepted by the state educational institution as
part of the documentation of exemption for the following reasons:
(1) If a health care provider makes a written statement indicating the
nature and probable duration of a medical condition or circumstances
that contraindicate an immunization, identifying the specific vaccine
that could be detrimental to the student's health.
(2) If pregnancy or suspected pregnancy is certified in a written
statement from a health care provider.
(3) If a health care provider provides written documentation that the
student is in the course of completing an approved schedule of all
necessary doses of the vaccines required for the diseases listed in
section 2 of this chapter.
If the student's medical condition or circumstances subsequently permit
immunization, the exemptions granted by this section terminate and the
student shall obtain the immunizations from which the student has been
exempted.
See Chapter
65: Public Health.
Section 65-128.
Rules and regulations of secretary for isolation and quarantine;
publication; definition. (a) For the protection of the public health
and for the control of infectious or contagious diseases, the secretary
of health and environment by rules and regulations shall designate such
diseases as are infectious or contagious in their nature, and the
secretary of health and environment is authorized to adopt rules and
regulations for the isolation and quarantine of such diseases and
persons afflicted with or exposed to such diseases as may be necessary
to prevent the spread and dissemination of diseases dangerous to the
public health.
(b) As used in K.S.A. 65-118, 65-119, 65-122, 65-123,
65-126 and 65-129, and amendments thereto, "infectious or contagious
disease" means any disease designated by the secretary of health and
environment as an infectious or contagious disease in accordance with
subsection (a) but the infectious or contagious disease acquired immune
deficiency syndrome or any causative agent thereof shall not constitute
an infectious or contagious disease for the purposes of K.S.A. 65-118,
65-119, 65-122, 65-123, 65-126 and 65-129, and amendments thereto,
because such disease is subject to the provisions of K.S.A. 65-6001
through 65-6007 and amendments thereto.
It appears that Title XVIII (Public Health), Chap. 214 (Diseases)
contains most of the relevant law.
Section 67.082.
Declaration of epidemic area — Animal population reduction
program — Liability of state personnel.
(1) Notwithstanding the provisions of KRS 150.370, 525.130, or any
other statute that may be in conflict herewith, any county fiscal court
may, whenever an epidemic or potential epidemic of a disease
transmissible to man and domestic animals exists or is threatened in
any species of wildlife, declare all or any portion of that county to
be an epidemic area. Following a declaration, the fiscal court may,
with approval of the Cabinet for Health and Family Services and the
Department of Fish and Wildlife Resources, conduct control programs,
including population reduction programs, against any species of
wildlife including, but not limited to, red and gray foxes, skunks, and
rodents which may be serving as reservoirs and/or vectors of any
disease transmissible to human beings and/or domestic animals including
but not limited to rabies, leptospirosis, salmonellosis, and Rocky
Mountain spotted fever. These control programs may include but shall
not be limited to hunting, trapping, vaccination, and use of poisons.
Technical and operational assistance for the programs shall be made
available by the Cabinet for Health and Family Services, the Department
of Fish and Wildlife Resources, and the Department of Agriculture. A
control program established under authority of this section may be
conducted by the individual or joint action of the referred-to state
agencies, the local health department, or individual property owners
designated as agents of said cabinets and departments. In the event
poisonous baits are used to control an outbreak of rabies in wildlife,
those programs shall be under the direction of the Cabinet for Health
and Family Services. All pet animals in the area shall be quarantined
for the duration of the program by action of the local board of health.
These programs shall be regulated to provide specific identification of
bait station locations, daily check of each bait station, and positive
pickup and destruction of all unconsumed baits at the end of the
program.
(2) No liability shall be imposed upon any state agency or
local agency or any employee or agent thereof for any injury occurring
to domesticated animals, individuals, or property in carrying out
programs in good faith authorized by this section, but all persons and
agencies shall be liable to the extent otherwise provided by law for
ordinary and gross negligence.
See particularly 29 LRS,
chaps. 6 and 9.
29 LRS 761.
Purpose.
A. Because the government must do all that is reasonable and necessary
to protect the health and safety of its citizens; because new and
emerging dangers, including emergent and resurgent infectious diseases
and incidents of civilian mass casualties, pose serious and immediate
threats; because a renewed focus on the prevention, detection,
management, and containment of public health emergencies is essential;
and because emergency health threats, including those caused by
bioterrorism, may require the exercise of extraordinary government
powers and functions, the state must have the ability to respond,
rapidly and effectively, to potential or actual public health
emergencies. The purposes of this Chapter are:
(1) To require the development of a comprehensive plan that operates
within the framework of the State Emergency Operations Plan and that
provides for a coordinated, appropriate response in the event of a
public health emergency.
(2) To suspend administrative policies and procedures to the extent the
governor deems necessary within the parameters of the Louisiana
Emergency Assistance and Disaster Act of 1993, as amended (R.S. 29:701
et seq.),[fn1] and in the interest of providing for the following
priorities in the context of a public health emergency:
(a) The protection of human life.
(b) Controlling the spread of human disease.
(c) Meeting the immediate emergency needs of the people of Louisiana,
specifically medical services, shelter, food, water, and sanitation as
outlined in Annex M of the State Emergency Operations Plan. (d)
Restoring and continuing operations of facilities and services
essential to the health, safety, and welfare of the people of Louisiana.
(e) Preserving evidence for law enforcement investigations and
prosecutions.
(3) To grant state and local officials the authority to provide care,
treatment, and vaccination to persons who are ill or who have been
exposed to contagious diseases, and to separate affected individuals
from the population at large to interrupt disease transmission.
B. It is further declared to be the purpose of this Chapter and the
policy of the state of Louisiana that all health emergency powers of
the state be coordinated to the maximum extent possible with the
comparable functions of the federal government, other states and
localities, and private agencies of every type, to the end that the
most effective preparation and use may be made of the resources and
facilities available for dealing with any public health emergency or
bioterrorism event that may occur.
29 LRS 764.
Public Health Emergency Plan.
A. Content. The Subcommittee on Chemical and Biological Terrorism of
the Homeland Security Advisory Council shall, within twelve months of
its appointment, deliver to the governor a plan for responding to a
public health emergency, incorporating all applicable provisions of the
State Operations Emergency Plan and including provisions or guidelines
on the following:
(1) The organizational structure shall be established in accordance
with the Louisiana Homeland Security and Emergency Assistance and
Disaster Act, as amended (R.S. 29:721 et seq.), and shall utilize the
command and control structure established under the state homeland
security and emergency preparedness agency. The secretary of the
Department of Health and Hospitals or his designee shall be the
principal advisor to the director and assistant directors of the
Governor's Office of Homeland Security and Emergency Preparedness.
(2) Tailoring the disaster emergency plan to include the unique aspects
relevant to a public health emergency or bioterrorism incident,
including but not limited to:
(a) The location, procurement, storage, transportation, maintenance,
and distribution of essential materials, including but not limited to
medical supplies, drugs, vaccines, antidotes, food, shelter, clothing
and beds.
(b) The continued, effective operation of the judicial system
including, if deemed necessary, the identification and training of
personnel to serve as emergency judges regarding matters of isolation
and quarantine as described in this Chapter.
(c) The method of evacuating populations, and housing and feeding the
evacuated populations.
(d) The identification and training of health care providers to
diagnose and treat persons with infectious diseases.
(e) The vaccination of persons, in compliance with the provisions of
this Chapter.
(f) The treatment of persons who have been exposed to or who are
infected with diseases or health conditions that may be the cause of
the public health emergency.
(g) Tracking the source and outcomes of infected persons.
(h) Provisions permitting persons for reasons of health, religion, or
conscience to refuse medical examination or testing, vaccination, or
medical treatment; provided, such persons may be subject to isolation
or quarantine under the provisions of this Chapter.
(3) Ensuring that each municipality and parish within the state
identifies the following:
(a) Sites where persons can be isolated or quarantined in compliance
with the conditions and principles of this Chapter.
(b) Sites where medical supplies, food, and other essentials can be
distributed to the population.
(c) Sites where public health and emergency workers can be housed and
fed.
(d) Routes and means of transportation of people and materials.
(4) Protecting the citizens of the state regarding:
(a) Protection of individually identifiable health information to the
extent possible within the context of the public health emergency.
(b) Intrusion upon basic liberties without just cause.
(c) Vaccination and treatment of those exposed to or infected with
disease.
(d) Isolation and quarantine by the least restrictive means necessary
to prevent the spread of a contagious or possibly contagious disease to
others.
(5) Individuals may be subjected to temporary isolation without notice,
but only when that meets the test of being the least restrictive means
necessary.
(6) All actions regarding isolation and quarantine shall receive
priority on the dockets of the specified state judicial district courts.
(7) Those in isolation or quarantine shall be entitled to adequate
communication with family and counsel.
(8) Provisions relative to enlisting the support of in-state and
out-of-state health care providers to assist in the inoculation,
treatment, isolation, quarantine or other measures necessary to
properly manage the public health emergency.
(9) Provide for the temporary appointment, licensing or credentialing
of health care providers who are willing to assist in responding to the
public health emergency.
B. The Governor's Office of Homeland Security and Emergency
Preparedness shall distribute this plan to those who will be
responsible for its implementation, other interested persons, and the
public, and seek their review and comments.
C. The Homeland Security Advisory Council shall ensure that the plan be
maintained current to the maximum extent possible.
Louisiana Administrative Code
Section 14-3A-03.
PUB. SAF. Orders by Governor.
(a) In general. — After the Governor issues a proclamation under this
subtitle, the Governor may issue the orders authorized in this section.
(b) To the Secretary or designee. — (1) The Governor may order the
Secretary or other designated official to:
(i) seize immediately anything needed to respond to the medical
consequences of the catastrophic health emergency; and
(ii) work collaboratively, to the extent feasible, with health care
providers to designate and gain access to a facility needed to respond
to the catastrophic health emergency.
(2) The Governor may order the Secretary or other designated official
to control, restrict, or regulate the use, sale, dispensing,
distribution, or transportation of anything needed to respond to the
medical consequences of the catastrophic health emergency by:
(i) rationing or using quotas;
(ii) creating and distributing stockpiles;
(iii) prohibiting shipments;
(iv) setting prices; or
(v) taking other appropriate actions.
(3) If medically necessary and reasonable to treat, prevent, or reduce
the spread of the disease or outbreak believed to have been caused by
the exposure to a deadly agent, the Governor may order the Secretary or
other designated official to:
(i) require individuals to submit to medical examination or testing;
(ii) require individuals to submit to vaccination or medical treatment
unless the vaccination or treatment likely will cause serious harm to
the individual;
(iii) establish places of treatment, isolation, and quarantine; or
(iv) require individuals to go to and remain in places of isolation or
quarantine until the Secretary or other designated official determines
that the individuals no longer pose a substantial risk of transmitting
the disease or condition to the public.
(c) To health care provider. — The Governor may order any health care
provider, who does not voluntarily participate, to participate in
disease surveillance, treatment, and suppression efforts or otherwise
comply with the directives of the Secretary or other designated
official.
(d) To the public. — (1) The Governor may order the evacuation,
closing, or decontamination of any facility.
(2) If necessary and reasonable to save lives or prevent exposure to a
deadly agent, the Governor may order individuals to remain indoors or
refrain from congregating.
Section 14-3A-04.
PUB. SAF. Isolation or quarantine resulting from
refusal to be tested or treated.
The Secretary may require an individual to go to and remain in a place
of isolation or quarantine until the Secretary determines that the
individual no longer poses a substantial risk of transmitting a disease
or condition to the public if the individual:
(1) is a competent adult; and
(2) refuses an order under § 14-3A-03(b)(3) of this subtitle for:
(i) vaccination;
(ii) medical examination;
(iii) treatment; or
(iv) testing.
Section 18-211.
HEALTH-GEN. Authority to move infected individual;
conditions; disobeying or obstructing order prohibited.
(a) Move authorized. — A health officer may have an individual moved to
a suitable place for the reception of the sick if:
(1) A physician certifies that the individual has an infectious disease
that endangers public health;
(2) The individual:
(i) Is staying in a room occupied by more than 1 family;
(ii) Is on board a vessel; or
(iii) Otherwise does not have proper housing; and
(3) The administrative head of the place for the reception of the sick
consents to the move.
(b) Payment of cost. — The city or county where the infected individual
is found shall pay for the cost of moving the individual.
(c) Prohibited acts. — A person may not willfully disobey an order or
obstruct the carrying out of an order of the health officer to move an
individual.
Section 18-212.1.
HEALTH-GEN. Governor's authority when there is a danger
of disease entering the State.
If the Governor has strong grounds to believe that there is a danger of
a malignant and contagious disease being introduced into the State, the
Governor may:
(1) Quarantine a vessel that is entering the waters of the State;
(2) Prohibit or restrict contact between the State and the place
affected by the disease; and
(3) Take other actions that appear to the Governor to be necessary to
carry out this section.
Section 18-905.
HEALTH-GEN. Powers of Secretary in investigating
exposures to deadly agent; orders.
(a) Orders. — In investigating actual or potential exposures to a
deadly agent, the Secretary:
(1)(i) May issue an order requiring individuals whom the
Secretary has reason to believe have been exposed to a deadly agent to
seek appropriate and necessary evaluation and treatment;
(ii) When the Secretary determines that it is medically necessary and
reasonable to prevent or reduce the spread of the disease or outbreak
believed to have been caused by the exposure to a deadly agent, may
order an individual or group of individuals to go to and remain in
places of isolation or quarantine until the Secretary determines that
the individual no longer poses a substantial risk of transmitting the
disease or condition to the public; and
(iii) If a competent individual over the age of 18 refuses vaccination,
medical examination, treatment, or testing under this paragraph, may
require the individual to go to and remain in places of isolation or
quarantine until the Secretary determines that the individual no longer
poses a substantial risk of transmitting the disease or condition to
the public;
(2) May coordinate and direct the efforts of any health officer or
health commissioner of any subdivision in seeking to detect or respond
to threats posed by a deadly agent; and
(3) May order any sheriff, deputy sheriff, or other law enforcement
officer of the State or any subdivision to assist in the execution or
enforcement of any order issued under this subtitle. (b) When issued. —
The Secretary may issue an order under subsection (a) of this section:
(1) If, prior to the issuance of a proclamation under § 14-3A-02
of the Public Safety Article, the Secretary determines that the disease
or outbreak can be medically contained by the Department and
appropriate health care providers; and
(2) As necessary to implement an order issued by the Governor under
§ 14-3A-02 of the Public Safety Article.
GL ch. 76, § 15:
No child shall, except as hereinafter provided, be
admitted to school except upon presentation of a physician’s
certificate that the child has been successfully immunized against
diphtheria, pertussis, tetanus, measles and poliomyelitis and such
other communicable diseases as may be specified from time to time by
the department of public health.
A child shall be admitted to school upon certification by a
physician that he has personally examined such child and that in his
opinion the physical condition of the child is such that his health
would be endangered by such vaccination or by any of such
immunizations. Such certification shall be submitted at the beginning
of each school year to the physician in charge of the school health
program. If the physician in charge of the school health program does
not agree with the opinion of the child’s physician, the matter shall
be referred to the department of public health, whose decision will be
final.
In the absence of an emergency or epidemic of disease declared
by
the department of public health, no child whose parent or guardian
states in writing that vaccination or immunization conflicts with his
sincere religious beliefs shall be required to present said physician’s
certificate in order to be admitted to school.
GL ch. 111,
§ 181 : “Boards of health, if in their
opinion it is necessary for public health or safety, shall require and
enforce the vaccination and revaccination of all the inhabitants of
their towns, and shall provide them with the means of free vaccination.
Whoever refuses or neglects to comply with such requirement shall
forfeit five dollars.”
See Chap.
144: Department of health.
See Title
41: Public Health.
Section 44.032. — Emergency powers of governor,
uses – Missouri disaster
fund, funding, expenditures, procedures, purposes – aid to political
subdivisions, when, procedure – expenditures in excess of $1,000,
governor to approve.
44.032. 1. The general assembly recognizes the necessity for
anticipating and making advance provisions to care for the unusual and
extraordinary burdens imposed on this state and its political
subdivisions by disasters or emergencies. To meet such situations, it
is the intention of the general assembly to confer emergency powers on
the governor, acting through the director, and vesting the governor
with adequate power and authority within the limitation of available
funds in the Missouri disaster fund to meet any such emergency or
disaster.
2. There is hereby established a fund to be known as the "Missouri
Disaster Fund", to which the general assembly may appropriate funds and
from which funds may be appropriated annually to the state emergency
management agency. The funds appropriated shall be expended during a
state emergency at the direction of the governor and upon the issuance
of an emergency declaration which shall set forth the emergency and
shall state that it requires the expenditure of public funds to furnish
immediate aid and relief. The director of the state emergency
management agency shall administer the fund.
3. Expenditures may be made upon direction of the governor for
emergency management, as defined in section 44.010, or to implement the
state disaster plans. Expenditures may also be made to meet the
matching requirements of state and federal agencies for any applicable
assistance programs.
4. Assistance may be provided from the Missouri disaster fund to
political subdivisions of this state which have suffered from a
disaster to such an extent as to impose a severe financial burden
exceeding the ordinary reserve capacity of the subdivision affected.
Applications for aid under this section shall be made to the state
emergency management agency on such forms as may be prescribed and
furnished by the agency, which forms shall require the furnishing of
sufficient information to determine eligibility for aid and the extent
of the financial burden incurred. The agency may call upon other
agencies of the state in evaluating such applications. The director of
the state emergency management agency shall review each application for
aid under the provisions of this section and recommend its approval or
disapproval, in whole or in part, to the governor. If approved, the
governor shall determine and certify to the director of the state
emergency management agency the amount of aid to be furnished. The
director of the state emergency management agency shall thereupon issue
his voucher to the commissioner of administration, who shall issue his
warrants therefor to the applicant.
5. When a disaster or emergency has been proclaimed by the governor or
there is a national emergency, the director of the state emergency
management agency, upon order of the governor, shall have authority to
expend funds for the following
(1) The purposes of sections 44.010 to 44.130 and the responsibilities
of the governor and the state emergency management agency as outlined
in sections 44.010 to 44.130;
(2) Employing, for the duration of the response and recovery to
emergency, additional personnel and contracting or otherwise procuring
necessary appliances, supplies, equipment, and transport;
(3) Performing services for and furnishing materials and supplies to
state government agencies, counties, and municipalities with respect to
performance of any duties enjoined by law upon such agencies, counties,
and municipalities which they are unable to perform because of extreme
natural or man-made phenomena, and receiving reimbursement in whole or
in part from such agencies, counties, and municipalities able to pay
therefor under such terms and conditions as may be agreed upon by the
director of the state emergency management agency and any such agency,
county, or municipality;
(4) Performing services for and furnishing materials to any individual
in connection with alleviating hardship and distress growing out of
extreme natural or man-made phenomena, and receiving reimbursement in
whole or in part from such individual under such terms as may be agreed
upon by the director of the state emergency management agency and such
individual;
(5) Providing services to counties and municipalities with respect to
quelling riots and civil disturbances;
(6) Repairing and restoring public infrastructure;
(7) Furnishing transportation for supplies to alleviate suffering and
distress;
(8) Furnishing medical services and supplies to prevent the spread of
disease and epidemics;
(9) Quelling riots and civil disturbances;
(10) Training individuals or governmental agencies for the purpose of
perfecting the performance of emergency assistance duties as defined in
the state disaster plans;
(11) Procurement, storage, and transport of special emergency supplies
or equipment determined by the director to be necessary to provide
rapid response by state government to assist counties and
municipalities in impending or actual emergencies;
(12) Clearing or removing from publicly or privately owned land or
water, debris and wreckage which may threaten public health or safety;
and
(13) Such other measures as are customarily necessary to furnish
adequate relief in cases of catastrophe or disaster.
6. The governor may receive such voluntary contributions as may be made
from any source to aid in carrying out the purposes of this section and
shall credit the same to the Missouri disaster fund.
7. All obligations and expenses incurred by the governor in the
exercise of the powers and duties vested by the provisions of this
section shall be paid by the state treasurer out of available funds in
the Missouri disaster fund, and the commissioner of administration
shall draw warrants upon the state treasurer for the payment of such
sum, or so much thereof as may be required, upon receipt of proper
vouchers provided by the director of the state emergency management
agency.
8. The provisions of this section shall be liberally construed in order
to accomplish the purposes of sections 44.010 to 44.130 and to permit
the governor to cope adequately with any emergency which may arise, and
the powers vested in the governor by this section shall be construed as
being in addition to all other powers presently vested in the governor
and not in derogation of any existing powers.
9. Such funds as may be made available by the government of the United
States for the purpose of alleviating distress from disasters may be
accepted by the state treasurer and shall be credited to the Missouri
disaster fund, unless otherwise specifically provided in the act of
Congress making such funds available.
10. The foregoing provisions of this section notwithstanding, any
expenditure or proposed series of expenditures which total in excess of
one thousand dollars per project shall be approved by the governor
prior to the expenditure.
See Chap. 141-C: Communicable
Disease.
Section 141-C:11.
Isolation and Quarantine.
I. Whenever it is necessary to prevent the
introduction or spread of communicable diseases within this state or
from another state, or to restrict such diseases if introduced, and
when such communicable diseases pose a substantial threat to the health
and life of the citizenry, the commissioner shall establish isolation
or quarantine for persons who are cases or carriers, or suspected cases
or carriers of communicable diseases, and establish quarantine for
commodities, conveyances, baggage and cargo that are carriers or
suspected carriers of the communicable diseases by written order
prepared in accordance with RSA 141-C:12. Such isolation or quarantine
shall be by the least restrictive means necessary to protect the
citizenry which, in the case of an individual, shall be at a place of
his or her choosing unless the commissioner determines such place to be
impractical or unlikely to adequately protect the public health. The
commissioner shall adopt such rules regarding the establishment,
maintenance and lifting of isolation and quarantine as the commissioner
may deem best for protecting the health of the public.
II. When a conveyance, operator, crew, passenger,
baggage, cargo or commodity is placed in isolation or quarantine, the
owners, consignees, assignees and operators shall submit to such
investigations as authorized by RSA 141-C:9, I, regarding any
circumstance or event concerning the health of the operator, crew,
passengers and the sanitary condition of the conveyance, baggage, cargo
or commodity. The operator, crew and passengers shall submit to such
examinations, as authorized by RSA 141-C:9, II, as the commissioner may
determine appropriate.
III. The commissioner may, in ordering isolation or
quarantine of persons, require that treatment be obtained in accordance
with rules adopted under RSA 141-C:15.
IV. The order of quarantine for commodities,
conveyances, baggage and cargo may require, as a condition for lifting
the quarantine, that decontamination be performed. The commissioner
shall adopt such rules pursuant to RSA 541-A as are necessary for the
performance of decontamination.
New Jersey Administrative Code
Section 12-10A-8.
Isolation or quarantine authorized; protection of a person isolated or
quarantined.
A. The secretary of health may isolate or
quarantine a person as necessary during a public health emergency,
using the procedures set forth in the Public Health Emergency Response
Act [ 12-10A-1 to 12-10A-19 NMSA 1978].
B. The secretary of health, the secretary of
public safety, the director and anyone acting under the secretaries' or
the director's authority, when isolating or quarantining a person
during a public health emergency, shall ensure that:
(1) isolation or quarantine shall be by the
least restrictive means necessary to protect against the spread of a
threatening communicable disease or a potentially threatening
communicable disease to others and may include confinement to a private
home or other private or public premises;
(2) isolated persons are confined separately
from quarantined persons;
(3) the health status of an isolated or
quarantined person is monitored regularly to determine if he requires
continued isolation or quarantine. To adequately address emergency
health situations, an isolated or quarantined person shall be given a
reliable means to communicate twenty-four hours a day with health
officials and to summon emergency health services;
(4) if a quarantined person subsequently
becomes infected or is reasonably believed to be infected with a
threatening communicable disease or a potentially threatening
communicable disease, he shall be isolated pursuant to the provisions
of the Public Health Act [ 24-1-1 to 24-1-22 NMSA 1978] or the Public
Health Emergency Response Act [ 12-10A-1 to 12-10A-19 NMSA
1978];
(5) the needs of a person isolated or
quarantined be addressed in a systematic and orderly manner, including
the provision of adequate food, clothing, shelter, sanitation, and to
the extent of available resources, appropriate medication and
treatment, medical care and mental health care;
(6) there are methods of communication
available to a person placed in isolation or quarantine so that he may
communicate with others, including family members, household members,
legal representatives, advocates and the media. Accommodations shall
also be made for religious worship or practice and updates on the
status of the public health emergency, as available;
(7) the premises used for isolation or
quarantine are maintained in a safe and hygienic manner and are
designed to minimize the likelihood of further transmission of
infection or other injury to other persons who are isolated or
quarantined; and
(8) to the extent feasible, forms are provided
to a person in isolation or quarantine that document the person's
consent or objection to the isolation or quarantine.
C. A person isolated or quarantined pursuant to
the provisions of the Public Health Emergency Response Act [ 12-10A-1
to 12-10A-19 NMSA 1978] has the right to refuse medical treatment,
testing, physical or mental examination, vaccination, specimen
collections and preventive treatment programs. A person who has been
directed by the secretary of health to submit to medical procedures and
protocols because the person is infected with, reasonably believed to
be infected with, or exposed to a threatening communicable disease and
who refuses to submit to the procedures and protocols may be subject to
continued isolation or quarantine pursuant to the provisions of the
Public Health Emergency Response Act.
D. A person not authorized by the secretary of
public safety, the secretary of health or the director shall not enter
an isolation or quarantine area. If, by reason of an unauthorized entry
into an isolation or quarantine area, a person poses a danger to public
health, the person may be subject to isolation or quarantine pursuant
to the provisions of the Public Health Emergency Response Act [
12-10A-1 to 12-10A-19 NMSA 1978].
E. A household or family member of a person
isolated or quarantined has a right to choose to enter an isolation or
quarantine area. The secretary of public safety, the secretary of
health or the director shall permit the household or family member
entry into the isolation or quarantine area if the household or family
member signs a consent form stating that the member has been informed
of the potential health risks, isolation and quarantine guidelines and
the consequences of entering the area. The household or family member
shall not hold the state of New Mexico responsible for any consequences
by reason of entry into the isolation or quarantine area. A household
or family member who enters the area, at the discretion of the public
health official, may be subject to isolation or quarantine pursuant to
the provisions of the Public Health Emergency Response Act [ 12-10A-1
to 12-10A-19 NMSA 1978].
Section 12-10A-13.
Vaccination and treatment.
A. During a state of public health emergency, a
qualified person authorized by the secretary of health may vaccinate
persons to prevent infection by a threatening communicable disease and
to protect against the spread of that disease.
B. To protect against the spread of a
threatening communicable disease, the secretary of health may isolate
or quarantine a person who is unable or unwilling for reasons of
health, religion or conscience to undergo vaccination pursuant to the
standards and procedures set forth in the Public Health Emergency
Response Act [ 12-10A-1 to 12-10A-19 NMSA 1978].
C. A qualified person authorized by the
secretary of health may vaccinate a minor less than eighteen years of
age, unless the minor or his duly authorized representative presents a
certificate issued by a duly licensed physician that states that the
minor's physical condition is such that the vaccination would seriously
endanger his life or health.
D. During a state of public health emergency,
in order to provide treatment to a person who is exposed to or infected
with a threatening communicable disease:
(1) treatment may be administered by a public
health official;
(2) treatment shall be approved pursuant to
appropriate regulations promulgated by the federal food and drug
administration; and
(3) the secretary of health may isolate or
quarantine a person who is unable or unwilling, for reasons of health,
religion or conscience, to undergo treatment pursuant to the standards
and procedures set forth in the Public Health Emergency Response Act [
12-10A-1 to 12-10A-19 NMSA 1978].
Section 24-5-13.
Rights.
Nothing in the Immunization Act [ 24-5-1 NMSA 1978] shall preclude the
right of the patient, or the patient's parent or guardian if the
patient is a minor, to claim exemption from immunization as defined in
Section 24-5-3 NMSA 1978; nor shall anything in the Immunization Act
require such patient to be included in the immunization registry if the
patient, or the patient's parent or guardian if the patient is a minor,
objects on any grounds, including that such registry conflicts with the
religious belief of the patient, or the patient's parent or guardian if
the patient is a minor.
Section 97-53.
(See editor's note on condition precedent) Occupational diseases
enumerated; when due to exposure to chemicals.
***
(29) (See editor's note on condition precedent)
Infection with smallpox, infection with vaccinia, or any adverse
medical reaction when the infection or adverse reaction is due to the
employee receiving in employment vaccination against smallpox incident
to the Administration of Smallpox Countermeasures by Health
Professionals, section 304 of the Homeland Security Act, Pub. L. No.
107-296 (Nov. 25, 2002) (to be codified at 42 U.S.C. § 233(p)), or
when the infection or adverse medical reaction is due to the employee
being exposed to another employee vaccinated as described in this
subdivision.
Section 126-8.4.
(See note on condition precedent) No sick leave taken for absences by
State employees resulting from adverse reactions to vaccination.
(a) Absence from work by an
employee shall not count against the employee's sick leave, and the
employee's salary shall continue during the absence when the employee
receives in employment vaccination against smallpox incident to the
Administration of Smallpox Countermeasures by Health Professionals,
section 304 of the Homeland Security Act, Pub. L. No. 107 296 (Nov. 25,
2002) (to be codified at 42 U.S.C. § 233(p)) and the absence is
due to the employee having an adverse medical reaction resulting from
the vaccination. The provisions of this subsection shall apply for a
maximum of 480 employment hours. The employing department, agency,
institution, or entity may require the employee to obtain certification
from a health care provider justifying the need for leave after the
first 24 hours of leave taken pursuant to this subsection.
(b) Absence from work by an
employee shall not count against the employee's sick leave, and the
employee's salary shall continue during the absence when the employee
is permanently or temporarily living in the home of a person who
receives in employment vaccination against smallpox incident to the
Administration of Smallpox Countermeasures by Health Professionals,
section 304 of the Homeland Security Act, Pub. L. No. 107 296 (Nov. 25,
2002) (to be codified at 42 U.S.C. § 233(p)) and the absence is
due to (i) the employee having an adverse medical reaction resulting
from exposure to the vaccinated person, or (ii) the need to care for
the vaccinated person who has an adverse medical reaction resulting
from the vaccination. The provisions of this subsection shall apply for
a maximum of 480 employment hours. The employing department, agency,
institution, or entity may require the employee to obtain certification
from a health care provider justifying the need for leave after the
first 24 hours of leave taken pursuant to this subsection.
(c) Notwithstanding any other
provisions of this Chapter, this section applies to all State
employees. (2003 169, s. 4.)
Section 130A-152.
Immunization required.
(a) Every child present in this
State shall be immunized against diphtheria, tetanus, whooping cough,
poliomyelitis, red measles (rubeola) and rubella. In addition, every
child present in this State shall be immunized against any other
disease upon a determination by the Commission that the immunization is
in the interest of the public health. Every parent, guardian, person in
loco parentis and person or agency, whether governmental or private,
with legal custody of a child shall have the responsibility to ensure
that the child has received the required immunization at the age
required by the Commission. If a child has not received the required
immunizations by the specified age, the responsible person shall obtain
the required immunization for the child as soon as possible after the
lack of the required immunization is determined.
(b) Repealed by Session Laws 2002
179, s. 10, effective October 1, 2002.
(c) The Commission shall adopt and
the Department shall enforce rules concerning the implementation of the
immunization program. The rules shall provide for:
(1) The child's age at
administration of each vaccine;
(2) The number of doses of each
vaccine;
(3) Exemptions from the
immunization requirements where medical practice suggests that
immunization would not be in the best health interests of a specific
category of children;
(4) The procedures and practices
for administering the vaccine; and
(5) Redistribution of vaccines
provided to local health departments.
(c1) The Commission for Health Services shall,
pursuant to G.S. 130A 152 and G.S. 130A 433, adopt rules establishing
reasonable fees for the administration of vaccines and rules limiting
the requirements that can be placed on children, their parents,
guardians, or custodians as a condition for receiving vaccines provided
by the State. These rules shall become effective January 1, 1994.
(d) Only vaccine preparations which
meet the standards of the United States Food and Drug Administration or
its successor in licensing vaccines and are approved for use by the
Commission may be used.
(e) When the Commission requires
immunization against a disease not listed in paragraph (a) of this
section, or requires an additional dose of a vaccine, the Commission is
authorized to exempt from the new requirement children who are or who
have been enrolled in school (K 12) on or before the effective date of
the new requirement.
Section 130A-157.
Religious exemption.
If the bona fide religious beliefs of an adult or the parent, guardian
or person in loco parentis of a child are contrary to the immunization
requirements contained in this Chapter, the adult or the child shall be
exempt from the requirements. Upon submission of a written statement of
the bona fide religious beliefs and opposition to the immunization
requirements, the person may attend the college, university, school or
facility without presenting a certificate of immunization. (1957, c.
1357, s. 1; 1959, c. 177; 1965, c. 652; 1971, c. 191; 1979, c. 56, s.
1; 1983, c. 891, s. 2; 1985, c. 692, s. 2; 2002 179, s. 17.)
Section 130A-423.
North Carolina Childhood Vaccine Related Injury Compensation Program;
exclusive remedy; relationship to federal law; subrogation.
Section 130A-430.
Right of State to bring action against health care provider and
manufacturer.
Section 130A-475.
Suspected terrorist attack.
(a) If the State Health Director
reasonably suspects that a public health threat may exist and that the
threat may have been caused by a terrorist incident using nuclear,
biological, or chemical agents, the State Health Director is authorized
to order any of the following:
(1) Require any person or animal to
submit to examinations and tests to determine possible exposure to the
nuclear, biological, or chemical agents.
(2) Test any real or personal
property necessary to determine the presence of nuclear, biological, or
chemical agents.
(3) Evacuate or close any real
property, including any building, structure, or land when necessary to
investigate suspected contamination of the property. The period of
closure during an investigation shall not exceed 10 calendar days. If
the State Health Director determines that a longer period of closure is
necessary to complete the investigation, the Director may institute an
action in superior court to order the property to remain closed until
the investigation is completed.
(4) Limit the freedom of movement
or action of a person or animal that is contaminated with, or
reasonably suspected of being contaminated with, a biological, chemical
or nuclear agent that may be conveyed to other persons or animals.
(5) Limit access by any person or
animal to an area or facility that is housing persons or animals whose
movement or action has been limited under subdivision (4) of this
subsection or to an area or facility that is contaminated with, or
reasonably suspected of being contaminated with, a biological, chemical
or nuclear agent that may be conveyed to other persons or animals.
Nothing in this subdivision shall be construed to restrict the access
of authorized health care, law enforcement, or emergency medical
services personnel to quarantine or isolation premises as necessary in
conducting their duties.
(b) The authority under subsection
(a) of this section shall be exercised only when and so long as a
public health threat may exist, all other reasonable means for
correcting the problem have been exhausted, and no less restrictive
alternative exists. Before applying the authority under subdivision (4)
or (5) of subsection (a) of this section to livestock or poultry for
the purpose of preventing the direct or indirect conveyance of a
biological, chemical or nuclear agent to persons, the State Health
Director shall consult with the State Veterinarian in the Department of
Agriculture and Consumer Services.
The period of limited freedom of movement or access under subdivisions
(4) and (5) of subsection (a) of this section shall not exceed 30
calendar days. Any person substantially affected by that limitation may
institute, in superior court in Wake County or in the county in which
the limitation is imposed, an action to review the limitation. The
State Health Director shall give the persons known by the State Health
Director to be substantially affected by the limitation reasonable
notice under the circumstances of the right to institute an action to
review the limitation. If a person or a person's representative
requests a hearing, the hearing shall be held within 72 hours of the
filing of the request, excluding Saturdays and Sundays. The person
substantially affected by that limitation is entitled to be represented
by counsel of the person's own choice or if the person is indigent, the
person shall be represented by counsel appointed in accordance with
Article 36 of Chapter 7A of the General Statutes and the rules adopted
by the Office of Indigent Defense Services. The court shall reduce or
terminate the limitation unless it determines, by the preponderance of
the evidence, that the limitation is reasonably necessary to prevent or
limit the conveyance of biological, chemical or nuclear agents to
others, and may apply such conditions to the limitation as the court
deems reasonable and necessary.
If the State Health Director determines that a 30 calendar day
limitation on freedom of movement or access is not adequate to protect
the public health, the State Health Director must institute in superior
court in the county in which the limitation is imposed, an action to
obtain an order extending the period limiting the freedom of movement
or access. If the person substantially affected by the limitation has
already instituted an action in superior court in Wake County, the
State Health Director must institute the action in superior court in
Wake County or as a counterclaim in the pending case. The court shall
continue the limitation for a period not to exceed 30 days, subject to
conditions it deems reasonable and necessary, if it determines by the
preponderance of the evidence, that additional limitation is reasonably
necessary to prevent or limit the conveyance of biological, chemical,
or nuclear agents to others. The court order shall specify the period
of time the limitation is to be continued and shall provide for
automatic termination of the order upon written determination by the
State Health Director or local health director that the limitation on
freedom of movement or access is no longer necessary to protect the
public health. In addition, where the petitioner can prove by a
preponderance of the evidence that the limitation on freedom of
movement or access was not or is no longer needed for protection of the
public health, the person so limited may move the trial court to
reconsider its order extending the limitation on freedom of movement or
access before the time for the order otherwise expires and may seek
immediate or expedited termination of the order. Before the expiration
of an order issued under this section, the State Health Director may
move to continue the order for additional periods not to exceed 30 days
each.
(c) If the State Health Director
reasonably suspects that there exists a public health threat that may
have been caused by a terrorist incident using nuclear, biological, or
chemical agents, the State Health Director shall notify the Governor
and the Secretary of Crime Control and Public Safety. If the Secretary
of Crime Control and Public Safety reasonably suspects that a public
health threat may exist and that the threat may have been caused by a
terrorist incident using nuclear, biological, or chemical agents, the
Secretary shall notify the Governor and the State Health Director.
(d) For the purpose of this
Article, the term "public health threat" means a situation that is
likely to cause an immediate risk to human life, an immediate risk of
serious physical injury or illness, or an immediate risk of serious
adverse health effects.
(e) Nothing in this section shall
limit any authority otherwise granted to local or State public health
officials under this Chapter. (2002 179, s. 1; 2004 80, s. 3; 2004 199,
s. 33.)
Section 130A-485.
Vaccination program established; definitions.
(a) The Department and local health
departments shall offer a vaccination program for first responders who
may be exposed to infectious diseases when deployed to disaster
locations. The vaccinations shall include, but are not limited to,
hepatitis A vaccination, hepatitis B vaccination, diphtheria tetanus
vaccination, influenza vaccination, pneumococcal vaccination, and other
vaccinations when recommended by the United States Public Health
Service and in accordance with Federal Emergency Management Directors
Policy. Immune globulin will be made available when necessary, as
determined by the State Health Director.
(b) Participation in the
vaccination program is voluntary by the first responders, except for
first responders who are classified as having "occupational exposure"
to bloodborne pathogens as defined by the Occupational Safety and
Health Administration Standard contained at 29 C.F.R. § 1910.10300
who shall be required to take the designated vaccinations or otherwise
required by law.
(c) Nothing in this section shall
require first responders, except first responders for whom the
vaccination program is not voluntary as set forth in subsection (b) of
this section, who present a written statement from a licensed physician
indicating that a vaccine is medically contraindicated for the first
responder or who sign a written statement that the administration of a
vaccination conflicts with the first responder's religious tenets, to
receive a vaccine.
(d) In the event of a vaccine
shortage, the State Public Health Director, in consultation with the
Centers for Disease Control and Prevention, shall give priority for
vaccination to first responders deployed to a disaster location.
(e) The Department shall notify
first responders of the availability of the vaccination program and
shall provide educational materials on ways to prevent exposure to
infectious diseases.
(f) As used in this section,
unless the context clearly requires otherwise, the term:
(1) "Bioterrorism" means the
intentional use of any microorganism, virus, infectious substance,
biological product, or biological agent as defined in G.S. 130A 479
that may be engineered as a result of biotechnology or any naturally
occurring or bioengineered component of any microorganism, virus,
infectious substance, or biological product to cause or attempt to
cause death, disease, or other biological malfunction in any living
organism.
(2) "Disaster location" means any
geographical location where a bioterrorism attack, terrorist incident,
catastrophic or natural disaster, or emergency occurs.
(3) "First responders" means State
and local law enforcement personnel, fire department personnel, and
emergency medical personnel who will be deployed to bioterrorism
attacks, terrorist attacks, catastrophic or natural disasters, or
emergencies. (2003 227, s. 1.)
Section 131D-9.
Immunization of employees and residents of adult care homes.
(a) Except as provided in
subsection (e) of this section, an adult care home licensed under this
Article shall require residents and employees to be immunized annually
against influenza virus and shall require residents to also be
immunized against pneumococcal disease.
(b) Upon admission, an adult care
home shall notify the resident of the immunization requirements of this
section and shall request that the resident agree to be immunized
against influenza virus and pneumococcal disease.
(b1) An adult care home shall notify every
employee of the immunization requirements of this section and shall
request that the employee agree to be immunized against the influenza
virus.
(c) An adult care home shall
document the annual immunization against influenza virus and the
immunization against pneumococcal disease for each resident and each
employee, as required under this section. Upon finding that a resident
is lacking one or both of these immunizations or that an employee has
not been immunized against influenza virus, or if the adult care home
is unable to verify that the individual has received the required
immunization, the adult care home shall provide or arrange for
immunization. The immunization and documentation required shall occur
not later than November 30 of each year.
(d) For an individual who becomes a
resident of or who is newly employed by the adult care home after
November 30 but before March 30 of the following year, the adult care
home shall determine the individual's status for the immunizations
required under this section, and if found to be deficient, the adult
care home shall provide the immunization.
(e) No individual shall be required
to receive vaccine under this section if the vaccine is medically
contraindicated, or if the vaccine is against the individual's
religious beliefs, or if the individual refuses the vaccine after being
fully informed of the health risks of not being immunized.
(f) Notwithstanding any other
provision of law to the contrary, the Health Services Commission shall
have the authority to adopt rules to implement the immunization
requirements of this section.
(g) As used in this section,
"employee" means an individual who is a part time or full time employee
of the adult care home. (2000 112, ss. 1, 2.)
Section 131E-113.
Immunization of employees and residents.
(a) Except as provided in
subsection (e) of this section, a nursing home licensed under this Part
shall require residents and employees to be immunized against influenza
virus and shall require residents to also be immunized against
pneumococcal disease.
(b) Upon admission, a nursing home
shall notify the resident of the immunization requirements of this
section and shall request that the resident agree to be immunized
against influenza virus and pneumococcal disease.
(b1) A nursing home shall notify every employee
of the immunization requirements of this section and shall request that
the employee agree to be immunized against influenza virus.
(c) A nursing home shall document
the annual immunization against influenza virus and the immunization
against pneumococcal disease for each resident and each employee, as
required under this section. Upon finding that a resident is lacking
one or both of these immunizations or that an employee has not been
immunized against influenza virus, or if the nursing home is unable to
verify that the individual has received the required immunization, the
nursing home shall provide or arrange for immunization. The
immunization and documentation required shall occur not later than
November 30 of each year.
(d) For an individual who becomes a
resident of or who is newly employed by the nursing home after November
30 but before March 30 of the following year, the nursing home shall
determine the individual's status for the immunizations required under
this section, and if found to be deficient, the nursing home shall
provide the immunization.
(e) No individual shall be required
to receive vaccine under this section if the vaccine is medically
contraindicated, or if the vaccine is against the individual's
religious beliefs, or if the individual refuses the vaccine after being
fully informed of the health risks of not being immunized.
(f) Notwithstanding any other
provision of law to the contrary, the Health Services Commission shall
have the authority to adopt rules to implement the immunization
requirements of this section.
(g) As used in this section,
"employee" means an individual who is a part time or full time employee
of the nursing home. (2000 112, ss. 3, 4.)
Section 143-300.1A.
(See Editor's note on condition precedent) Claims arising from certain
smallpox vaccinations of State employees.
The North Carolina Industrial Commission shall have jurisdiction to
hear and determine claims in accordance with the procedures set forth
in this Article made against the State by a person who is permanently
or temporarily living in the home of a State employee who receives in
employment vaccination against smallpox incident to the Administration
of Smallpox Countermeasures by Health Professionals, section 304 of the
Homeland Security Act, Pub. L. No. 107 296 (Nov. 25, 2002) (to be
codified at 42 U.S.C. § 233(p)) when the person contracts an
infection with smallpox or an infection with vaccinia or has any
adverse medical reaction due to the vaccination received by the
employee. A person covered by this section shall be entitled to recover
from the State damages incurred by the person that are directly
attributable to the vaccination of the employee under this section. No
showing of negligence is required under this section. The provisions of
G.S. 143 299.1 shall not apply to claims made under this section, and
contributory negligence is not a defense for claims under this section.
Damages awarded under this section shall be paid in accordance with
G.S. 143 291(a1) and shall be subject to the same limits as those which
apply to tort claims under this Article. (2003 169, s. 3.)
Section 153A-94.1.
(See note on condition precedent) Smallpox vaccination policy.
All counties that employ firefighters, law enforcement officers,
paramedics, other first responders, or health department employees
shall, not later than 90 days after this section becomes law, enact a
policy regarding sick leave and salary continuation for those employees
for absence from work due to an adverse medical reaction resulting from
the employee receiving in employment vaccination against smallpox
incident to the Administration of Smallpox Countermeasures by Health
Professionals, section 304 of the Homeland Security Act, Pub. L. No.
107 296 (Nov. 25, 2002) (to be codified at 42 U.S.C. § 233(p)).
(2003 169, s. 6.)
Section 160A-164.1.
Smallpox vaccination policy (see editor's note on condition precedent).
All municipalities that employ firefighters, police officers,
paramedics, or other first responders shall, not later than 90 days
after this section becomes law, enact a policy regarding sick leave and
salary continuation for those employees for absence from work due to an
adverse medical reaction resulting from the employee receiving in
employment vaccination against smallpox incident to the Administration
of Smallpox Countermeasures by Health Professionals, section 304 of the
Homeland Security Act,
Section 3701.13.
Department of health - powers.
The department of health shall have supervision of all matters relating
to the preservation of the life and health of the people and have
ultimate authority in matters of quarantine and isolation, which it may
declare and enforce, when neither exists, and modify, relax, or
abolish, when either has been established. The department may approve
methods of immunization against the diseases specified in section
3313.671 of the Revised Code for the purpose of carrying out the
provisions of that section and take such actions as are necessary to
encourage vaccination against those diseases.
The department may make special or standing orders or rules for
preventing the use of fluoroscopes for nonmedical purposes which emit
doses of radiation likely to be harmful to any person, for preventing
the spread of contagious or infectious diseases, for governing the
receipt and conveyance of remains of deceased persons, and for such
other sanitary matters as are best controlled by a general rule.
Whenever possible, the department shall work in cooperation with the
health commissioner of a general or city health district. It may make
and enforce orders in local matters when an emergency exists, or when
the board of health of a general or city health district has neglected
or refused to act with sufficient promptness or efficiency, or when
such board has not been established as provided by sections 3709.02,
3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14 of the Revised
Code. In such cases the necessary expense incurred shall be paid by the
general health district or city for which the services are rendered.
The department may make evaluative studies of the nutritional status of
Ohio residents, and of the food and nutrition-related programs
operating within the state. Every agency of the state, at the request
of the department, shall provide information and otherwise assist in
the execution of such studies.
Look at Title 63: Public Health
and Safety.
See Chapter
433 —
Disease and Condition Control; Mass Gatherings; Indoor Air.
Pennsylvania Code of Regulations
See "Emergency
Health Powers Act", and Title 44 (Health), chap. 29 (Contagious and
Infectious Diseases).
See Contagious
Disease Control.
Section 34-22-6.
Compelling vaccination as misdemeanor. It is a Class 2 misdemeanor for
any board, physician, or person to compel another by the use of
physical force to submit to the operation of vaccination with smallpox
or other virus.
Section 37-10-401. Responsibility of parents to
have children immunized — Specific vaccines — Immunization registry. —
(a) It is the responsibility of each parent or legal guardian to
ensure that such person's child or children receive the vaccines as are
recommended by guidelines of the Center for Disease Control or the
American Academy of Pediatrics to be administered to a child. The
parent or legal guardian is encouraged to obtain the recommended
immunizations within the first two (2) years of the child's life. Such
vaccines include, without limitation, the following specific vaccines:
(1) Diphtheria-tetanus-pertussis (DTP);
(2) Polio: oral polio vaccine (OPV) or
inactivated polio vaccine (IPV);
(3) Measles-mumps-rubella (MMR);
(4) Haemophilus influenzae type b
conjugate vaccines (Hib);
(5) Hepatitis B vaccine (Hep B);
(6) Pneumoccocal vaccine, when medically
indicated;
(7) Influenza vaccine, when medically
indicated; and
(8) Varicella, when available.
(b) Subject to availability of funding for such purpose, the
department of health is authorized to provide free vaccine, through the
first twenty-four (24) months of life, for Tennessee children born
after January 1, 1996. If an administration fee is charged by a health
provider receiving this vaccine, such fee may not exceed the
administration fee established by the health care financing
administration under the Vaccines for Children Program established in
the Omnibus Budget Reconciliation Act of 1993. No immunization may be
withheld due to a family's inability to pay the fee.
(c) The department shall establish and maintain an immunization
registry for children. By January 1, 1996, the department shall
incrementally require all local public health departments to report, in
a designated format, the record of each immunization given. Other
health care providers or any third party payor or health insurance
entity regulated by the department of commerce and insurance doing
business in Tennessee, or any entity that has elected, organized and
qualified as a self-insured entity may likewise report such records.
Information from the registry shall be available to parents and legal
guardians; health care providers; any third party payor or health
insurance entity regulated by the department of commerce and insurance
doing business in Tennessee; any entity that has elected, organized and
qualified as a self-insured entity; and schools, child care facilities,
and other institutions having care or custody of children.
(d) The commissioner of health shall report to the members of the
health and human resources committee of the house of representatives,
the senate general welfare committee, the select joint committee on
children and youth, and the TennCare oversight committee, by March 1 of
each year, on the immunization rates in each county and improvements or
changes made during the preceding year.
Section 37-10-402. Conflict with religious tenets
and practices of parent. —
In the absence of an epidemic or immediate threat thereof, this section
does not apply to any child whose parent or guardian files with proper
authorities a signed, written statement that such immunization and
other preventative measures conflict with the religious tenets and
practices of the parent or guardian affirmed under penalties of perjury.
Section 37-10-403. Immunity from criminal and
civil liability. —
No parent or legal guardian shall be criminally prosecuted nor civilly
liable for failure to comply with the provisions of this part.
Section 49-6-5001. General provisions. —
(a) The commissioner of health is authorized, subject to the
approval of the public health council, to designate diseases against
which children must be immunized prior to attendance at any school,
nursery school, kindergarten, preschool or child care facility of
Tennessee.
(b) (1) It is the responsibility of the parents or guardian
of children to have their children immunized, as required by subsection
(a).
(2) In the absence of an epidemic or
immediate threat thereof, this section shall not apply to any child
whose parent or guardian shall file with school authorities a signed,
written statement that such immunization and other preventive measures
conflict with the parent's or guardian's religious tenets and
practices, affirmed under the penalties of perjury.
(c) (1) No children shall be permitted to attend any public
school, nursery school, kindergarten, preschool or child care facility
until proof of immunization is given the admissions officer of the
school, nursery school, kindergarten, preschool or child care facility
except as provided in subsection (b).
(2) No child shall be denied admission
to any school or school facility if such child has not been immunized
due to medical reasons if such child has a written statement from the
child's doctor excusing the child from such immunization.
(3) No child or youth determined to be
homeless shall be denied admission to any school or school facility, if
the child or youth has not yet been immunized or is unable to produce
immunization records due to being homeless. The enrolling school shall
comply with any and all federal laws pertaining to the educational
rights of homeless children and youth, including the McKinney-Vento
Homeless Assistance Act, 42 U.S.C. § 1141 et seq.
(d) Each child attending any school, nursery school,
kindergarten, preschool or child care facility without furnishing proof
of immunization or exception under subsection (b) and/or (e), shall not
be counted in the average daily attendance of students for the
distribution of state school funds.
(e) Any immunization specified hereunder shall not be required if
a qualified physician shall certify that administration of such
immunization would be in any manner harmful to the child involved.
(f) The commissioner shall promulgate rules and regulations
necessary to carry out this section.
(g) By October 1 of each year, the commissioner shall report the
number of children in the state during the preceding school year who
were determined to be homeless and who enrolled in public schools
without being immunized or being able to produce immunization records
and the average length of time required for these children to be
immunized or to obtain their immunization records. The report shall be
submitted to the education committees of the senate and of the house of
representatives.
Section 49-6-5002. Certificate of immunization. —
(a) Proof of immunization shall be established by a certificate
of immunization listing all immunizations which a child has received.
Such certificates shall be signed by a physician or a health care
provider administering immunizations. Beginning with the 1986 school
year, all certificates of immunization shall be on forms furnished by
the department of health.
(b) The certificate of immunizations required of any child who
has not received all immunizations required by the commissioner of
health, under the provisions of § 49-6-5001(a), shall be forwarded
to the commissioner. The commissioner shall be responsible for
monitoring the health records and notifying the student's legal
guardian(s) and the local school system in the case of noncompliance
with immunization requirements.
Section 50-3-106. Employees' rights and duties. —
Rights and duties of employees include, but are not limited to, the
following:
(1) Each employee shall comply with occupational safety and
health standards and all rules, regulations and orders issued pursuant
to this chapter that are applicable to the employee's own actions and
conduct;
(2) Each employee shall be notified by the employee's employer of
any application for a temporary order granting the employer a variance
from this chapter or standard or regulation promulgated pursuant to
this chapter;
(3) Each employee shall be given the opportunity to participate
in any hearing that concerns an application by the employee's employer
for a variance from a standard promulgated under this chapter;
(4) Any employee who may be adversely affected by a standard or
variance issued pursuant to this chapter may file a petition with the
commissioner;
(5) Any employee who has been exposed or is being exposed to
toxic materials or harmful physical agents in concentrations or at
levels in excess of that provided for by any applicable standard shall
be provided by the employee's employer with the opportunities provided
in § 50-3-203;
(6) Subject to regulations issued pursuant to this chapter, any
employee or authorized representative of employees shall be given the
right to request an inspection and to consult with the commissioner at
the time of the physical inspection of any workplace, as provided in
part 3 of this chapter;
(7) No employee shall be discharged or discriminated against
because the employee has filed a complaint, instituted, or caused to be
instituted a proceeding or inspection under or related to this chapter,
or testified, or is about to testify, in a proceeding or because of the
exercise by the employee on behalf of the employee or others of any
right afforded by this chapter;
(8) Any employee who believes that the employee has been
discriminated against or discharged in violation of subdivision (7)
may, within thirty (30) days after the violation occurs, file a
complaint with the commissioner alleging the discrimination. The
commissioner shall act promptly on the complaint to determine whether
to seek imposition of the sanction provided in § 50-3-409;
(9) Any employee or representative of employees who believes that
any period of time fixed in the citation given to the employee's
employer by the commissioner for correction of a violation is
unreasonable has the right to contest the time for correction by filing
a notice with the commissioner within twenty (20) days of the date the
citation was issued;
(10) Nothing in this chapter or this section shall be deemed to
authorize or require medical examination, immunization or treatment for
those who object to the medical examination, immunization or treatment
on religious grounds, except where the medical examination,
immunization or treatment is necessary for the protection of the health
or safety of others; and
(11) Any affected employee shall be notified by the employee's
employer and shall be given the opportunity to participate in
negotiations on alleged violations of occupational safety and health
standards.
Section 68-5-101. Notice to be given of
communicable diseases in a household.
Whenever any case of communicable disease exists, except it shall not
embrace any venereal disease, such as gonorrhea or syphilis, or is even
suspected to exist in any household, it is the duty of the head of the
household, or any other person in the household possessing knowledge of
the facts, immediately to notify the municipal or county health
authorities of the town or county in which the disease or diseases
exist or may be supposed to exist.
Section 68-5-106. Refusal of vaccination —
Physician giving fraudulent certificate — Penalty. —
(a) Every person who refuses to be vaccinated or prevents a
person under such person's care and control from being vaccinated on
application being made by the health officer or board of health or by a
physician employed by the health officer or board of health for that
purpose, unless in the written opinion of another physician it would
not be prudent on account of sickness, commits a Class C misdemeanor.
(b) Any physician fraudulently giving a certificate of sickness
or of vaccination to prevent vaccination commits a Class C misdemeanor.
See Texas Health
& Safety Code.
See Communicable
Disease Prevention and Control Act.
See Chapter
06b — Communicable Diseases - Treatment, Isolation, and Quarantine
Procedures.
See Title
18 — Health, and Chapter
21, “Communicable Diseases”.
See Disease
Prevention and Control.
See Title 70 RCW, “Public health
and safety”.
See Chap.
16. — Public Health.
Wis. Stat. § 252.041.
END.