Bill Text: FL S0950 | 2015 | Regular Session | Comm Sub
Bill Title: Public Health Emergencies
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/HB 697 (Ch. 2015-120) [S0950 Detail]
Download: Florida-2015-S0950-Comm_Sub.html
Florida Senate - 2015 CS for SB 950 By the Committee on Health Policy; and Senator Hukill 588-02132-15 2015950c1 1 A bill to be entitled 2 An act relating to public health emergencies; amending 3 s. 381.0012, F.S.; requiring certain state and local 4 officers to assist in enforcing rules and orders 5 issued by the Department of Health under ch. 381, 6 F.S.; amending s. 381.00315, F.S.; authorizing the 7 State Health Officer to issue orders to isolate 8 individuals; defining terms; clarifying the 9 responsibilities of the department for isolation and 10 quarantine; specifying that any order the department 11 issues is immediately enforceable by a law enforcement 12 officer; requiring the department to adopt rules for 13 the imposing and lifting of isolation orders; 14 providing a penalty for violating an isolation order; 15 providing a legislative finding of important state 16 interest; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (5) of section 381.0012, Florida 21 Statutes, is amended to read: 22 381.0012 Enforcement authority.— 23 (5) It shall be the duty of every state and county 24 attorney, sheriff, police officer, and other appropriate city 25 and county officials upon request to assist the department or 26 any of its agents in enforcing the state health laws, rules, and 27 ordersthe rulesadopted under this chapter. 28 Section 2. Section 381.00315, Florida Statutes, is amended 29 to read: 30 381.00315 Public health advisories; public health 31 emergencies; isolation and quarantines.—The State Health Officer 32 is responsible for declaring public health emergencies, issuing 33 public health advisories, and ordering isolation orand34 quarantinesand issuing public health advisories. 35 (1) As used in this section, the term: 36 (a) “Isolation” means the separation of an individual who 37 is reasonably believed to be infected with a communicable 38 disease from those who are not infected with the disease to 39 prevent the spread of the disease. 40 (b)(a)“Public health advisory” means any warning or report 41 giving information to the public about a potential public health 42 threat. Prior to issuing any public health advisory, the State 43 Health Officer must consult with any state or local agency 44 regarding areas of responsibility which may be affected by such 45 advisory. Upon determining that issuing a public health advisory 46 is necessary to protect the public health and safety, and prior 47 to issuing the advisory, the State Health Officer must notify 48 each county health department within the area which is affected 49 by the advisory of the State Health Officer’s intent to issue 50 the advisory. The State Health Officer is authorized to take any 51 action appropriate to enforce any public health advisory. 52 (c)(b)“Public health emergency” means any occurrence, or 53 threat thereof, whether natural or manmademan made, which 54 results or may result in substantial injury or harm to the 55 public health from infectious disease, chemical agents, nuclear 56 agents, biological toxins, or situations involving mass 57 casualties or natural disasters. Prior to declaring a public 58 health emergency, the State Health Officer shall, to the extent 59 possible, consult with the Governor and shall notify the Chief 60 of Domestic Security. The declaration of a public health 61 emergency shall continue until the State Health Officer finds 62 that the threat or danger has been dealt with to the extent that 63 the emergency conditions no longer exist and he or she 64 terminates the declaration. However, a declaration of a public 65 health emergency may not continue for longer than 60 days unless 66 the Governor concurs in the renewal of the declaration. The 67 State Health Officer, upon declaration of a public health 68 emergency, may take actions that are necessary to protect the 69 public health. Such actions include, but are not limited to: 70 1. Directing manufacturers of prescription drugs or over 71 the-counter drugs who are permitted under chapter 499 and 72 wholesalers of prescription drugs located in this state who are 73 permitted under chapter 499 to give priority to the shipping of 74 specified drugs to pharmacies and health care providers within 75 geographic areas that have been identified by the State Health 76 Officer. The State Health Officer must identify the drugs to be 77 shipped. Manufacturers and wholesalers located in the state must 78 respond to the State Health Officer’s priority shipping 79 directive before shipping the specified drugs. 80 2. Notwithstanding chapters 465 and 499 and rules adopted 81 thereunder, directing pharmacists employed by the department to 82 compound bulk prescription drugs and provide these bulk 83 prescription drugs to physicians and nurses of county health 84 departments or any qualified person authorized by the State 85 Health Officer for administration to persons as part of a 86 prophylactic or treatment regimen. 87 3. Notwithstanding s. 456.036, temporarily reactivating the 88 inactive license of the following health care practitioners, 89 when such practitioners are needed to respond to the public 90 health emergency: physicians licensed under chapter 458 or 91 chapter 459; physician assistants licensed under chapter 458 or 92 chapter 459; licensed practical nurses, registered nurses, and 93 advanced registered nurse practitioners licensed under part I of 94 chapter 464; respiratory therapists licensed under part V of 95 chapter 468; and emergency medical technicians and paramedics 96 certified under part III of chapter 401. Only those health care 97 practitioners specified in this paragraph who possess an 98 unencumbered inactive license and who request that such license 99 be reactivated are eligible for reactivation. An inactive 100 license that is reactivated under this paragraph shall return to 101 inactive status when the public health emergency ends or prior 102 to the end of the public health emergency if the State Health 103 Officer determines that the health care practitioner is no 104 longer needed to provide services during the public health 105 emergency. Such licenses may only be reactivated for a period 106 not to exceed 90 days without meeting the requirements of s. 107 456.036 or chapter 401, as applicable. 108 4. Ordering an individual to be examined, tested, 109 vaccinated, treated, isolated, or quarantined for communicable 110 diseases that have significant morbidity or mortality and 111 present a severe danger to public health. Individuals who are 112 unable or unwilling to be examined, tested, vaccinated, or 113 treated for reasons of health, religion, or conscience may be 114 subjected to isolation or quarantine. 115 a. Examination, testing, vaccination, or treatment may be 116 performed by any qualified person authorized by the State Health 117 Officer. 118 b. If the individual poses a danger to the public health, 119 the State Health Officer may subject the individual to isolation 120 or quarantine. If there is no practical method to isolate or 121 quarantine the individual, the State Health Officer may use any 122 means necessary to vaccinate or treat the individual. 123 124 Any order of the State Health Officer given to effectuate this 125 paragraph shall be immediately enforceable by a law enforcement 126 officer under s. 381.0012. 127 (d) “Quarantine” means the separation of an asymptomatic 128 individual or a premises reasonably believed to have been 129 exposed to a communicable disease from individuals who have not 130 been exposed to the disease to prevent its possible spread. 131 (2) Individuals who assist the State Health Officer at his 132 or her request on a volunteer basis during a public health 133 emergency are entitled to the benefits specified in s. 134 110.504(2), (3), (4), and (5). 135 (3) To facilitate effective emergency management, when the 136 United States Department of Health and Human Services contracts 137 for the manufacture and delivery of licensable products in 138 response to a public health emergency and the terms of those 139 contracts are made available to the states, the department shall 140 accept funds provided by counties, municipalities, and other 141 entities designated in the state emergency management plan 142 required under s. 252.35(2)(a) for the purpose of participation 143 in those contracts. The department shall deposit those funds in 144 the Grants and Donations Trust Fund and expend those funds on 145 behalf of the donor county, municipality, or other entity for 146 the purchase of the licensable products made available under the 147 contract. 148 (4) The department has the duty and the authority to 149 declare, enforce, modify, and abolish the isolation or 150 quarantinequarantinesof persons, animals, and premises as the 151 circumstances indicate for controlling communicable diseases or 152 providing protection from unsafe conditions that pose a threat 153 to public health, except as provided in ss. 384.28 and 392.545 154 392.60. Any order the department issues pursuant to this 155 subsection is immediately enforceable by a law enforcement 156 officer under s. 381.0012. 157 (5) The department shall adopt rules to specify the 158 conditions and procedures for imposing and lifting an order for 159 isolation orand releasing aquarantine. The rules must include 160 provisions related to: 161 (a) The closure of premises. 162 (b) The movement of persons or animals exposed to or 163 infected with a communicable disease. 164 (c) The tests or treatment, including vaccination, for 165 communicable disease required prior to employment or admission 166 to the premises or to comply with an isolation oraquarantine 167 order. 168 (d) Testing or destruction of animals with or suspected of 169 having a disease transmissible to humans. 170 (e) Access by the department to persons in isolation or 171 quarantine or to premises housing persons in isolation or in 172 quarantinequarantined premises. 173 (f) The disinfection of isolated or quarantined animals, 174 persons, or premises. 175 (g) Methods of isolation or quarantine. 176 (6) The rules adopted under this section and actions taken 177 by the department pursuant to a declared public health 178 emergency, isolation, or quarantine shall supersede all rules 179 enacted by other state departments, boards or commissions, and 180 ordinances and regulations enacted by political subdivisions of 181 the state. Any person who violates any rule adopted under this 182 section, any order of isolation or quarantine, or any 183 requirement adopted by the department pursuant to a declared 184 public health emergency, commits a misdemeanor of the second 185 degree, punishable as provided in s. 775.082 or s. 775.083. 186 Section 3. The Legislature finds that this act fulfills an 187 important state interest by providing measures for the control 188 of communicable diseases and the protection of public health. 189 Section 4. This act shall take effect July 1, 2015.