Senate Bill sb1264c1

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    Florida Senate - 2002                           CS for SB 1264

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Brown-Waite




    317-1824A-02

  1                      A bill to be entitled

  2         An act relating to public health; amending s.

  3         381.0011, F.S.; revising the rulemaking

  4         authority of the Department of Health with

  5         respect to its power to impose quarantine,

  6         including requiring vaccination; amending s.

  7         381.00315, F.S.; defining the terms "public

  8         health advisory" and "public health emergency";

  9         specifying the terms under which a public

10         health emergency is declared; providing for

11         consultation for, notice, and duration of a

12         declaration of a public health emergency;

13         authorizing the State Health Officer to take

14         specified actions upon the declaration of a

15         public health emergency relating to shipping of

16         specified drugs, directing the compounding of

17         bulk prescription drugs, and specifying the use

18         of such drugs; authorizing the State Health

19         Officer to reactivate the inactive licenses of

20         certain practitioners who request such

21         reactivation; authorizing the State Health

22         Officer to order that an individual be

23         examined, tested, vaccinated, treated, or

24         quarantined for certain communicable diseases

25         under specified circumstances; specifying

26         benefits to be made available to volunteers

27         acting under a public health emergency;

28         providing an effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2002                           CS for SB 1264
    317-1824A-02




  1         Section 1.  Subsection (6) of section 381.0011, Florida

  2  Statutes, is amended to read:

  3         381.0011  Duties and powers of the Department of

  4  Health.--It is the duty of the Department of Health to:

  5         (6)  Declare, enforce, modify, and abolish quarantine

  6  of persons, animals, and premises as the circumstances

  7  indicate for controlling communicable diseases or providing

  8  protection from unsafe conditions that pose a threat to public

  9  health, except as provided in ss. 384.28 and 392.545-392.60.

10         (a)  The department shall adopt rules to specify the

11  conditions and procedures for imposing and releasing a

12  quarantine. The rules must include provisions related to:

13         1.  The closure of premises.

14         2.  The movement of persons or animals exposed to or

15  infected with a communicable disease.

16         3.  The tests or prophylactic treatment, including

17  vaccination, for communicable disease required prior to

18  employment or admission to the premises or to comply with a

19  quarantine.

20         4.  Testing or destruction of animals with or suspected

21  of having a disease transmissible to humans.

22         5.  Access by the department to quarantined premises.

23         6.  The disinfection of quarantined animals, persons,

24  or premises.

25         7.  Methods of quarantine.

26         (b)  Any health regulation that restricts travel or

27  trade within the state may not be adopted or enforced in this

28  state except by authority of the department.

29         Section 2.  Section 381.00315, Florida Statutes, is

30  amended to read:

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    Florida Senate - 2002                           CS for SB 1264
    317-1824A-02




  1         381.00315  Public health advisories; public health

  2  emergencies.--The State Health Officer is responsible for

  3  declaring public health emergencies and issuing public health

  4  advisories.

  5         (1)  As used in this section, the term:

  6         (a)  "Public health advisory" means any warning or

  7  report giving information to the public about a potential

  8  public health threat. Prior to issuing any public health

  9  advisory, the State Health Officer must consult with any state

10  or local agency regarding areas of responsibility which may be

11  affected by such advisory. Upon determining that issuing a

12  public health advisory is necessary to protect the public

13  health and safety, and prior to issuing the advisory, the

14  State Health Officer must notify each county health department

15  within the area which is affected by the advisory of the State

16  Health Officer's intent to issue the advisory. The State

17  Health Officer is authorized to take any action appropriate to

18  enforce any public health advisory.

19         (b)  "Public health emergency" means any occurrence, or

20  threat thereof, whether natural or man made, which results or

21  may result in substantial injury or harm to the public health

22  from infectious disease, chemical agents, nuclear agents,

23  biological toxins, or situations involving mass casualties or

24  natural disasters. Prior to declaring a public health

25  emergency, the State Health Officer shall, to the extent

26  possible, consult with the Governor and shall notify the Chief

27  of Domestic Security Initiatives as created in s. 943.03. The

28  declaration of a public health emergency shall continue until

29  the State Health Officer finds that the threat or danger has

30  been dealt with to the extent that the emergency conditions no

31  longer exist and he or she terminates the declaration.

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    Florida Senate - 2002                           CS for SB 1264
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  1  However, a declaration of a public health emergency may not

  2  continue for longer than 60 days unless the Governor concurs

  3  in the renewal of the declaration. The State Health Officer,

  4  upon declaration of a public health emergency, may take

  5  actions that are necessary to protect the public health. Such

  6  actions include, but are not limited to:

  7         1.  Directing manufacturers of prescription drugs or

  8  over-the-counter drugs who are permitted under chapter 499 and

  9  wholesalers of prescription drugs located in this state who

10  are permitted under chapter 499 to give priority to the

11  shipping of specified drugs to pharmacies and health care

12  providers within geographic areas that have been identified by

13  the State Health Officer. The State Health Officer must

14  identify the drugs to be shipped. Manufacturers and

15  wholesalers located in the state must respond to the State

16  Health Officer's priority shipping directive before shipping

17  the specified drugs.

18         2.  Notwithstanding chapters 465 and 499 and rules

19  adopted thereunder, directing pharmacists employed by the

20  department to compound bulk prescription drugs and provide

21  these bulk prescription drugs to physicians and nurses of

22  county health departments or any qualified person authorized

23  by the State Health Officer for administration to persons as

24  part of a prophylactic or treatment regimen.

25         3.  Notwithstanding s. 456.036, temporarily

26  reactivating the inactive license of the following health care

27  practitioners, when such practitioners are needed to respond

28  to the public health emergency: physicians licensed under

29  chapter 458 or chapter 459; physician assistants licensed

30  under chapter 458 or chapter 459; licensed practical nurses,

31  registered nurses, and advanced registered nurse practitioners

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    Florida Senate - 2002                           CS for SB 1264
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  1  licensed under part I of chapter 464; respiratory therapists

  2  licensed under part V of chapter 468; and emergency medical

  3  technicians and paramedics certified under part III of chapter

  4  401. Only those health care practitioners specified in this

  5  paragraph who possess an unencumbered inactive license and who

  6  request that such license be reactivated are eligible for

  7  reactivation. An inactive license that is reactivated under

  8  this paragraph shall return to inactive status when the public

  9  health emergency ends or prior to the end of the public health

10  emergency if the State Health Officer determines that the

11  health care practitioner is no longer needed to provide

12  services during the public health emergency. Such licenses may

13  only be reactivated for a period not to exceed 90 days without

14  meeting the requirements of s. 456.036 or chapter 401, as

15  applicable.

16         4.  Ordering an individual to be examined, tested,

17  vaccinated, treated, or quarantined for communicable diseases

18  that have significant morbidity or mortality and present a

19  severe danger to public health.

20         a.  Examination, testing, vaccination, or treatment may

21  be performed by any qualified person authorized by the State

22  Health Officer.

23         b.  If the individual poses a danger to the public

24  health, the State Health Officer may subject the individual to

25  quarantine. If there is no practical method to quarantine the

26  individual, the State Health Officer may use any means

27  necessary to vaccinate or treat the individual.

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29  Any order of the State Health Officer given to effectuate this

30  paragraph shall be immediately enforceable by a law

31  enforcement officer under s. 381.0012.

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    Florida Senate - 2002                           CS for SB 1264
    317-1824A-02




  1         (2)  Individuals who assist the State Health Officer at

  2  his or her request on a volunteer basis during a public health

  3  emergency are entitled to the benefits specified in s. 110.504

  4  (2), (3), (4), and (5).

  5         Section 3.  This act shall take effect upon becoming a

  6  law.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                         Senate Bill 1264

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11  The Committee Substitute for Senate Bill 1264 revises the
    rulemaking authority of the Department of Health for its power
12  to impose a quarantine to include required vaccination and to
    establish additional authority for the Department of Health to
13  impose methods of quarantine. "Public health advisory" and
    "public health emergency" are defined. The State Health
14  Officer is required to consult with the Governor and to notify
    the Chief of Domestic Security Initiatives before declaring a
15  public health emergency. A declaration of a public health
    emergency may only continue for 60 days unless the Governor
16  concurs in the renewal of the declaration. The State Health
    Officer may take specified actions to protect the public
17  health during a declared public health emergency.

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