SB1311 - 521R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-782, Arizona Revised Statutes, is amended to read:

START_STATUTE36-782. Enhanced surveillance advisory

A. The governor, in consultation with the president of the senate, the speaker of the house of representatives and the director, may issue an enhanced surveillance advisory if the governor has reasonable cause to believe that an illness, health condition or clinical syndrome caused by bioterrorism, epidemic or pandemic disease or a highly fatal and highly infectious agent or biological toxin with significant numbers of deaths and illness has occurred or may occur or that there is a public event that could reasonably be the object of a bioterrorism event. The illness or health condition may not include acquired immune deficiency syndrome or any other infection caused by the human immunodeficiency virus.

B. As determined by the governor after considering the least restrictive measures necessary that are consistent with public health and safety, the enhanced surveillance advisory shall direct the following in accordance with this article:

1. Those persons and entities required to report.

2. The clinical syndromes, any illness or health condition that may be associated with bioterrorism or a specific illness or health condition to be reported.

3. Patient tracking.

4. Information sharing.

5. Specimen testing coordination.

C. The director shall notify local health authorities before the governor issues an enhanced surveillance advisory. The department and local health authorities shall provide the enhanced surveillance advisory to those persons and entities required by the advisory to report pursuant to this article by using any available means of communication. This article does not alter the department's or a local health authority's ability to monitor community health status or implement control measures for the early detection of communicable and preventable diseases otherwise allowed by law.

D. Before the governor issues an enhanced surveillance advisory, the department and local health authorities must meet with representatives of persons or institutions who that will be affected by the enhanced surveillance advisory pursuant to section 36‑783, subsections A, B and C. If, because of an immediate threat to the public health, the department and local health authorities are not able to hold this meeting before the governor issues the advisory, the meeting must take place within seventy‑two hours after the governor issues the advisory.

E. To the extent possible, the department and local health authorities shall share department and local health authority personnel, equipment, materials, supplies and other resources to assist persons and institutions affected to implement the terms of the advisory.

F. At the governor's direction, the department may use reasonable efforts to assist the persons and institutions to receive reimbursement of costs incurred because of the implementation of the advisory.

G. An enhanced surveillance advisory may be revised or terminated at any time by the director and automatically terminates after sixty days, unless renewed by the governor. END_STATUTE

Sec. 2. Section 36-787, Arizona Revised Statutes, is amended to read:

START_STATUTE36-787. Public health authority during state of emergency or state of war emergency

A. During a state of emergency or state of war emergency that is declared by the governor in which there is an occurrence or imminent threat of an illness or health condition that is caused by bioterrorism, an epidemic or pandemic disease or a 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, the department shall coordinate all matters pertaining to the public health emergency response of the state. The department and has primary jurisdiction, responsibility and authority for:

1. Planning and executing public health emergency assessment, mitigation, preparedness response and recovery for this state.

2. Coordinating public health emergency response among state, local and tribal authorities.

3. Collaborating with relevant federal government authorities, elected officials of other states, private organizations and private sector companies.

4. Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies.

5. Organizing public information activities regarding state public health emergency response operations.

6. Establishing, in conjunction with applicable professional licensing boards, a process for temporary waiver of the professional licensure requirements necessary for the implementation of any measures required to adequately address the state of emergency or state of war emergency.

7. Granting temporary waivers of health care institution licensure requirements necessary for implementation of any measures required to adequately address the state of emergency or state of war emergency.

B. In addition to the authority provided in subsection A of this section, during a state of emergency or state of war emergency, the governor, in consultation with the president of the senate, the speaker of the house of representatives and the director of the department of health services, may issue orders that:

1. Mandate medical examinations for exposed persons.

2. Ration medicine and vaccines.

3. Provide for transportation of medical support personnel and ill and exposed persons.

4. Provide for procurement of medicines and vaccines.

C. In addition to the authority provided in subsections A and B of this section, during a state of emergency or state of war emergency in which there is an occurrence or the imminent threat of smallpox, plague, viral hemorrhagic fevers or a highly contagious and highly fatal disease with transmission characteristics similar to smallpox, the governor, in consultation with the president of the senate, the speaker of the house of representatives and the director of the department of health services, may issue orders that:

1. Mandate treatment or vaccination of persons who are diagnosed with an illness resulting from exposure or who are reasonably believed to have been exposed or who may reasonably be expected to be exposed.

2. Isolate and quarantine persons.

D. Law enforcement officials of this state and the national guard shall enforce orders issued by the governor under this section.

E. Diseases subject to this section do not include acquired immune deficiency syndrome or any other infection caused by the human immunodeficiency virus.

F. If during a state of emergency or state of war emergency the public health is not endangered, nothing in this title shall authorize the department or any of and its officers or representatives to may not impose on any person against the person's will any mode of treatment, provided that if that person complies with sanitary or preventive measures and quarantine laws are complied with by the person.

G. Nothing in this title shall authorize The department or any of and its officers or representatives to may not:

1. Impose any mode of treatment on any person that is contrary to his that person's religious concepts any mode of treatment, provided that or philosophical beliefs if that person complies with sanitary or preventive measures and quarantine laws are complied with by the person.

2. Remove a minor child from the care of that child's parent or legal guardian if the parent or legal guardian complies with sanitary or preventive measures and quarantine laws or voluntarily agrees to treat the parent's or guardian's home as a quarantine and keep the child isolated in the home.

G. h. At the governor's direction, the department may use reasonable efforts to assist the persons and institutions affected by the state of emergency or state of war emergency declared pursuant to this section in seeking reimbursement of costs incurred as a result of providing services related to the implementation of isolation and quarantine under this article to the extent these services are not otherwise subject to reimbursement. END_STATUTE