Section 1. NEW SECTION 135.150 DEFINITIONS.

As used in this division, unless the context otherwise

requires:

1. "Bioterrorism" means the intentional use of any

microorganism, virus, infectious substance, or biological

product that may be engineered as a result of biotechnology,

or any naturally occurring or bioengineered component of any

such microorganism, virus, infectious substance, or biological

product, to cause death, disease, or other biological

malfunction in a human, an animal, a plant, or another living

organism.

2. "Department" means the Iowa department of public

health.

3. "Director" means the director or the director's

designee of public health.

4. "Disaster" means disaster as defined in section 29C.2.

5. "Disaster medical assistance team" or "DMAT" means a

team of professionals, including licensed health care

providers, nonmedical professionals skilled and trained in

disaster or emergency response, and public health

practitioners, which is sponsored by a hospital or other

entity and approved by the department to provide disaster

medical assistance in the event of a disaster or threatened

disaster.

6. "Division" means the division of epidemiology,

emergency medical services, and disaster operations of the

department.

7. "Public health disaster" means a state of disaster

emergency proclaimed by the governor in consultation with the

department pursuant to section 29C.6 for a disaster which

specifically involves an imminent threat of an illness or

health condition that meets any of the following conditions of

paragraphs "a" and "b":

a. Is reasonably believed to be caused by any of the

following:

(1) Bioterrorism or other act of terrorism.

(2) The appearance of a novel or previously controlled or

eradicated infectious agent or biological toxin.

(3) A chemical attack or accidental release.

(4) An intentional or accidental release of radioactive

material.

(5) A nuclear or radiological attack or accident.

b. Poses a high probability of any of the following:

(1) A large number of deaths in the affected population.

(2) A large number of serious or long-term disabilities in

the affected population.

(3) Widespread exposure to an infectious or toxic agent

that poses a significant risk of substantial future harm to a

large number of the affected population.

Sec. 2. NEW SECTION 135.151 DIVISION OF EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND DISASTER OPERATIONS — ESTABLISHED — DUTIES OF DEPARTMENT.

1. A division of epidemiology, emergency medical services,

and disaster operations is established within the department.

The division shall coordinate the administration of this

division of this chapter with other administrative divisions

of the department and with federal, state, and local agencies

and officials.

2. The department shall do all of the following:

a. Coordinate with the emergency management division of

the department of public defense the administration of

emergency planning matters which involve the public health,

including development, administration, and execution of the

public health components of the comprehensive plan and

emergency management program pursuant to section 29C.8.

b. Coordinate with federal, state, and local agencies and

officials, and private agencies, organizations, companies, and

persons, the administration of emergency planning matters that

involve the public health.

c. Conduct and maintain a statewide risk assessment of any

present or potential danger to the public health from

biological agents.

d. If a public health disaster exists, or if there is

reasonable cause to believe that a public health disaster is

imminent, conduct a risk assessment of any present or

potential danger to the public health from chemical,

radiological, or other potentially dangerous agents.

e. For the purpose of paragraphs "c" and "d", an employee

or agent of the department may enter into and examine any

premises containing potentially dangerous agents with the

consent of the owner or person in charge of the premises or,

if the owner or person in charge of the premises refuses

admittance, with an administrative search warrant obtained

under section 808.14. Based on findings of the risk

assessment and examination of the premises, the director may

order reasonable safeguards or take any other action

reasonably necessary to protect the public health pursuant to

rules adopted to administer this subsection.

f. Coordinate the location, procurement, storage,

transportation, maintenance, and distribution of medical

supplies, drugs, antidotes, and vaccines to prepare for or in

response to a public health disaster, including receiving,

distributing, and administering items from the strategic

national stockpile program of the centers for disease control

and prevention of the United States department of health and

human services.

g. Conduct or coordinate public information activities

regarding emergency and disaster planning matters that involve

the public health.

h. Apply for and accept grants, gifts, or other funds to

be used for programs authorized by this division of this

chapter.

i. Establish and coordinate other programs or activities

as necessary for the prevention, detection, management, and

containment of public health disasters.

j. Adopt rules pursuant to chapter 17A for the

administration of this division of this chapter including

rules adopted in cooperation with the Iowa pharmacy

association and the Iowa hospital association for the

development of a surveillance system to monitor supplies of

drugs, antidotes, and vaccines to assist in detecting a

potential public health disaster.

Prior to adoption, the rules shall be approved by the state

board of health and the administrator of the emergency

management division of the department of public defense.

Sec. 3. NEW SECTION 135.152 HEALTH CARE SUPPLIES.

1. The department may purchase and distribute antitoxins,

serums, vaccines, immunizing agents, antibiotics, and other

pharmaceutical agents or medical supplies as deemed advisable

in the interest of preparing for or controlling a public

health disaster.

2. If a public health disaster exists or there is

reasonable cause to believe that a public health disaster is

imminent and if the public health disaster or belief that a

public health disaster is imminent results in a statewide or

regional shortage or threatened shortage of any product

described under subsection 1, whether such product has been

purchased by the department, the department may control,

restrict, and regulate by rationing and using quotas,

prohibitions on shipments, allocation, or other means, the

use, sale, dispensing, distribution, or transportation of the

relevant product necessary to protect the public health,

safety, and welfare of the people of this state. The

department shall collaborate with persons who have control of

the products when reasonably possible.

3. In making rationing or other supply and distribution

decisions, the department shall give preference to health care

providers, disaster response personnel, and mortuary staff.

4. During a public health disaster, the department may

procure, store, or distribute any antitoxins, serums,

vaccines, immunizing agents, antibiotics, and other

pharmaceutical agents or medical supplies located within the

state as may be reasonable and necessary to respond to the

public health disaster, and may take immediate possession of

these pharmaceutical agents and supplies. If a public health

disaster affects more than one state, this section shall not

be construed to allow the department to obtain antitoxins,

serums, vaccines, immunizing agents, antibiotics, and other

pharmaceutical agents or medical supplies for the primary

purpose of hoarding such items or preventing the fair and

equitable distribution of these pharmaceutical and medical

supplies among affected states. The department shall

collaborate with affected states and persons when reasonably

possible.

5. The state shall pay just compensation to the owner of

any product lawfully taken or appropriated by the department

for the department's temporary or permanent use in accordance

with this section. The amount of compensation shall be

limited to the costs incurred by the owner to procure the

item.

Sec. 4. NEW SECTION 135.153 DISASTER MEDICAL ASSISTANCE TEAMS.

1. The department shall approve disaster medical

assistance teams to supplement and support disrupted or

overburdened local medical and public health personnel,

hospitals, and resources at or near the site of a disaster or

threatened disaster by providing direct medical care to

victims or by providing other support services.

2. A member of a disaster medical assistance team acting

pursuant to this division of this chapter shall be considered

an employee of the state under chapter 669, shall be afforded

protection as an employee of the state under section 669.21,

and shall be considered an employee of the state for purposes

of workers' compensation and death benefits, provided that the

member has done all of the following:

a. Registered with and received approval to serve on a

disaster medical assistance team from the department.

b. Provided direct medical care to a victim of a disaster

or provided other support services during a disaster.

3. The department shall provide the department of

personnel with a list of individuals who have registered with

and received approval from the department to serve on a

disaster medical assistance team. The department shall update

the list on a quarterly basis, or as necessary for the

department of personnel to determine eligibility for coverage.

4. Upon notification of a compensable loss, the department

of personnel shall seek funding from the executive council for

those costs associated with covered workers' compensation

benefits.

Sec. 5. NEW SECTION 135.154 ADDITIONAL DUTIES OF THE DEPARTMENT RELATED TO A PUBLIC HEALTH DISASTER.

If a public health disaster exists, the department, in

conjunction with the governor, may do any of the following:

1. Decontaminate or cause to be decontaminated, to the

extent reasonable and necessary to address the public health

disaster, any facility or material if there is cause to

believe the contaminated facility or material may endanger the

public health.

2. Adopt and enforce measures to provide for the

identification and safe disposal of human remains, including

performance of postmortem examinations, transportation,

embalming, burial, cremation, interment, disinterment, and

other disposal of human remains. To the extent possible,

religious, cultural, family, and individual beliefs of the

deceased person or the deceased person's family shall be

considered when disposing of any human remains.

3. Take reasonable measures as necessary to prevent the

transmission of infectious disease and to ensure that all

cases of communicable disease are properly identified,

controlled, and treated.

4. Take reasonable measures as necessary to ensure that

all cases of chemical, biological, and radiological

contamination are properly identified, controlled, and

treated.

5. Order physical examinations and tests and collect

specimens as necessary for the diagnosis or treatment of

individuals, to be performed by any qualified person

authorized to do so by the department. An examination or test

shall not be performed or ordered if the examination or test

is reasonably likely to lead to serious harm to the affected

individual. The department may isolate or quarantine,

pursuant to chapter 139A and the rules implementing chapter

139A and this division of this chapter, any individual whose

refusal of medical examination or testing results in

uncertainty regarding whether the individual has been exposed

to or is infected with a communicable or potentially

communicable disease or otherwise poses a danger to public

health.

6. Vaccinate or order that individuals be vaccinated

against an infectious disease and to prevent the spread of

communicable or potentially communicable disease.

Vaccinations shall be administered by any qualified person

authorized to do so by the department. The vaccination shall

not be provided or ordered if it is reasonably likely to lead

to serious harm to the affected individual. To prevent the

spread of communicable or potentially communicable disease,

the department may isolate or quarantine, pursuant to chapter

139A and the rules implementing chapter 139A and this division

of this chapter, any person who is unable or unwilling to

undergo vaccination pursuant to this subsection.

7. Treat or order that individuals exposed to or infected

with disease receive treatment or prophylaxis. Treatment or

prophylaxis shall be administered by any qualified person

authorized to do so by the department. Treatment or

prophylaxis shall not be provided or ordered if the treatment

or prophylaxis is reasonably likely to lead to serious harm to

the affected individual. To prevent the spread of

communicable or potentially communicable disease, the

department may isolate or quarantine, pursuant to chapter 139A

and the rules implementing chapter 139A and this division, any

individual who is unable or unwilling to undergo treatment or

prophylaxis pursuant to this section.

8. Isolate or quarantine individuals or groups of

individuals pursuant to chapter 139A and the rules

implementing chapter 139A and this division of this chapter.

9. Inform the public when a public health disaster has

been declared or terminated, about protective measures to take

during the disaster, and about actions being taken to control

the disaster.

10. Accept grants and loans from the federal government

pursuant to section 29C.6 or available provisions of federal

law.

Sec. 6. NEW SECTION 135.155 INFORMATION SHARING.

1. When the department of public safety or other federal,

state, or local law enforcement agency learns of a case of a

reportable disease or health condition, unusual cluster, or a

suspicious event that may be the cause of a public health

disaster, the department or agency shall immediately notify

the department, the administrator of the emergency management

division of the department of public defense, the department

of agriculture and land stewardship, and the department of

natural resources as appropriate.

2. When the department learns of a case of a reportable

disease or health condition, an unusual cluster, or a

suspicious event that the department reasonably believes could

potentially be caused by bioterrorism or other act of

terrorism, the department shall immediately notify the

department of public safety, the emergency management division

of the department of public defense, and other appropriate

federal, state, and local agencies and officials.

3. Sharing of information on reportable diseases, health

conditions, unusual clusters, or suspicious events between the

department and public safety authorities and other

governmental agencies shall be restricted to sharing of only

the information necessary for the prevention, control, and

investigation of a public health disaster.

4. Release of information pursuant to this section shall

be consistent with the federal Health Insurance Portability

and Accountability Act of 1996, Pub. L. No. 104-191.

Sec. 7. Section 29C.6, subsection 1, Code 2003, is amended to read as follows:

1. After finding a disaster exists or is threatened,

proclaim a state of disaster emergency. This proclamation

shall be in writing, indicate the area affected and the facts

upon which it is based, be signed by the governor, and be

filed with the secretary of state. If the state of disaster

emergency specifically constitutes a public health disaster as

defined in section 135.150, the written proclamation shall

include a statement to that effect. A state of disaster

emergency shall continue for thirty days, unless sooner

terminated or extended in writing by the governor. The

general assembly may, by concurrent resolution, rescind this

proclamation. If the general assembly is not in session, the

legislative council may, by majority vote, rescind this

proclamation. Recision shall be effective upon filing of the

concurrent resolution or resolution of the legislative council

with the secretary of state. A proclamation of disaster

emergency shall activate the disaster response and recovery

aspect of the state, local and interjurisdictional disaster

emergency plans applicable to the political subdivision or

area in question and be authority for the deployment and use

of any forces to which the plan applies, and for use or

distribution of any supplies, equipment, and materials and

facilities assembled, stockpiled, or arranged to be made

available.

Sec. 8. Section 135.11, subsection 29, Code 2003, is amended by striking the subsection.

Sec. 9. Section 139A.2, Code 2003, is amended by adding the following new subsection:

NEW SUBSECTION 17A. "Public health disaster" means

public health disaster as defined in section 135.150.

Sec. 10. NEW SECTION 139A.3A INVESTIGATION AND CONTROL.

When the department receives a report under this chapter or

acts on other reliable information that a person is infected

with a disease, illness, or heath condition that may be a

potential cause of a public health disaster, the department

shall identify all individuals reasonably believed to have

been exposed to the disease, illness, or health condition and

shall investigate all such cases for sources of infection and

ensure that such cases are subject to proper control measures.

Any hospital, health care provider, or other person may

provide information, interviews, reports, statements,

memoranda, records, or other data related to the condition and

treatment of any individual if not otherwise prohibited by the

federal Health Insurance Portability and Accountability Act of

1996, Pub. L. No. 104-191, to the department to be used for

the limited purpose of determining whether a public health

disaster exists.

Sec. 11.

EFFECTIVE DATE.

This Act, being deemed of

immediate importance, takes effect upon enactment.