ASSEMBLY, No. 1773

STATE OF NEW JERSEY

210th LEGISLATURE

INTRODUCED FEBRUARY 11, 2002

Sponsored by:

Assemblyman FRANCIS L. BODINE

District 8 (Burlington)

Assemblyman LARRY CHATZIDAKIS

District 8 (Burlington)

SYNOPSIS

Establishes Public Health Emergency Planning Commission and provides for public health emergency response plan.

CURRENT VERSION OF TEXT

As introduced.

An Act concerning public health emergency response preparation, amending P.L.1947, c.177 and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) The Legislature finds and declares that:

a. The terrorist attacks of September 11, 2001 have generated widespread concerns among the general public and public policymakers, both in this State and nationally, about the preparedness of the public health system for a public health emergency that could result from the use of biological or chemical agents by terrorists;

b. The continuing threat of further terrorist attacks clearly indicates the need for a systematic effort to plan and prepare for such a public health emergency on an urgent basis by such means as are provided for in this act, in order to protect the health, safety and general welfare of the citizens of New Jersey; and

c. The Commissioner of Health and Senior Services and local health officials have general statutory authority, pursuant to R.S.26:4-2, to take specified actions to protect the public health in a public health emergency, including the definition of communicable diseases, the declaration of an epidemic; requiring the reporting of communicable diseases, isolation and quarantine, the removal of infected persons, the disinfection of premises, and the removal and destruction of infected property; however, these actions should be taken in the context of a carefully prepared and comprehensive public health emergency response plan that is designed to adequately protect the public health without unnecessarily infringing upon individual rights.

d. The establishment of a public health emergency planning commission as provided in this act is consistent with the provisions of proposed model emergency health powers legislation that was commissioned by the federal Centers for Disease Control and Prevention, in collaboration with the National Governors Association, the National Conference of State Legislatures, the National Association of Attorneys General, the Association of State and Territorial Health Officials and the National Association of County and City Health Officers, and was drafted by the Center for Law and the Public's Health at Georgetown and Johns Hopkins Universities.

2. (New section) As used in this act:

"Bioterrorism" means the intentional use of a microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or a naturally occurring or bioengineered component of any such microorganism, virus, infectious substance or biological product, to cause death, disease, or other biological malfunction in a human, animal, plant or other living organism in order to influence the conduct of government or to intimidate or coerce a civilian population.

"Commission" means the Public Health Emergency Planning Commission established pursuant to this act.

"Commissioner" means the Commissioner of Health and Senior Services.

"Plan" means the public health emergency response plan developed by the commission.

"Public health emergency" means an occurrence or imminent threat of an illness or health condition that is believed to be caused by bioterrorism or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin, and poses a high probability of a large number of deaths or serious or long-term disabilities, or 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.

3. (New section) a. There is established the Public Health Emergency Planning Commission in the Department of Health and Senior Services to develop a public health emergency response plan, as described in subsection b. of this section, which the Commissioner of Health and Senior Services shall adopt by regulation, and to monitor and provide advice to the commissioner on the implementation of the plan. The commission shall review the adopted plan, and revise and update it, as necessary but at least annually.

(1) The commission shall consist of 21 members as follows: the Commissioners of Health and Senior Services, Human Services and Education, the Attorney General, the State Treasurer, the Adjutant General of the Department of Military and Veterans' Affairs, and the Superintendent of State Police, or their designees, and a representative of the Domestic Security Preparedness Planning Group in the Department of Law and Public Safety established pursuant to section 8 of P.L.2001, c.246 (C.App.A:9-71), who shall serve ex officio; two members of the Senate and two members of the General Assembly to be appointed by the President of the Senate and the Speaker of the General Assembly, respectively, who shall in each case be of different political parties; and nine public members, to be appointed by the Governor with the advice and consent of the Senate no later than the 30th day after the date of enactment of this act, as follows: one person upon the recommendation of the New Jersey Public Health Association; one person upon the recommendation of the Medical Society of New Jersey; one person upon the recommendation of the New Jersey Hospital Association; one person upon the recommendation of the University of Medicine and Dentistry of New Jersey; one person upon the recommendation of the New Jersey State Nurses Association; one person upon the recommendation of the New Jersey First Aid Council, Inc.; one person upon the recommendation of the American Red Cross; and two members of the public with a demonstrated expertise in issues relating to public health emergencies.

(2) The members of the commission shall serve for terms of three years; except that, of the public members first appointed by the Governor, three shall serve for terms of one, two and three years, respectively. Each member shall hold office for the term of his appointment and until his successor has been appointed and qualified. A member of the commission is eligible for reappointment. Vacancies in the membership of the commission shall be filled in the same manner provided for the original appointments.

(3) The commissioner or the commissioner's designee shall serve as chairperson of the commission. The commission shall organize as soon as practicable following the appointment of its members and shall select a vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the commission.

(4) The commission may meet and hold hearings at the places it designates during the sessions or recesses of the Legislature. The public members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the commission.

(5) The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes.

(6) The Department of Health and Senior Services shall provide staff support to the commission.

(7) The commission shall complete its development of the plan no later than six months after the initial meeting of the commission.

b. The public health emergency response plan required pursuant to subsection a. of this section shall include, but not be limited to, provisions concerning the following:

(1) communications with the public during a public health emergency;

(2) central coordination of resources, manpower and services, including the coordination of responses by State, local and federal government agencies;

(3) 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;

(4) evacuation, housing and feeding of affected persons;

(5) identification and training of health care providers to diagnose and treat persons with infectious diseases;

(6) vaccination;

(7) 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;

(8) the safe disposal of infectious wastes and human remains;

(9) the safe and effective control of persons isolated, quarantined, vaccinated, tested or treated during a public health emergency;

(10) tracking the source and outcomes of infected persons; and

(11) ensuring that municipalities and counties within the State identify: sites where persons can be isolated or quarantined, where medical supplies, food and other essentials can be distributed to the population, and where public health and emergency workers can be housed and fed; and routes and means of transportation of persons and materials; and

(12) cultural norms, values, religious principles and traditions that may be relevant to the development and operation of the plan.

c. The commissioner shall provide for distribution of the plan to those entities that will be responsible for its implementation, and shall make information about the plan available to the general public, for their review and comments.

4. (New section) The commissioner shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act; except that, notwithstanding any provision of P.L.1968, c.410 to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such regulations as the commissioner deems necessary to implement the provisions of this act, which shall be effective for a period not to exceed six months and may thereafter be amended, adopted or readopted by the commissioner in accordance with the requirements of P.L.1968, c.410.

5. Section 15 of P.L.1947, c.177 (C.26:1A-15) is amended to read as follows:

15. The commissioner, in addition to his powers and duties otherwise provided in this act or by any other law, shall:

a. Exercise all functions and powers of the department not specifically vested in the Public Health Council by this act;

b. Adopt rules and regulations governing the internal management of the department;

c. Administer the work of the department;

d. Enforce all laws relating to the health of the people of the State, and all provisions of the State Sanitary Code;

e. Administer all laws which are by their terms included under his jurisdiction or under the jurisdiction of the department;

f. Maintain liaison with local, State and Federal officials and agencies concerned with matters of public health or otherwise related to the functions of the department;

g. Report to the Governor, the Legislature, and the Public Health Council, with respect to the work of the department, on March fifteenth of each year and at such other times as he may deem in the public interest;

h. Institute or cause to be instituted such legal proceedings or processes as may be necessary properly to enforce and give effect to any of his powers or duties as prescribed in this act;

i. Cause studies to be made to determine whether the recognized public health activities of local health departments are being conducted and whether minimum standards of performance are being met in all municipalities of the State and for the purposes of this subsection, the commissioner shall recommend and the Public Health Council shall prescribe what are to be considered as "recognized public health activities" and "minimum standards of performance";

j. Require local boards of health to establish and maintain a program of recognized public health activities and to meet minimum standards of performance as prescribed by the Public Health Council in accordance with the provisions of subsection "i" of this section; and

k. Oversee public health emergency response preparation and implementation in consultation with the Public Health Emergency Planning Commission established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1947, c.177, s.15)

6. This act shall take effect immediately.

STATEMENT

This bill establishes a Public Health Emergency Planning Commission in the Department of Health and Senior Services to develop a public health emergency response plan, which the Commissioner of Health and Senior Services shall adopt by regulation, and to monitor and provide advice to the commissioner on the implementation of the plan. The commission is required to review the adopted plan, and revise and update it, as necessary but at least annually.

The Public Health Emergency Planning Commission is to consist of 21 members as follows:

-- the Commissioners of Health and Senior Services, Human Services and Education, the Attorney General, the State Treasurer, the Adjutant General of the Department of Military and Veterans' Affairs, and the Superintendent of State Police, or their designees, and a representative of the Domestic Security Preparedness Planning Group in the Department of Law and Public Safety, who shall serve ex officio;

-- two members of the Senate and two members of the General Assembly to be appointed by the President of the Senate and the Speaker of the General Assembly, respectively, who shall in each case be of different political parties; and

-- nine public members, to be appointed by the Governor with the advice and consent of the Senate no later than the 30th day after the date of enactment of the bill, who will include representatives from the New Jersey Public Health Association, the Medical Society of New Jersey, the New Jersey Hospital Association, the University of Medicine and Dentistry of New Jersey, the New Jersey State Nurses Association, the New Jersey First Aid Council, Inc., the American Red Cross, and the general public.

The bill directs the commission to complete its development of the public health emergency response plan no later than six months after the initial meeting of the commission.

The plan is to include, but not be limited to, provisions concerning the following:

• communications with the public during a public health emergency;

• central coordination of resources, manpower and services, including the coordination of responses by State, local and federal government agencies;

• 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;

• evacuation, housing and feeding of affected persons;

• identification and training of health care providers to diagnose and treat persons with infectious diseases;

• vaccination;

• 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;

• the safe disposal of infectious wastes and human remains;

• the safe and effective control of persons isolated, quarantined, vaccinated, tested or treated during a public health emergency;

• tracking the source and outcomes of infected persons;

• ensuring that municipalities and counties within the State identify: sites where persons can be isolated or quarantined, where medical supplies, food and other essentials can be distributed to the population, and where public health and emergency workers can be housed and fed; and routes and means of transportation of persons and materials; and

• cultural norms, values, religious principles and traditions that may be relevant to the development and operation of the plan.

The bill further directs the commissioner to provide for distribution of the public health emergency response plan to those entities that will be responsible for its implementation, and to make information about the plan available to the general public, for their review and comments.