§ 63-6403. Activation of disaster response and recovery aspects of emergency plans – Powers of Governor.

A.  The declaration of a state of catastrophic health emergency shall activate the disaster response and recovery aspects of the state, local, and inter-jurisdictional disaster emergency plans in the affected political subdivisions or geographic areas.  Such declaration authorizes the deployment and use of any forces to which the plans apply and the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or available pursuant to this act.

B.  During a state of catastrophic health emergency, the Governor may:

1.  Suspend the provisions of any regulatory statute prescribing procedures for conducting state business, or the orders and rules of any state agency, to the extent that strict compliance with the same would prevent, hinder, or delay necessary action (including emergency purchases) by the public health authority to respond to the catastrophic health emergency, or increase the health threat to the population;

2.  Utilize all available resources of the state government and its political subdivisions, as reasonably necessary to respond to the catastrophic health emergency;

3.  Transfer the direction, personnel, or functions of state departments and agencies in order to perform or facilitate response and recovery programs regarding the catastrophic health emergency;

4.  Mobilize all or any part of the National Guard into service of the state.  An order directing the National Guard to report for active duty shall state the purpose for which it is mobilized and the objectives to be accomplished;

5.  Provide aid to and seek aid from other states during the catastrophic health emergency in accordance with any interstate emergency compact made with this state; and

6.  Seek aid from the federal government for the catastrophic health emergency in accordance with federal programs or requirements.

C.  The public health authority shall coordinate all matters pertaining to the catastrophic health emergency response of the state.  The public health authority shall have primary jurisdiction, responsibility, and authority for:

1.  Planning and executing catastrophic health emergency assessment, mitigation, preparedness response, and recovery for the state;

2.  Coordinating catastrophic health emergency response between state and local authorities during a catastrophic health emergency;

3.  Collaborating with relevant federal government authorities, elected officials of other states, private organizations or companies during a catastrophic health emergency;

4.  Coordinating recovery operations and mitigation initiatives subsequent to catastrophic health emergencies; and

5.  Organizing public information activities regarding catastrophic health emergency response operations.

D.  After the declaration of a state of catastrophic health emergency, special identification for all public health personnel working during the catastrophic health emergency shall be issued as soon as possible.  The identification shall indicate the authority of the bearer to exercise public health functions and emergency powers during the state of catastrophic health emergency.  Public health personnel shall wear the identification in plain view.

Added by Laws 2003, c. 473, § 11.