Explanation
The purpose of this resolution is to approve Resolution No. 05-25, which was passed by the Columbus Board of Health in order to address emergency preparedness in the event of a public health emergency. This resolution will approve the creation of Title Seven of the Columbus Health Code by the Board of Health pursuant to Resolution No. 05-25. Approval of this resolution is necessary in order to have a plan in place to address public health emergencies such as acutely hazardous communicable diseases. This resolution is being submitted as an emergency measure in order to have such processes in place at the earliest possible date.
Title
To approve Resolution No. 05-25 adopted by the Columbus Board of Health creating Title Seven of the Columbus Health Code consisting of new Sections 775.01 through 775.05 to address Emergency Preparedness in the context of public health emergencies; and to declare an emergency.
Body
WHEREAS, the creation of Title Seven, Emergency Preparedness, of the Columbus City Health Code consisting of Sections 775.01 through 775.05 is necessary in order to have a plan in place to address public health emergencies including the occurrence or imminent threat of acutely hazardous communicable diseases such as SARS, pandemic influenza and tuberculosis, or bioterrorism; and
WHEREAS, the Columbus City Council and the Columbus Board of Health recognizes the serious threat to the human population posed by public health emergencies including the occurrence or imminent threat of acutely hazardous communicable diseases such as SARS, pandemic influenza and tuberculosis, or bioterrorism; and
WHEREAS, it is necessary and advisable to create Title Seven, Emergency Preparedness, of the Columbus City Health Code consisting of Sections 775.01 through 775.05 to address the issue of emergency preparedness in the event of a public health emergency; and
WHEREAS, the Columbus City Council concurs with the Columbus Board of Health's finding that the creation of Title Seven, Emergency Preparedness, of the Columbus City Health Code is necessary for the protection of the public health, 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. 05-25 so that such plans are enforceable at the earliest possible date, thereby preserving the public health, peace, property, safety and welfare; and, therefore
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to approve Resolution No. 05-25 adopted by the Columbus Board of Health so that such plans are enforceable at the earliest possible date, thereby preserving the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Resolution No. 05-25, adopted by the Columbus Board of Health creating new Title Seven in the Columbus Health Code is hereby approved and new Title Seven shall read as follows:
775.01 DEFINITIONS
(a) As used in Title Seven of the Health Code:
(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 a microorganism, virus, infectious substance, or other biological product, to cause death, disease, or other biological malfunction in a human, animal, plant or other living organism as a means of influencing the conduct of government or intimidating or coercing a population.
(2) "Board of Health" means the Board of Health of the City of Columbus.
(3) "Commissioner" or "Health Commissioner" means the Health Commissioner and/or the acting Health Commissioner of the City of Columbus.
(4) "Contagious or communicable disease" means an infectious disease that can be transmitted from person to person.
(5) "Epidemic" means the occurrence of cases of disease in numbers greater than expected in a particular population or for a particular period of time.
(6) "Infected individual" means a person whose body harbors a specific microorganism capable of producing disease, whether or not the person is experiencing signs or symptoms of the disease.
(7) "Infectious disease" means a disease caused by a living organism or other pathogen, including a fungus, bacterium, parasite, protozoan, or virus. An infectious disease may or may not be transmissible from person to person, animal to person, or insect to person.
(8) "Isolation" means the separation of an individual or groups of individuals who are infected or reasonably believed to be infected with a contagious or possibly contagious disease from non-isolated individuals during the period of disease communicability in such a way that prevents, as far as possible, the direct or indirect conveyance of an infectious agent to non-isolated individuals.
(9) "Period of communicability" means the interval during which an infected individual or animal is shedding the specific microorganism of a communicable disease in such a manner that other persons could acquire the infection.
(10) "Public health emergency" means an occurrence or imminent threat of an acutely hazardous disease such as tuberculosis, SARS, or pandemic influenza, or an occurrence or imminent threat of an illness or health condition that:
(A) is believed to be caused by any of the following:
(i) bioterrorism;
(ii) the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin; and
(B) poses a high probability of any of the following harms:
(i) a large number of deaths in the affected population;
(ii) a large number of serious or long-term disabilities in the affected population; or
(iii) widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to a large number of people in the affected population,
(11) "Quarantine" means the restriction of the movements or activities of a well individual or animal who has been exposed to a communicable disease during the period of communicability of that disease and in such a manner that transmission of the disease may have occurred. The duration of the quarantine ordered shall be equivalent to the usual incubation period of the disease to which the person or animal was exposed.
775.02 DECLARATION OF PUBLIC HEALTH EMERGENCY
(a) If the Board of Health, or the Health Commissioner acting pursuant to a Resolution adopted by the Board of Health, finds that a public health emergency as defined in Chapter 775.01 of the City of Columbus Health Code exists or is threatened, the Board and/or the Health Commissioner may issue a declaration of a public health emergency.
(b) A declaration of public health emergency shall specify:
(1) The nature of the public health emergency;
(2) The geographic area within the City of Columbus subject to the declaration;
(3) The duration of the public health emergency, if known.
(c) If a declaration of public health emergency is issued by the Board and/or the Health Commissioner, the Health Commissioner, if acting pursuant to a policy adopted by the Board of Health, may act on behalf of the Board of Health in administering the provisions of sections 3707.04 to 3707.32 of the Ohio Revised Code and applicable rules of the City of Columbus Health Code regarding quarantine and isolation, and may further act on behalf of the Board of Health in administering applicable rules of the City of Columbus Health Code regarding testing and treatment.
(d) The Board of Health and/or the Health Commissioner shall terminate the declaration of public health emergency upon a finding that the occurrence or condition that caused the emergency no longer exists or is threatened. In any event, the declaration of public health emergency shall be terminated automatically after thirty (30) days unless renewed by the Board of Health and/or the Health Commissioner pursuant to this rule. Any such renewal shall also be terminated automatically after thirty (30) days unless renewed pursuant to this rule.
775.03 SPECIAL POWERS DURING PUBLIC HEALTH EMERGENCY:
QUARANTINE AND ISOLATION
(a) During a public health emergency, the Board of Health and/or the Health Commissioner acting pursuant to a Resolution adopted by the Board of Health, if necessary for the protection of the public health, may issue an order of quarantine or isolation.
(b) Any quarantine or isolation ordered by the Board of Health and/or Health
Commissioner shall be consistent with the following:
(1) Isolation and quarantine shall be by the least restrictive means necessary as determined by the Board of Health and/or the Health Commissioner to prevent the spread of a contagious or possibly contagious disease to other persons.
(2) Isolated individuals shall be confined separately from quarantined individuals.
(3) The health status of individuals under quarantine or isolation shall be monitored regularly to determine if continued quarantine or isolation is necessary.
(4) If a quarantined individual becomes infected or is reasonably believed to have become infected with a contagious or possibly contagious disease, such individual shall promptly be removed to isolation.
(5) Isolated or quarantined individuals shall immediately be released when they pose no substantial risk of transmitting a contagious or possibly contagious disease to others.
(6) The Board of Health shall provide quarantined or isolated persons food, fuel, and other necessities of life, including medical attendance, medicine, and nurses when necessary.
(7) To the extent reasonably possible, cultural and religious beliefs shall be considered in addressing the needs of individuals and in establishing and maintaining quarantined and isolated premises.
(8) An order of quarantine or isolation issued by the Board of Health and/or the Health Commissioner shall specify the identity of the individuals or groups of individuals subject to quarantine or isolation; the premises subject to quarantine or isolation; the date and time at which the quarantine or isolation commences, and the suspected contagious disease if known.
(9) An order of quarantine or isolation issued by the Board of Health and/or the Health Commissioner shall expire after seventy-two (72) hours or the applicable period of communicability, whichever first occurs, unless extended by order of a court of competent jurisdiction.
775.04 SPECIAL POWERS DURING PUBLIC HEALTH EMERGENCY:
CONTROL OF ROADS AND PUBLIC AREAS
(a) During a public health emergency, upon application to, and authorization from, the Ohio Department of Health pursuant to section 3707.05 of the Revised Code, and if necessary to protect the public health, the Board of Health and/or the Health Commissioner may:
(1) Control and/or limit ingress and egress to and from any stricken or threatened public area, and control and/or limit the movement of persons within the area if such action is reasonable and necessary to respond to the public health emergency.
(2) Prescribe routes, modes of transportation, and destinations in connection with the evacuation of persons or the provisions of emergency services.
775.05 SPECIAL POWERS DURING PUBLIC HEALTH EMERGENCY:
TESTING AND TREATMENT
(a) During a public health emergency declared pursuant to Rule 775.02 of the City of Columbus Health Code, the Board of Health and/or the Health Commissioner may require the performance of physical examinations and/or tests as are necessary for the diagnosis or treatment of individuals.
(1) Medical examinations may be performed by any qualified person authorized to do so by the Board of Health and/or the Health Commissioner.
(2) Medical examinations or tests may not be such as are reasonably likely to lead to serious harm to the affected individual.
(3) The Board of Health and/or Health Commissioner may issue, pursuant to Rule 775.03 of the City of Columbus Health Code, an order of quarantine or isolation with respect to any individual whose refusal of medical examination or testing results in uncertainty as to whether he or she has been exposed to or is infected with a contagious or possibly contagious disease, or otherwise poses a danger to public health.
(b) During a public health emergency declared pursuant to Rule 775.02 of the City of Columbus Health Code, the Board of Health or the Health Commissioner may exercise the following powers as necessary to address the public health emergency:
(1) The Board of Health and/or Health Commissioner may order the vaccination of persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease.
(2) Vaccination may be performed by any qualified person authorized to do so by the Board of Health and/or the Health Commissioner or as otherwise authorized by law.
(3) Any vaccine administered may not be such as is reasonably likely to lead to serious harm to the affected individual.
(4) If necessary to prevent the spread of contagious or possibly contagious disease, the Board of Health and/or the Health Commissioner may issue, pursuant to Rule 775.03 of the City of Columbus Health Code, an order of quarantine or isolation with respect to any individual who is unable to or unwilling for reasons of health, religion or conscience to undergo vaccination pursuant to this Rule.
(c) During a public health emergency declared pursuant to Rule 775.02 of the City of Columbus Health Code, the Board of Health and/or the Health Commissioner may exercise the following additional powers as necessary to address the public health emergency:
(1) The Board of Health and/or the Health Commissioner may order the treatment of persons exposed to or infected with disease.
(2) Treatment may be administered by any qualified person authorized to do so by the Board of Health and/or the Health Commissioner or as otherwise authorized by law.
(3) Any treatment administered may not be such as is reasonably likely to lead to serious harm to the affected individual.
(4) If necessary to prevent the spread of contagious or possibly contagious disease, the Board of Health and/or the Health Commissioner may issue, pursuant to Rule 775.03 of the City of Columbus Health Code, an order of quarantine or isolation with respect to any individual who is unable or unwilling for reasons of health, religion or conscience to undergo treatment pursuant to this Rule.
(d) In addition to the specific powers hereinabove set forth, the Board of Health or the Health Commissioner shall have all other powers and authority provided by law necessary to protect the public health, safety, and welfare during such public health emergency.
Section 2. That for the reasons stated in the preamble hereto, which is hereby made a part herein, this resolution is hereby declared to be an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.