Legislature(2005 - 2006)
2005-01-21 House Journal
Full Journal pdf2005-01-21 House Journal Page 0125 HB 95 HOUSE BILL NO. 95 by the House Rules Committee by request of the Governor, entitled: "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; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services The Governor's transmittal letter dated January 20, 2005, follows: "Dear Speaker Harris: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to public health and public health emergencies and disasters; relating to duties of the public defender and Office of Public Aadvocacy regarding public health matters; relating to certain claims for public health matters; and making conforming amendments. Alaska's disease control laws were originally adopted by the Territorial Legislature in 1949. Some changes have been made to the 2005-01-21 House Journal Page 0126 laws since statehood. However, the recent severe acute respiratory syndrome crisis demonstrated the need to modernize them. Alaska is no longer protected from world disease outbreaks by geographical isolation. Modern air links rapidly put Alaskans at risk from infectious diseases originating on the other side of the globe. In a recent study, Alaska was noted as the only state in the nation with inadequate legal authority to respond to a public health emergency. The Department of Health and Social Services (department) routinely uses the traditional public health disease control tools of epidemiological surveillance and investigation, and historically has used isolation and quarantine to stop the spread of disease in the rare times it has been warranted. Today, new global health threats, coupled with heightened expectations in the modern American social and legal environment for protection of individual rights, require the department to have more clearly defined legal authorities to act to protect the public while protecting the due process rights of infected individuals. This bill would give the department the needed flexibility to protect Alaskans from public health threats. The department would be authorized to offer medication to infected individuals who wish to take it. However, the department would not have authority to force medication upon infected individuals. The bill also would provide for powers to deal with public health issues that could arise in a declared disaster emergency. I urge your support of this important bill. Sincerely yours, /s/ Frank H. Murkowski Governor"