Explanation
The purpose of this resolution is to approve Resolution No. 05-24, which was passed by the Columbus Board of Health in order to provide a means by which the Health Commissioner would have the authority to act in certain specified ways with respect to isolation and quarantine in the event of a public health emergency that required immediate responsive action. All resolutions passed by the Columbus Board of Health require Council approval before such resolutions can take effect.
Fiscal Impact: None.
Emergency Designation: This resolution is being submitted as an emergency measure so that the Health Commissioner will have the authority to address certain public health emergency situations at the earliest possible date.
Title
To approve Resolution No. 05-24 adopted by the Columbus Board of Health granting the Health Commissioner certain authority in the event of a public health emergency that requires immediate responsive action; and to declare an emergency.
Body
WHEREAS, sections 3707.04 to 3707.32 of the Ohio Revised Code provide authority and establish requirements regarding, inter alia, quarantine and isolation; and
WHEREAS, the Board of Health has primary authority to enforce, within the City of Columbus, the provisions of sections 3707.04 to 3707.32 of the Ohio Revised Code regarding quarantine and isolation; and
WHEREAS, a public health emergency may require immediate response measures, including the issuance of quarantine and/or isolation orders; and
WHEREAS, the circumstances of a public health emergency may render a meeting of the Board of Health impractical or impossible; and
WHEREAS, delaying action regarding a public health emergency until a meeting of the Board of Health may compromise public health; and
WHEREAS, section 3707.34 of the Ohio Revised Code authorizes the health commissioner appointed by a board of health of a city health district to act on behalf of the board of health in administering the provisions of sections 3707.04 to 3707.32 of the Ohio Revised Code regarding quarantine and isolation if circumstances render a meeting of the board of health impractical or impossible, or if delaying action until a meeting of the board compromises public health, and if the health commissioner acts pursuant to a policy adopted by the board of health; and
WHEREAS, the Columbus City Council concurs with the Columbus Board of Health's finding that the adoption of the Policy set forth herein is necessary for the protection of the public health, and is consistent with section 3707.34 of the Ohio Revised Code; and,
WHEREAS, an emergency exists in the usual daily operation of the Columbus Health Department in that it is immediately necessary to approve Resolution No. 05-24 so that such plans are enforceable at the earliest possible date, thereby preserving the public health, peace, property, safety and welfare; and therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That, pursuant to section 3707.34 of the Ohio Revised Code, the Policy articulated in Resolution 05-24 is hereby adopted and approved by the Columbus City Council.
Section 2. That, the Health Commissioner may determine, in his/her sole discretion, 1) that there exists a public health emergency that threatens the public health, 2) that immediate responsive action to such public health emergency is required, and 3) that circumstances render a meeting of the Board of Health impractical or impossible, or that delaying action until a meeting of the Board of Health will compromise public health.
Section 3 That the Health Commissioner is hereby delegated the authority to act on behalf of the Board of Health in administering and enforcing the provisions of sections 3707.04 to 3707.32 of the Ohio Revised Code regarding quarantine and isolation.
Section 4 That an order of isolation and/or quarantine shall be issued by the Health Commissioner only upon the Health Commissioner's determining in his/her sole discretion that there is no less restrictive and equally efficacious alternative sufficient to protect the health.
Section 5 That actions taken by the Health Commissioner regarding quarantine and isolation shall be consistent with the authority granted the Board of Health by the provisions of sections 3707.04 to 3707.32 of the Ohio Revised Code.
Section 6 That any action taken by the Health Commissioner in accordance with the Policy shall be deemed actions of the Board of Health unless the Board of Health votes to nullify the Health Commissioner's action.
Section 7 That this Policy may be rescinded by the Board of Health upon a determination by the Board that the authority hereby delegated to the Health Commissioner is no longer necessary.
Section 8 That, as used in the Resolution, the terms bioterrorism, Health Commissioner, contagious or communicable disease, epidemic, public health emergency, isolation, and quarantine have the meanings set out in Chapter 775.01 of the City of Columbus Health Code.
Section 9. That for the reasons stated in the preamble herein which is hereby made a part hereto, this resolution is hereby declared to be an emergency measure and shall take effect from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.