Bill Text: AZ SB1430 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed


Bill Title: Highly fatal; definition

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2021-06-30 - Assigned to House RULES Committee [SB1430 Detail]

Download: Arizona-2021-SB1430-Engrossed.html

 

 

 

Senate Engrossed

 

highly fatal; definition

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

SENATE BILL 1430

 

 

 

AN ACT

 

Amending section 36-787, Arizona Revised Statutes; relating to public health emergencies.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-787, Arizona Revised Statutes, is amended to read:

START_STATUTE36-787. Public health authority during state of emergency or state of war emergency; definition

A. During a state of emergency or state of war emergency declared proclaimed by the governor in which there is an occurrence or imminent threat of an illness or health condition that is 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 to grant a temporary waiver of the professional licensure requirements necessary for the implementation of to implement 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 to implement 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 Encourage, when appropriate, 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 of this section, 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 Encourage, when appropriate, treatment or vaccination of persons who are diagnosed with an 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 in their homes while infected and contagious with a virus or other infectious agent for no longer than thirty days.

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 any other infection caused by the human immunodeficiency virus.

F. On finding that a highly contagious and highly fatal disease with transmission characteristics similar to smallpox exists in this state, the measures allowed by this section for addressing such a disease apply only to counties where at least three and one-half percent of the population of that county is confirmed to have been infected with the virus and the death rate from the virus in that county is greater than three and one-half percent when dividing the number of individuals confirmed to have died from the virus in that county by the total number of individuals in that county estimated to have been infected with the virus.

F. G. If during a state of emergency or state of war emergency the public health is not endangered, nothing in this title shall does not 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 DOES NOT authorize the department or any of its officers or representatives to impose on any person contrary to his the person's religious concepts any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person.

G. H. 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 implementing isolation and quarantine under this article to the extent these services are not otherwise subject to reimbursement.

I. For the purposes of this section, "highly contagious and highly fatal disease" mean a virus that is confirmed to have infected at least three and one-half percent of this state's population in the preceding six-month period and that has a death rate of at least three and one-half percent when dividing the number of individuals that are confirmed to have died from the virus in this state by the total number of individuals in this state estimated to have been infected with the virus. END_STATUTE

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