http://www.lrc.state.ky.us/2002rsrecord/hb370/bill.doc

 

AN ACT relating to the Model State Emergency Health Powers Act and declaring an emergency.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:


ARTICLE I. TITLE, FINDINGS, PURPOSES, AND DEFINITIONS

SECTION 1.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

Sections 1 to 38 of this Act shall be known as the "Model State Emergency Health Powers Act."

SECTION 2.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

The General Assembly finds and declares that:

(1)   Kentucky must do more to protect the health, safety, and general well-being of its citizens;

(2)     New and emerging dangers, including but not limited to, 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 necessary;

(4)   Emergency health threats, including but not limited to, those caused by bioterrorism and epidemics, require the exercise of extraordinary government functions;

(5)   Kentucky must have the ability to respond rapidly and effectively to potential or actual public health emergencies;

(6)     The exercise of emergency health powers shall 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, Kentucky has a duty 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 the maintaining and preserving the public’s health and security; and

(10)   Sections 1 to 38 of this Act is necessary to protect the health and safety of the citizens of Kentucky.

SECTION 3.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

The purposes Sections 1 to 38 of 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 a health 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; and

(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.

SECTION 4.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

As used in Sections 1 to 38 of this Act, unless the context otherwise requires:

(1)     "Act" means the Model State Emergency Health Powers Act;

(2)   “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 any microorganism, virus, infectious substance, or biological product that is intended 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;

(3)     “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;

(4)   "Commission" means the Public Health Emergency Planning Commission;

(5)   “Contagious disease” means an infectious disease that can be transmitted from person to person;

(6)     “Health care facility” means any nonfederal institution, building, or agency, or any portion thereof, whether public or private, 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. This includes, but is not limited to, ambulatory surgical facilities, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, skilled nursing facilities, and adult day-care centers. The term also includes, but is not limited to, the following related property when used for or in connection with a health care facility: laboratories; research facilities; pharmacies; laundry facilities; health personnel training and lodging facilities; patient, guest, and health personnel food service facilities; and offices and office buildings for persons engaged in health care professions or services;

(7)     “Health care provider” means any person or entity who provides health care services, including but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, emergency medical or laboratory technicians, and ambulance and emergency medical workers, and any other health care professional required to be licensed or certified under the laws of the Kentucky;

(8)   “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;

(9)   “Infectious waste” means:

(a)      “Biological waste,” which includes but is not limited to blood and blood products, excretions, exudates, secretions, suctioning and other body fluids, and waste materials saturated with blood or body fluids;

(b)      "Cultures and stocks,” which includes but is not limited to etiologic agents and associated biologicals, including but not limited to: specimen cultures and dishes and devices used to transfer, inoculate, and mix cultures; wastes from production of biologicals and serums; and discarded live and attenuated vaccines;

(c)      “Pathological waste,” which includes but is not limited to: biopsy materials and all human tissues; anatomical parts that emanate from surgery, obstetrical procedures, necropsy, autopsy and laboratory procedures; and animal carcasses exposed to pathogens in research and the bedding and other waste from those animals. The term does not include teeth, formaldehyde, or other preservative agents; and

(d)      “Sharps,” which includes but is not limited to: needles; intravenous tubing with needles attached; scalpel blades; lancets; breakable glass tubes; and syringes that have been removed from their original sterile containers;

(10)   “Isolation” means the physical separation and confinement of individuals or groups who are infected or reasonably believed to be infected with a contagious or possibly contagious disease from nonisolated individuals, to prevent or limit the transmission of the disease to nonisolated individuals;

(11)   “Mental health support personnel” means but is not limited to psychiatrists, psychologists, social workers, and volunteer crisis counseling groups;

(12)   "Organized militia" means the Kentucky National Guard, the Kentucky Army National Guard, the Kentucky Air National Guard, or any other military force organized under the laws of this Commonwealth;

(13)   “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 that reveals the identity of the individual whose health care is the subject of the information, or where there is a reasonable basis to believe the information could be utilized, either alone or with other information that is or should reasonably be known to be available to predictable recipients of the information, to reveal the identity of that individual;

(14)   “Public health authority” means the Department for Public Health, any local government agency that acts principally to protect or preserve the public’s health, or any person authorized to act on behalf of the Department for Public Health or local government agency;

(15)   "Public health emergency” means an occurrence or imminent threat of an illness or health condition that is: caused by bioterrorism, natural disaster, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, and that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability;

(16)   “Public safety authority” means the Department for Public Health, any local government agency that acts principally to protect or preserve the public safety, or any person authorized to act on behalf of the Department for Public Health or local government agency;

(17)   "Quarantine" means the physical separation and confinement of an individual or group of individuals who has been or may be exposed to a contagious or possibly contagious disease and who does not show signs or symptoms of a contagious disease, from nonquarantined individuals, to prevent or limit the transmission of the disease to nonquarantined individuals;

(18)   “Specimen” means a sample of blood, sputum, urine, stool, other bodily fluids, wastes, tissues, and cultures necessary to perform required tests;

(19)   “Test” means, 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; and

(20)   "Trial Court" means the court, either District or Circuit, for the county in which isolation or quarantine is to occur, a court designated by the public health emergency plan under Sections 1 to 38 of this Act, or a court, either District or Circuit, for the county in which a public health emergency has been declared.

ARTICLE II. PLANNING FOR A PUBLIC HEALTH EMERGENCY

SECTION 5.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

The Governor shall appoint a Public Health Emergency Planning Commission consisting of agency directors, or their designees, of agencies the Governor deems relevant to public health emergency preparedness, a representative group of state legislators, members of the judiciary, and any other persons chosen by the Governor. The Governor shall designate the chair of the commission.

SECTION 6.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     The commission shall, within six (6) months of its appointment, deliver to the Governor a plan for responding to a public health emergency that includes provisions or guidelines for the following:

(a)      Notifying and communicating with the population during a state of public health emergency in compliance with Sections 1 to 38 of this Act;

(b)      Central coordination of resources, manpower, 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 medical supplies, drugs, vaccines, food, shelter, clothing, and beds;

(d)      Compliance with the reporting requirements of Section 7 of this Act;

(e)      The continued, effective operation of the judicial system including, if necessary, the identification and training of personnel to serve as emergency judges regarding matters of isolation and quarantine as described in Sections 1 to 38 of 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 the provisions of Sections 1 to 38 of 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 wastes and human remains, in compliance with the provisions of Sections 1 to 38 of 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 and outcomes of infected persons;

(m)      Ensuring that each city and county within the Commonwealth identifies the following:

1.      Locations where persons can be isolated or quarantined in compliance with the conditions and principles for isolation and quarantine of Sections 1 to 38 of this Act;

2.      Locations where medical supplies, food, and other essentials can be distributed to the population;

3.      Locations where public health and emergency workers can be housed and fed; and

4.      Routes and means of transportation of people and materials;

(n)      Cultural norms, values, religious principles, and traditions that may be relevant; and

(o)      Other measures necessary to carry out the purposes of Sections 1 to 38 of this Act.

(2)     The commission shall review its plan for responding to a public health emergency every two (2) years.

ARTICLE III. MEASURES TO DETECT AND TRACK PUBLIC HEALTH EMERGENCIES

SECTION 7.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     A health care provider, coroner, or medical examiner shall report all cases of a person who harbors any illness or health condition that may be potential causes of a public health emergency. Reportable illnesses and health conditions include but are not limited to the diseases caused by the biological agents listed in 42 C.F.R. sec. 72, app. A, and any illnesses or health conditions identified by the public health authority.

(2)     In addition to the provisions of subsection (1) of this section, a pharmacist shall report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be potential causes of a public health emergency. Prescription-related events that shall require reporting include but are not limited to:

(a)     An unusual increase in the number of prescriptions for antibiotics;

(b)     An unusual increase in the number of prescriptions or over-the-counter pharmaceuticals to treat conditions that the public health authority identifies through administrative regulations; and

(c)      Any prescription that treats a disease that is relatively uncommon or may be associated with bioterrorism.

(3)     A report under subsection (1) or (2) of this section shall be made electronically or in writing within twenty-four (24) hours to the public health authority. The report shall include as much of the following information as 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, current county of residence, and current work and home address, including the city and county;

(c)      The name and address of the health care provider, coroner, or medical examiner and of the reporting individual, if different; and

(d)      Any other information needed to locate the patient for follow-up. For cases related to animal or insect bites, the suspected locating information of the biting animal or insect and the name and address of any known owner shall be reported.

(4)     Every veterinarian, livestock owner, veterinary diagnostic laboratory director, or other person having the care of animals shall report animals having or suspected of having any disease that may be potential causes of a public health emergency, including:

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

(b)      The suspected locating information of the animal;

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

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

(5)     For the purposes of this section, the definition of “health care provider” shall include, but not be limited to, out-of-state medical laboratories, provided that the laboratories have agreed to the reporting requirements of this Commonwealth. Results shall be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out-of-state laboratory shall also be responsible for reporting the results.

(6)     The public health authority shall enforce the provisions of this section in accordance with existing enforcement rules and administrative regulations.

SECTION 8.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     The public health authority shall:

(a)      Ascertain the existence of cases of an illness or health condition that my be potential causes of a public health emergency;

(b)      Investigate all reported cases for sources of infection and to ensure that they are subject to proper control measures; and

(c)      Define the distribution of the illness or health condition.

(2)     To fulfill the duties specified under subsection (1) of this section, the public health authority shall identify exposed individuals as follows:

(a)      Acting on information developed in accordance with Sections 1 to 38 of this Act or other reliable information, the 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)      The public health authority shall counsel and interview all individuals as appropriate to assist in the positive identification of exposed individuals and develop information relating to the source and spread of the illness or health condition. This information shall include, but not be 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 spread; and

(c)      The public health authority shall, for examination purposes, close, evacuate, or decontaminate any facility or decontaminate or destroy any material if the authority reasonably suspects that the facility or material may endanger the public health.

(3)     An order of the public health authority given to effectuate the purposes of this section shall be enforceable immediately by the public safety authority.

SECTION 9.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     If the public safety authority or any other state or local government agency learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event that my be the cause of a public health emergency, it shall immediately notify the public health authority.

(2)     If the 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.

(3)     Sharing of information on reportable illnesses, health conditions, unusual clusters, or suspicious events between public health and safety authorities shall be restricted to the information necessary for the treatment, control, investigation, and prevention of a public health emergency.

ARTICLE IV. DECLARING A STATE OF PUBLIC HEALTH EMERGENCY

SECTION 10.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

A state of public health emergency shall be declared by the Governor upon the occurrence of a public health emergency. Prior to making this declaration, the Governor shall consult with the public health authority and may consult with any public health and other experts as needed. The Governor may act to declare a public health emergency without this consultation if the circumstances require more expeditious action.

SECTION 11.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

A state of public health emergency shall be declared by an executive order that specifies:

(1)     The nature of the public health emergency;

(2)     Any political subdivision or geographic area subject to the declaration;

(3)     The conditions that have brought about the public health emergency; and

(4)     The primary public health authority responding to the emergency.

SECTION 12.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     The declaration of a state of public health emergency shall activate the disaster response and recovery aspects of the state, local, and interjurisdictional disaster emergency plans in the affected political subdivision or area. The declaration shall authorize the deployment and use of any forces to which the plans apply and the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to Sections 1 to 38 of this Act.

(2)     During a state of public health emergency, the Governor may:

(a)      Suspend the provisions of any administrative regulation prescribing procedures for conducting state business or the orders, rules, and administrative regulations of any other state agency if strict compliance would prevent, hinder, or delay necessary action, including the making of emergency purchases, by the public health authority to respond to the public health emergency, or if strict compliance would increase the health threat to the population;

(b)      Utilize all available resources of state government 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 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 this state; and

(f)      Seek aid from the federal government in accordance with the federal programs or requirements.

(3)     The public health authority shall coordinate all matters pertaining to the public health emergency response of the state. The public health authority shall have primary jurisdiction, responsibility, and authority for:

(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 government authorities, elected officials of other states, and private organizations, or private sector companies;

(d)      Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies; and

(e)      Organizing public information activities regarding public health emergency response operations.

(4)     After the declaration of a state of public health emergency, 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.

SECTION 13.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

During a state of public health emergency, the public health authority may request assistance in enforcing orders pursuant to Sections 1 to 38 of this Act from the public safety authority. The public safety authority may request assistance from the organized militia in enforcing the orders of the public health authority.

SECTION 14.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     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, or a significant risk of substantial future harm to 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.

(2)   Notwithstanding any other provision of Sections 1 to 38 of this Act, the declaration of a state of public health emergency shall be terminated automatically thirty (30) days unless renewed by the Governor under the same standards and procedures set forth in Sections 1 to 38 of this Act. Any renewal shall also be terminated automatically after thirty (30) days unless renewed by the Governor under the same standards and procedures set forth in Sections 1 to 38 of this Act.

(3)     By a majority vote of both chambers, the General Assembly may terminate the declaration of a state of public health emergency after sixty (60) days at any time from the date of original declaration 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, or a significant risk of substantial future harm to 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. A termination by the General Assembly shall override any renewal by the Governor.

(4)     All orders or legislative actions terminating a declaration of a state of public health emergency shall indicate the nature of the emergency, any area that was threatened, and the conditions that make possible the termination of the state of public health emergency.

ARTICLE V. SPECIAL POWERS DURING A STATE OF PUBLIC HEALTH EMERGENCY: MANAGEMENT OF PROPERTY

SECTION 15.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

The public health authority may exercise, for any period as the state of public health emergency exists, the following powers over dangerous facilities or materials:

(1)     Close, direct and compel the evacuation of, or decontaminate or cause to be decontaminated any facility of which there is reasonable cause to believe that it may endanger the public health; and

(2)   Decontaminate, cause to be decontaminated, or destroy any material of which there is reasonable cause to believe that it may endanger the public health.

SECTION 16.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

The public health authority may exercise, for the period during which the state of public health emergency exists, the following powers concerning facilities, materials, roads, or public areas:

(1)     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 thereof. Materials and facilities include, but are not limited to, communication devices, carriers, real estate, fuels, food, and clothing;

(2)     Compel 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 as a condition of licensure, authorization, or the ability to continue doing business in the state as a health care facility. The use of the health care facility may include transferring the management and supervision of the health care facility to the public health authority for a limited or unlimited period of time but shall not exceed the termination of the declaration of a state of public health emergency;

(3)     Inspect, control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, price fixing, 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; and

(4)     For the control of roads and public areas:

(a)      Prescribe routes, modes of transportation, and destinations in connection with evacuation of persons or the provision of emergency services; and

(b)      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 therein, if the action is reasonable and necessary to respond to the public health emergency.

SECTION 17.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1) The public health authority may exercise, for any period as the state of public health emergency exists, the following powers regarding 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 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 the action is reasonable and necessary to respond to the public health emergency. The use of the business, facility, or property may include transferring the management and supervision of the business, facility, or property to the public health authority for a limited or unlimited period of time but shall not exceed the termination of the declaration of a state of public health emergency; and

(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 this 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 thereof.

(2)     All bags, boxes, or other containers for infectious waste shall be clearly identified as containing infectious waste and, if known, the type of infectious waste.

SECTION 18.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     The public health authority may exercise, for the period as the state of public health emergency exists, the following powers regarding 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. The 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 of any human remains of a person who has died of a contagious disease through burial or cremation within twenty-four (24) hours after death. 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 human remains;

(d)      Require any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this state to accept any human remains or provide the use of its business or facility if the actions are reasonable and necessary to respond to the public health emergency. The use of the business or facility may include transferring the management and supervision of the business or facility to the public health authority for a limited or unlimited period of time but shall not exceed the termination of the declaration of a state of public health emergency; and

(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 this state as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession.

(2)     Every human remains prior to disposal shall be clearly labeled with all available information to identify the decedent and the circumstances of death. Any human remains of a deceased person with a contagious infectious disease shall have an external and clearly visible tag indicating that the human remains is infected and, if known, the contagious disease.

(3)     Every person in charge of disposing of any human remains shall maintain a written or electronic record of each 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 shall, to the extent possible, take fingerprints and photographs of the human remains, obtain identifying dental information, and collect a DNA specimen. All information gathered under this paragraph shall be promptly forwarded to the public health authority.

SECTION 19.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     The 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.

(2)     If a state of public health emergency results in a statewide or regional shortage or threatened shortage of any product covered by subsection (1) of this section, whether or not the product has been purchased by the public health authority, the public health authority may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, allocations 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 Commonwealth.

(3)     In making rationing or other supply and distribution decisions, the public health authority may give preference to health care providers, disaster response personnel, and mortuary staff.

(4)     During a state of public health emergency, the 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 thereof. If a public health emergency simultaneously affects more than one (1) 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 these items or preventing their fair and equitable distribution among affected states.

SECTION 20.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

The Commonwealth 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 Sections 1 to 38 of this Act according to the procedures and standards set forth in Sections 1 to 38 of this Act. Compensation shall not be provided for facilities or materials that are closed, evacuated, decontaminated, or destroyed if there is reasonable cause to believe that they may endanger the public health under the provisions of Sections 1 to 38 of this Act.

SECTION 21.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

To the extent practicable and consistent with the protection of public health, prior to the destruction of any property under Sections 1 to 38 of this Act, the public health authority shall institute appropriate civil proceedings against the property to be destroyed in accordance with the existing laws and rules of the courts of this Commonwealth 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 these proceedings shall, after entry of the decree, be disposed of by destruction as the court may direct.

ARTICLE VI. SPECIAL POWERS DURING A STATE OF PUBLIC HEALTH EMERGENCY: PROTECTION OF PERSONS

SECTION 22.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

During a state of public health emergency, the public health authority shall use every available means to prevent the transmission of infectious disease and to ensure that all cases of contagious disease are subject to proper control and treatment.

SECTION 23.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     During a state of public health emergency, the public health authority may perform physical examinations or tests, or both, as necessary for the diagnosis or treatment of individuals.

(2)     (a)      Medical examinations or tests conducted under this section shall be performed by any qualified person authorized to do so by the public health authority.

(b)      Medical examinations or tests shall not be performed if they are likely to lead to serious harm to the affected individual.

(c)      The public health authority may isolate or quarantine, pursuant to the provisions of Sections 1 to 38 of this Act, any person whose refusal of medical examination or testing 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.

SECTION 24.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     (a)      During a state of public health emergency, the public health authority may vaccinate persons as necessary to address the public health emergency, protect against infectious disease, and prevent the spread of contagious or possibly contagious disease.

(b)      Vaccination shall be performed by a qualified person authorized to do so by the public health authority.

(c)      Any vaccine that is being considered for administration shall not be a vaccine that is reasonably likely to lead to serious harm to the affected individual.

(d)      The public health authority may isolate or quarantine, pursuant to the provisions of Sections 1 to 38 of this Act, persons who are unable or unwilling for reasons of health, religion, or conscience to undergo vaccination under this section, in order to prevent the spread of contagious or possibly contagious disease.

(2)     (a)      During a state of public health emergency, the public health authority may treat persons exposed to or infected with disease.

(b)      Treatment shall be administered by a qualified person authorized to do so by the public health authority.

(c)      Treatment that is to be given shall not be treatment that is reasonably likely to lead to serious harm to the affected individual.

(d)      The public health authority may isolate or quarantine, pursuant to the provisions of Sections 1 to 38 of this Act, persons who are unwilling for reasons of health, religion, or conscience to undergo treatment under this section, in order to prevent the spread of contagious or possibly contagious disease.

SECTION 25.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     (a)      During a public health emergency, the public health authority may isolate or quarantine an individual or group of individuals. This shall include individuals or groups who have not been vaccinated, treated, tested, or examined under Sections 23 and 24 of this Act.

(b)      The public health authority may establish and maintain places of isolation and quarantine, establish rules, and make orders.

(c)      Failure to obey the rules, orders, or provisions established under this section shall constitute a class A misdemeanor.

(2)     The public health authority shall adhere to the following conditions and principles when isolating or quarantining individuals or groups of individuals:

(a)      Isolation and 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 are not limited to, confinement to private homes or other private and public premises;

(b)      Isolated individuals shall be confined separately from quarantined individuals;

(c)      The health status of isolated or quarantined individuals shall be monitored regularly to determined if they require isolation or separation;

(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 promptly be 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 persons isolated and quarantined shall be addressed in a systematic and competent fashion including but not limited to providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care;

(g)      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; and

(h)     To the extent possible, cultural and religious beliefs should be considered in addressing the needs of individuals and establishing and maintaining isolation and quarantine premises.

(3)     Persons subject to isolation or quarantine shall obey the public health authority’s rules and orders, and shall not go beyond the isolation or quarantine premises. Failure to obey these provisions shall constitute a class A misdemeanor.

(4)     (a)      The 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 the public health authority, shall enter isolation or quarantine premises. Failure to obey this provision shall constitute a class A misdemeanor.

(c)      Any person entering an isolation or quarantine premises with or without authorization of the public health authority may be isolated or quarantined under this section.

SECTION 26.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     During a public health emergency, the isolation and quarantine of an individual or groups of individual shall be undertaken in accordance with the procedures set forth in this section.

(2)     (a)      The public health authority may temporarily isolate or quarantine an individual or groups of individuals 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.

(b)      The written directive shall specify the following:

1.      The identity of the individual or group of individuals subject to the 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; and

5.      A copy of the provisions Section 4 of this Act, Section 25 of this Act, and this section.

(c)     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 impracticable to provide individual copies, it may be posted in a conspicuous place in the isolation or quarantine premises.

(d)      Within ten (10) days after issuing the written directive, the public health authority shall file a petition under this section for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or group of individuals.

(3)     (a)      The public health authority shall make a written petition to the trial court for an order authorizing the isolation or quarantine of an individual or group of individuals if isolation or quarantine are appropriate and sought under the terms of Sections 1 to 38 of this Act.

(b)     A petition under this subsection shall specify the following:

1.      The identity of the individual or group of individuals subject to the 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 statement of compliance with the conditions and principles for isolation and quarantine under Section 25 of this Act; and

6.      A statement of the basis upon which isolation or quarantine is justified under Sections 1 to 38 of this Act.

         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 accomplished within twenty-four (24) hours in accordance with the Kentucky Rules of Civil Procedure.

(d)     A hearing shall be held on any petition filed under this subsection within five (5) days of filing the petition. In extraordinary circumstances and for good cause shown, the public health authority may apply to continue the hearing date for up to ten (10) days. The court may grant the continuance in its discretion, giving consideration 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)      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.

1.      An order authorizing isolation or quarantine may do so for a period not to exceed thirty (30) days.

2.      The order shall identify the isolated or quarantined individuals or group of individuals by name or shared or similar characteristics or circumstances, specify factual findings warranting isolation or quarantine pursuant to Sections 1 to 38 of this Act, include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of Sections 1 to 38 of this Act, and be served on affected individuals or groups of individuals in accordance with the Kentucky Rules of Civil Procedure.

(f)      Prior to the expiration of an order issued under this subsection, the public health authority may move to continue isolation or quarantine for additional periods not to exceed thirty (30) days each. The court shall consider the motion in accordance with the standards identified in this section for consideration of the original order.

(4)     (a)     An individual or group of individuals isolated or quarantined under Sections 1 to 38 of 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 forty-eight (48) hours of its filing. If the court grants the application, the court shall schedule a hearing on the order to show cause within twenty-four (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)     An individual or group of individuals isolated or quarantined pursuant to Sections 1 to 38 of 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.

1.      Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief, the court shall fix a date for hearing on the matters alleged not more than twenty-four (24) hours from receipt of the request.

2.      For all other requests for relief under this subsection, the court shall fix a date for hearing on the matters alleged within five (5) days from receipt of the request.

(c)     In any proceedings brought for relief under this subsection, in extraordinary circumstances and for good cause shown, the public health authority may move the court to extend the time for a hearing, and the court may grant the extension 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.

(5)     A record of the proceedings pursuant to this section shall be made and retained. In the event that, given a state of public health emergency, the parties cannot personally appear before the court, proceedings may be conducted by their authorized representatives and be held by any means that allows all parties to fully participate.

(6)     The court shall appoint counsel at state expense to represent individuals or groups of individuals who are or who are about to be isolated or quarantined pursuant to the provisions of Sections 1 to 38 of this Act 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 and shall last throughout the duration of the isolation or quarantine of the individual or groups of individuals. The public health authority shall provide adequate means of communication between such individuals or groups and their counsel.

(7)     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 where:

(a)      The number of individuals involved or to be affected is so large as to render individual participation impractical;

(b)      There are questions of law or fact common to the individual claims or rights to be determined;

(c)      The group's claims or rights to be determined are typical of the affected individuals’ claims or rights; and

(d)      The entire group will be adequately represented in the consolidation.

SECTION 27.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1) The public health authority may, for any period during which the state of public health emergency exists, collect specimens and perform tests on living persons as provided in Sections 1 to 38 of this Act or upon deceased persons or animals, and acquire any previously collected specimens or test results that are reasonable and necessary to respond to the public health emergency.

(2)     All specimens shall be clearly marked.

(3)   Specimen collection, handling, storage, and transport to the testing site shall be performed in a manner that shall reasonably preclude specimen contamination or adulteration and provide for the safe collection, storage, handling, and transport of the specimen.

(4)     Any person authorized to collect specimens or perform tests shall use chain of custody procedures to ensure proper recordkeeping, handling, labeling, and identification of specimens to be tested. This requirement shall apply to all specimens, including specimens collected using on-site testing kits.

(5)   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 any support as reasonable and necessary to aid in a relevant criminal investigation.

SECTION 28.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     Access to protected health information of patients who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by the public health authority shall be limited to those persons who:

(a)      Have a legitimate need to acquire or use the information for purposes of providing treatment or care to the individual who is the subject of the health information;

(b)      Are conducting epidemiologic research; or

(c)      Are investigating the causes of transmission.

(2)   Protected health information held by the public health authority shall not be disclosed to others without individual written specific informed consent, except for disclosures made:

(a)      Directly to the individual;

(b)     To the individual’s immediate family members or personal representative;

(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; or

(e)     To identify a deceased individual or determine the manner or cause of death.

SECTION 29.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     The public health authority may, during any period in which a state of public health emergency exists, require in-state health care providers to assist in the performance of vaccination, treatment, examination, or testing of any individual as a condition of licensure, certification, relicensure, or recertification, or as a condition to continue practicing within the scope of practice of the health care providers.

(2)     (a)      The public health authority may appoint and prescribe the duties of out-of-state emergency health care providers as may be reasonable and necessary for emergency response during any period in which a state of public health emergency exists.

(b)      The appointment of out-of-state emergency health care providers under this section may be for a limited or unlimited time but shall not exceed the termination of the state of public health emergency. The public health authority may terminate 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 Commonwealth.

(c)      The public health authority may waive any or all licensing requirements, permits, or fees required by the Kentucky Revised Statutes and applicable orders, rules, or administrative regulations for health care providers from other jurisdictions to practice in this Commonwealth.

(d)      Any out-of-state emergency health care provider appointed under this section shall not be held liable for any 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.

(3)     (a)      The public health authority may authorize the 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 during any period in which a state of public health emergency exists.

(b)      The appointment of emergency assistant medical examiners or coroners under this section may be for a limited or unlimited time but shall not exceed the termination of the state of public health emergency. The medical examiner or coroner may terminate emergency appointments at any time or for any reason if the termination will not impede the performance of the duties of the office.

(c)      The medical examiner or coroner may waive any or all licensing requirements, permits, or fees required by the Kentucky Revised Statutes and applicable orders, rules, or administrative regulations for the performance of these duties.

(d)      Any emergency assistant medical examiner or coroner appointed under this section who acts without malice and within the scope of the prescribed duties shall be immune from civil liability in the performance of these duties.

ARTICLE VII. PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCY

SECTION 30.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     The public health authority shall inform the people of the Commonwealth when a state of public health emergency has been declared or terminated, how to protect themselves during the emergency, and what actions are being taken to control the emergency.

(2)     The public health authority shall provide information by all available and reasonable means that is calculated to bring the information promptly to the attention of the general public.

(3)     If the public health authority has reason to believe there are large numbers of people of the Commonwealth 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 languages of those people as well as in English.

(4)     The provision of information shall be made in a manner accessible to individuals with disabilities.

SECTION 31.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

During and after the declaration of 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.

ARTICLE VIII. MISCELLANEOUS

SECTION 32.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

The public health authority and other affected agencies are authorized to promulgate and implement rules and regulations as are reasonable and necessary to implement and effectuate the provisions of Sections 1 to 38 of this Act. The public health authority shall have the power to enforce the provisions of Sections 1 to 38 of this Act through the imposition of fines and penalties, the issuance of orders, and such other remedies as are provided by law, but nothing in this section shall be construed to limit specific enforcement powers enumerated in Sections 1 to 38 of this Act.

SECTION 33.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     The Governor may transfer from any fund available to the Governor in the Treasury any sums as may be necessary during a state of public health emergency.

(2)     Funds transferred shall be repaid to the fund from which they were transferred when funds become available for that purpose, by legislative appropriation or otherwise.

(3)     A transfer of funds by the Governor under the provisions of this section may be made only when one (1) or more of the following conditions exist:

(a)     No appropriation or other authorization is available to meet the public health emergency;

(b)     An appropriation is insufficient to meet the public health emergency; or

(c)      Federal funds available for the public health emergency require the use of state or other public funds.

(4)     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 funds authorized under this section without the approval of the Governor;

(b)      The aggregate amount of all expenses incurred under the provisions of this section shall not exceed two million dollars ($2,000,000) for any fiscal year; and

(c)      Funds 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 they were authorized. Funds authorized for a public health emergency in prior fiscal years and expended in subsequent fiscal years for the pubic health emergency for which they were authorized shall apply toward the two million dollars ($2,000,000) expense limit for the fiscal year in which they were authorized.

SECTION 34.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     Neither the Commonwealth, its political subdivisions, nor, except in cases of gross negligence or willful misconduct, the Governor, the public health authority, or any other state official referenced in Sections 1 to 38 of this Act shall 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 Sections 1 to 38 of this Act or any rule or administrative regulations promulgated pursuant to Sections 1 to 38 of this Act.

(2)     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 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 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 or damage to the property of the person.

(3)     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 Sections 1 to 38 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.

(4)     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 Commonwealth or its political subdivisions under the provisions of Sections 1 to 38 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.

(5)     The immunities provided in this section shall not apply to any private person, firm, or corporation or 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 therefor.

SECTION 35.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)   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 Sections 1 to 38 of this Act.

(2)     Any action against the Commonwealth with regard to the payment of compensation shall be brought in the courts of this Commonwealth 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.

(3)     The amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to nonemergency eminent domain procedures, as provided in KRS Chapter 416, except that the amount of compensation calculated for items obtained under Sections 1 to 38 of this Act shall be limited to the costs incurred to produce the item.

SECTION 36.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

The provisions of Sections 1 to 38 of this Act are severable. If any provision of Sections 1 to 38 of this Act or its application to any person or circumstances is held invalid in a federal or state court having jurisdiction, the invalidity shall will not affect other provisions or applications of Sections 1 to 38 of this Act that can be given effect without the invalid provision or application.

SECTION 37.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

Sections 1 to 38 of this Act shall not be construed to explicitly preempt other laws or regulations that preserve to a greater degree the powers of the Governor or public health authority, provided the laws or regulations are consistent and do not otherwise restrict or interfere with the operation or enforcement of the provisions of Sections 1 to 38 of this Act.

SECTION 38.   A NEW SECTION OF KRS CHAPTER 39A IS CREATED TO READ AS FOLLOWS:

(1)     Sections 1 to 38 of this Act shall not be construed to restrict any person from complying with federal laws or regulations.

(2)     If a conflict exists between Sections 1 to 38 of this Act and other state or local laws or administrations regulations concerning public health powers, the provisions of Sections 1 to 38 of this Act shall control.

Section 39.   Whereas it is vital that the Commonwealth be thoroughly prepared to respond to a public health emergency at the earliest possible date, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.

 

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.