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BILL NUMBER: AB 1763   INTRODUCED

        BILL TEXT

INTRODUCED BY   Assembly Member Richman

                        JANUARY 8, 2002

   An act to add Division 111 (commencing with Section 130350) to the

Health and Safety Code, relating to public health, and making an

appropriation therefor.

        LEGISLATIVE COUNSEL'S DIGEST

   AB 1763, as introduced, Richman.  Emergency Health Powers Act.

   Existing law makes various provisions for the prevention of

disease and the promotion of health, and imposes various requirements

on the State Department of Health Services in this regard.

   This bill would enact the Emergency Health Powers Act.  The bill

would require the Governor to appoint a Public Health Emergency

Planning Commission with a specified membership that would be

required to submit to the Governor a designated public health

emergency plan.

   The bill would designate the State Department of Health Services,

a local governmental agency that has principal responsibility to

protect the public's health, and any person designated by the

department or local governmental agency, as public health authorities

for purposes of the act, and would require a public health authority

to ascertain the existence of cases of any illness or health

condition that may be the cause of a public health emergency, as

defined by the bill.

   This bill would require health care providers, coroners, medical

examiners, pharmacists, and veterinarians and other persons who care

for animals to report certain information to the state and local

public health authorities. The bill would require a public health

authority and any public safety authority, as defined by, to share

certain necessary information.

   By imposing new duties on local public health authorities,

coroners, medical examiners, and local law enforcement agencies, the

bill would impose a state-mandated local program.

   Existing law authorizes the Governor to declare a state of

emergency upon conditions of disaster or of extreme peril to the

safety of persons and property due to air pollution, fire, flood,

storm, epidemic, riot, drought, sudden and severe energy shortage,

plant or animal infestation or disease, or earthquake or volcanic

prediction warning, with certain exceptions, which conditions by

their magnitude are beyond or likely to be beyond the control of the

services, personnel, equipment, and facilities of any single county,

city, or city and county.

   Existing law grants to the Governor certain emergency powers

during a state of emergency, including the authority to commandeer or

utilize private property or personnel, for which the state is

required to pay the reasonable value.  Under existing law, a state of

emergency may be terminated by proclamation of the Governor or by

concurrent resolution of the Legislature.

   This bill would authorize the Governor to declare a state of

public health emergency if the Governor finds an occurrence or

imminent threat of an illness or health condition that may be the

cause of a public health emergency.

   The bill would grant to the Governor certain powers during a state

of public health emergency.  The bill would prescribe the conditions

for the termination of a state of public health emergency.  The bill

would provide that the declaration of a state of public health

emergency shall activate the disaster response and recovery aspects

of state, local, and interjurisdictional disaster emergency plans in

affected areas.

   The bill would make the department responsible for coordinating

all matters pertaining to the public health emergency response of the

state during a state of public health emergency.  The bill would

require the department to disseminate specific information to the

public regarding a declared state of public health emergency.

   The bill would authorize any public health authority, during a

state of public health emergency, to close, compel the evacuation of,

and decontaminate facilities, decontaminate or destroy materials,

use and control facilities, materials, roads, and public areas,

regulate the disposal of infectious waste and human remains, and

purchase and regulate the distribution of certain pharmaceutical

agents or medical supplies.

   The bill would require, as a condition of licensure or the

authority to operate or continue to do business in the state, health

care facilities, businesses and facilities dealing with infectious

waste and human remains, and in-state health care providers, to

provide or perform services or the use of facilities to respond to a

public health emergency.

   The bill would authorize any public health authority, during a

state of public health emergency, to perform medical examinations and

testing, and to vaccinate and treat individuals for infectious

disease.  The bill would also authorize, during a state of public

health emergency, a public health authority to isolate or quarantine

an individual or group of individuals and would prescribe

requirements applicable to isolation and quarantine proceedings,

including the appointment of counsel at the state's expense to

represent certain individuals subject to isolation or quarantine

proceedings. The bill would make it a misdemeanor for a person to

fail to comply with the bill's provisions and the rules, regulations,

and orders of an authority concerning isolation and quarantine.

Because the bill would create new crimes, it would impose a

state-mandated local program.

   The bill would authorize the department, during a state of public

health emergency, to collect specimens and perform tests on any

deceased person or living or deceased animal, and acquire previously

collected specimens and test results.  The bill would authorize the

department, during a state of public health emergency, to appoint

health personnel and to authorize medical examiners and coroners to

appoint assistants.

   This bill would authorize the Governor to transfer, from any

available fund, sums as necessary to meet a state of public health

emergency, thereby making an appropriation.  The bill would impose

restrictions on the expenses incurred by the state during a state of

public health emergency.  The bill would provide various immunities

from civil liability during a state of public health emergency.

  The California Constitution requires the state to reimburse local

agencies and school districts for certain costs mandated by the

state. Statutory provisions establish procedures for making that

reimbursement, including the creation of a State Mandates Claims Fund

to pay the costs of mandates that do not exceed $1,000,000 statewide

and other procedures for claims whose statewide costs exceed

$1,000,000.

   This bill would provide that with regard to certain mandates no

reimbursement is required by this act for a specified reason.

   With regard to any other mandates, this bill would provide that,

if the Commission on State Mandates determines that the bill contains

costs so mandated by the state, reimbursement for those costs shall

be made pursuant to the statutory provisions noted above.

   Vote:  2/3.  Appropriation:  yes.  Fiscal committee:  yes.

State-mandated local program:  yes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act may be cited as the "Emergency Health Powers

Act."

  SEC. 2.  (a) The Legislature finds and declares all of the

following:

   (1) The government must do more to protect the health, safety, and

general well being of our citizens.

   (2) New and emerging dangers, including emergent and resurgent

infectious diseases and incidents of civilian mass casualties, pose

serious and immediate threats.

   (3) A renewed focus on the prevention, detection, management, and

containment of public health emergencies is needed.

   (4) Emergency health threats, including those caused by

bioterrorism, may require the exercise of extraordinary government

powers and functions.

   (5) The state must have the ability to respond rapidly and

effectively to potential or actual public health emergencies.

   (6) The exercise of any emergency health powers must promote the

common good.

   (7) Emergency health powers must be grounded in a thorough

scientific understanding of public health threats and disease

transmission.

   (8) Guided by principles of justice and antidiscrimination, it is

the duty of the state to act with fairness and tolerance towards

individuals and groups.

   (9) The rights of people to liberty, bodily integrity, and privacy

must be respected to the fullest extent possible, consistent with

maintaining and preserving the public's health and security.

   (10) This act is necessary to protect the health and safety of the

citizens of the state.

   (b) The Legislature declares that the purposes of enacting this

act are as follows:

   (1) To require the development of a comprehensive plan to provide

for a coordinated, appropriate response in the event of a public

health emergency.

   (2) To authorize the reporting and collection of data and records,

the management of property, the protection of persons, and access to

communications.

   (3) To facilitate the early detection of a health emergency and

allow for immediate investigation of the emergency by granting access

to individuals' health information under specified circumstances.

   (4) To grant state and local officials the authority to use and

appropriate property as necessary for the care, treatment,

vaccination, and housing of patients and to destroy contaminated

facilities or materials.

   (5) 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.

   (6) To ensure that the needs of infected or exposed persons are

properly addressed to the fullest extent possible, given the primary

goal of controlling serious health threats.

   (7) To provide state and local officials with the ability to

prevent, detect, manage, and contain emergency health threats without

unduly interfering with civil rights and liberties.

  SEC. 3.  Division 111 (commencing with Section 130350) is added to

the Health and Safety Code, to read:

      DIVISION 111.  EMERGENCY HEALTH POWERS ACT

      PART 1.  GENERAL PROVISIONS

      CHAPTER 1.  DEFINITIONS

   130350.  "Bioterrorism" means the intentional use of any

microorganism, virus, infectious substance, or biological product

that may be engineered as a result of biotechnology, or any naturally

occurring or bioengineered component of that microorganism, virus,

infectious substance, or biological product, to cause death, disease,

or other biological malfunction in a human, an animal, a plant, or

another living organism in order to influence the conduct of

government or to intimidate or coerce a civilian population.

   130352.  (a) "Chain of custody" means the methodology of tracking

specimens for the purpose of maintaining control and accountability

from initial collection to final disposition of the specimens and

providing for accountability at each stage of collecting, handling,

testing, storing, and transporting the specimens and reporting test

results.

   (b) "Contagious disease" means an infectious disease that can be

transmitted from person to person.

   130354.  (a) (1) "Health care facility" means any nonfederal

institution, building, or agency, or portion thereof, whether public

or private, or for-profit or nonprofit, that is used, operated, or

designed to provide health services, medical treatment, or nursing,

rehabilitative, or preventive care to any person or persons.  "Health

care facility" does not include an institution, building, or agency

used, operated, or maintained by tribal authorities.

   (2) For purposes of this subdivision, a health care facility

includes, but is not limited to, all of the following:

   (A) A health facility licensed pursuant to Chapter 2 (commencing

with Section 1250) of Division 2, including, but not limited to, a

hospital, skilled nursing facility, or intermediate care facility.

   (B) A clinic licensed pursuant to Chapter 1 (commencing with

Section 1200) of Division 2, including, but not limited to, an

ambulatory surgical facility, kidney treatment center, or

rehabilitation clinic.

   (C) A home health agency licensed pursuant to Chapter 8

(commencing with Section 1725) of, or hospice licensed pursuant to

Chapter 8.5 (commencing with Section 1745) of, Division 2.

   (D) A residential care facility licensed pursuant to Chapter 3.01

(commencing with Section 1568.01) of, or Chapter 3.2 (commencing with

Section 1569) of, Division 2.

   (E) An adult day care center licensed pursuant to Chapter 3.3

(commencing with Section 1570) of Division 2.

   (F) A public health center or mental health center.

   (3) "Health care facility" also includes property related to the

institutions, buildings, and agencies specified in paragraphs (1) and

(2) when used for or in connection with that institution, building,

or agency, and includes, but is not limited to, a laboratory,

research facility, pharmacy, laundry facility, health personnel

training and lodging facility, patient, guest, and health personnel

food service facility, and office and office building for persons

engaged in health care professions or services.

   (b) "Health care provider" means any person or entity that

provides health care services including, but not limited to, a

hospital, medical clinic or office, special care facility, medical

laboratory, physician, pharmacist, dentist, physician assistant,

nurse practitioner, registered nurse, or other nurse, paramedic,

emergency medical or laboratory technician, or ambulance or emergency

medical worker.

   130356.  (a) "Infectious disease" means a disease caused by a

living organism or other pathogen, including a fungus, bacillus,

parasite, protozoan, or virus.  An infectious disease may, or may

not, be transmissible from person to person, animal to person, or

insect to person.

   (b) "Infectious waste" means biological waste, cultures and

stocks, pathological waste, and sharps, defined as follows:

   (1) "Biological waste" means blood and blood products, excretions,

exudates, secretions, suctioning, and other body fluids, and waste

materials saturated with blood or body fluids.

   (2) "Cultures and stocks" means etiologic agents and associated

biologicals, including, but not limited to, specimen cultures, dishes

and devices used to transfer, inoculate, and mix cultures, wastes

from production of biologicals and serums, and discarded live and

attenuated vaccines.

   (3) "Pathological waste" means biopsy materials and all human

tissues, anatomical parts that emanate from surgery, obstetrical

procedures, necropsy or autopsy, and laboratory procedures, and

animal carcasses exposed to pathogens in research, and the bedding

and other waste from those animals.  "Pathological waste" does not

include teeth, or formaldehyde or other preservative agents.

   (4) "Sharps" means needles, intravenous tubing with needles

attached, scalpel blades, lancets, breakable glass tubes, and

syringes that have been removed from their original sterile

containers.

   (c) "Isolation" means the physical separation and confinement of

an individual or group of individuals who are infected or reasonably

believed to be infected with a contagious disease or possibly

contagious disease from nonisolated individuals, to prevent or limit

the transmission of the disease to nonisolated individuals.

   130358.  "Mental health support personnel" means, but is not

limited to, psychiatrists, psychologists, social workers, and

volunteer crisis counseling groups.

   130360.  "Organized militia" means the California National Guard,

the army national guard, the air national guard, or any military

force organized under the laws of the state.

   130362.  (a) "Protected health information" means any information,

whether oral, written, electronic, visual, or any other form, that

relates to an individual's past, present, or future physical or

mental health status, condition, treatment, service, products

purchased, or provision of care, and either reveals the identity of

the individual whose health care is the subject of the information or

with regard to which there is a reasonable basis to believe that it

could be utilized, either alone or with other information that is or

should be reasonably known to be available to predictable recipients

of the information, to reveal the identity of that individual.

   (b) "Public health authority" means the State Department of Health

Services, any local governmental agency that is principally

responsible for protecting and preserving the public's health in a

city, county, or city and county, and any person that is designated

directly by the department or local governmental agency to act on

behalf of the department or governmental agency for purposes of this

act.

   (c) (1) "Public health emergency" means an occurrence or imminent

threat of an illness or health condition that is both of the

following:

   (A) Is believed to be caused by any of the following:

   (i) Bioterrorism.

   (ii) The appearance of a novel or previously controlled or

eradicated infectious agent or biological toxin.

   (iii) A natural disaster.

   (iv) A chemical attack or accidental release.

   (v) A nuclear attack or accident.

   (B) Poses a high probability of any of the following:

   (i) A large number of deaths in the affected population.

   (ii) A large number of serious or long-term disabilities in the

affected population.

   (iii) The widespread exposure to an infectious or toxic agent that

poses a significant risk of substantial future harm to a large

number of people in the affected population.

   (2) "Public health emergency" does not include an occurrence or

imminent threat of human immunodeficiency virus (HIV) that satisfies

the requirements of this subdivision.

   (d) "Public safety authority" means the Department of the

California Highway Patrol and any local governmental agency that acts

principally to protect or preserve the public safety or any person

authorized to act on behalf of the Department of the California

Highway Patrol or the local governmental agency.

   130364.  "Quarantine" means the physical separation and

confinement of an individual or group of individuals who are or may

have been exposed to a contagious or possibly contagious disease from

nonquarantined individuals and who do not show signs or symptoms of

the contagious disease, to prevent or limit the transmission of the

disease to nonquarantined individuals.

   130366.  "Specimens" includes, but is not limited to, blood,

sputum, urine, stool, and other bodily fluids, wastes, tissues, and

cultures necessary to perform required tests.

   130368.  (a) "Test" includes, but is not limited to, any

diagnostic or investigative analysis necessary to prevent the spread

of disease or protect the public's health, safety, and welfare.

   (b) "Trial court" means the trial court for the district in which

isolation or quarantine is to occur, a court designated by the public

health emergency plan under Chapter 2 (commencing with Section

130370), or the trial court for the district in which a public health

emergency has been declared.

      CHAPTER 2.  PUBLIC HEALTH EMERGENCY PLANNING

   130370.  The Governor shall appoint a Public Health Emergency

Planning Commission, which shall consist of the directors, or their

designees, of any department or agency that the Governor deems

relevant to public health emergency preparedness, representatives of

the Legislature appointed by the Speaker of the Assembly and the

Senate Committee on Rules, and any other persons chosen by the

Governor.  The Governor shall designate the chair of the commission.

   130372.  The Public Health Emergency Planning Commission shall,

within six months of its appointment, prepare and deliver to the

Governor the Public Health Emergency Plan for responding to a public

health emergency that includes provisions or guidelines concerning

all of the following:

   (a) Notifying and communicating with the population during a state

of public health emergency in compliance with this act.

   (b) Central coordination of resources, personnel, and services,

including coordination of responses by state, local, tribal, and

federal agencies.

   (c) The location, procurement, storage, transportation,

maintenance, and distribution of essential materials, including, but

not limited to, medical supplies, drugs, vaccines, food, shelter,

clothing, and beds.

   (d) Compliance with the reporting requirements of Chapter 3

(commencing with Section 130380).

   (e) The continued and 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 act.

   (f) The method of evacuating populations and housing and feeding

the evacuated populations.

   (g) The identification and training of health care providers to

diagnose and treat persons with infectious diseases.

   (h) The vaccination of persons in compliance with this act.

   (i) The treatment of persons who have been exposed to or who are

infected with diseases or health conditions that may be the cause of

a public health emergency.

   (j) The safe disposal of infectious waste and human remains in

compliance with this act.

   (k) The safe and effective control of persons isolated,

quarantined, vaccinated, tested, or treated during a state of public

health emergency.

   (l) Tracking the source of outcomes of infected persons.

   (m) Ensuring that each city and county identifies all of the

following:

   (1) Sites where persons can be isolated or quarantined that comply

with the conditions and principles for isolation or quarantine of

this act.

   (2) Sites where medical supplies, food, and other essentials can

be distributed to the population.

   (3) Sites where public health and emergency workers can be housed

and fed.

   (4) Routes and means of transportation of people and materials.

   (n) Cultural norms, values, religious principles, and traditions

that may be relevant.

   (o) Other measures necessary to carry out the purposes of this

act.

   130374.  The commission shall distribute the Public Health

Emergency Plan to, and seek review and comments from, those who will

be responsible for the implementation of the plan, interested

persons, and the public.

   130376.  The commission shall review the Public Health Emergency

Plan annually.

      CHAPTER 3.  REPORTING

   130380.  (a) A health care provider, coroner, or medical examiner

shall report, as required under Section 130384, any case of a person

who harbors any illness or health condition that may be a potential

cause of a public health emergency.  Reportable illnesses and health

conditions include, but are not limited to, the diseases caused by

the etiologic agents listed in Section 72.3 of Title 42 of the Code

of Federal Regulations and any illnesses or health conditions

identified by a public health authority.

   (b) For purposes of this section, "health care provider" includes

any out-of-state medical laboratory that has agreed to the reporting

requirements of this state.  Notwithstanding the requirement under

this section that an out-of-state medical laboratory report the

results of its tests that reveal a reportable illness or health

condition, an in-state medical laboratory that sends specimens to an

out-of-state medical laboratory is also required to report those

results pursuant to this section.

   130382.  A pharmacist shall report, as required under Section

130384, any unusual or increased prescription rates, unusual type of

prescription, or unusual trend in pharmacy visits that may indicate

the existence of a potential cause of a public health emergency.

Prescription-related events that require a report include, but are

not limited to, all of the following:

   (a) An unusual increase in the number of prescriptions or

over-the-counter pharmaceuticals to treat conditions that the public

health authority identifies through regulations.

   (b) An unusual increase in the number of prescriptions for

antibiotics.

   (c) Any prescription that treats a disease that is relatively

uncommon or may be associated with bioterrorism.

   130384.  A report required by Section 130380 or 130382 shall be

made electronically or in writing within 24 hours to the state and

local public health authorities.  The report shall include as much of

the following information as is available:

   (a) The specific illness or health condition that is the subject

of the report.

   (b) The patient's name, date of birth, sex, race, occupation, and

current home and work addresses, including city and county.

   (c) The name and address of the health care provider, coroner, or

medical examiner and, if different, the reporting individual.

   (d) Any other information needed to locate the patient for

followup.

   (e) For any case related to an animal or insect bite, information

regarding the suspected location of the biting animal or insect, and

the name and address of any known owner.

   130386.  Every veterinarian, livestock owner, veterinary

diagnostic laboratory director, or other person who cares for animals

shall report any animal that has or is suspected of having any

disease that may be a potential cause of a public health emergency.

The report shall be made electronically or in writing within 24 hours

to the state and local public health authorities and shall include

as much of the following information as is available:

   (a) The specific illness or health condition that is the subject

of the report.

   (b) The suspected location of the animal or information that could

assist in determining its location.

   (c) The name and address of any known owner.

   (d) The name and address of the reporting individual.

   130388.  Any state or local public health authority, or its

designee, may enforce this chapter.

      CHAPTER 4.  TRACKING

   130390.  Public health authorities shall ascertain the existence

of cases of an illness or health condition that may be a potential

cause of a public health emergency, investigate all the cases for

sources of infection and to ensure that they are subject to proper

control measures, and define the distribution of the illness or

health condition.

   130392.  (a) Acting on information developed in accordance with

Chapter 3 (commencing with Section 130380), or other reliable

information, the state or local public health authority shall

identify all individuals thought to have been exposed to an illness

or health condition that may be a potential cause of a public health

emergency.

   (b) A public health authority shall counsel and interview the

individuals identified pursuant to subdivision (a) as needed to

assist in the positive identification of exposed individuals.  A

public health authority shall develop information relating to the

source and spread of the illness or health condition, including, but

not limited to, the name and address, including city and county, of

any person from whom the illness or health condition may have been

contracted and to whom the illness or health condition may have been

spread.

   130394.  A public health authority, when conducting an

investigation for purposes of this chapter, shall close, evacuate, or

decontaminate any facility or decontaminate or destroy any material

when the authority reasonably suspects that the facility or material

may endanger the public health.

   130396.  (a) Any state or local public health authority, or its

designee, may enforce this chapter.

   (b) An order of a public health authority given to effectuate the

purposes of this chapter shall be enforceable immediately by a public

safety authority.

      CHAPTER 5.  INFORMATION SHARING

   130400.  Whenever a public  safety authority or other state or

local governmental agency learns of a case of a reportable illness or

health condition, an unusual cluster, or a suspicious event that may

be the cause of a public health emergency, it shall immediately

notify the state and local public health authorities.

   130402.  Whenever a public health authority learns of a case of a

reportable illness or health condition, an unusual cluster, or a

suspicious event that it reasonably believes has the potential to be

caused by bioterrorism, it shall immediately notify the appropriate

public safety authority, tribal authorities, and federal health and

public safety authorities.

   130404.  The sharing of information reported pursuant to Chapter 3

(commencing with Section 130380) on reportable illnesses, health

conditions, unusual clusters, or suspicious events between public

health and public safety authorities shall be restricted to

information necessary for the treatment, control, investigation, and

prevention of a public health emergency.

      PART 2.  DECLARING A STATE OF PUBLIC HEALTH EMERGENCY

      CHAPTER 1.  DECLARATION

   130410.  A state of public health emergency may be declared by the

Governor upon the occurrence of a public health emergency, as

defined in subdivision (c) of Section 130362.  Prior to making a

declaration, the Governor shall consult with the state and local

public health authorities and may consult with any public health

expert and other experts as needed.  The Governor may declare a state

of public health emergency without consulting with the public health

authorities or other experts when the situation calls for prompt and

timely action.

   130412.  A state of public health emergency shall be declared by

an executive order that specifies all of the following:

   (a) The nature of the public health emergency.

   (b) The political subdivisions or geographic areas that are

subject to the declaration.

   (c) The conditions that have brought about the public health

emergency.

   (d) The duration of the state of the public health emergency, if

less than 30 days.

   (e) The primary public health authority responding to the

emergency.

   130414.  (a) The declaration of a state of public health emergency

by the Governor pursuant to this part shall activate the disaster

response and recovery aspects of the state, local, and

interjurisdictional disaster emergency plans in the affected

political subdivisions or areas.

   (b) The declaration authorizes the deployment and use of any

forces to which the disaster emergency plans apply and the use or

distribution of any supplies, equipment, materials, and facilities

assembled, stockpiled, or available pursuant to this act.

      CHAPTER 2.  POWERS

   130420.  During a state of public health emergency the Governor

may do all of the following:

   (a) Suspend the provisions of any regulatory statute prescribing

procedures for conducting state business, or the orders, or rules and

regulations, of any state agency, if strict compliance with those

statutes, orders, or rules and regulations would prevent, hinder, or

delay action, including emergency purchases by the public health

authority, necessary to respond to the public health emergency or

would increase the health threat to the population.

   (b) Utilize all available resources of the state and its political

subdivisions, as reasonably necessary to respond to the public

health emergency.

   (c) Transfer the direction, personnel, or functions of state

departments and agencies in order to perform or facilitate response

and recovery programs regarding the public health emergency.

   (d) Mobilize all or any part of the organized militia into service

of the state.  An order directing the organized militia to report

for active duty shall state the purpose for which it is mobilized and

the objectives to be accomplished.

   (e) Provide aid to and seek aid from other states in accordance

with any interstate emergency compact made with the state.

   (f) Seek aid from the federal government in accordance with

federal programs or requirements.

   130422.  The State Department of Health Services shall coordinate

all matters pertaining to the public health emergency response of the

state.  The department shall have primary jurisdiction,

responsibility, and authority for all of the following:

   (a) Planning and executing public health emergency assessment,

mitigation, preparedness response, and recovery for the state.

   (b) Coordinating public health emergency response between state

and local authorities.

   (c) Collaborating with relevant federal governmental authorities,

elected officials of other states, and private organizations and

companies.

   (d) Coordinating recovery operations and mitigation initiatives

subsequent to a public health emergency.

   (e) Organizing public information activities regarding state

public health emergency response operations.

   130424.  Upon the declaration of a state of public health

emergency pursuant to this act, special identification for all public

health personnel working during the emergency shall be issued as

soon as possible.  The identification shall indicate the authority of

the bearer to exercise public health functions and emergency powers

during the state of public health emergency.  Public health personnel

shall wear the identification in plain view.

   130426.  During a state of public health emergency, a public

health authority may request assistance in enforcing orders pursuant

to this act from a public safety authority.  The public safety

authority may request assistance from the organized militia in

enforcing the orders of a public health authority.

   130428.  A public health authority may promulgate and implement

any rules and regulations that are reasonable and necessary to

implement and effectuate this act.  A public health authority may

enforce this act through the imposition of

                 fines and penalties, the issuance of orders, and

other remedies as are provided by law.  Nothing in this section shall

limit specific enforcement powers enumerated in this act.

      CHAPTER 3.  TERMINATION

   130430.  The Governor shall terminate the state of public health

emergency by executive order upon finding that the occurrence of an

illness or health condition that caused the emergency no longer poses

a high probability of a large number of deaths in the affected

population, a large number of incidents of serious permanent or

long-term disability in the affected population, or a significant

risk of substantial future harm to a large number of people in the

affected population.

   130432.  Notwithstanding any other provision of this act, a state

of public health emergency shall be terminated automatically 30 days

after its declaration unless renewed by the Governor under the same

standards and procedures set forth in this part for a declaration of

a state of public health emergency.  This renewal shall be terminated

automatically after 30 days unless renewed by the Governor under the

same standards and procedures set forth in this part for a

declaration of a state of public health emergency.

   130434.  The Legislature, by a majority vote of each house, may

terminate a state of public health emergency after 60 days from the

date of the original declaration upon finding that the occurrence of

an illness or health condition that caused the emergency does not or

no longer poses a high probability of a large number of deaths in the

affected population, a large number of incidents of serious

permanent or long-term disability in the affected population, or a

significant risk of substantial future harm to a large number of

people in the affected population.  This termination by the

Legislature shall override any renewal by the Governor.

   130436.  All orders or legislative action terminating a state of

public health emergency shall indicate the nature of the emergency,

the area or areas threatened, and the conditions that make possible

the termination of the state of public health emergency.

      PART 3.  SPECIAL POWERS DURING A STATE OF PUBLIC HEALTH

EMERGENCY

      CHAPTER 1.  CONTROL OF PROPERTY

      Article 1.  Facilities, Materials, Roads, and Public Areas

   130440.  A public health authority, during a state of public

health emergency declared pursuant to this act, may do all of the

following concerning facilities and materials:

   (a) Close, direct and compel the evacuation of, or decontaminate

or cause to be decontaminated any facility if there is reasonable

cause to believe that it may endanger the public health.

   (b) Decontaminate, cause to be decontaminated, or destroy any

material if there is reasonable cause to believe that it may endanger

the public health.

   130442.  A public health authority, during a state of public

health emergency declared pursuant to this act, may do all of the

following concerning facilities, materials, roads, and public areas:

   (a) Procure, by condemnation or otherwise, construct, lease,

transport, store, maintain, renovate, or distribute materials and

facilities as may be reasonable and necessary to respond to the

public health emergency, with the right to take immediate possession

of the materials and facilities.  The materials and facilities may

include, but are not limited to, communication devices, carriers,

real estate, fuel, food, and clothing.

   (b) Require, as a condition of licensure or the authority to

operate or continue to do business in the state as a health care

facility, a health care facility to provide services or the use of

its facility if the services or use are reasonable and necessary to

respond to the public health emergency.  The use of the health care

facility may include, but is not limited to, the transfer of the

management and supervision of the health care facility to a public

health authority for a limited or unlimited period of time, which

shall not exceed the date on which the state of public health

emergency is terminated.

   (c) Inspect, control, restrict, and regulate by rationing and

using quotas, prohibitions on shipments, allocation, or other means,

the use, sale, dispensing, distribution, or transportation of food,

fuel, clothing and other commodities, as may be reasonable and

necessary to respond to the public health emergency.

   (d) Prescribe routes, modes of transportation, and destinations in

connection with the evacuation of persons or the provision of

emergency services.

   (e) Control or limit ingress and egress to and from any stricken

or threatened public area, the movement of persons within the area,

and the occupancy of premises within the area if that control is

reasonable and necessary to respond to the public health emergency.

      Article 2.  Infectious Waste

   130446.  A public health authority, during a state of public

health emergency declared pursuant to this act, may do all of the

following concerning the safe disposal of infectious waste:

   (a) Adopt and enforce measures to provide for the safe disposal of

infectious waste as may be reasonable and necessary to respond to

the public health emergency.  These measures may include, but are not

limited to, the collection, storage, handling, destruction,

treatment, transportation, and disposal of infectious waste.

   (b) Require, as a condition of licensure or the authority to

operate or continue to do business in the state as a business or

facility, any business or facility authorized to collect, store,

handle, destroy, treat, transport, and dispose of infectious waste

under the laws of this state, and any landfill business or other

similar property, to accept infectious waste or provide services or

the use of the business, facility, or property if this requirement is

reasonable and necessary to respond to the public health emergency.

The use of the business or facility may include, but is not limited

to, the transfer of the management and supervision of the business or

facility to a public health authority for a limited or unlimited

period of time, which shall not exceed the date on which the state of

public health emergency is terminated.

   (c) Procure, by condemnation or otherwise, any business or

facility authorized to collect, store, handle, destroy, treat,

transport, and dispose of infectious waste under the laws of the

state, and any landfill business or other similar property, as may be

reasonable and necessary to respond to the public health emergency,

with the right to take immediate possession of the business,

facility, or property.

   130448.  For purposes of all activities conducted pursuant to this

article, all bags, boxes, or other containers for infectious waste

shall be clearly identified as containing infectious waste, including

the type of infectious waste, if known.

      Article 3.  Human Remains

   130452.  A public health authority, during a state of public

health emergency declared pursuant to this act, may do all of the

following concerning the safe disposal of human remains:

   (a) Adopt and enforce measures to provide for the safe disposal of

human remains as may be reasonable and necessary to respond to the

public health emergency.  These measures may include, but are not

limited to, the embalming, burial, cremation, interment,

disinterment, transportation, and disposal of human remains.

   (b) Take possession or control of any human remains.

   (c) Order the disposal through burial or cremation, within 24

hours after death, of any human remains of a person who has died of a

contagious disease.  To the extent possible, religious, cultural,

family, and individual beliefs of the deceased person or his or her

family shall be considered when disposing of any human remains.

   (d) Require, as a condition of licensure or the authority to

operate or continue to do business in the state as a business or

facility, any business or facility authorized to embalm, bury,

cremate, inter, disinter, transport, or dispose of human remains

under the laws of this state to accept human remains or provide the

use of the business or facility if this requirement is reasonable and

necessary to respond to the public health emergency.  The use of the

business or facility may include, but is not limited to, the

transfer of the management and supervision of the business or

facility to a public health authority for a limited or unlimited

period of time, which shall not exceed the date on which the state of

public health emergency is terminated.

   (e) Procure, by condemnation or otherwise, any business or

facility authorized to embalm, bury, cremate, inter, disinter,

transport, and dispose of human remains under the laws of the state

as may be reasonable and necessary to respond to the public health

emergency, with the right to take immediate possession of the

business or facility.

   130454.  Prior to the disposal of human remains for purposes of

this article, the human remains shall be clearly labeled with all

available information to identify the decedent and the circumstances

of death.  Any human remains of a deceased person that are

contaminated with a contagious disease shall have an external and

clearly visible tag indicating that the human remains are infected

and, if known, the contagious disease.

   130456.  Every person in charge of disposing of any human remains

for purposes of this article shall maintain a written or electronic

record of all human remains and all available information to identify

the decedent and the circumstances of death and disposal.  If human

remains cannot be identified prior to disposal, a qualified person,

to the extent possible, shall take fingerprints and one or more

photographs of the human remains and collect a DNA specimen.  All

information gathered under this section shall be promptly forwarded

to the state and local public health authorities.

      Article 4.  Health Care Supplies

   130460.  A public health authority may purchase and distribute

antitoxins, serums, vaccines, immunizing agents, antibiotics, and

other pharmaceutical agents or medical supplies that it deems

advisable in the interest of preparing for or controlling a public

health emergency, without any additional legislative authorization.

   130462.  (a) If a state of public health emergency results in a

statewide or regional shortage or threatened shortage of any product

covered by Section 130460, whether or not the product has been

purchased by a public health authority, a public health authority may

control, restrict, or regulate by rationing and using quotas,

prohibitions on shipments, allocation, or other means, the use, sale,

dispensing, distribution, or transportation of the relevant product

necessary to protect the health, safety, and welfare of the people of

the state.

   (b) In making rationing or other supply and distribution

decisions, a public health authority may give preference to health

care providers, disaster response personnel, public safety personnel,

and mortuary staff.

   130464.  During a state of public health emergency, a public

health authority may procure, store, or distribute any antitoxins,

serums, vaccines, immunizing agents, antibiotics, and other

pharmaceutical agents or medical supplies located within the state as

may be reasonable and necessary to respond to the public health

emergency, with the right to take immediate possession of the

pharmaceutical agents or medical supplies.  If a public health

emergency simultaneously affects more than one state, nothing in this

section shall be construed to allow the public health authority to

obtain antitoxins, serums, vaccines, immunizing agents, antibiotics,

and other pharmaceutical agents or medical supplies for the primary

purpose of hoarding those items or preventing their fair and

equitable distribution among affected states.

      Article 5.  Compensation

   130468.  The state shall pay just compensation to the owner of any

facilities or materials that are lawfully taken or appropriated by a

public health authority for its temporary or permanent use under

this chapter according to the procedures and standards set forth in

Chapter 4 (commencing with Section 130560) of Part 4.

   130470.  Compensation shall not be provided for facilities or

materials that are closed, evacuated, decontaminated, or destroyed

pursuant to Section 130440 when there is reasonable cause to believe

that the facilities or materials may endanger the public health as

specified in Section 130440.

      Article 6.  Destruction of Property

   130472.  To the extent practicable consistent with the protection

of public health, prior to the destruction of any property under this

chapter, a public health authority shall institute appropriate civil

proceedings against the property to be destroyed in accordance with

the existing laws and court rules or any rules that may be developed

by the courts for use during a state of public health emergency.  Any

property acquired by the public health authority through those civil

proceedings, after entry of the decree, shall be disposed of by

destruction as the court may direct.

      CHAPTER 2.  PROTECTION OF PERSONS

      Article 1.  Medical Examination and Testing

   130480.  During a declared state of public health emergency, state

and local public health authorities shall use every available means

to prevent the transmission of infectious disease and to ensure that

all cases of infectious disease are subject to proper control and

treatment.

   130482.  (a) A public health authority, during a state of public

health emergency declared pursuant to this act, may perform medical

examinations and testing as necessary for the diagnosis or treatment

of individuals.

   (b) The following shall apply to a medical examination, testing,

or both authorized by subdivision (a):

   (1) It may be performed by any qualified person authorized by the

public health authority.

   (2) It shall not be reasonably likely to result in serious harm to

the affected individual.

   (3) The public health authority may isolate or quarantine,

pursuant to Article 3 (commencing with Section 130490), any person

whose refusal to undergo a medical examination or test pursuant to

this section results in uncertainty regarding whether he or she has

been exposed to or is infected with a contagious or possibly

contagious disease or otherwise poses a danger to public health.

      Article 2.  Vaccination and Treatment

   130484.  (a) A public health authority, during a state of public

health emergency declared under this act, may vaccinate persons as

protection against infectious disease and to prevent the spread of

contagious or possibly contagious diseases.

   (b) The following shall apply to a vaccination authorized by

subdivision (a):

   (1) It may be performed by any qualified person authorized by the

public health authority.

   (2) It shall not be reasonably likely to result in serious harm to

the affected individual.

   (3) To prevent the spread of contagious or possibly contagious

disease, the public health authority may isolate or quarantine,

pursuant to Article 3 (commencing with Section 130490), any person

who is unable or unwilling for reasons of health, religion, or

conscience to undergo vaccination pursuant to this section.

   130486.  (a) A public health authority, during a state of public

health emergency declared under this act, may treat persons exposed

to or infected with disease.

   (b) The following shall apply to treatment authorized by

subdivision (a):

   (1) It may be performed by any qualified person authorized by the

public health authority.

   (2) It shall not be reasonably likely to result in serious harm to

the affected individual.

   (3) To prevent the spread of contagious or possibly contagious

disease, the public health authority may isolate or quarantine,

pursuant to Article 3 (commencing with Section 130490), any person

who is unable or unwilling for reasons of health, religion, or

conscience to undergo treatment pursuant to subdivision (a).

      Article 3.  Isolation and Quarantine

   130490.  (a) A public health authority, during a state of public

health emergency declared under this act, may do all of the following

concerning isolation and quarantine:

   (1) Isolate, consistent with subdivision (c) of Section 130356, or

quarantine, consistent with Section 130364, an individual or group

of individuals.  This authority extends to the isolation and

quarantine of individuals or groups of individuals who have not been

examined, tested, vaccinated, or treated pursuant to this chapter.

   (2) Establish and maintain places of isolation and quarantine.

   (3) Establish rules and regulations and make orders for purposes

of this article.

   (b) The failure of any person to comply with this article or any

rules, regulations, or orders made pursuant to paragraph (3) of

subdivision (a) for purposes of this article is a misdemeanor.

   130492.  A public health authority shall adhere to all of the

following conditions and principles when isolating or quarantining

individuals or a group of individuals:

   (a) The isolation or quarantine shall be by the least restrictive

means necessary to prevent the spread of a contagious or possibly

contagious disease to others and may include, but is not limited to,

confinement to private homes, other private premises, or public

premises.

   (b) Isolated individuals shall be confined separately from

quarantined individuals.

   (c) The health status of isolated and quarantined individuals

shall be monitored regularly to determine if they require isolation

or quarantine.

   (d) If a quarantined individual subsequently becomes infected or

is reasonably believed to have become infected with a contagious or

possibly contagious disease, he or she shall be promptly removed to

isolation.

   (e) Isolated and quarantined individuals shall be immediately

released when they pose no substantial risk of transmitting a

contagious or possibly contagious disease to others.

   (f) The needs of individuals isolated and quarantined shall be

addressed in a systemic and competent fashion, including, but not

limited to, providing adequate food, clothing, shelter, means of

communicating with those in and outside of isolation or quarantine,

medication, and competent medical care.

   (g) The premises used for isolation and quarantine shall be

maintained in a safe and hygienic manner and be designed to minimize

the likelihood of further transmission of infection or other harms to

persons isolated and quarantined.

   (h) To the extent possible, cultural and religious beliefs shall

be considered in addressing the needs of individuals in, and

establishing and maintaining, isolation and quarantine premises.

   130494.  A person subject to isolation or quarantine under this

article shall not go beyond the isolation or quarantine premises.

The failure to comply with this requirement is subject to criminal

penalty as provided in subdivision (b) of Section 130490.

   130496.  (a) A public health authority may authorize physicians,

health care workers, or others access to individuals in isolation or

quarantine as necessary to meet the needs of isolated or quarantined

individuals.

   (b) No person, other than a person authorized by a public health

authority, shall enter isolation or quarantine premises.  The failure

to comply with this requirement is subject to criminal penalty as

provided in subdivision (b) of Section 130490.

   (c) Any person entering an isolation or quarantine premises with

or without authorization of the public health authority may be

isolated or quarantined pursuant to this article.

   130498.  (a) If the temporary isolation or quarantine of an

individual or group of individuals is undertaken without notice, it

shall comply with this section.

   (b) A public health authority may temporarily isolate or

quarantine an individual or group of individuals, without notice,

through a written directive, if delay in imposing the isolation or

quarantine would significantly jeopardize the public health authority'

s ability to prevent or limit the transmission of a contagious or

possibly contagious disease to others.

   (c) The written directive shall include all of the following:

   (1) The identity of the individual, individuals, or group of

individuals 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 copy of this chapter and the relevant definitions of this

division.

   (d) A copy of the written directive shall be given to the

individual to be isolated or quarantined or, if the order applies to

a group of individuals and it is impractical to provide individual

copies, it may be posted in a conspicuous place in the isolation or

quarantine premises.

   (e) Within 10 days after issuing the written directive, the public

health authority shall file a petition pursuant to Section 130500

for a court order authorizing the continued isolation or quarantine

of the isolated or quarantined individual or group of individuals.

   130500.  (a) A public health authority may make a written petition

to the trial court, as defined in subdivision (b) of Section 130368,

for an order authorizing the isolation or quarantine of an

individual or group of individuals.

   (b) (1) A petition under subdivision (a) shall include all of the

following:

   (A) The identity of the individual, individuals, or group of

individuals subject to isolation or quarantine.

   (B) The premises subject to isolation or quarantine.

   (C) The date and time at which isolation or quarantine commences.

   (D) The suspected contagious disease, if known.

   (E) A statement of compliance with the conditions and principles

for isolation and quarantine specified in Section 130492.

   (F) A statement of the basis upon which isolation or quarantine is

justified in compliance with this article.

   (2) The petition shall be accompanied by the sworn affidavit of

the public 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.

   (c) Notice to the individuals or group of individuals identified

in the petition shall be provided within 24 hours in accordance with

any applicable procedure authorized by Chapter 5 (commencing with

Section 1010) of Title 14 of Part 1 of the Code of Civil Procedure.

   (d) A hearing shall be held on any petition filed pursuant to this

section within five days of the filing of the petition.  In

extraordinary circumstances and for good cause shown, the public

health authority may apply to continue the hearing date on a petition

filed pursuant to this section for up to 10 days, which continuance

the court may grant in its discretion giving due regard to the rights

of the affected individuals, the protection of the public's health,

the severity of the emergency, and the availability of necessary

witnesses and evidence.

   (e) (1) The court shall grant the petition if, by a preponderance

of the evidence, isolation or quarantine is shown to be reasonably

necessary to prevent or limit the transmission of a contagious or

possibly contagious disease to others.

   (2) An order authorizing isolation or quarantine may do so for a

period not to exceed 30 days.

   (3) The order shall do all of the following:

   (A) Identify the isolated or quarantined individuals or group of

individuals by name or shared or similar characteristics or

circumstances.

   (B) Specify factual findings warranting isolation or quarantine

pursuant to this act.

   (C) Include any conditions necessary to ensure that isolation or

quarantine is carried out within the stated purposes and restrictions

of this act.

   (D) Be served on affected individuals or groups of individuals in

accordance with the applicable procedures authorized by Chapter 5

(commencing with Section 1010) of Title 14 of Part 1 of the Code of

Civil Procedure.

   (f) Prior to the expiration of an order issued pursuant to

subdivision (e), the public health authority may move to continue

isolation or quarantine for additional periods not to exceed 30 days

each.  The court shall consider the motion in accordance with the

standards set forth in subdivision (e).

   130502.  (a) An individual or group of individuals isolated or

quarantined pursuant to this act may apply to the trial court for an

order to show cause why the individual or group of individuals should

not be released. The court shall rule on the application to show

cause within 48 hours of its biling.  If the court grants the

application, the court shall schedule a hearing on the order to show

cause within 24 hours from issuance of the order to show cause.  The

issuance of an order to show cause shall not stay or enjoin an

isolation or quarantine order.

   (b) (1) An individual or group of individuals isolated or

quarantined pursuant to this act may request a hearing in the trial

court for remedies regarding breaches to the conditions of isolation

or quarantine.  A request for a hearing shall not stay or enjoin an

isolation or quarantine order.

   (2) Upon receipt of a request under this subdivision that alleges

extraordinary circumstances justifying the immediate granting of

relief, the court shall fix a date for hearing on the matters alleged

not more than 24 hours from receipt of the request.

   (3) In cases other than those to which paragraph (2) applies, upon

receipt of a request under this subdivision, the court shall fix a

date for hearing on the matters alleged within five days from receipt

of request.

   (c) In any proceedings brought for relief under this section, in

extraordinary circumstances and for good cause shown, the public

health authority may move the court to extend the time for a hearing,

which extension the court in its discretion may grant giving due

regard to the rights of the affected individuals, the protection of

the public's health, the severity of the emergency, and the

availability of necessary witnesses and evidence.

   (d) A record of the proceedings brought pursuant to this section

shall be made and retained.  In the event that, given a state of

public health emergency, parties cannot personally appear before the

court, proceedings may be conducted by their authorized

representatives and be held via any means that allows all parties to

fully participate.

   130504.  (a) The court shall appoint counsel at state expense to

represent an individual or a group of individuals who are, or who are

about to be, isolated or quarantined pursuant to

                         this division and who are not otherwise

represented by counsel.  Appointments shall be made in accordance

with the procedures to be specified in the Public Health Emergency

Plan prepared pursuant to Section 130372 and shall last throughout

the duration of the isolation or quarantine of the individual or

group of individuals.  The public health authority shall provide

adequate means of communication between an individual or group of

individuals and their counsel.

   (b) 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 individuals, 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 group claims if all of

the following conditions exist:

   (1) The number of individuals involved or to be affected is so

large that individual participation is 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 individuals' claims or rights.

   (4) The entire group will be adequately represented in the

consolidation.

      Article 4.  Collection of Laboratory Specimens

   130506.  (a) A public health authority, during a state of public

health emergency declared pursuant to this act, in addition to

performing tests on a living person as provided in Article 1

(commencing with Section 130480), may collect specimens of a deceased

person, or a living or deceased animal, and acquire any previously

collected specimen or test results that are reasonable and necessary

to respond to a public health emergency.

   (b) A specimen collected pursuant to this section shall be clearly

marked.

   (c) Specimen collection, handling, storage, and transport to the

testing site shall be performed in a manner that will reasonably

preclude specimen contamination or adulteration and provide for the

safe collection, storage, handling, and transport of the specimen.

   (d) Any person authorized to collect specimens or perform tests

pursuant to this chapter shall use chain of custody procedures to

ensure proper recordkeeping, handling, labeling, and identification

of specimens to be tested.  This requirement applies to all

specimens, including specimens collected using onsite testing kits.

   (e) Recognizing that during a state of public health emergency any

specimen collected or test performed may be evidence in a criminal

investigation, any business, facility, or agency authorized to

collect specimens or perform tests shall provide all support as is

reasonable and necessary to aid in a relevant criminal investigation.

      CHAPTER 3.  ACCESS TO AND DISCLOSURE OF PROTECTED HEALTH

INFORMATION

   130510.  Access to protected health information of individuals who

have participated in medical testing, treatment, vaccination,

isolation, or quarantine programs or efforts by a public health

authority during a public health emergency shall be limited to those

persons having a legitimate need to acquire or use the information

for one or more of the following purposes:

   (a) To provide treatment to the individual who is the subject of

the health information.

   (b) To conduct epidemiologic research.

   (c) To investigate the causes of transmission.

   130512.  Protected health information held by a public health

authority shall not be disclosed without the written specific

informed consent of the individual who is the subject of the

information, except for disclosures made as follows:

   (a) Directly to the individual who is the subject of the

information.

   (b) To the individual's immediate family members or personal

representative, to the extent authorized by law.

   (c) To appropriate federal agencies or authorities pursuant to

federal law.

   (d) Pursuant to a court order to avert a clear danger to an

individual or the public health.

   (e) To identify a deceased individual or determine the manner or

cause of death.

      CHAPTER 4.  LICENSING OF HEALTH PERSONNEL

   130520.  A public health authority, during a state of public

health emergency declared pursuant to this act, may require, as a

condition of licensure or the authority to continue to function as a

health care provider in the state, in-state health care providers to

assist in the performance of vaccination, treatment, examination, or

testing of any individual.

   130522.  (a) A public health authority, during a state of public

health emergency declared pursuant to this act, may appoint and

prescribe the duties of out-of-state emergency health care providers

as may be reasonable and necessary to respond to the public health

emergency.

   (b) The appointment of out-of-state emergency health care

providers pursuant to this section may be for a limited or unlimited

time, but shall not exceed the date on which the state of public

health emergency is terminated. The public health authority may

terminate the out-of-state appointments at any time or for any reason

if the termination will not jeopardize the health, safety, and

welfare of the people of this state.

   (c) For purposes of appointments made pursuant to this section,

the public health authority may waive any licensing requirements,

permits, or fees required by statute and applicable rules or

regulations for health care providers from other jurisdictions who

wish to practice in this state.

   (d) Any out-of-state emergency health care provider appointed

pursuant to this section shall not be held liable for any civil

damages as a result of medical care or treatment related to the

emergency response unless the damages result from providing or

failing to provide medical care or treatment under circumstances

demonstrating a reckless disregard for the consequences so as to

affect the life or health of the patient.

   130524.  (a) A public health authority, during a state of public

health emergency declared pursuant to this act, may authorize a

medical examiner or coroner to appoint, and prescribe the duties of,

emergency assistant medical examiners or coroners as may be required

for the proper performance of the duties of the office.

   (b) The appointment of emergency assistant medical examiners or

coroners pursuant to this section may be for a limited or unlimited

time, but shall not exceed the date on which the state of public

health emergency is terminated. The medical examiner or coroner may

terminate the emergency appointments at any time or for any reason if

the termination will not impede the performance of the duties of the

office.

   (c) For purposes of appointments made pursuant to this section,

the medical examiner or coroner may waive any licensing requirements,

permits, or fees required by statute and applicable rules or

regulations for the performance of the duties of assistant medical

examiners or coroners.

   (d) Any emergency assistant medical examiner or coroner appointed

pursuant to this section and acting without malice and within the

scope of the prescribed duties shall be immune from civil liability

in the performance of those duties.

      PART 4.  MISCELLANEOUS

      CHAPTER 1.  PUBLIC INFORMATION DURING A STATE OF PUBLIC HEALTH

EMERGENCY

   130530.  (a) The public health authority shall inform the people

of the state when a state of public health emergency has been

declared or terminated and regarding how to protect themselves and

what actions are being taken to control the emergency.

   (b) The public health authority shall provide information by all

available and reasonable means calculated to bring the information

promptly to the attention of the general public.

   (c) If the public health authority has reason to believe there are

people of the state who lack sufficient skills in English to

understand the information, the public health authority shall make

reasonable efforts to provide the information in the primary language

of those people as well as in English.

   (d) The provision of information shall be made in a manner

accessible to individuals with disabilities.

   130532.  During and after a state of public health emergency, the

public health authority shall provide information about, and

referrals to, mental health support personnel to address

psychological responses to the public health emergency.

      CHAPTER 2.  FINANCING AND EXPENSES

   130540.  The Governor may transfer from any fund available to the

Governor in the State Treasury those sums that may be necessary to

meet a state of public health emergency declared pursuant to this

act.  Any money transferred pursuant to this section shall be repaid

to the fund from which the money was transferred when money becomes

available for that purpose, by legislative appropriation or

otherwise.

   130542.  The Governor may transfer funds pursuant to Section

130540 only if one or more of the following conditions exist:

   (a) No appropriation or other authorization is available to meet

the public health emergency.

   (b) An available appropriation is insufficient to meet the public

health emergency.

   (c) Federal money available for the public health emergency

requires the use of state or other public money.

   130544.  All expenses incurred by the state during a state of

public health emergency shall be subject to the following

limitations:

   (a) No expense shall be incurred against the money authorized

under this section without the approval of the Governor.

   (b) The aggregate amount of all expenses incurred under this

section shall not exceed ____ dollars ($ ____) for any fiscal year.

   (c) Money authorized for a state of public health emergency in

prior fiscal years may be used in subsequent fiscal years only for

the public health emergency for which the money was authorized.

Money authorized for a public health emergency in prior years that is

expended in subsequent fiscal years for the public health emergency

for which the money was authorized shall apply toward the expense

limit specified in subdivision (b) for the fiscal year in which the

money was authorized.

      CHAPTER 3.  LIABILITY

   130550.  The state and its political subdivisions, and except in

cases of gross negligence or willful misconduct, the Governor, a

public health authority, and any other state or local official

referred to in this act, shall not be liable for the death of, or any

injury to, persons, or damage to property as a result of complying

with or attempting to comply with this act or any rule or regulation

adopted pursuant to this act.

   130552.  During a state of public health emergency, any person

owning or controlling real estate or other premises who voluntarily

and without compensation grants a license or privilege, or otherwise

permits the designation or use of the whole or any part or parts of

the real estate or premises for the purpose of sheltering persons,

together with that person's successors in interest, if any, shall not

be civilly liable for negligently causing the death of, or injury

to, any person on or about the real estate or premises under the

license, privilege, or other permission, or for negligently causing

loss of, or damage to, the property of the person.

   130554.  During a state of public health emergency, any private

person, firm, or corporation, and employees and agents of the person,

firm, or corporation in the performance of a contract with, and

under the direction of, the state or its political subdivisions under

the provisions of this act shall not be civilly liable for causing

the death of, or injury to, any person or damage to any property

except in the event of gross negligence or willful misconduct.

   130556.  During a state of public health emergency, any private

person, firm, or corporation, and employees and agents of the person,

firm, or corporation, who renders assistance or advice at the

request of the state or its political subdivisions under the

provisions of this act shall not be civilly liable for causing the

death of, or injury to, any person or damage to any property except

in the event of gross negligence or willful misconduct.

   130558.  The immunities provided in this chapter shall not apply

to any private person, firm, or corporation, or to the employees and

agents of the person, firm, or corporation, whose act or omission

caused in whole or in part the public health emergency and who would

otherwise be liable for the act or omission.

      CHAPTER 4.  COMPENSATION

   130560.  Compensation for property shall be made only if private

property is lawfully taken or appropriated by a public health

authority for its temporary or permanent use during a state of public

health emergency declared by the Governor pursuant to this act.

   130562.  Any action against the state with regard to the payment

of compensation shall be brought in the courts of this state in

accordance with existing court laws and rules, or any rules that may

be developed by the courts for use during a state of public health

emergency.

   130564.  The amount of the compensation shall be calculated in the

same manner as compensation due for taking of property pursuant to

nonemergency eminent domain proceedings as provided in Title 7

(commencing with Section 1230.010) of Part 3 of the Code of Civil

Procedure, except that the amount of the compensation calculated for

items obtained under Article 4 (commencing with Section 130460) of

Chapter 1 of Part 3 shall be limited to the costs incurred to produce

the item.

      CHAPTER 5.  MISCELLANEOUS

   130570.  The provisions of this division are severable.  If any

provision of this division or its application is held invalid, that

invalidity shall not affect other provisions or applications that can

be given effect without the invalid provision or application.

   130572.  This division does not preempt other laws or regulations

that preserve to a greater degree the powers of the Governor or the

public health authority if the laws or regulations are consistent

with this division and do not otherwise restrict or interfere with

the operation or enforcement of this division.

   130574.  In the event of a conflict between this division and

other laws or regulations or local ordinances concerning public

health powers, the provisions of this division apply.

  SEC. 4.  No reimbursement is required by this act pursuant to

Section 6 of Article XIIIB of the California Constitution for certain

costs that may be incurred by a local agency or school district

because in that regard this act creates a new crime or infraction,

eliminates a crime or infraction, or changes the penalty for a crime

or infraction, within the meaning of Section 17556 of the Government

Code, or changes the definition of a crime within the meaning of

Section 6 of Article XIIIB of the California Constitution.

   However, notwithstanding Section 17610 of the Government Code, if

the Commission on State Mandates determines that this act contains

other costs mandated by the state, reimbursement to local agencies

and school districts for those costs shall be made pursuant to Part 7

(commencing with Section 17500) of Division 4 of Title 2 of the

Government Code.  If the statewide cost of the claim for

reimbursement does not exceed one million dollars ($1,000,000),

reimbursement shall be made from the State Mandates Claims Fund.

ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE.  THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.