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MODEL STATE EMERGENCY HEALTH POWERS ACT
Draft as of October 23, 2001
TABLE OF CONTENTS
Section pertaining to vaccination:
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Section 504 Vaccination and treatment. The public health authority may exercise, for such period as the state of public health emergency exists, the following emergency powers over
persons -
(a) In general. To compel a person to be vaccinated and/or treated for an infectious disease.
(1) Vaccination may be performed by any qualified person authorized by the public health authority.
(2) The vaccine shall not be given if the public health authority has reason to know that a particular individual is likely to suffer from serious harm from the vaccination.
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(3) Treatment may be performed by any qualified person authorized by the public health authority.
(4) Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.
(b) Refusal. Individuals refusing to be vaccinated or treated shall be liable for a misdemeanor. If, by reason of refusal of vaccination or treatment, the person poses a danger to the public health, he or she may be subject to isolation or quarantine pursuant to the provisions of this Article.
(c) Enforcement. An order of the public health authority given to effectuate the purposes of this Section shall be immediately enforceable by any peace officer.
COMMENTS
Section 504 was adapted from Cal. Health & SAFETY Codes 120175, 120575, 120605 (West 1996); Cal. Health & SAFETY Codes 120580 (West 1996 & Supp. 2001).
MODEL STATE EMERGENCY HEALTH POWERS ACT
Draft as of October 23, 2001 2
TABLE OF CONTENTS
PREAMBLE
ARTICLE I TITLE, FINDINGS, PURPOSES, AND DEFINITIONS
Section 101 Short title
Section 102 Legislative findings
Section 103 Purposes
Section 104 Definitions
ARTICLE II MEASURES TO DETECT AND TRACK POTENTIAL AND EXISTING PUBLIC
HEALTH EMERGENCIES
Section 201 Reporting
(a) Illness or health condition
(b) Pharmacists
(c) Manner of reporting
(d) Animal diseases
(e) Laboratories
(f) Enforcement
Section 202 Tracking
(a) Identification of individuals
(b) Interviewing of individuals
(c) Examination of facilities or materials (d) Enforcement
Section 203 Information sharing
ARTICLE III DECLARING STATE OF PUBLIC HEALTH EMERGENCY
Section 301 Standards for declaration
Section 302 Procedures for declaration
Section 303 Effect of declaration
(a) Emergency powers
(b) Coordination
(c) Identification
Section 304 Enforcement
Section 305 Termination of declaration
(a) Executive order
(b) Automatic termination
(c) State legislature
(d) Content of termination order
ARTICLE IV SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY:
CONTROL OF PROPERTY
Section 401 Emergency measures concerning dangerous facilities and
materials (a) Facilities
(b) Materials
Section 402 Access to and control of facilities and property -
generally
(a) Use of facilities and materials
(b) Use of health care facilities
(c) Control of materials
(d) Control of roads and public areas
Section 403 Safe disposal of infectious waste
(a) Adopt measures
(b) Control of facilities
(c) Use of facilities
(d) Identification
Section 404 Safe disposal of corpses
(a) Adopt measures
(b) Possession
(c) Disposal
(d) Control of facilities
(e) Use of facilities
(f) Labeling
(g) Identification
Section 405 Control of health care supplies
(a) Procurement
(b) Rationing
(c) Distribution
Section 406 Compensation
Section 407 Destruction of property
ARTICLE V SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY:
CONTROL OF PERSONS
Section 501 Control of individuals
Section 502 Mandatory medical examinations
(a) Individual examination or testing
(b) Health care provider assistance
(c) Enforcement
Section 503 Isolation and quarantine
(a) State policy and powers
(b) Individual cooperation
(c) Unauthorized entry
(d) Termination
(e) Due process
Section 504 Vaccination and treatment
(a) In general
(b) Refusal
(c) Enforcement
Section 505 Collection of laboratory specimens; performance of
tests
(a) Marking
(b) Contamination
(c) Chain of custody
(d) Criminal investigation
Section 506 Access and disclosure of patient records
(a) Access to patient records
(b) Disclosure of patient records
Section 507 Licensing and appointment of health personnel
(a) Health care providers from other jurisdictions
(b) Personnel to perform duties of medical examiner or coroner
ARTICLE VI PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCY
Section 601 Dissemination of information
(a) Means of dissemination
(b) Languages
(c) Accessibility
Section 602 Provision of access to mental health support personnel
ARTICLE VII PLANNING FOR PUBLIC HEALTH EMERGENCY
Section 701 Public Health Emergency Planning Commission
Section 702 Public Health Emergency Plan
(a) Content
(b) Review
ARTICLE VIII MISCELLANEOUS
Section 801 Titles
Section 802 Rules and regulations
Section 803 Financing and expenses
(a) Transfer of funds
(b) Repayment
(c) Conditions
(d) Expenses
Section 804 Liability
(a) State immunity
(b) Private liability
Section 805 Compensation
(a) Taking
(b) Actions
(c) Amount
Section 806 Severability
Section 807 Repeals
Section 808 Saving clause
Section 809 Conflicting laws
(a) Federal supremacy
(b) Prior conflicting acts
Section 810 Reports
Section 811 Effective date
Full text the Model State Emergency Health Powers Act
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