Vote Smart's Synopsis:

Vote to pass a bill that establishes the powers of the Department of Public Health when the Governor declares that a public health emergency exists.

Highlights:

-Authorizes the Commissioner or a local health authority acting at the behest of the Commissioner to undertake the following actions when the Governor declares that a public health emergency exists (Sec. 1):

-Close, direct, and compel the evacuation or decontamination of any public building or facility; -Require a health care facility to provide services or the use of its facility; -Transfer the management and supervision of a health care facility to the Department of Public Health; -Control the movement of individuals and materials within a stricken or threatened public area; -Adopt and enforce measures to provide for the safe disposal of infectious waste; -Procure, store, or distribute any anti-toxins, serums, vaccines, immunizing agents, antibiotics or other pharmaceutical agents, or medical supplies necessary to respond to the emergency; -Exempt for up to 30 days the licensing requirements for health care professionals with a valid license from another jurisdiction in the U.S. or whose professional training would otherwise qualify them for a professional license in Massachusetts; -Authorize the dispensing of controlled substances by appropriate personnel for the prevention or treatment of individuals; -Authorize the Chief Medical Examiner to appoint and prescribe the duties of emergency assistant medical examiners; -Provide mental health or crisis counseling needs to individuals; and -Request the assistance of the Massachusetts Emergency Management Agency.

-Specifies that any individual that knowingly violates any of the above orders issued by the Commissioner or local public health authority acting at the behest of the Commissioner shall be punished by imprisonment for up to 6 months, a fine of up to $1,000, or both (Sec. 1). -Authorizes the Department of Public Health to obtain medical records and other information that the Department considers necessary to investigate, monitor, prevent, and control disease or conditions dangerous to the public health, and specifies that all records shall be kept confidential (Sec. 8). -Specifies that anyone who knowingly violates the confidentiality requirement for medical records listed above shall be punished by a fine of up to $1,000 (Sec. 8). -Requires the Department of Public Health to specify the responsibilities of health care providers, medical examiners, local public health authorities, and others to report diseases, injuries, and threats to the public health (Sec. 7). -Authorizes the Commissioner or a local health authority acting at the behest of the Commissioner to issue an order of isolation and quarantine to an individual or a group of individuals upon determining that there is a reasonable cause to believe that disease or condition dangerous to the public health exists or may exist, or that there is an immediate risk of an outbreak of such a disease or condition that such measures are necessary to decrease or eliminate the risk to the public health (Sec. 12). -Requires law enforcement authorities of a city or town to enforce a isolation and quarantine order if an individual or group of individuals refuses to comply with the order (Sec. 12). -Prohibits employers from discharging or reducing any benefits of an employee that is subject to an isolation and quarantine order or because the employee has a child under 21 years of age, disabled dependent, elderly person, or spouse that is subject to an isolation and quarantine order (Sec. 12). -Requires isolation and quarantine orders issued by the Commissioner or a local health authority acting at the behest of the Commissioner to utilize the "least restrictive means" to prevent a serious danger to the public health (Sec. 12). -Authorizes individuals or groups of individuals subject to an isolation or quarantine order to appeal the order in superior court, and specifies that such appeal shall be heard within 15 days from the date of filing and that the court shall issue a final decision on the appeal no later than 10 days after the initial hearing (Sec. 12). -Prohibits the Department of Public Health and any health care provider from administering, or allowing to be administered, a vaccine that contains more than trace amounts of mercury to any individual that is knowingly pregnant or under 3 years of age, unless the Commissioner determines that there is an epidemic and that "diligent efforts" to obtain vaccines with less than a trace amount of mercury is unsuccessful (Sec. 4A). -Requires medical processionals or volunteers to inform consumers of any possible side affects of any vaccination or medication being administered (Sec. 9). -Limits a declaration of emergency by the Governor to 90 days, whereas existing law specifies no limit (Sec. 1). -The bill number was S 18 when introduced in the Senate, H 108 when introduced in the House, and S 2028 after Senate and House amendments were adopted (House amendments are printed in H 4275).

Full Bill Text