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