U.S. Department of Health and Human Services,
Waiver or Modification of Requirements under Section 1135 of the Social Security Act, (October 27, 2009).
On October 27, 2009, Secretary Kathleen us issued a Waiver or Modification of Requirements under Section 1135 of the Social Security Act.
(posted 11/20/2009)
U.S. President,
Declaration of a National Emergency with Respect to the 2009 H1N1 Influenza Pandemic (October
24, 2009).
U.S. President, Barack Obama, issued an official federal
declaration of emergency on 10/24/2009.
Declaration FAQs
(posted 10/26/2009)
U.S. Department of Health and
Human Services,
Determination
that a Public Health Emergency Exists (April 26, 2009).
Acting Secretary Charles E. Johnson announced the determination
that a public health emergency existed nationwide. Secretary Kathleen Sebelius renewed that determination on July 24, 2009, and on October 1, 2009. These actions taken were under the Public Health Service Act § 319 (42 U.S.C.
§ 247d).
(posted 4/29/09 & 7/24/2009)
U.S. Department of Health and Human Services,
Amendment to Add H1N1 Vaccine to the January 26, 2007 PREP Act Declaration.
On June 15, 2009, Secretary Kathleen Sebelius amended the
January 26, 2007 declaration under the Public Readiness and
Emergency Planning Act "to provide targeted liability protections
for [H1N1] pandemic countermeasures."
(posted 9/28/2009)
U.S. Food and Drug Administration,
FDA Authorizes Emergency Use of Influenza Medicines, Diagnostic
Test in Response to Swine Flu Outbreak in Humans, (April 27,
2009). FDA has issued Emergency Use Authorizations, pursuant
to its authority under the Project BioShield Act (42 U.S.C. § 247d-6b),
to make available to public health and medical personnel important
diagnostic and therapeutic tools to identify and respond to the
H1N1 Influenza virus. EUAs have been issued for oseltamivir (Tamiflu), zananivir (Relenza), Peramivir IV, the N95 respirator, and the swine flu test kit. More information is available at
http://www.cdc.gov/h1n1flu/eua/.
(posted 4/30/09)
FEMA,
Emergency
Assistance for Human Influenza Pandemic
FEMA, H1N1 Influenza Pandemic Emergency Authorities Matrix, (October 27, 2009.) The DHS Office of General Counsel, including the FEMA Office of Chief Counsel, prepared the 'H1N1 Infuenza Pandemic Emergency Authorities Matrix' as a synopsis of selected provisions of the Public Health Service Act, the National Emergency Act, and the Stafford Act especially relevant to government response to the A (H1N1) influenza pandemic. The matrix reflects those authorities as of Oct. 27, 2009."
(posted 11/2/2009)
Declarations of Emergency or Related Actions
American Samoa
Office of the Governor, American Samoa,
Proclamation: Public Health Emergency, (May 1, 2009).
Governor Togiola T.A. Tulafono has declared a public health emergency
in American Samoa in response to concerns that cases of H1N1 have
been confirmed in countries with direct travel routes to the region.
(posted 5/07/09)
California
Governor Arnold Schwarzenegger,
State of Emergency
– Swine Flu, (April 28, 2009).
Pursuant to his powers under the California Constitution and California
Emergency Services Act (Cal. Government Code §§ 8448(b), 8625),
the Governor has issued a proclamation in response to identified
H1N1 Influenza cases in California.
(posted 4/29/09)
Florida
Department of Health,
Declaration of Public Health Emergency Supplemental Order #01,
(May 5, 2009).
The Florida Surgeon General has suspended Chapters 120 and 287,
Florida Statutes, to the extent needed to procure any and all supplies
of the antivirals Tamiflu and Relenza needed to cope with this emergency.
(posted 5/05/09)
Department of Health,
Declaration of Public Health Emergency Supplemental Order #02,
(May 5, 2009).
The Florida Surgeon General has suspended wholesale distribution
permit requirements under Chapter 499 Part 1, Florida Statutes,
to allow the wholesale distribution of Tamiflu and Relenza.
(posted 5/05/09)
Department of Health,
Declaration of Public Health Emergency, (May 1, 2009).
The State Surgeon General has declared a public health emergency
in response to confirmed cases of H1N1 influenza in two counties.
(posted 5/4/09)
Illinois
Governor Pat Quinn,
Proclamation of Public Health Emergency, (October 14,
2009).
The Governor has declared a public health emergency in
response to confirmed cases of H1N1 influenza in the state,
pursuant to his authority under Illinois Emergency
Management Agency Act, 20 ILCS 3305/7 §7.
(posted 10/30/09)
Maine
Governor John E. Baldacci,
Proclamation
of a Civil Emergency Due to a Highly Infectious Agent, (April
29, 2009).
Renewed,
(September 30, 2009).
Pursuant to his authority under 37-B M.R.S.A. §§ 741, 742, 824,
the Governor has issued a proclamation of civil emergency in response
to identified cases of H1N1 influenza in Maine.
(posted 5/1/09)
Maryland
Governor Martin O’Malley,
Declaration of Emergency: Influenza Response and Mitigation, Exec.
Order No. 01.01.2009.05, (May 1, 2009).
The Governor has
declared an emergency as a result of the possibility of a pandemic
in the state and surrounding jurisdictions, pursuant to his authority
under MD. Code Ann. Pub. Safety § 14-3A-02.
Governor Martin O’Malley,
Declaration of Emergency – Emergency Medical Services Staffing, (November 6, 2009).
The Governor has declared a state of emergency and has authorized Emergency Medical Technician-Paramedics and Cardiac Rescue Technicians to administer 2009 H1N1 Influenza Vaccine.r>
(posted 11/20/09)
Nebraska
Governor Dave Heineman,
Proclamation,
(April 30, 2009).
The Governor of Nebraska declared a state of emergency after one
confirmed case in the state.
(posted 5/4/09)
New York
Governor David A. Paterson,
Governor
Paterson Activates Health Emergency Preparedness Plan; Puts State
on ‘High Alert’ for Swine Flu, (April 26, 2009).
After eight confirmed cases of H1N1 Influenza in New York City,
Governor Paterson activated the state’s emergency preparedness plan.
(posted 4/29/09)
New York
Governor David A. Paterson,
Governor Paterson Issues Executive Order To Assist Local Governments With Statewide H1N1 Vaccination Campaign,
(October 29, 2009).
The Governor has declared an emergency in response to requests for assistance from local governments.
(posted 10/30/09)
Ohio
Governor Ted Strickland,
Proclamation of Emergency: Authorizing State Agencies and Personnel
to Assist with the Receipt, Transportation and Storage of Medicine
and Supplies Associated with the Swine Flu Virus, (Issued on April 28,
2009 - Terminated in June 2009).
Following the identification of a patient with H1N1 influenza in
Ohio, Gov. Strickland declared a state of emergency and authorized
the Ohio National Guard to assist with SNS supplies.
(posted 5/05/09)
Governor Ted Strickland,
Emergency Proclamation Regarding the H1N1 Vaccine,
(October 9, 2009).
The Governor has issued an emergency proclamation
authorizing EMTs-Intermediate and EMTs-Paramedic to perform
immunizations under physician medical direction and
authorizing registered Ohio Citizen Corps/Ohio Medical
Reserve Corps volunteers to assist with the receipt,
distribution, and administration of the H1N1 influenza
vaccine.
(posted 10/30/09)
Texas
Governor Rick Perry,
Governor
Perry Issues Disaster Proclamation for Swine Influenza, (April
29, 2009).
In response to confirmed cases of H1N1 Influenza in certain Texas
jurisdictions, the Governor has announced that a public health emergency
exists and has declared a state of disaster.
(posted 04/29/09)
Virginia
Governor Timothy Kaine,
Governor Kaine Announces Precautions to Prepare Virginia to Respond
to H1N1 Virus Outbreak, (April 27, 2009).
Prior to the confirmation of H1N1 cases in the state, Virginia Health
Commissioner Karen Remley declared a public health emergency.
(posted May 4, 2009)
Wisconsin
Governor Jim Doyle,
Executive Order #280, Relating to a Proclamation Declaring a Public
Health Emergency, (April 30, 2009).
Pursuant to his authority under Wis. Stat. §§ 166.03(1)(b) and 321.39(1)(a),
the Governor has issued a proclamation of civil emergency in response
in Wisconsin.
(posted 5/01/09)
Isolation/Quarantine Procedures & Draft
Orders
Florida
The Florida Department of Health has released the following draft
orders suitable for use during the current outbreak:
Voluntary Home Quarantine Agreement
Quarantine to Residence Order
Quarantine to Residence Order (Non-Compliance)
Quarantine to Facility Order
Quarantine Detention Order
Quarantine of Facility Order
Building Quarantine Closure Order
Area Quarantine Closure Order
Massachusetts
Procedures for Isolation and Quarantine,105 Mass. Code Regs.
300.210 (2008).
North Carolina
The North Carolina Department of Health and Human Services has released
the following draft isolation order:
Isolation Order: Swine Influenza A(H1N1) Infection
Washington
Procedures
for Isolation and Quarantine, Wash. Admin. Code § 246-100-040.
Washington Department of Health (DOH),
templates for
isolation and quarantine orders.
Mass Vaccination - Legal Authority to Vaccinate
To assist in mass administration of H1N1 vaccine, states are
evaluating their laws to determine individuals who are authorized
to administer H1N1 vaccines. If necessary, states are amending legal
provisions to extend legal authority to administer HlNl vaccine
to persons who would not otherwise be permitted to administer vaccine.
Three states provide examples:
Massachusetts emergency regulation passed recently by the
Public Health Council (to be effective upon filing with the
Secretary of State) authorizing the Commissioner of Public Health
to issue an order designating the persons who may administer
H1N1 vaccine and the conditions under which the vaccine may
be administered. To access the regulation, 105 CMR 700.003(H),
please
click
here.
Michigan statute authorizing physicians to delegate administration
of vaccine to appropriately trained individuals. To access the
statute, MCL 333.16215, please
click
here.
Recently-amended Minnesota statute extending the authority
of the Commissioner of Health to respond to requests of local
officials by expanding the categories of persons authorized
to administer vaccine. To access Minnesota Statutes section
144.4197 (2008) as amended by Minnesota Laws 2009, chapter 41,
section 5, please
click
here.
Texas
Department of State Health Services,
All Schools in Schertz District to Close, (April 26, 2009).
The Department announced that all 14 schools and two district facilities
in this school district were to be closed immediately after the
discovery of suspected H1N1 Influenza in that jurisdiction.
(posted 4/29/09)
Maine
Insurance Commissioner,
Health Insurance Emergency Planning & Procedures (Emergency Rule),
(June 16, 2009).
The State Bureau of Insurance issued an emergency preparedness rule
"To ensure that all health insurance companies... are adequately
prepared to deal with public health emergencies."
Draft Antiviral Shortage Order
Iowa
The following draft order was provided by the Iowa Department of
Public Health:
Antiviral Shortage Order
