SB 751

This bill expands the definition of public health emergencies and the authority

of the Department of Health Services to respond to public health emergencies.

Under current law, a public health emergency is defined as the occurrence or

imminent threat of an illness or health condition that meets all of the following

criteria: 1) is believed to be caused by bioterrorism or a novel or previously controlled

or eradicated biological agent; and 2) poses a high probability of either a large

number of deaths or serious long-term disabilities among humans or a high

probability of widespread exposure to a biological, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number of people.

The bill expands the definition to include toxins or other threats to health and further

requires that

any

, rather than

all

, of the criteria be met. The bill also eliminates the

requirement that the significant risk of substantial future harm to a large number

of people be created by a high probability of widespread exposure to a biological,

chemical, or radiological agent.

The bill further establishes a public health emergency general appropriation

and grants DHS authority to expend these moneys during a declared public health

emergency for certain purposes, including to facilitate coordination between and

among federal, state, local, and tribal agencies, social services, and public and

private health care entities that the state health officer determines may be affected

by a public health emergency; to make grants, provide for awards, enter into

contracts, and conduct supportive investigations pertaining to a public health

emergency or potential public health emergency; and to support emergency

operations related to the public health emergency, including investigation,

education, and eradication. The bill provides that during a public health emergency,

DHS possesses all powers necessary to respond to that emergency, including, subject

to the approval of the governor, the powers to confidentially investigate the cause and

extent of any declared public health emergency and issue orders necessary to protect

public health.