THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 492 Session of
2009 publiQ
http://jsmineset.com/wp-content/uploads/2009/08/HB-492.pdfThe public health authority may exercise, for such period as
the state of public health emergency exists, the following
powers:
(1) To close, direct and compel the evacuation of or to
decontaminate or cause to be decontaminated any facility of
which there is reasonable cause to believe that it may
endanger the public health.
(2) To decontaminate or cause to be decontaminated or
destroy any material of which there is reasonable cause to
believe that it may endanger the public health.
Section 2532-D. Access to and control of facilities and
property.
The public health authority may exercise, for such period as
the state of public health emergency exists, the following
powers concerning facilities, materials, roads or public areas:
(1) To procure, by condemnation or otherwise, construct,
lease, transport, store, maintain, renovate or distribute
materials and facilities as may be reasonable and necessary
for emergency response, with the right to take immediate
possession thereof. Such materials and facilities include,
but are not limited to, communication devices, carriers, real
estate, fuels, food, clothing and health care facilities.(2) To compel a health care facility to provide services
or the use of its facility if such services or use are
reasonable and necessary for emergency response. The use of
the health care facility may include transferring the
management and supervision of the health care facility to the
public health authority for a limited or unlimited period of
time, but shall not exceed the termination of the state of
public health emergency.
(3) To control, restrict and regulate by rationing and
using quotas, prohibitions on shipments, price fixing,
allocation or other means, the use, sale, dispensing,
distribution or transportation of food, fuel, clothing and
other commodities, alcoholic beverages, firearms, explosives
and combustibles, as may be reasonable and necessary for
emergency response.(4) To prescribe routes, modes of transportation and
destinations in connection with evacuation of persons or the
provisions of emergency services.
(5) To control ingress and egress to and from any
stricken or threatened public area, the movement of persons
within the area and the occupancy of premises therein, if
such action is reasonable and necessary for emergency
response.
(1) A state of public health emergency shall be declared
by the Governor if the Governor finds an occurrence or
imminent threat of an illness or health condition caused by
bioterrorism, epidemic or pandemic disease or novel and
highly fatal infectious agents or biological toxins that
poses a substantial risk of a significant number of human
fatalities or incidents of permanent or long-term disability.
The declaration shall be published as a notice in the
Pennsylvania Bulletin.
(2) To make such a finding, the Governor shall consult
with the public health authority and may consult with any
public health and other experts as needed.
(b) Construction.--Nothing in the duty of the Governor to
consult with the public health authority or the discretion to
consult with public health or other experts shall be construed
to limit the Governor's authority to act without such
consultation when the situation calls for prompt and timely
action.
