HB 369: "An Act relating to public health; and providing for an effective date."
00 HOUSE BILL NO. 369 01 "An Act relating to public health; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.05 is amended by adding a new section to read: 04 Sec. 18.05.025. Collaboration with local public health agencies. (a) The 05 department shall collaborate with local public health agencies to provide and 06 implement public health services. This collaboration may include 07 (1) establishing public health information programs that promote 08 healthful behaviors or lifestyles and that educate individuals about health issues; 09 (2) promoting efforts among public and private sector partners to 10 develop and fund programs or initiatives that identify and ameliorate health problems; 11 (3) applying for and accepting public and private funds; 12 (4) developing and providing certification and effective training for 13 members of the public health workforce; 14 (5) developing, adopting, and implementing public health plans 15 through administrative regulations, formal policies, or collaborative recommendations
01 that guide or support individual and community public health efforts; 02 (6) establishing relationships with public or private sector partners 03 within the public health system; 04 (7) identifying, assessing, preventing, and ameliorating conditions of 05 public health significance through surveillance; epidemiological tracking, program 06 evaluation, and monitoring; testing and screening programs; treatment; abatement of 07 public health nuisances; administrative inspections; or other techniques; 08 (8) promoting the availability and accessibility of quality health care 09 services through health care facilities or providers; 10 (9) promoting the availability of and access to preventive and primary 11 health care that is not otherwise available through the private sector, including acute 12 and episodic care, prenatal and postpartum care, child health, family planning, school 13 health, chronic disease prevention, child and adult immunization, testing and screening 14 services, dental health, nutrition, and health education and promotion services; 15 (10) systematically and regularly reviewing the public health system 16 and making recommendations for improvement of the public health system to the 17 commissioner; and 18 (11) entering into agreements necessary to carry out the purposes of 19 this title. 20 (b) When collaborating under (a) of this section, the department shall consult 21 and incorporate, to the maximum extent feasible, national guidelines, initiatives, 22 programs, and recommendations relating to improvements in public health 23 infrastructure. 24 (c) The department may enter into agreements or other arrangements with 25 federal and local public health agencies for receipt and sharing of information 26 regarding reportable diseases or other conditions of public health significance. 27 * Sec. 2. AS 18.05.040(a) is amended to read: 28 (a) The commissioner shall adopt regulations consistent with existing law for 29 (1) the definition, reporting, and control of diseases and other 30 conditions of public health significance; the department shall 31 (A) establish, maintain, and revise a list of reportable
01 diseases and conditions of public health significance; the list may include 02 diseases or conditions of humans or animals caused by exposure to toxic 03 substances, microorganisms, or other pathogens; 04 (B) prescribe the time, manner, and person or persons 05 responsible for reporting of each disease or other condition of public 06 health significance; 07 (C) identify and classify each reportable disease and 08 condition of public health significance according to its nature and the 09 severity of its effects on public health; and 10 (D) provide for the immediate dissemination of the list of 11 reportable diseases and conditions of public health significance and of 12 reporting requirements to health care providers in the state; 13 (2) cooperation with local boards of health and health officers; 14 (3) protection and promotion of the public health and prevention of 15 disability and mortality; 16 (4) the transportation of dead bodies; 17 (5) carrying out the purposes of this chapter; 18 (6) the conduct of its business and for carrying out the provisions of 19 laws of the United States and the state relating to public health; 20 (7) establishing the divisions and local offices and advisory groups 21 necessary or considered expedient to carry out or assist in carrying out a duty or power 22 assigned to it; 23 (8) the voluntary certification of laboratories to perform diagnostic, 24 quality control, or enforcement analyses or examinations based on recognized or 25 tentative standards of performance relating to analysis and examination of food to 26 include seafood, milk, water, and specimens from human beings submitted by licensed 27 physicians and nurses for analysis; 28 (9) the regulation of quality and purity of commercially compressed 29 oxygen sold for human respiration; 30 (10) the registration of midwifery birth centers, except that the 31 commissioner may not require the presence of a physician or nurse midwife at a birth
01 resulting from a low risk pregnancy attended by a direct-entry midwife certified in this 02 state; 03 (11) the implementation of the authority granted under 04 AS 18.05.025; and 05 (12) the certification of certain public health workers under 06 AS 18.05.100. 07 * Sec. 3. AS 18.05.070 is amended by adding a new paragraph to read: 08 (4) "local public health agency" means an organization in the state that 09 is operated by a local government, including a local public health district, officer, or 10 board, or a tribal health officer, board, or agency, that principally acts to protect or 11 preserve public health. 12 * Sec. 4. AS 18.05 is amended by adding new sections to read: 13 Article 2. Public Health Workforce. 14 Sec. 18.05.100. Certification of the public health workforce. (a) The 15 department shall establish and administer a mandatory public health certification 16 program for individuals employed in the public health workforce, as specified by the 17 department. The certification program shall be designed to develop knowledge, skills, 18 and abilities in relevant and contemporary public health practice areas and may be 19 based on 20 (1) basic, core, or technical competencies and corresponding 21 curriculum for public health workers; or 22 (2) professional codes for public health professionals. 23 (b) The department may directly, or in conjunction with educational 24 institutions or others within the public health system, make available to the public 25 continuing education programs or other tools for training individuals who are 26 employed or intend to be employed in the field of public health. The department may 27 charge a reasonable fee for these training programs. 28 Sec. 18.05.110. Performance evaluation. To improve public health, the 29 department may evaluate performance related to public health infrastructure and 30 capacity, processes, and outcomes at the state and local levels. In consultation with 31 relevant entities within the public health system, the department may seek to establish
01 and implement performance standards, measures, and processes for quality or 02 performance improvement that are accessible, affordable, and nonpunitive. The 03 department may adopt and administer performance measurements within the public 04 health system as a means of improving the quality of state and local public health 05 practice and improving system accountability. 06 Sec. 18.05.120. Accreditation of state or local public health agencies. The 07 department may participate in a voluntary national accreditation program for public 08 health agencies that is based on the ability of agencies to provide essential public 09 health services and functions. The department may also develop a voluntary 10 accreditation program for local public health agencies or public or private sector 11 partners that may be based on, but not limited to, the national accreditation program. 12 Sec. 18.05.130. Incentives and evaluations. (a) The department may set 13 incentives to promote implementation of standards relating to the public health 14 workforce performance evaluation and accreditation, including 15 (1) organizational accountability awards; 16 (2) recognition for public health agencies or their contractors or 17 volunteers; and 18 (3) other development initiatives, including financial benefits. 19 (b) The department shall adopt and administer standards for evaluating 20 workforce development, performance evaluation and accreditation standards. 21 Article 3. Public Health Plan; Advisory Council. 22 Sec. 18.05.200. Comprehensive public health plan. (a) To promote the 23 provision of essential public health services and functions, the department shall 24 develop a comprehensive, statewide public health plan that assesses and sets priorities 25 for the public health system. The plan 26 (1) shall be developed in consultation with the public health advisory 27 council established under AS 18.05.210 and other representatives from public and 28 private sector partners within the public health system; 29 (2) must assess and set priorities for the statewide public health 30 system; 31 (3) may include available surveillance data or other available relevant
01 public health information as well as subject-specific public health plans or national 02 guidelines or recommendations concerning public health outcomes or improvements; 03 (4) must identify areas needing greater resource allocation to provide 04 essential public health services and functions; 05 (5) must incorporate goals and priorities of public health plans 06 developed by local public health agencies; and 07 (6) shall be reviewed and modified annually. 08 (b) The plan required under (a) of this section must include the following 09 elements: 10 (1) identification and quantification of existing public health problems, 11 disparities, or threats at the state and local levels; 12 (2) identification of existing public health resources at the state and 13 local levels; 14 (3) declaration of the goals of the plan; 15 (4) identification of specific recommendations for meeting these goals; 16 (5) explanation for giving priority to one or more conditions of public 17 health significance; 18 (6) a detailed description of strategies to develop and promote 19 culturally and linguistically appropriate services; 20 (7) development of an information infrastructure that supports essential 21 public health services and functions; 22 (8) a detailed description of the programs and activities that will be 23 pursued to address existing public health problems, disparities, or threats; 24 (9) a detailed description of how public health services will be 25 integrated and public health resources shared to optimize the efficiency and 26 effectiveness of the public health system; 27 (10) a detailed description of how the plan will support local public 28 health agencies in achieving the goals of their local public health plans; 29 (11) an estimation of costs of implementing the plan; 30 (12) a timeline for implementing various elements of the plan; 31 (13) a strategy for coordinating service delivery within the public
01 health system; 02 (14) measurable indicators of effectiveness and success; 03 (15) recommendations for legislative or regulatory amendments; 04 (16) a five-year planning period, subject to annual revisions and five- 05 year renewals. 06 (c) Local public health agencies may prepare a local public health plan 07 consistent with the comprehensive public health plan required under (a) of this 08 section; local public health plans may 09 (1) examine data about health status and risk factors in the local 10 community; 11 (2) assess the capacity and performance of the local public health 12 system; 13 (3) identify goals and strategies for improving the health of the local 14 community; 15 (4) describe how representatives of the local community engage in 16 developing and implementing the plan; and 17 (5) address how local public health agencies coordinate with the 18 department and others within the state public health system to accomplish goals and 19 priorities identified in the comprehensive public health plan. 20 (d) The department shall provide technical assistance to local public health 21 agencies that request assistance and shall otherwise work with local public health 22 agencies to implement the plan required under (a) of this section. 23 (e) The department shall provide a copy of the comprehensive public health 24 plan required under (a) of this section to the governor, local public health agencies, 25 and, upon request, other public and private agencies. 26 Sec. 18.05.210. Public health advisory council. (a) There is established a 27 public health advisory council, which shall advise the department and the governor on 28 all matters related to the public health system, including the development of the 29 comprehensive public health plan required under AS 18.05.200. The council shall be 30 made up of 15 members appointed by the governor, after consultation with state and 31 local public health agencies. The members shall be appointed for staggered terms of
01 four years. A vacancy in an unexpired term shall be filled by appointment by the 02 governor for the remainder of the term. 03 (b) The council must include at least one representative each of the 04 department, local public health agencies, tribal public health agencies in the state, and 05 other state or local governing bodies relating to environmental protection, insurance, 06 education, labor, health care facilities, health care providers, health insurers, and the 07 general public. The council shall elect from its members a chair who serves as chair at 08 the pleasure of the council. 09 (c) The council may create subcouncils to serve as forums for addressing 10 specific areas or needs concerning the public health system. 11 (d) Council members receive no compensation for their services on the 12 council but are entitled to per diem and travel expenses authorized for members of 13 boards and commissions under AS 39.20.180. 14 (e) The department shall adequately fund and provide staff for the council in 15 order to enable the council's operations. 16 (f) The council shall meet at least twice each year. 17 * Sec. 5. AS 18.15 is amended by adding new sections to read: 18 Article 6B. Diseases and Conditions of Public Health Significance; 19 Contagious Diseases; Nuisances. 20 Sec. 18.15.400. Surveillance activities. (a) The department and local public 21 health agencies shall collect, analyze, and maintain databases on diseases and 22 conditions of public health significance related to 23 (1) risk factors; 24 (2) morbidity and mortality rates; 25 (3) community indicators; and 26 (4) other data necessary to provide public health services. 27 (b) Information obtained under (a) of this section is confidential and may be 28 used only for the purpose for which it was acquired, except when the information 29 obtained under (a) of this section cannot be traced to an individual, in which case, the 30 information may be used for any purpose related to improving public health services. 31 Sec. 18.15.410. Reporting requirements. (a) The department shall maintain
01 a system of reporting and may establish a statewide system for electronic reporting of 02 all cases of individuals who harbor or have harbored a disease or condition of public 03 health significance. The system shall be designed to ensure data security and 04 compatibility with other state, local, tribal, and federal public health reporting systems 05 to the extent feasible. 06 (b) A person required to do so under regulations of the department adopted 07 under AS 18.05.040(a)(1) shall report to the department or local public health agency 08 all cases of individuals who harbor a disease or condition of public health significance. 09 (c) A veterinarian, livestock owner, veterinary diagnostic laboratory director, 10 and other person having the care of animals shall report to the department or local 11 public health agency animals having or suspected of having a disease or condition 12 that may be the potential cause or indicator of a disease or condition of public health 13 significance. 14 (d) All public agencies shall report to the department or local public health 15 agency all cases of individuals suspected of harboring a disease or condition of public 16 health significance. 17 Sec. 18.15.415. Epidemiological investigations. The department and local 18 public health agencies may investigate diseases and conditions of public health 19 significance through methods of epidemiological investigation. The methods may 20 include identifying individuals who have been or may have been exposed to or 21 affected by the disease or condition, interviewing and testing those individuals, and 22 examining facilities or materials that may pose a threat to public health. 23 Sec. 18.15.420. Emergency powers over facility or material. Whenever the 24 department reasonably believes that a facility or material may endanger the health of 25 an individual, the department may order the evacuation, destruction, decontamination, 26 or closure of the facility or material. 27 Sec. 18.15.425. Counseling and referral services. The department and local 28 public health agencies shall collaborate to establish a voluntary, confidential 29 counseling and referral service available to individuals exposed to or carrying a 30 disease or condition of public health significance. 31 Sec. 18.15.430. Testing, examination, and screening. (a) The department
01 may establish and administer testing, examination, and screening procedures and 02 programs to identify conditions of public health significance among individuals or the 03 population. A screening program must include 04 (1) compulsory screening for diseases or conditions of public health 05 significance that pose a significant risk or seriously threaten public health; 06 (2) conditional screening when necessary to achieve an important 07 public health objective; a conditional screening program must provide that 08 (A) all individuals of a defined class are subjected to the 09 screening, test, or examination as a condition of participating in or receiving a 10 service or privilege; and 11 (B) if an individual refuses to undergo the screening, test, or 12 examination, the department may prevent that individual from participating in 13 or receiving the service or privilege; 14 (3) routine voluntary screening for conditions of public health 15 significance; all individuals of a defined class shall be screened, tested, or examined 16 unless an individual refuses to consent to the screening, test, or examination. 17 (b) Before conducting a test, examination, or screening procedure or program 18 under this section, the department shall 19 (1) obtain the informed consent of the individual or legal 20 representative of the individual being tested, examined, or screened, except as 21 otherwise provided in this section or other state law; 22 (2) determine the availability of a valid and reliable test or examination 23 for the condition of public health significance; scientifically sound methods of 24 screening that have adequate predictive value shall be used; 25 (3) identify the disease or condition of public health significance that 26 poses a threat to an individual or the public health; 27 (4) determine that the disease or condition of public health significance 28 tested or screened for may be avoided, cured, alleviated, or made less contagious 29 through safe and effective treatment, modifications in individual behavior, or public 30 health interventions; and 31 (5) provide written notification to the individual or legal representative
01 of the individual being tested, examined, or screened of the nature, scope, purposes, 02 benefits, risks, and possible results of the test, examination, or screening. 03 (c) Within five days after receiving the results of a test, examination, or 04 screening under this section, the department shall fully inform the individual or legal 05 representative of the individual being tested, examined, or screened of the results of 06 the testing, examination, or screening of that individual. If the results indicate the 07 presence of a disease or condition of public health significance, the department shall 08 offer counseling services under AS 18.15.425 or inform the individual where 09 counseling services are available. 10 (d) Whenever the department or local public health agency has reasonable 11 grounds to suspect that any individual has been exposed to a contagious disease that 12 poses a significant public health risk, as determined by the department, the department 13 may require testing or medical examination under this section. 14 Sec. 18.15.440. Compulsory medical treatment. (a) A health care provider 15 or public health agent who examines or treats an individual who has a contagious 16 disease shall instruct the individual about 17 (1) measures for preventing reinvention and spread of the disease; and 18 (2) the need for treatment until the individual is no longer infected. 19 (b) The department may require any individual who has or may have been 20 exposed to a contagious disease that poses a significant risk or danger to others or to 21 public health to complete an appropriate prescribed course of medication to treat the 22 contagious disease and to follow infection control provisions for the disease. 23 Sec. 18.15.450. Quarantine and isolation. (a) The department may adopt 24 regulations providing for the isolation or quarantine of an individual or group of 25 individuals by the department. Isolations and quarantines shall 26 (1) be implemented through the least restrictive means necessary to 27 prevent the spread of a contagious or possibly contagious disease to others and may 28 include confinement to private homes or other private and public premises; 29 (2) provide that isolated individuals be confined separately from 30 quarantined individuals; 31 (3) include regular monitoring to determine if the individual or group
01 of individuals continues to require isolation or quarantine; 02 (4) require that, if a quarantined individual subsequently becomes 03 infected or is reasonably believed to have become infected with a contagious or 04 possibly contagious disease, that individual shall immediately be removed to isolation; 05 (5) be immediately terminated when an individual no longer poses a 06 substantial risk of transmitting a contagious or possibly contagious disease to others; 07 (6) provide for meeting the basic living needs of individuals who are 08 isolated or quarantined, including the provision of adequate food, clothing, shelter, 09 means of communication with those in isolation or quarantine and outside these 10 settings, and competent medical care; 11 (7) be done in a secure and safe location and be designed to minimize 12 the likelihood of further transmission of infection or other harms to individuals 13 isolated and quarantined; and 14 (8) provide, to the extent possible, for the practice of cultural and 15 religious beliefs. 16 (b) The department may authorize physicians, health care workers, or others 17 access to individuals in isolation or quarantine as necessary to meet the needs of 18 isolated or quarantined individuals. An individual entering isolation or quarantine 19 premises with or without authorization of the state or local public health agency may 20 be isolated or quarantined where needed to protect the public health. 21 (c) The department may temporarily isolate or quarantine an individual or 22 group of individuals through a written directive if delay in imposing the isolation or 23 quarantine would significantly jeopardize the department's ability to prevent or limit 24 the transmission of a contagious or possibly contagious disease to others. The written 25 directive must include 26 (1) the identity of the individual or group of individuals subject to 27 isolation or quarantine; 28 (2) the location of the premises subject to isolation or quarantine; 29 (3) the date and time at which isolation or quarantine commences; and 30 (4) the suspected contagious disease. 31 (d) A copy of the written directive under (c) of this section shall be given to
01 the individual to be isolated or quarantined. If the written directive applies to a group 02 of individuals and it is impractical to provide individual copies, the written directive 03 may be posted in a conspicuous place in the isolation or quarantine premises. 04 (e) Within 10 days after issuing the written directive under (c) of this section, 05 the department shall file a petition for a court order authorizing the continued isolation 06 or quarantine of the individual or group of individuals. 07 (f) The department may petition a court for an order authorizing the isolation 08 or quarantine of an individual or group of individuals without first issuing a written 09 directive under (c) of this section. The petition must contain 10 (1) the identify of the individual or group of individuals subject to 11 isolation or quarantine; 12 (2) the location of the premises subject to isolation or quarantine; 13 (3) the date and time at which isolation or quarantine commences; 14 (4) the suspected contagious disease; 15 (5) a statement of compliance with this section; 16 (6) a statement of the basis upon which isolation or quarantine is 17 justified in compliance with this section; 18 (7) the sworn affidavit executed by the department or local public 19 health agency attesting to the facts asserted in the petition, together with any further 20 information that may be relevant and material to the court's consideration; and 21 (8) proof of service of notice to the individual or group of individuals 22 identified in the petition under the rules of civil procedure. 23 (g) The court shall hold a hearing on a petition filed under (f) of this section 24 within 48 hours after the petition is filed. In extraordinary circumstances and for good 25 cause shown, the department may apply to continue the hearing date for up to five 26 days. The court may grant the continuance giving due regard to the rights of the 27 affected individuals, the protection of public health, the severity of the need for 28 isolation or quarantine, and other relevant evidence. 29 (h) The court shall grant a petition filed under (f) of this section if, by clear 30 and convincing evidence, isolation or quarantine is shown to be reasonably necessary 31 to prevent or limit the transmission of a contagious or possibly contagious disease to
01 others. An order authorizing isolation or quarantine may not authorize isolation or 02 quarantine that exceed 30 days. The order must 03 (1) identify the isolated or quarantined individual or group of 04 individuals by name or shared or similar characteristics or circumstances; 05 (2) specify factual findings warranting isolation or quarantine under 06 this section; 07 (3) include conditions necessary to ensure that isolation or quarantine 08 is carried out within the stated purposes and restrictions of this section; and 09 (4) be served on the affected individual or group of individuals in 10 accordance with the rules of civil procedure. 11 (i) Before the expiration of an order issued under (h) of this section, the 12 department may move to continue isolation or quarantine for additional periods not to 13 exceed 30 days each. The court may grant a motion for continued isolation or 14 quarantine for good cause. 15 (j) An isolated or quarantined individual or group of individuals may apply to 16 a court for an order to show cause why isolation or quarantine should not be 17 terminated. The court shall rule on the application to show cause within 48 hours after 18 the application is filed. 19 (k) An isolated or quarantined individual or group of individuals may request 20 a hearing in the court for remedies regarding breaches of the conditions of isolation or 21 quarantine. A request for a hearing does not stay or enjoin an isolation or quarantine 22 order. The court shall fix a date for hearing on the alleged matters within five days 23 after receipt of the request except where extraordinary circumstances justify the 24 immediate granting of relief, in which case, the court shall fix a date for hearing on the 25 alleged matters within 24 hours after receipt of the request. The court may extend the 26 time for a hearing under this subsection on its own motion or on motion of either 27 party; an extension must be based on a finding of extraordinary circumstance and must 28 give due regard to the rights of the affected individuals, the protection of public health, 29 the severity of the need for remedies, and other evidence. 30 (l) If parties cannot personally appear before the court on a matter in a hearing 31 under this section, proceedings may be conducted by their legal representatives and be
01 held in a location or through any means that allow all parties to fully participate. The 02 court may order the consolidation of individual claims into group claims where 03 (1) the number of individuals affected is so large as to render 04 individual participation impractical; 05 (2) there are questions of law or fact common to the individual claims 06 or rights to be determined; 07 (3) the group claims or rights are typical of the affected individuals' 08 claims or rights; and 09 (4) the entire group can be adequately represented. 10 (m) The court shall appoint counsel at governmental expense to represent an 11 individual or group of individuals who are or are about to be isolated or quarantined 12 under this section and who are not otherwise represented by counsel. Representation 13 shall be afforded throughout the duration of the isolation or quarantine of the 14 individual or group of individuals. The department shall provide adequate means of 15 communication between a quarantined or isolated individual or group of individuals 16 and the individual's or group's legal counsel. 17 (n) This section may not be construed to apply to isolation or quarantine of 18 livestock, fish and other aquatic species, or any human food source. 19 Sec. 18.15.460. Public health nuisances. (a) A person may not create, 20 aggravate, or allow the existence of a public health nuisance as defined by the 21 department. 22 (b) The department may immediately and thoroughly investigate any 23 suspected nuisance upon receiving a complaint of its existence or when there is 24 probable cause to believe that a nuisance exists within the agency's jurisdiction. 25 (c) The department may issue an order to avoid, correct, or remove, at the 26 owner's expense, any property or condition that the agency determines to be a 27 nuisance. The order must specify the nature of the nuisance and the method to abate 28 the nuisance, which may include 29 (1) closure, direction, and compulsion to evacuate, decontaminate, or 30 cause to be decontaminated real property as needed; 31 (2) decontamination or destruction of material, goods, or conditions;
01 (3) designation of a reasonable time in which the nuisance must be 02 abated; 03 (4) provision for the department or local public health agency to cause 04 the nuisance to be removed or abated if a property owner or occupant does not comply 05 with the order within the specified time; 06 (5) authorization for the department or local public health agency to 07 remove or abate the nuisance immediately when the nuisance is found to require 08 immediate action; the agency may pay the costs of removal or abatement and seek 09 reimbursement for expenses from the responsible person. 10 (d) If the person responsible for a nuisance refuses to pay or reimburse 11 expenses incurred by the department or local public health agency, expenses may be 12 (1) assessed against affected real property as a lien; or 13 (2) collected from rents paid on real property, under a court order 14 obtained by the department. 15 (e) An occupant or other person who caused or permitted a nuisance to exist is 16 liable to the owner of the premises for the amount paid by the owner or assessed 17 against the property. 18 Sec. 18.15.470. Administrative searches and inspections. (a) To determine 19 the existence of a nuisance, upon consent of the owner or custodian, a public health 20 agent may enter property at a reasonable time to inspect, investigate, evaluate, conduct 21 tests, or take specimens or samples for testing as may be reasonably necessary to 22 determine compliance with a law administered by the state or local public health 23 agency. 24 (b) If the public health agent is denied entry, the agent may seek an 25 administrative search warrant authorizing the inspection, investigation, evaluation, 26 testing, or taking of specimens or samples for testing. 27 (c) When a nuisance is known by the department or local public health agency 28 to exist on the premises and the nuisance poses an immediate threat to an individual's 29 health or to public health, a public health agent may enter the affected property 30 without the consent of the owner or custodian and without an administrative search 31 warrant to inspect, investigate, evaluate, conduct tests, or take specimens or samples
01 on the premises as may be reasonably necessary to abate the nuisance. 02 (d) A public health agent may enter a public place to inspect, investigate, 03 evaluate, conduct tests, or take specimens or samples for testing as may be reasonably 04 necessary to determine compliance with the provisions of any law administered by the 05 state or local public health agency. 06 Sec. 18.15.490. Penalty. A person who knowingly violates AS 18.15.400 - 07 18.15.490 or a regulation adopted under AS 18.05.040(a)(1) or AS 18.15.400 - 08 18.15.490 is guilty of a class B misdemeanor. In this section, "knowingly" has the 09 meaning given in AS 11.81.900(a). 10 * Sec. 6. AS 18.15.900 is amended to read: 11 Sec. 18.15.900. Definitions [DEFINITION]. In this chapter, 12 (1) "department" means the Department of Health and Social Services; 13 (2) "contagious disease" means a disease caused by a living 14 organism or other pathogen, including a fungus, bacterium, parasite, protozoan, 15 or virus that is transmissible from individual to individual; 16 (3) "local public health agency" means an organization in the state 17 that is operated by a local government, including a local public health district, 18 officer, or board, or a tribal health officer, board, or agency that principally acts 19 to protect or preserve public health; 20 (4) "public health agent" means an employee or agent of the 21 department, a local public health agency, or the federal government who is 22 performing duties within the scope and course of employment. 23 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 PUBLIC HEALTH PLAN. The initial plan required under AS 18.05.200, enacted by 26 sec. 4 of this Act, shall be developed by the department by July 1, 2005. 27 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 INITIAL TERMS. The terms of the members appointed to the public health advisory 30 council established under AS 18.05.210, enacted by sec. 4 of this Act, shall be staggered so 31 that the terms of
01 (1) three members are for one year; 02 (2) four members are for two years; 03 (3) four members are for three years; and 04 (4) four members are for four years. 05 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 REVISOR'S INSTRUCTION. The legislature intends AS 18.05.070, as amended by 08 sec. 3 of this Act, to apply to all of AS 18.05, including those sections added by sec. 4 of this 09 Act. Accordingly, the revisor of statutes is requested to renumber AS 18.05.070 as 10 AS 18.05.900. 11 * Sec. 10. This Act takes effect July 1, 2004.