NYVIC (New Yorkers for Vaccination Information and Choice)

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A9508 The state emergency health powers act
Two excerpted sections:

43 S 1042. VACCINATION AND TREATMENT. DURING A STATE OF PUBLIC HEALTH
44 EMERGENCY, THE PUBLIC HEALTH AUTHORITY MAY EXERCISE THE FOLLOWING EMER-
45 GENCY POWERS OVER PERSONS AS NECESSARY TO ADDRESS THE PUBLIC HEALTH
46 EMERGENCY: 
47 1. VACCINATION. TO VACCINATE PEOPLE AS PROTECTION AGAINST INFECTIOUS
48 DISEASE AND TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS
49 DISEASE. 
50 (A) VACCINATION MAY BE PERFORMED BY ANY QUALIFIED PERSON AUTHORIZED TO
51 DO SO BY THE PUBLIC HEALTH AUTHORITY. 
52 (B) A VACCINE TO BE ADMINISTERED MUST NOT BE SUCH AS IS REASONABLY
53 LIKELY TO LEAD TO SERIOUS HARM TO THE AFFECTED INDIVIDUAL. 
54 (C) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE
55 THE PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE, PURSUANT TO
56 SECTION ONE THOUSAND FORTY-THREE OF THIS TITLE, PERSONS WHO ARE UNABLE

A. 9508--A 15 

1 OR UNWILLING FOR REASONS OF HEALTH, RELIGION OR CONSCIENCE TO UNDERGO
2 VACCINATION PURSUANT TO THIS SUBDIVISION. 
3 2. TREATMENT. TO TREAT PEOPLE EXPOSED TO OR INFECTED WITH DISEASE. 
4 (A) TREATMENT MAY BE ADMINISTERED BY ANY QUALIFIED PERSON AUTHORIZED
5 TO DO SO BY THE PUBLIC HEALTH AUTHORITY. 
6 (B) TREATMENT SHALL NOT BE SUCH THAT IT IS REASONABLY LIKELY TO LEAD
7 TO SERIOUS HARM TO THE AFFECTED INDIVIDUAL. 
8 (C) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE
9 A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE PURSUANT TO SECTION
10 ONE THOUSAND FORTY-THREE OF THIS TITLE, PERSONS WHO ARE UNABLE OR
11 UNWILLING FOR REASONS OF HEALTH, RELIGION OR CONSCIENCE TO UNDERGO
12 TREATMENT PURSUANT TO THIS SUBDIVISION.

13 S 1043. ISOLATION AND QUARANTINE. 1. AUTHORIZATION. DURING THE PUBLIC
14 HEALTH EMERGENCY, A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE AN
15 INDIVIDUAL OR GROUPS OF INDIVIDUALS. THIS INCLUDES INDIVIDUALS OR GROUPS
16 WHO HAVE NOT BEEN VACCINATED, TREATED, TESTED OR EXAMINED PURSUANT TO
17 SECTIONS ONE THOUSAND FORTY-ONE AND ONE THOUSAND FORTY-TWO OF THIS
18 TITLE. THE PUBLIC HEALTH AUTHORITY MAY ALSO ESTABLISH AND MAINTAIN PLAC-
19 ES OF ISOLATION AND QUARANTINE, AND SET RULES AND MAKE ORDERS. FAILURE
20 TO OBEY SUCH RULES, ORDERS OR PROVISIONS SHALL CONSTITUTE A MISDEMEANOR.
21 2. CONDITIONS AND PRINCIPLES. THE PUBLIC HEALTH AUTHORITY SHALL ADHERE
22 TO THE FOLLOWING CONDITIONS AND PRINCIPLES WHEN ISOLATING OR QUARANTIN-
23 ING INDIVIDUALS OR GROUPS OF INDIVIDUALS: 
24 (A) ISOLATION AND QUARANTINE SHALL BE BY THE LEAST RESTRICTIVE MEANS
25 NECESSARY TO PREVENT THE SPREAD OF A CONTAGIOUS OR POSSIBLY CONTAGIOUS
26 DISEASE TO OTHERS AND MAY INCLUDE, BUT NOT BE LIMITED TO, CONFINEMENT TO
27 PRIVATE HOMES, OR OTHER PRIVATE AND PUBLIC PREMISES; 
28 (B) ISOLATED INDIVIDUALS SHALL BE CONFINED SEPARATELY FROM QUARANTINED
29 INDIVIDUALS; 
30 (C) THE HEALTH STATUS OF ISOLATED AND QUARANTINED INDIVIDUALS SHALL BE
31 MONITORED REGULARLY TO DETERMINE IF THEY REQUIRE ISOLATION OR QUARAN-
32 TINE; 
33 (D) IF A QUARANTINED INDIVIDUAL SUBSEQUENTLY BECOMES INFECTED OR IS
34 REASONABLY BELIEVED TO HAVE BECOME INFECTED WITH A CONTAGIOUS OR POSSI-
35 BLY CONTAGIOUS DISEASE HE OR SHE SHALL PROMPTLY BE REMOVED TO ISOLATION;
36 (E) ISOLATED AND QUARANTINED INDIVIDUALS MUST BE IMMEDIATELY RELEASED
37 WHEN THEY POSE NO SUBSTANTIAL RISK OF TRANSMITTING A CONTAGIOUS OR
38 POSSIBLY CONTAGIOUS DISEASE TO OTHERS; 
39 (F) THE NEEDS OF PERSONS ISOLATED AND QUARANTINED SHALL BE ADDRESSED
40 IN A SYSTEMATIC AND COMPETENT FASHION INCLUDING, BUT NOT LIMITED TO,
41 PROVIDING ADEQUATE FOOD, CLOTHING, SHELTER, MEANS OF COMMUNICATION WITH
42 THOSE IN ISOLATION OR QUARANTINE AND OUTSIDE SUCH SETTINGS, MEDICATION
43 AND COMPETENT MEDICAL CARE; 
44 (G) PREMISES USED FOR ISOLATION AND QUARANTINE SHALL BE MAINTAINED IN
45 A SAFE AND HYGIENIC MANNER, AND BE DESIGNED TO MINIMIZE THE LIKELIHOOD
46 OF FURTHER TRANSMISSION OF INFECTION OR OTHER HARMS TO PERSONS ISOLATED
47 AND QUARANTINED; AND 
48 (H) TO THE EXTENT POSSIBLE, CULTURAL AND RELIGIOUS BELIEFS SHOULD BE
49 CONSIDERED IN ADDRESSING THE NEEDS OF INDIVIDUALS, AND ESTABLISHING AND
50 MAINTAINING ISOLATION AND QUARANTINE PREMISES. 
51 3. COOPERATION. PERSONS SUBJECT TO ISOLATION OR QUARANTINE SHALL OBEY
52 THE PUBLIC HEALTH AUTHORITY`S RULES AND ORDERS; AND SHALL NOT GO BEYOND
53 THE ISOLATION OR QUARANTINE PREMISES. FAILURE TO OBEY SUCH RULES, ORDERS
54 AND PROVISIONS SHALL CONSTITUTE A MISDEMEANOR. 
55 4. ENTRY INTO ISOLATION OR QUARANTINE PREMISES. (A) AUTHORIZED ENTRY.
56 THE PUBLIC HEALTH AUTHORITY MAY AUTHORIZE PHYSICIANS, HEALTH CARE WORK-

A. 9508--A 16 

1 ERS AND OTHERS TO HAVE ACCESS TO INDIVIDUALS IN ISOLATION OR QUARANTINE
2 AS NECESSARY TO MEET THE NEEDS OF ISOLATED OR QUARANTINED INDIVIDUALS. 

Full text of Assembly bill A9508 as of 3/13/2002 - Use Back button to return
Return to NY State Emergency Health Powers Act information page 
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