SB 633 — An Act providing for the declaration of a public health emergency, for duties of the Department of Health, for temporary regulations and for immunity from liability.

PRIOR PRINTER'S NO.

768 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

863633 THE2019 GENERALINTRODUCED ASSEMBLYBY OFCOSTA, PENNSYLVANIABARTOLOTTA, SENATEFARNESE, BILLFONTANA, SessionLEACH, MUTH, YUDICHAK, SCHWANK, TARTAGLIONE, HUGHES AND BREWSTER, MAY 10, 2019 REFERRED TO HEALTH AND HUMAN SERVICES, MAY 10, 2019 AN ACT Providing for the declaration of No.a public health emergency, for duties of the Department of Health, for temporary regulations and for immunity from liability.

633 2019 INTRODUCED BY COSTA, BARTOLOTTA, FARNESE, FONTANA, LEACH, MUTH, YUDICHAK, SCHWANK, TARTAGLIONE, HUGHES, BREWSTER, L.

WILLIAMS AND HAYWOOD, MAY 10, 2019 SENATOR BROOKS, HEALTH AND HUMAN SERVICES, AS AMENDED, JUNE 4, 2019 AN ACT Providing for the declaration of a public health emergency, for duties of the Department of Health, for temporary regulations and for immunity from liability.

"Public health worker." A person employed by, under contract with or serving as a registered volunteer of the department or a local health department to carry out prophylaxis, treatment, 20190SB0633PN0863 - 2 - notification and prevention services to individuals ATreported RISKto OF20190SB0633PN0768 <--- CONTRACTING,2 OR- reported to the department or local health departments as having,having a reportable disease under the act of <-- April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955.

(a) Authorization.--The secretary may declare a public <-- (A) AUTHORIZATION.-- <-- (1) THE GOVERNOR, ON THE RECOMMENDATION OF THE SECRETARY, MAY DECLARE A PUBLIC health emergency by disseminating the declaration promptly by means calculated to bring its contents to the attention of the general public and shall file it with the Legislative Reference Bureau for publication under 45 Pa.C.S.

AND(b) WITHDeclaration, THErenewal <--and DIRECTORtermination.-- OF(1) THEThe PENNSYLVANIAdeclaration EMERGENCYof MANAGEMENTa AGENCY.public health emergency shall be valid for a period of up to 90 days unless renewed or terminated by the secretary by publishing a subsequent declaration in the Pennsylvania Bulletin.

(2) WITHINThe 72General HOURSAssembly OFby RECEIPTconcurrent OFresolution Amay DECLARATIONterminate UNDERa PARAGRAPHpublic (1),health THEemergency DIRECTORat OFany THEtime. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL CONVENE THE PENNSYLVANIA EMERGENCY MANAGEMENT COUNCIL TO PERFORM ITS DUTIES UNDER 35 PA.C.S.

CH.

73 (RELATING TO COMMONWEALTH SERVICES) AND CONSISTENT WITH DISASTER DECLARATIONS ISSUED BY THE GOVERNOR.

(b) Declaration, renewal and termination.-- (1) The declaration of a public health emergency shall be valid for a period of up to 90 days unless renewed or <-- terminated by the GOVERNOR, ON THE RECOMMENDATION OF THE secretary by publishing a subsequent declaration in the Pennsylvania Bulletin.

EXTENDED BY AFFIRMATIVE APPROVAL BY A <-- MAJORITY OF BOTH HOUSES OF THE GENERAL ASSEMBLY.

20190SB0633PN0863 - 3 - (2) The General Assembly by concurrent resolution may terminate a public health emergency at any time.

20190SB0633PN0768 - 3 - (3) Require reporting, in the manner and form prescribed by the department, relating to a disease, infection or condition.

(4) Set forth the requirements for health care facilities and licensed health care practitioners,practitioners INCLUDING <-- PHARMACISTS, to manage a disease outbreak or unusual expression of illness.

(5) Authorize public health workers to dispense, <-- administer, furnish or otherwise provide prescription medication for prophylaxis or treatment of a reportable disease or condition as necessary to prevent and control the spread of disease or condition.

(5)(d) AUTHORIZERequirements.--Notwithstanding APPROPRIATELYany TRAINED,other LICENSEDprovision ORof <--law, CERTIFIEDall PUBLICgovernment HEALTHagencies WORKERSshall, TOat DISPENSE,the ADMINISTER,request FURNISHof ORthe OTHERWISEdepartment PROVIDEand PROPHYLAXISto ORthe TREATMENTextent FORnot Aprohibited REPORTABLEby DISEASEFederal ORlaw, CONDITIONprovide ASinformation NECESSARYas TOprescribed PREVENTby ANDthe CONTROLdepartment THEduring SPREADa OFpublic DISEASEhealth ORemergency. CONDITION.

20190SB0633PN0863 - 4 - (d) Requirements.--Notwithstanding any other provision of law, all government agencies shall, at the request of the department and to the extent not prohibited by Federal law, provide information as prescribed by the department during a public health emergency.

(e) Confidentiality of information.--Any information provided or collected under this section,section EXCEPT FOR <-- NONIDENTIFIABLE AGGREGATED DATA, shall be confidential and is not subject to public access under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and is neither discoverable nor admissible as evidence in any civil, criminal or administrative action or proceeding.

(1) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the 20190SB0633PN0768 - 4 - Commonwealth Documents Law.

(g) Expiration and subsequent promulgation.--The temporary regulations promulgated under subsection (f) shall expire 90 days following the end EXPIRATION OR TERMINATION of the <-- declaration of a public health emergency.

20190SB0633PN0863 - 5 - (h) Suspension of regulations.--An executive agency, in consultation with the department, may suspend a regulation that prevents, hinders or delays necessary action in responding to a public health emergency.

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