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A00099 Summary:

BILL NOA00099
 
SAME ASNo Same As
 
SPONSORPerry
 
COSPNSR
 
MLTSPNSR
 
Add §2120-a, Pub Health L
 
Relates to the removal of cases, contacts and carriers of communicable diseases that are potentially dangerous to the public health.
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A00099 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A99
 
SPONSOR: Perry
  TITLE OF BILL: An act to amend the public health law, in relation to the removal of cases, contacts and carriers of communicable diseases who are potentially dangerous to the public health   PURPOSE: To allow the governor or the appropriate health official to order the removal and detention of any person afflicted with a communicable disease in the event that there is a state of health emergency declared by the governor in relation to such disease.   SUMMARY OF PROVISIONS: Section one of the bill adds § 2120-a to the public health law relating to the removal and detention of cases, contacts, and carriers who are or may be a danger to public health; other orders. Subdivision 1 defines the circumstances that the provisions of this section shall be utilized in the event that the governor declares a state of health emergency due to an epidemic of any communicable disease. Subdivision 2 authorizes under clear and convincing evidence that the governor or his delegate may order the removal and/or detention of such a person or of a group of such persons by issuing a single order. The evidence should conclude that the health of others may be endangered by a case, contact, or carrier or of one of suspect of a communicable disease and that after consultation with the commissioner, may pose an imminent and significant threat to the public health resulting in severe morbidity or high mortality. Such persons or group of people shall be detained in a medical facility or other appropriate facility designated by the governor or his or her delegate. Subdivision 3 requires that any person or group removed or detained by order of the governor or his or her delegate shall be detained for as long as the department may direct. Paragraph a of subdivision 4 requires the release of an afflicted person pursuant to subdivision two after the department determines that such person is no longer contagious. Paragraph b requires the release of a suspected case or carrier after the department determines, with the exercise of due diligence that such person is not infected with or has not been exposes to such disease, and no longer is or will become contagious. Paragraph c requires the release of a detained person after the depart- ment determines that the person is not infected with disease or that such person no longer presents a potential danger to the health of others. Paragraph d requires the release of a contact of a suspected case after the department determines that the suspected case was not infected with such a disease, or was not contagious at the time the contact was exposed to such individual, or after the department determines that the contact no longer presents a potential danger to the health of others. Subdivision 5 requires that a detained person must have his or her medical condition and needs assessed and addressed on a regular basis and that the individual be detained in a manner consistent with proper isolation and infection control principles in order to minimize the likelihood of transmission of infection. Subdivision 6 provides that when a person or group who are detained for a period not exceeding three business days, he, she, or they, upon request, shall be afforded an opportunity to be heard.If said persons need to be detained beyond three business days, they shall be provided with an additional commissioner's order pursuant to subdivisions two and eight of this section. Subdivision 7 requires that a person or group are detained for a period exceeding three business days and requests release, the governor, or his or her delegate, shall make an application for a court order authorizing such detention. The application shall include a request for an expedited hearing. Detention shall not continue for more than five business days in the absence of a court order authorizing such detention. In no event will a person be detained for more than sixty days without a court order. The governor or his or her delegee shall seek further court review of such detention within ninety days following the initial court order authorizing detention and thereafter within ninety days of each subsequent court review. In order for the removal or detention of a person or group issued pursuant or the further detention thereof, the governor or his or her delegee shall prove the particularized circum- stances constituting the necessity for such detention by clear and convincing evidence. Paragraph a of subdivision 8 requires a copy of any detention order of the governor be given to each detained individual.If the order applies to a group of individuals, the order may be posted in a conspicuous place in detention premises and is required to contain the purpose of the detention and legal authority under which the order is issued, including the particular sections of this article or other law or regu- lation, as well as a notice advising the person or group being detained that they have the right to request release from detention, including instructions on how to make such request. This paragraph also includes a notice advising the person or group being detained that they have a right to be represented by legal counsel and that upon request of such person or group will be facilitated to the extent under the circum- stances. A notice shall also be provided advising the person or group being detained that they may supply the addresses and/or telephone numbers of friends and relatives to receive notification of the person's detention. Paragraph b authorizes that the person or group being detained shall not continue to be so for more than five business days after request for release has been made in the absence of a court order authorizing such detention. In addition, the person or group being detained shall be advised that regardless of whether they asked to be released or not, that the governor or his or her delegee must obtain a court order authorizing detention within sixty days after the detention has begun and thereafter must further seek court review of the detention within ninety days of such court order and within ninety days of each court review thereafter This paragraph also requires that the person or group being detained be advised that they have the right to request that legal counsel be provided and that upon such request, counsel shall be provided if and to the extent possible under the circumstances, and that if counsel is so provided, that such counsel will be notified that the person or group has requested legal representation. Subdivision 9 authorizes that a person detained in a medical facility or other appropriate facility shall not conduct his or her self in a disor- derly manner, and shall not leave or attempt to leave such facility until he or she is discharged. Subdivision 10 requires that language interpreters and persons skilled in communicating with vision and hearing impaired individuals shall be provided under feasible circumstances. Subdivision 11 authorizes that the provisions of this section shall not apply to the issuance of orders pursuant to Section 11.21 of the New York City Health Code. Subdivision 12 authorizes the governor to reserve the right to issue and seek enforcement of any other orders that he or she determines are necessary. In order to prevent transmission of the contagious disease, testing or medical examination of persons to complete an appropriate, prescribed course of treatment, preventative medication, or vaccination. If said person has been contaminated with dangerous amounts of radioac- tive materials or toxic chemicals, such that the individual may present a danger to others, and will be subject to decontamination procedures deemed necessary by the department. Subdivision 13 allows that the provisions of this section shall not be construed to permit or require the forcible administration of any medication without a prior court order. Section two of the bill provides the effective date.   JUSTIFICATION: A communicable disease is defined as any disease that can be transmitted from one person or animal to another. It is important for both persons suspected of being afflicted with a communicable disease as well as those around them to be properly protected. Currently, The Secretary of the Department of Health and Human Services has statutory responsibility for preventing the introduction, transmission, and spread of communica- ble diseases in the United States. Under its delegated authority, the Division of Global Migration and Quarantine works to fulfill this responsibility through a variety of activities, including Quarantine Stations, as well as standards for medical examinations.The legal foun- dation tor these activities is found in Titles 8 and 42 of the U.S. Code and relevant supporting regulations. The process of removing persons who may have or are suspected to have been afflicted with a communicable disease is necessary to public health. The swift actions taken by health officials in lieu of the Ebola virus outbreak in the United States are a demonstration of how swift and proper action can be of great benefit to public health. The removal and detainment of individuals who may be a risk to public health as a result of a communicable disease is necessary so that the danger of the spread of the disease is not a threat to the public. Isolation may be used for ill people, to protect the public by preventing exposure to infected people. Quarantine may be used to restrict the movement of well people who may have been exposed to a communicable disease until it can be determined if they are ill, for example, people who have a communicable disease but do not know it, or may have the disease because of close contact with ill people but do not show symptoms.State and local governments are primarily responsible for maintaining public health and controlling the spread of diseases within state borders.Among other state public health emergency preparedness powers, every state, the District of Columbia and most territories have laws authorizing quarantine and isolation, usually through the state's health authority. The federal government has authority as well, through the Centers for Disease Control and Prevention (CDC), to monitor and respond to the spread of communicable diseases across national or state borders, or if the state government is unwilling or unable to effec- tively respond.   PRIOR LEGISLATIVE HISTORY: 2017-2018: A.680 - Referred to Health 2015-2016: A.6891 - Referred to Health   EFFECTIVE DATE: Thirty days after becoming a law except that any rules or regulations necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
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