CSHB 95(JUD): "An Act relating to public health and public health emergencies and disasters; relating to duties of the public defender and office of public advocacy regarding public health matters; relating to certain claims for public health matters; making conforming amendments; relating to the treatment and transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65, 72, and 77, Alaska Rules of Civil Procedure; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 95(JUD) 01 "An Act relating to public health and public health emergencies and disasters; relating 02 to duties of the public defender and office of public advocacy regarding public health 03 matters; relating to certain claims for public health matters; making conforming 04 amendments; relating to the treatment and transportation of dead bodies; amending 05 Rules 4, 7, 8, 38, 40, 65, 72, and 77, Alaska Rules of Civil Procedure; and providing for 06 an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 PURPOSE; INTENT. (a) The purpose of this Act is to 11 (1) protect and promote the health of the citizens of this state to the greatest 12 extent possible through the public health system; 13 (2) further the leadership of the Department of Health and Social Services in
01 protecting and promoting the public health by the department's 02 (A) ensuring the conditions in which people can be healthy; 03 (B) providing or ensuring the provision of essential public health 04 services and functions that are culturally and linguistically appropriate for the 05 population being served; 06 (C) encouraging collaboration among public and private sector 07 partners in the public health system; and 08 (D) seeking adequate financing and other resources to provide 09 essential public health services and functions or to accomplish public health goals 10 through public or private sources. 11 (b) It is the intent of the legislature that this Act not be construed to require an 12 individual or agency within the public health system to provide specific health services or to 13 mandate implementation of unfunded programs. 14 * Sec. 2. AS 09.50.250 is amended to read: 15 Sec. 09.50.250. Actionable claims against the state. A person or corporation 16 having a contract, quasi-contract, or tort claim against the state may bring an action 17 against the state in a state court that has jurisdiction over the claim. A person who 18 may present the claim under AS 44.77 may not bring an action under this section 19 except as set out in AS 44.77.040(c). A person who may bring an action under 20 AS 36.30.560 - 36.30.695 may not bring an action under this section except as set out 21 in AS 36.30.685. However, an action may not be brought if the claim 22 (1) is an action for tort, and is based upon an act or omission of an 23 employee of the state, exercising due care, in the execution of a statute or regulation, 24 whether or not the statute or regulation is valid; or is an action for tort, and based upon 25 the exercise or performance or the failure to exercise or perform a discretionary 26 function or duty on the part of a state agency or an employee of the state, whether or 27 not the discretion involved is abused; 28 (2) is for damages caused by the imposition or establishment of, or the 29 failure to impose or establish, a quarantine, isolation, medical treatment, or other 30 actions by the state or its agents, officers, or employees under AS 18.15.355 - 31 18.15.395 except in circumstances provided under AS 18.15.388;
01 (3) arises out of assault, battery, false imprisonment, false arrest, 02 malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or 03 interference with contract rights; 04 (4) arises out of the use of an ignition interlock device certified under 05 AS 33.05.020(c); or 06 (5) arises out of injury, illness, or death of a seaman that occurs or 07 manifests itself during or in the course of, or arises out of, employment with the state; 08 AS 23.30 provides the exclusive remedy for such a claim, and no action may be 09 brought against the state, its vessels, or its employees under the Jones Act (46 U.S.C. 10 688), in admiralty, or under the general maritime law. 11 * Sec. 3. AS 14.07.020(a) is amended to read: 12 (a) The department shall 13 (1) exercise general supervision over the public schools of the state 14 except the University of Alaska; 15 (2) study the conditions and needs of the public schools of the state, 16 adopt or recommend plans, administer and evaluate grants to improve school 17 performance awarded under AS 14.03.125, and adopt regulations for the 18 improvement of the public schools; 19 (3) provide advisory and consultative services to all public school 20 governing bodies and personnel; 21 (4) prescribe by regulation a minimum course of study for the public 22 schools; the regulations must provide that, if a course in American Sign Language is 23 given, the course shall be given credit as a course in a foreign language; 24 (5) establish, in coordination with the Department of Health and Social 25 Services, a program for the continuing education of children who are held in detention 26 facilities in the state during the period of detention; 27 (6) accredit those public schools that meet accreditation standards 28 prescribed by regulation by the department; these regulations shall be adopted by the 29 department and presented to the legislature during the first 10 days of any regular 30 session, and become effective 45 days after presentation or at the end of the session, 31 whichever is earlier, unless disapproved by a resolution concurred in by a majority of
01 the members of each house; 02 (7) prescribe by regulation, after consultation with the state fire 03 marshal and the state sanitarian, standards [IN ADDITION TO THE 04 REQUIREMENTS OF AS 18.15.145] that will assure healthful and safe conditions in 05 the public and private schools of the state, including a requirement of physical 06 examinations and immunizations in pre-elementary schools; the standards for private 07 schools may not be more stringent than those for public schools; 08 (8) exercise general supervision over pre-elementary schools that 09 receive direct state or federal funding; 10 (9) exercise general supervision over elementary and secondary 11 correspondence study programs offered by municipal school districts or regional 12 educational attendance areas; the department may also offer and make available to any 13 Alaskan through a centralized office a correspondence study program; 14 (10) accredit private schools that request accreditation and that meet 15 accreditation standards prescribed by regulation by the department; nothing in this 16 paragraph authorizes the department to require religious or other private schools to be 17 licensed; 18 (11) review plans for construction of new public elementary and 19 secondary schools and for additions to and major rehabilitation of existing public 20 elementary and secondary schools and, in accordance with regulations adopted by the 21 department, determine and approve the extent of eligibility for state aid of a school 22 construction or major maintenance project; for the purposes of this paragraph, "plans" 23 include educational specifications, schematic designs, and final contract documents; 24 (12) provide educational opportunities in the areas of vocational 25 education and training, and basic education to individuals over 16 years of age who 26 are no longer attending school; 27 (13) administer the grants awarded under AS 14.11; 28 (14) establish, in coordination with the Department of Public Safety, a 29 school bus driver training course; 30 (15) require the reporting of information relating to school disciplinary 31 and safety programs under AS 14.33.120 and of incidents of disruptive or violent
01 behavior. 02 * Sec. 4. AS 18.05.010 is repealed and reenacted to read: 03 Sec. 18.05.010. Administration of laws by department. (a) The department 04 shall administer the statutes and regulations relating to the promotion and protection of 05 the public health as provided by law. 06 (b) In performing its duties under this chapter and AS 18.15.355 - 18.15.395, 07 the department may 08 (1) flexibly use the broad range of powers set out in this title assigned 09 to the department to protect and promote the public health; 10 (2) provide public health information programs or messages to the 11 public that promote healthy behaviors or lifestyles or educate individuals about health 12 issues; 13 (3) promote efforts among public and private sector partners to 14 develop and finance programs or initiatives that identify and ameliorate health 15 problems; 16 (4) establish, finance, provide, or endorse performance management 17 standards for the public health system; 18 (5) develop, adopt, and implement public health plans and formal 19 policies through regulations adopted under AS 44.62 or collaborative 20 recommendations that guide or support individual and community public health 21 efforts; 22 (6) establish formal or informal relationships with public or private 23 sector partners within the public health system; 24 (7) identify, assess, prevent, and ameliorate conditions of public health 25 importance through surveillance; epidemiological tracking, program evaluation, and 26 monitoring; testing and screening programs; treatment; administrative inspections; or 27 other techniques; 28 (8) promote the availability and accessibility of quality health care 29 services through health care facilities or providers; 30 (9) promote availability of and access to preventive and primary health 31 care when not otherwise available through the private sector, including acute and
01 episodic care, prenatal and postpartum care, child health, family planning, school 02 health, chronic disease prevention, child and adult immunization, testing and screening 03 services, dental health, nutrition, and health education and promotion services; 04 (10) systematically and regularly review the public health system and 05 recommend modifications in its structure or other features to improve public health 06 outcomes; and 07 (11) collaborate with public and private sector partners, including 08 municipalities, Alaska Native organizations, health care providers, and health insurers, 09 within the public health system to achieve the mission of public health. 10 * Sec. 5. AS 18.05.040(a) is amended to read: 11 (a) The commissioner shall adopt regulations consistent with existing law for 12 (1) the time, manner, information to be reported, and persons 13 responsible for reporting for each disease or other condition of public health 14 importance on the list developed under AS 18.15.370 [THE DEFINITION, 15 REPORTING, AND CONTROL OF DISEASES OF PUBLIC HEALTH 16 SIGNIFICANCE]; 17 (2) cooperation with local boards of health and health officers; 18 (3) protection and promotion of the public health and prevention of 19 disability and mortality; 20 (4) the transportation of dead bodies, except that the commissioner 21 may not require that a dead body be embalmed unless the body is known to carry 22 a communicable disease or embalmment is otherwise required for the protection 23 of the public health or for compliance with federal law; 24 (5) carrying out the purposes of this chapter; 25 (6) the conduct of its business and for carrying out the provisions of 26 laws of the United States and the state relating to public health; 27 (7) establishing the divisions and local offices and advisory groups 28 necessary or considered expedient to carry out or assist in carrying out a duty or power 29 assigned to it; 30 (8) the voluntary certification of laboratories to perform diagnostic, 31 quality control, or enforcement analyses or examinations based on recognized or
01 tentative standards of performance relating to analysis and examination of food, 02 including [TO INCLUDE] seafood, milk, water, and specimens from human beings 03 submitted by licensed physicians and nurses for analysis; 04 (9) the regulation of quality and purity of commercially compressed 05 oxygen sold for human respiration; 06 (10) the licensure of midwifery birth centers, except that the 07 commissioner may not require the presence of a physician or nurse midwife at a birth 08 resulting from a low-risk [LOW RISK] pregnancy attended by a direct-entry midwife 09 certified in this state; 10 (11) establishing confidentiality and security standards for 11 information and records received under AS 18.15.355 - 18.15.395. 12 * Sec. 6. AS 18.05.061 is amended to read: 13 Sec. 18.05.061. Penalty for violation. A person who violates a provision of 14 AS 18.05.040 or 18.05.042 [AS 18.05.040 - 18.05.046] or a regulation adopted under 15 AS 18.05.040 or 18.05.042 [AS 18.05.040 - 18.05.046] is guilty of a misdemeanor 16 and, upon conviction, is punishable by a fine of not more than $500, or by 17 imprisonment for not more than one year. Each day that a person continues a 18 violation is a separate offense. 19 * Sec. 7. AS 18.05.070 is amended by adding a new paragraph to read: 20 (4) "condition of public health importance" means a disease, 21 syndrome, symptom, injury, or other threat to health that is identifiable on an 22 individual or community level and can reasonably be expected to lead to adverse 23 health effects in the community. 24 * Sec. 8. AS 18.15 is amended by adding new sections to read: 25 Article 7A. Public Health Authority and Powers. 26 Sec. 18.15.355. Prevention and control of conditions of public health 27 importance. (a) The department may use the powers and provisions set out in 28 AS 18.15.355 - 18.15.395 to prevent, control, or ameliorate conditions of public health 29 importance or accomplish other essential public health services and functions. 30 (b) In performing its duties under AS 18.15.355 - 18.15.395, the department 31 may
01 (1) establish standards 02 (A) for the prevention, control, or amelioration of conditions of 03 public health importance; 04 (B) to accomplish other essential public health services and 05 functions; and 06 (2) adopt regulations to implement and interpret AS 18.15.355 - 07 18.15.395. 08 Sec. 18.15.360. Data collection. (a) The department is authorized to collect, 09 analyze, and maintain databases of information related to 10 (1) risk factors identified for conditions of public health importance; 11 (2) morbidity and mortality rates for conditions of public health 12 importance; 13 (3) community indicators relevant to conditions of public health 14 importance; and 15 (4) any other data needed to accomplish or further the mission or goals 16 of public health or provide essential public health services and functions. 17 (b) The department is authorized to obtain information from federal, state, and 18 local governmental agencies, Alaska Native organizations, health care providers, pre- 19 hospital emergency medical services, or other private and public organizations 20 operating in the state. The department may also use information available from other 21 governmental and private sources, reports of hospital discharge data, information 22 included in death certificates, other vital statistics, environmental data, and public 23 information. The department may request information from and inspect health care 24 records maintained by health care providers that identify individuals or characteristics 25 of individuals with reportable diseases or other conditions of public health importance. 26 (c) The department may collect information to establish and maintain a 27 comprehensive vaccination registry to aid, coordinate, and promote effective and cost- 28 efficient disease prevention and control efforts in the state. 29 (d) The department may not acquire identifiable health information under this 30 section without complying with the provisions of AS 18.15.355 - 18.15.395 and 31 regulations adopted under those statutes.
01 Sec. 18.15.362. Acquisition and use of identifiable health information; 02 public health purpose. The department may acquire and use identifiable health 03 information collected under AS 18.15.355 - 18.15.395 only if the 04 (1) acquisition and use of the information relates directly to a public 05 health purpose; 06 (2) acquisition and use of the information is reasonably likely to 07 contribute to the achievement of a public health purpose; and 08 (3) public health purpose cannot otherwise be achieved at least as well 09 with nonidentifiable health information. 10 Sec. 18.15.365. Information security safeguards. (a) The department shall 11 acquire, use, disclose, and store identifiable health information collected under 12 AS 18.15.355 - 18.15.395 in a confidential manner that safeguards the security of the 13 information, and maintain the information in a physically and technologically secure 14 environment. 15 (b) The department shall expunge, in a confidential manner, identifiable health 16 information collected under AS 18.15.355 - 18.15.395 when the use of the information 17 by the department no longer furthers the public health purpose for which it is required. 18 Sec. 18.15.370. Reportable disease list. The department shall maintain a list 19 of reportable diseases or other conditions of public health importance that must be 20 reported to the department. The list may include birth defects, cancers, injuries, and 21 diseases or other conditions caused by exposure to microorganisms; pathogens; or 22 environmental, toxic, or other hazardous substances. The department shall regularly 23 maintain and may revise the list. The department may also establish registries for 24 diseases and conditions that must be reported to the department. 25 Sec. 18.15.375. Epidemiological investigation. (a) The department may 26 investigate conditions of public health importance in the state through methods of 27 epidemiological investigation. The department may also ascertain the existence of 28 cases of illness or other conditions of public health importance, investigate potential 29 sources of exposure or infection and ensure that they are subject to proper control 30 measures, and determine the extent of the disease outbreak, epidemic, risk to health 31 and safety, or disaster.
01 (b) Investigations under this section may include identification of individuals 02 who have been or may have been exposed to or affected by a condition of public 03 health importance, interviewing and testing those individuals, examining facilities or 04 materials that may pose a threat to the public health, and interviewing other 05 individuals. In conducting the investigations the department may 06 (1) identify all individuals thought to have been exposed to any agent 07 that may be a potential cause of the disease outbreak, epidemic, or disaster; 08 (2) interview, test, examine or screen an individual where needed to 09 assist in the positive identification of those exposed or affected or to develop 10 information relating to the source or spread of the disease or other condition of public 11 health importance; and 12 (3) inspect health care records maintained by a health care provider. 13 (c) When testing, screening, or examining an individual under this section, the 14 department shall adhere to the following requirements: 15 (1) the department may not require the testing, examination, or 16 screening of an individual without the consent of the individual or the individual's 17 legal guardian, except as otherwise provided in this section or other law; 18 (2) the department may require testing, examination, or screening of a 19 nonconsenting individual only upon an order of a state medical officer, and only upon 20 a finding that the individual has or may have been exposed to a contagious disease that 21 poses a significant risk to the public health; the order must be personally served on the 22 person to be tested, examined, or screened within a reasonable period of time before 23 the testing, examination, or screening is to take place; 24 (3) the department shall obtain an ex parte order in accordance with (d) 25 of this section if the individual to be tested, examined, or screened objects to the state 26 medical officer's order; 27 (4) a health care practitioner shall perform an examination under this 28 section; the individual to be examined may, under conditions specified by the state 29 medical officer, choose the health care practitioner who will perform the examination; 30 (5) a testing, examination, or screening program shall be conducted for 31 the sole purpose of identifying a condition of public health importance that poses a
01 threat to the public health and may be avoided, cured, alleviated, or made less 02 contagious through safe and effective treatment, modifications in individual behavior, 03 or public health intervention; 04 (6) before testing, examination, or screening, the department shall 05 explain to the individual or individual's legal representative the nature, scope, 06 purposes, benefits, risks, and possible results of the testing, examination, or screening; 07 (7) in conjunction with or directly after the dissemination of the results 08 of the testing, examination, or screening, the department shall fully inform the 09 individual or individual's legal representative of the results of the testing, examination, 10 or screening. 11 (d) A judicial officer may issue an ex parte order for testing, examination, or 12 screening upon a showing of probable cause, supported by oath or affirmation, that the 13 individual has or may have been exposed to a contagious disease that poses a 14 significant risk to the public health. The court shall specify the duration of the ex 15 parte order for a period not to exceed five days. To conduct the testing, examination, 16 or screening of an individual who is not being detained under an order of isolation or 17 quarantine, the court may order a peace officer to take the individual into protective 18 custody until a hearing is held on the ex parte petition if a hearing is requested. 19 (e) The individual subject to the ex parte order must be given, with the petition 20 and order, a form to request a hearing to vacate the ex parte order. If a hearing is 21 requested to vacate the ex parte order, the court shall hold the hearing within three 22 working days after the date the request is filed with the court. The public shall be 23 excluded from a hearing under this subsection unless the individual subject to the ex 24 parte order elects to have the hearing open. 25 Sec. 18.15.380. Medical treatment. (a) A health care practitioner or public 26 health agent who examines or treats an individual who has or may have been exposed 27 to a contagious disease shall instruct the individual about the measures for preventing 28 transmission of the disease and the need for treatment. 29 (b) The department may administer medication or other medical treatment, 30 including the use of directly observed therapy where appropriate, to a consenting 31 individual who has or may have been exposed to a contagious disease.
01 (c) An individual has the right to refuse treatment and may not be required to 02 submit to involuntary treatment as long as the individual is willing to take steps 03 outlined by the state medical officer to prevent the spread of a communicable disease 04 to others. However, an individual who exercises the right to refuse treatment under 05 this subsection may be responsible for paying all costs incurred by the state in seeking 06 and implementing a quarantine or isolation order made necessary by a refusal of 07 treatment by the individual. The department shall notify an individual who refuses 08 treatment under this subsection that the refusal may result in an indefinite period of 09 quarantine or isolation and that the individual may be responsible for payment of the 10 costs of the quarantine or isolation. 11 Sec. 18.15.385. Isolation and quarantine. (a) The department may isolate 12 or quarantine an individual or group of individuals if isolation or quarantine is the 13 least restrictive alternative necessary to prevent the spread of a contagious or possibly 14 contagious disease to others in accordance with regulations adopted by the department 15 consistent with the provisions of this section and other law. 16 (b) The department shall adhere to the following conditions and standards 17 when isolating or quarantining an individual or group of individuals: 18 (1) isolation and quarantine shall be by the least restrictive means 19 necessary to prevent the spread of a contagious or possibly contagious disease that 20 poses a significant risk to public health; isolation and quarantine may include 21 confinement to private homes or other private and public premises; absent exceptional 22 circumstances that would jeopardize public health, a person shall be allowed to choose 23 confinement in the person's home; 24 (2) isolated individuals shall be confined separately from quarantined 25 individuals; 26 (3) the health status of an isolated or quarantined individual shall be 27 monitored regularly to determine whether the individual continues to require isolation 28 or quarantine; 29 (4) if a quarantined individual subsequently becomes infected or is 30 reasonably believed to have become infected with a contagious or possibly contagious 31 disease, the individual shall promptly be removed to isolation;
01 (5) the department shall immediately terminate an isolation and 02 quarantine order when an individual poses no substantial risk of transmitting a 03 contagious or possibly contagious disease to others. 04 (c) The department may authorize a health care practitioner, public health 05 agent, or another person access to an individual in isolation or quarantine as necessary 06 to meet the needs of the isolated or quarantined individual. An individual who enters 07 isolation or quarantine premises with or without authorization of the department may 08 be isolated or quarantined if needed to protect the public health. 09 (d) Before quarantining or isolating an individual, the department shall obtain 10 a written order from the superior court authorizing the isolation or quarantine, unless 11 the individual consents to the quarantine or isolation. The department shall file a 12 petition for a written order under this subsection. The petition must 13 (1) allege 14 (A) the identity of each individual proposed to be quarantined 15 or isolated; 16 (B) the premises subject to isolation or quarantine; 17 (C) the date and time the isolation or quarantine is to begin; 18 (D) the suspected contagious disease; 19 (E) that the individual poses a substantial risk to public health; 20 (F) whether testing, screening, examination, treatment, or 21 related procedures are necessary; 22 (G) that the individual is unable or unwilling to behave so as 23 not to expose other individuals to danger of infection; and 24 (H) that the department is complying or will comply with (b) of 25 this section; and 26 (2) be accompanied by an affidavit signed by a state medical officer 27 attesting to the facts asserted in the petition, including specific facts supporting the 28 allegations required by (1)(D) and (G) of this subsection; the petition shall be 29 personally served according to court rules, along with notice of the time and place of 30 the hearing under (f) of this section. 31 (e) Notwithstanding (d) of this section, when the department has probable
01 cause to believe that the delay involved in seeking a court order imposing isolation or 02 quarantine would pose a clear and immediate threat to the public health and isolation 03 or quarantine is the least restrictive alternative and is necessary to prevent the spread 04 of a contagious or possibly contagious disease, a state medical officer in the 05 department may issue an emergency administrative order to temporarily isolate or 06 quarantine an individual or group of individuals. An emergency administrative order 07 of temporary quarantine or isolation by a state medical officer is enforceable by any 08 peace officer in the state. Within 24 hours after implementation of the emergency 09 administrative order, the department shall notify the superior court by filing a petition 10 under (d) of this section that also alleges that the emergency action was necessary to 11 prevent or limit the transmission of a contagious or possibly contagious disease to 12 others that would pose an immediate threat to the public health. The petition must be 13 signed by a state medical officer. 14 (f) An individual served with a petition under (d) of this section or an 15 emergency administrative order to temporarily isolate or quarantine under (e) of this 16 section has the right to a court hearing. The court shall hold a hearing within 48 hours 17 after a petition is filed. The department may request a continuance of the hearing for 18 up to five days. The court may grant the continuance for good cause shown and in 19 extraordinary circumstances, giving due regard to the rights of the affected 20 individuals, the protection of the public health, the severity of the need for isolation or 21 quarantine, and other evidence. During a continuance, an isolated or quarantined 22 individual shall remain in isolation or quarantine. The court may order the 23 consolidation of individual claims into group claims if the number of individuals 24 affected is so large as to render individual participation impractical, there are questions 25 of law or fact common to the individual claims or rights to be determined, the group 26 claims or rights are typical of the affected individuals' claims or rights, and the entire 27 group can be adequately represented. The public shall be excluded from a hearing 28 under this section unless the individual elects to have the hearing open under (g)(2) of 29 this section. 30 (g) During the hearing, the individual has the right to 31 (1) view and copy all petitions and reports in the court file of the
01 individual's case; 02 (2) elect to have the hearing open to the public; 03 (3) have the rules of evidence and civil procedure applied so as to 04 provide for the informal but efficient presentation of evidence; 05 (4) have an interpreter if the individual does not understand English; 06 (5) present evidence on the individual's behalf; 07 (6) cross-examine witnesses who testify against the individual; 08 (7) call experts and other witnesses to testify on the individual's behalf; 09 and 10 (8) participate in the hearing; under this paragraph, participation may 11 be by telephone if the individual presents a substantial risk of transmitting a 12 contagious or possibly contagious disease to others. 13 (h) At the conclusion of the hearing, the court may commit the individual to 14 isolation or quarantine for not more than 30 days if the court finds, by clear and 15 convincing evidence, that the isolation or quarantine is necessary to prevent or limit 16 the transmission to others of a disease that poses a significant risk to the public health. 17 The court may issue other orders as necessary. Orders are enforceable by a peace 18 officer of this state. The order must 19 (1) identify the isolated or quarantined individual or group of 20 individuals by name or shared or similar characteristics or circumstances; 21 (2) specify factual findings warranting isolation or quarantine under 22 this section; 23 (3) include any conditions necessary to ensure that isolation or 24 quarantine is carried out within the stated purposes and restrictions of this section; and 25 (4) be served on the affected individual or group of individuals in 26 accordance with existing court rules. 27 (i) Before the expiration of an order issued under (h) of this section, the court 28 may continue isolation or quarantine for additional periods not to exceed 30 days upon 29 a showing by the department by clear and convincing evidence that the action is 30 necessary to prevent or limit the transmission to others of a disease that poses a 31 significant risk to the public health.
01 (j) An isolated or quarantined individual or group of individuals may apply to 02 the court for an order to show cause why isolation or quarantine should not be 03 terminated. The court shall rule on the application to show cause within 48 hours after 04 filing. An isolated or quarantined individual or group of individuals may request a 05 hearing in the court for remedies regarding breaches of the conditions of isolation or 06 quarantine. A request for a hearing may not stay or enjoin an isolation or quarantine 07 order. Where extraordinary circumstances justify the immediate granting of relief, the 08 court shall fix a date for hearing on the alleged matters within 24 hours after receipt of 09 the request. Otherwise, the court shall fix a date for hearing on the alleged matters 10 within five days after receipt of a request. 11 (k) The provisions of this section apply to minors. All notices required to be 12 served on an individual shall also be served on the parents or guardians of an 13 individual who is an unemancipated minor. 14 (l) The department shall adopt regulations to protect, as much as possible, the 15 privacy rights of individuals subject to isolation or quarantine under this section. 16 (m) The department may quarantine or isolate individuals who have been 17 exposed to hazardous materials that can cause serious illness or injury by transmission 18 of the hazardous material to others. The provisions of this section concerning 19 isolation and quarantine of individuals to prevent the spread of contagious or possibly 20 contagious diseases shall apply to isolation or quarantine of individuals who have been 21 exposed to hazardous materials. 22 Sec. 18.15.388. Penalty and civil action for violation. Notwithstanding 23 AS 09.50.250, a person who knowingly violates a provision of 18.15.365, 18.15.380 24 or 18.15.385, is liable in a civil action for compensatory damages and is liable for a 25 fine of up to $1000 for each violation. 26 Sec. 18.15.390. Powers of the department in a public health disaster. If 27 the governor declares a condition of disaster emergency under AS 26.23.020(c) due to 28 an outbreak of disease or a credible threat of an imminent outbreak of disease, the 29 department, in coordination with the Department of Military and Veterans' Affairs, 30 may 31 (1) close, direct, and compel the evacuation of, or decontaminate or
01 cause to be decontaminated, any facility if there is reasonable cause to believe that the 02 facility may endanger the public health; 03 (2) decontaminate or cause to be decontaminated or destroy any 04 material if there is reasonable cause to believe that the material may endanger the 05 public health; 06 (3) inspect, control, restrict, and regulate, by rationing and using 07 quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, 08 distribution, or transportation of food, fuel, clothing, medicines, and other 09 commodities, as may be reasonable and necessary to respond to the disaster; 10 (4) adopt and enforce measures to provide for the safe disposal of 11 infectious waste or contaminated material as may be reasonable and necessary to 12 respond to the disaster; these measures may include the collection, storage, handling, 13 destruction, treatment, transportation, or disposal of infectious waste or contaminated 14 material; 15 (5) require all bags, boxes, or other containers of infectious waste or 16 contaminated material to be clearly identified as containing infectious waste or 17 contaminated material and, if known, the type of infectious waste or contaminated 18 material; 19 (6) adopt and enforce measures to provide for the safe disposal of 20 human remains as may be reasonable and necessary to respond to the disaster; these 21 measures may include the embalming, burial, cremation, interment, disinterment, 22 transportation, or disposal of human remains; 23 (7) take possession or control of any human remains, require clear 24 labeling of human remains before disposal with all available information to identify 25 the decedent and the circumstances of death, and require that the human remains of a 26 deceased individual with a contagious disease or transmissible agent have an external, 27 clearly visible tag indicating that the human remains are infected and, if known, the 28 contagious disease or transmissible agent; 29 (8) require persons in charge of disposing of any human remains to 30 maintain and promptly deliver to the department a written or electronic record of each 31 set of human remains, the disposal of the remains, and all available information to
01 identify the decedent including fingerprints, photographs, dental information, and a 02 deoxyribonucleic acid (DNA) specimen of the human remains; 03 (9) order the disposal of the human remains of an individual who has 04 died of a contagious disease or transmissible agent through burial or cremation within 05 24 hours after death, taking into account the religious, cultural, family, and individual 06 beliefs of the deceased individual and the individual's family; 07 (10) require any business or facility holding a funeral establishment 08 permit issued under AS 08.42.100 to accept human remains, to provide the use of the 09 business or facility as is reasonable and necessary to respond to the disaster, and, if 10 necessary, to transfer the management and supervision of the business or facility to the 11 state during the course of the disaster; 12 (11) procure, by condemnation or otherwise, a business or facility 13 authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human 14 remains under the laws of this state as may be reasonable and necessary to respond to 15 the disaster, with the right to take immediate possession of the facilities; 16 (12) appoint and prescribe the duties of emergency assistant medical 17 examiners as may be required for the proper performance of the duties of the office; 18 the appointment of emergency assistant medical examiners may not exceed the 19 termination of the declaration of a state of disaster; the department may terminate an 20 emergency appointment made under this paragraph for any reason. 21 Sec. 18.15.392. Representation; guardian ad litem. An individual who is 22 the respondent in proceedings under AS 18.15.375(e) or 18.15.385 has the right to be 23 represented by counsel in the proceedings. If the individual cannot afford an attorney, 24 the court shall direct the Public Defender Agency to provide an attorney. The court 25 may, on its own motion or upon request of the individual's attorney or a party, direct 26 the office of public advocacy to provide a guardian ad litem for the individual. 27 Sec. 18.15.395. Definitions. In AS 18.15.355 - 18.15.395, unless the context 28 otherwise requires, 29 (1) "Alaska Native organization" means an organization recognized by 30 the United States Indian Health Service to provide health-related services; 31 (2) "condition of public health importance" means a disease,
01 syndrome, symptom, injury, or other threat to health that is identifiable on an 02 individual or community level and can reasonably be expected to lead to adverse 03 health effects in the community; 04 (3) "contagious disease" means an infectious disease that can be 05 transmitted from individual to individual; 06 (4) "contaminated material" means wastes or other materials exposed 07 to or tainted by chemical, radiological, or biological substances or agents; 08 (5) "court" means a court of competent jurisdiction under state law; 09 (6) "decontaminate" means to remove or neutralize chemical, 10 radiological, or biological substances or residues from individuals, buildings, objects, 11 or areas; 12 (7) "directly observed therapy" means a technique used to ensure that 13 an infectious individual complies with the individual's treatment regimen, whereby a 14 health worker observes the individual to ensure the ingestion of the individual's 15 medication for each dose the individual is required to take over the course of the 16 individual's treatment; 17 (8) "disease outbreak" means the sudden and rapid increase in the 18 number of cases of a disease or other condition of public health importance in a 19 population; 20 (9) "epidemic" means the occurrence in a community or region of a 21 group of similar conditions of public health importance that are in excess of normal 22 expectancy and derived from a common or propagated source; 23 (10) "essential public health services and functions" mean services and 24 functions to 25 (A) monitor health status to identify and solve community 26 health problems; 27 (B) investigate and diagnose health problems and health 28 hazards in the community; 29 (C) inform and educate individuals about and empower them to 30 deal with health issues; 31 (D) mobilize public and private sector collaboration and action
01 to identify and solve health problems; 02 (E) develop policies, plans, and programs that support 03 individual and community health efforts; 04 (F) enforce statutes and regulations of this state that protect 05 health and ensure safety; 06 (G) link individuals to needed health services and facilitate the 07 provision of health care when otherwise unavailable; 08 (H) ensure a competent public health workforce; 09 (I) evaluate effectiveness, accessibility, and quality of personal 10 and population-based health services; or 11 (J) research for new insights and innovative solutions to health 12 problems; 13 (11) "health care practitioner" means a physician, nurse practitioner, or 14 physician assistant authorized to practice their respective professions in this state; 15 (12) "health care provider" means any person that provides health care 16 services; "health care provider" includes a hospital, medical clinic or office, special 17 care facility, medical laboratory, physician, pharmacist, dentist, physician assistant, 18 nurse, paramedic, emergency medical or laboratory technician, community health 19 worker, and ambulance and emergency medical worker; 20 (13) "identifiable health information" means any information, whether 21 oral, written, electronic, visual, pictorial, physical, or any other form, that relates to an 22 individual's past, present, or future physical or mental health status, condition, 23 treatment, service, products purchased, or provisions of care and 24 (A) that reveals the identity of the individual whose health care 25 is the subject of the information; or 26 (B) regarding which there is a reasonable basis to believe that 27 the information could be used, either alone or with other information that is, or 28 should reasonably be known to be, available to predictable recipients of the 29 information, to reveal the identity of that individual; 30 (14) "infectious disease" means a disease caused by a living organism 31 or other pathogen, including a fungus, bacteria, parasite, protozoan, or virus; an
01 infectious disease may be transmissible from individual to individual, animal to 02 individual, or insect to individual; 03 (15) "infectious waste" means 04 (A) biological waste, including blood and blood products, 05 excretions, exudates, secretions, suctioning and other body fluids, and waste 06 materials saturated with blood or body fluids; 07 (B) cultures and stocks, including 08 (i) etiologic agents and associated biologicals; 09 (ii) specimen cultures and dishes and devices used to 10 transfer, inoculate, and mix cultures; 11 (iii) wastes from production of biologicals and serums; 12 and 13 (iv) discarded, killed, or attenuated vaccines; 14 (C) except for teeth or formaldehyde or other preservative 15 agents, pathological waste, including 16 (i) biopsy materials and all human tissues; 17 (ii) anatomical parts that emanate from surgery, 18 obstetrical procedures, necropsy or autopsy, and laboratory procedures; 19 and 20 (iii) animal carcasses exposed to pathogens in research 21 and the bedding and other waste from those animals; and 22 (D) sharps, including needles, intravenous tubing with needles 23 attached, scalpel blades, lancets, breakable glass tubes, and syringes that have 24 been removed from their original sterile containers; 25 (16) "isolation" means the physical separation and confinement of an 26 individual who is, or group of individuals who are, infected or reasonably believed to 27 be infected with a contagious or possibly contagious disease from nonisolated 28 individuals, to prevent or limit the transmission of the disease to nonisolated 29 individuals; 30 (17) "least restrictive" means the policy or practice that least infringes 31 on the rights or interests of others;
01 (18) "public health agent" means an official or employee of the 02 department who is authorized to carry out provisions of AS 18.15.355 - 18.15.395; 03 (19) "public health purpose" means the prevention, control, or 04 amelioration of a condition of public health importance, including an analysis or 05 evaluation of a condition of public health importance and an evaluation of a public 06 health program; 07 (20) "public information" means information that is generally open to 08 inspection or review by the public; 09 (21) "quarantine" means the physical separation and confinement of an 10 individual or group of individuals who are or may have been exposed to a contagious 11 or possibly contagious disease and who do not show signs or symptoms of a 12 contagious disease from nonquarantined individuals to prevent or limit the 13 transmission of the disease to nonquarantined individuals; 14 (22) "screening" means the systematic application of a testing or 15 examination to a defined population; 16 (23) "specimen" means blood; sputum; urine; stool; or other bodily 17 fluids, wastes, tissues, and cultures necessary to perform required tests; 18 (24) "state medical officer" means a physician licensed to practice 19 medicine by this state and employed by the department, with responsibilities for public 20 health matters; 21 (25) "testing" means any diagnostic or investigative analysis or 22 medical procedure that determines the presence or absence of or exposure to a 23 condition of public health importance, or its precursor, in an individual; 24 (26) "transmissible agent" means a biological substance capable of 25 causing disease or infection through individual to individual, animal to individual, or 26 other modes of transmission; 27 (27) "vaccination" means a suspension of attenuated or noninfectious 28 microorganisms or derivative antigens administered to stimulate antibody production 29 or cellular immunity against a pathogen for the purpose of preventing, ameliorating, or 30 treating an infectious disease. 31 * Sec. 9. AS 18.85.100(a) is amended to read:
01 (a) An indigent person who is under formal charge of having committed a 02 serious crime and the crime has been the subject of an initial appearance or subsequent 03 proceeding, or is being detained under a conviction of a serious crime, or is on 04 probation or parole, or is entitled to representation under the Supreme Court 05 Delinquency or Child in Need of Aid Rules, or is isolated, quarantined, or required 06 to be tested [DETAINED] under an order issued under AS 18.15.355 - 18.15.395 07 [AS 18.15.120 - 18.15.149], or against whom commitment proceedings for mental 08 illness have been initiated, is entitled 09 (1) to be represented, in connection with the crime or proceeding, by 10 an attorney to the same extent as a person retaining an attorney is entitled; and 11 (2) to be provided with the necessary services and facilities of this 12 representation, including investigation and other preparation. 13 * Sec. 10. AS 22.15.100 is amended to read: 14 Sec. 22.15.100. Functions and powers of district judge and magistrate. 15 Each district judge and magistrate has the power 16 (1) to issue writs of habeas corpus for the purpose of inquiring into the 17 cause of restraint of liberty, returnable before a judge of the superior court, and the 18 same proceedings shall be had on the writ as if it had been granted by the superior 19 court judge under the laws of the state in such cases; 20 (2) of a notary public; 21 (3) to solemnize marriages; 22 (4) to issue warrants of arrest, summons, and search warrants 23 according to manner and procedure prescribed by law and the supreme court; 24 (5) to act as an examining judge or magistrate in preliminary 25 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 26 release of defendants under bail; 27 (6) to act as a referee in matters and actions referred to the judge or 28 magistrate by the superior court, with all powers conferred upon referees by laws; 29 (7) of the superior court in all respects including but not limited to 30 contempts, attendance of witnesses, and bench warrants; 31 (8) to order the temporary detention of a minor, or take other action
01 authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 02 when the minor is in a condition or surrounding dangerous or injurious to the welfare 03 of the minor or others that requires immediate action; the action may be continued in 04 effect until reviewed by the superior court in accordance with rules of procedure 05 governing these cases; 06 (9) to issue a protective order in cases involving 07 (A) domestic violence as provided in AS 18.66.100 - 08 18.66.180; or 09 (B) stalking as provided in AS 18.65.850 - 18.65.870; 10 (10) to review an administrative revocation of a person's driver's 11 license or nonresident privilege to drive, and an administrative refusal to issue an 12 original license, when designated as a hearing officer by the commissioner of 13 administration and with the consent of the administrative director of the state court 14 system; 15 (11) to establish the fact of death or inquire into the death of a person 16 in the manner prescribed under AS 09.55.020 - 09.55.069; 17 (12) to issue an ex parte testing, examination, or screening order 18 according to the manner and procedure prescribed by AS 18.15.375. 19 * Sec. 11. AS 44.21.410(a) is amended to read: 20 (a) The office of public advocacy shall 21 (1) perform the duties of the public guardian under AS 13.26.360 - 22 13.26.410; 23 (2) provide visitors and experts in guardianship proceedings under 24 AS 13.26.131; 25 (3) provide guardian ad litem services to children in child protection 26 actions under AS 47.17.030(e) and to wards and respondents in guardianship 27 proceedings who will suffer financial hardship or become dependent upon a 28 government agency or a private person or agency if the services are not provided at 29 state expense under AS 13.26.025; 30 (4) provide legal representation in cases involving judicial bypass 31 procedures for minors seeking abortions under AS 18.16.030, in guardianship
01 proceedings to respondents who are financially unable to employ attorneys under 02 AS 13.26.106(b), to indigent parties in cases involving child custody in which the 03 opposing party is represented by counsel provided by a public agency, to indigent 04 parents or guardians of a minor respondent in a commitment proceeding concerning 05 the minor under AS 47.30.775; 06 (5) provide legal representation and guardian ad litem services under 07 AS 25.24.310; in cases arising under AS 47.15 (Uniform Interstate Compact on 08 Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or 09 petitions for the termination of parental rights on grounds set out in 10 AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor 11 under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under 12 AS 47.12.090; in cases involving appointments under AS 18.66.100(a) in petitions for 13 protective orders on behalf of a minor; and in cases involving indigent persons who 14 are entitled to representation under AS 18.85.100 and who cannot be represented by 15 the public defender agency because of a conflict of interests; 16 (6) develop and coordinate a program to recruit, select, train, assign, 17 and supervise volunteer guardians ad litem from local communities to aid in delivering 18 services in cases in which the office of public advocacy is appointed as guardian ad 19 litem; 20 (7) provide guardian ad litem services in proceedings under 21 AS 12.45.046 or AS 18.15.355 - 18.15.395; 22 (8) establish a fee schedule and collect fees for services provided by 23 the office, except as provided in AS 18.85.120 or when imposition or collection of a 24 fee is not in the public interest as defined under regulations adopted by the 25 commissioner of administration; 26 (9) provide visitors and guardians ad litem in proceedings under 27 AS 47.30.839; 28 (10) provide legal representation to an indigent parent of a child with a 29 disability; in this paragraph, "child with a disability" has the meaning given in 30 AS 14.30.350. 31 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 INDIRECT COURT RULE AMENDMENTS. (a) AS 18.15.375(c)(3), (d), and (e) 03 and 18.15.385(d) - (k), as added by sec. 8 of this Act, have the effect of amending Rules 4, 7, 04 8, and 77, Alaska Rules of Civil Procedure, relating to the form and timing of service of 05 process, pleadings, and motions by adding special proceedings, timing, and pleading 06 requirements for matters involving public health. 07 (b) AS 18.15.375(c)(3), (d), and (e) and 18.15.385(d) - (k), as added by sec. 8 of this 08 Act, have the effect of amending Rule 38, Alaska Rules of Civil Procedure, relating to a right 09 to a trial by jury, by requiring a court trial in matters involving public health. 10 (c) AS 18.15.375(c)(3), (d), and (e) and 18.15.385(d) - (k), as added by sec. 8 of this 11 Act, have the effect of amending Rule 40, Alaska Rules of Civil Procedure, relating to the 12 trial calendar and continuances, by requiring expedited hearings and specific standards for and 13 timing of granting of continuances in matters involving public health. 14 (d) AS 18.15.375(c)(3), (d), and (e) and 18.15.385(d) - (k), as added by sec. 8 of this 15 Act, have the effect of amending Rule 65, Alaska Rules of Civil Procedure, relating to 16 injunctions, by allowing temporary and ex parte injunctions to be issued and by expediting the 17 procedures related to injunctive relief in matters involving public health. 18 (e) AS 18.15.390, as added by sec. 8 of this Act, has the effect of amending Rule 72, 19 Alaska Rules of Civil Procedure, relating to eminent domain actions, by authorizing the 20 Department of Health and Social Services to take immediate control over certain businesses 21 and property in cases of public health disasters. 22 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TWO-THIRDS VOTE REQUIRED. AS 18.15.375(c)(3), (d), and (e), 18.15.385(d) - 25 (k), and 18.15.390, as added by sec. 8 of this Act, take effect only if sec. 12 of this Act 26 receives the two-thirds vote of each house required by art. IV, sec. 15, Constitution of the 27 State of Alaska. 28 * Sec. 14. AS 18.05.044, 18.05.046; AS 18.15.120, 18.15.130, 18.15.131, 18.15.133, 29 18.15.135, 18.15.136, 18.15.137, 18.15.139, 18.15.140, 18.15.143, 18.15.145, 18.15.147, 30 18.15.149, and 18.15.350 are repealed. 31 * Sec. 15. This Act takes effect immediately under AS 01.10.070(c).