S T A T E O F N E W Y O R K
________________________________________________________________________
1561
2009-2010 Regular Sessions
I N S E N A T E
February 3, 2009
___________
Introduced by Sens. LAVALLE, ALESI, DeFRANCISCO, FLANAGAN, GOLDEN,
LARKIN, LITTLE, MORAHAN, VOLKER, WINNER -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to establishing a pandem-
ic preparedness task force
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 716 to
read as follows:
S 716. PANDEMIC PREPAREDNESS TASK FORCE. 1. THERE IS HEREBY ESTAB-
LISHED IN THE OFFICE OF HOMELAND SECURITY A PANDEMIC PREPAREDNESS TASK
FORCE TO BE COMPOSED OF EIGHTEEN MEMBERS WHO SHALL BE APPOINTED IN THE
FOLLOWING MANNER: THREE SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE; TWO SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
THREE SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY; AND EIGHT SHALL BE
APPOINTED BY THE GOVERNOR. THE GOVERNOR SHALL DESIGNATE THE CHAIRPERSON
OF THE TASK FORCE. THE MEMBERS OF THE TASK FORCE SHALL BE REPRESENTATIVE
OF STATE GOVERNMENT, THE PUBLIC HEALTH FIELD, HEALTH CARE SERVICES
PROVIDERS, EMERGENCY RESPONSE ORGANIZATIONS AND AGRICULTURE. SUCH
APPOINTING OFFICIALS SHALL EITHER REPLACE OR REAPPOINT THE MEMBERS OF
SUCH COMMITTEE FOR THREE YEAR TERMS, ACCORDING TO THE FOLLOWING SCHED-
ULE:
(A) EFFECTIVE JANUARY FIRST, TWO THOUSAND ELEVEN: ANY THREE ORIGINAL
APPOINTEES OF THE GOVERNOR, ONE ORIGINAL APPOINTEE OF THE TEMPORARY
PRESIDENT OF THE SENATE, ONE ORIGINAL APPOINTEE OF THE SPEAKER OF THE
ASSEMBLY AND ONE ORIGINAL APPOINTEE OF THE MINORITY LEADER OF THE
SENATE;
(B) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWELVE: ANY THREE OF THE
REMAINING ORIGINAL APPOINTEES OF THE GOVERNOR, ONE OF THE REMAINING
ORIGINAL APPOINTEES OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05361-01-9
S. 1561 2
REMAINING ORIGINAL APPOINTEES OF THE SPEAKER OF THE ASSEMBLY AND ONE
ORIGINAL APPOINTEE OF THE MINORITY LEADER OF THE ASSEMBLY;
(C) EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN: THE TWO REMAINING
ORIGINAL APPOINTEES OF THE GOVERNOR, THE REMAINING ORIGINAL APPOINTEE OF
THE TEMPORARY PRESIDENT OF THE SENATE, THE REMAINING ORIGINAL APPOINTEE
OF THE SPEAKER OF THE ASSEMBLY, THE REMAINING ORIGINAL APPOINTEE OF THE
MINORITY LEADER OF THE SENATE AND THE REMAINING ORIGINAL APPOINTEE OF
THE MINORITY LEADER OF THE ASSEMBLY;
(D) REPLACEMENTS OR REAPPOINTMENTS THEREAFTER SHALL BE MADE AT THE
EXPIRATION OF THE TERM OF EACH MEMBER, BY THE APPOINTING OFFICIAL WHO
ORIGINALLY APPOINTED SUCH MEMBER; AND
(E) VACANCIES SHALL BE FILLED BY APPOINTMENT IN LIKE MANNER FOR UNEX-
PIRED TERMS.
2. THE TASK FORCE SHALL PREPARE AN INFLUENZA PANDEMIC PLAN. SUCH PLAN
SHALL SET FORTH:
(A) A PROTOCOL FOR THE DETECTION OF AND RESPONSE TO AN INFLUENZA
PANDEMIC;
(B) GUIDANCE TO LOCAL HEALTH DEPARTMENTS AND LOCAL INFORMATION NETWORK
AND COMMUNICATION SYSTEM AGENCIES IN THE DEVELOPMENT OF THEIR INFLUENZA
PANDEMIC PLANS; AND
(C) GUIDANCE TO OTHER PUBLIC HEALTH CARE PARTNERS REGARDING THEIR
ROLES RELATED TO AN INFLUENZA PANDEMIC.
3. IN ADDITION TO PREPARING THE PLAN SET FORTH IN SUBDIVISION TWO OF
THIS SECTION, THE TASK FORCE SHALL:
(A) DELINEATE ACCOUNTABILITY AND RESPONSIBILITY, CAPABILITIES, AND
RESOURCES FOR AGENCIES ENGAGED IN PLANNING AND EXECUTING SPECIFIC COMPO-
NENTS OF THE INFLUENZA PANDEMIC PLAN TO ASSURE THAT THE PLAN INCLUDES
TIMELINES, DELIVERABLES, AND PERFORMANCE MEASURES;
(B) CLARIFY WHICH ACTIVITIES WILL BE PERFORMED AT A STATE, LOCAL, OR
COORDINATED LEVEL, AND INDICATE WHAT ROLE THE STATE WILL HAVE IN PROVID-
ING GUIDANCE AND ASSISTANCE;
(C) ADDRESS INTEGRATION OF STATE, LOCAL, TRIBAL, TERRITORIAL, AND
REGIONAL PLANS ACROSS JURISDICTIONAL BOUNDARIES IN THE PLAN;
(D) FORMALIZE AGREEMENTS WITH NEIGHBORING JURISDICTIONS AND ADDRESS
COMMUNICATION, MUTUAL AID, AND OTHER CROSS-JURISDICTIONAL NEEDS;
(E) ADDRESS PROVISION OF PSYCHOSOCIAL SUPPORT SERVICES FOR THE COMMU-
NITY, INCLUDING PATIENTS AND THEIR FAMILIES, AND THOSE AFFECTED BY
COMMUNITY CONTAINMENT PROCEDURES IN THE PLAN;
(F) TEST A COMMUNICATION OPERATIONAL PLAN THAT: (I) ADDRESSES THE
NEEDS OF TARGETED PUBLIC, PRIVATE SECTOR, GOVERNMENTAL, PUBLIC HEALTH,
MEDICAL, AND EMERGENCY RESPONSE AUDIENCES; (II) IDENTIFIES PRIORITY
CHANNELS OF COMMUNICATION; (III) DELINEATES THE NETWORK OF COMMUNICATION
PERSONNEL, INCLUDING LEAD SPOKESPERSONS AND PERSONS TRAINED IN EMERGENCY
RISK COMMUNICATIONS; AND (IV) LINKS TO OTHER COMMUNICATION NETWORKS;
(G) IDENTIFY FOR ALL STAKEHOLDERS THE LEGAL AUTHORITIES RESPONSIBLE
FOR EXECUTING THE INFLUENZA PANDEMIC PLAN, ESPECIALLY THOSE AUTHORITIES
RESPONSIBLE FOR CASE IDENTIFICATION, ISOLATION, QUARANTINE, MOVEMENT
RESTRICTION, HEALTHCARE SERVICES, EMERGENCY CARE, AND MUTUAL AID;
(H) MAKE CLEAR TO ALL AGENCIES THE PROCESS FOR REQUESTING, COORDINAT-
ING, AND APPROVING REQUESTS FOR RESOURCES TO STATE AND FEDERAL AGENCIES;
(I) CREATE AN INCIDENT COMMAND SYSTEM FOR THE PANDEMIC PLAN BASED ON
THE NATIONAL INCIDENT MANAGEMENT SYSTEM AND EXERCISE THIS SYSTEM ALONG
WITH OTHER OPERATIONAL ELEMENTS OF THE PLAN;
(J) ASSIST IN ESTABLISHING AND PROMOTING COMMUNITY-BASED TASK FORCES
THAT SUPPORT HEALTHCARE INSTITUTIONS ON A LOCAL OR REGIONAL BASIS;
S. 1561 3
(K) IDENTIFY THE AUTHORITY RESPONSIBLE FOR DECLARING A PUBLIC HEALTH
EMERGENCY AT THE STATE AND LOCAL LEVELS AND FOR OFFICIALLY ACTIVATING
THE PANDEMIC INFLUENZA RESPONSE PLAN;
(L) IDENTIFY THE STATE AND LOCAL LAW ENFORCEMENT PERSONNEL WHO WILL
MAINTAIN PUBLIC ORDER AND HELP IMPLEMENT CONTROL MEASURES AND DETERMINE
IN ADVANCE WHAT WILL CONSTITUTE A "LAW ENFORCEMENT" EMERGENCY AND
EDUCATE LAW ENFORCEMENT OFFICIALS SO THAT THEY CAN PRE-PLAN FOR THEIR
FAMILIES TO SUSTAIN THEMSELVES DURING THE EMERGENCY;
(M) ENSURE THAT THE PLANS ARE SCALABLE TO THE MAGNITUDE AND SEVERITY
OF THE PANDEMIC AND AVAILABLE RESOURCES;
(N) LINK AND ROUTINELY SHARE INFLUENZA DATA FROM ANIMAL AND HUMAN
HEALTH SURVEILLANCE SYSTEMS;
(O) OBTAIN AND TRACK INFORMATION DAILY DURING A PANDEMIC (COORDINATING
WITH EPIDEMIOLOGIC AND MEDICAL PERSONNEL) ON THE NUMBERS AND LOCATION OF
NEWLY HOSPITALIZED CASES, NEWLY QUARANTINED PERSONS, AND HOSPITALS WITH
PANDEMIC INFLUENZA CASES AND USE SUCH REPORTS TO DETERMINE PRIORITIES
AMONG COMMUNITY OUTREACH AND EDUCATION EFFORTS;
(P) INFORM FRONTLINE CLINICIANS AND LABORATORY PERSONNEL OF PROTOCOLS
FOR SAFE SPECIMEN COLLECTION AND TESTING, HOW AND TO WHOM A POTENTIAL
CASE OF NOVEL INFLUENZA SHOULD BE REPORTED, AND THE INDICATIONS AND
MECHANISM FOR SUBMITTING SPECIMENS TO REFERRAL LABORATORIES;
(Q) TEST THE INFLUENZA PANDEMIC PLAN FOR THE HEALTHCARE SECTOR (AS
PART OF THE OVERALL PLAN) THAT ADDRESSES SAFE AND EFFECTIVE: (I) HEALTH-
CARE OF PERSONS WITH INFLUENZA DURING A PANDEMIC; (II) THE LEGAL ISSUES
THAT CAN AFFECT STAFFING AND PATIENT CARE; (III) CONTINUITY OF SERVICES
FOR OTHER PATIENTS; (IV) PROTECTION OF THE HEALTHCARE WORKFORCE; AND (V)
MEDICAL SUPPLY CONTINGENCY PLANS;
(R) ENSURE ALL COMPONENTS OF THE HEALTHCARE DELIVERY NETWORK (E.G.,
HOSPITALS, LONG-TERM CARE, HOME CARE, EMERGENCY CARE) ARE INCLUDED IN
THE INFLUENZA PANDEMIC PLAN AND THAT THE SPECIAL NEEDS OF VULNERABLE AND
HARD-TO-REACH PATIENTS ARE ADDRESSED;
(S) ENSURE THAT PLAN PROVIDES FOR REAL-TIME SITUATIONAL AWARENESS OF
PATIENT VISITS, HOSPITAL BED AND INTENSIVE CARE NEEDS, MEDICAL SUPPLY
NEEDS, AND MEDICAL STAFFING NEEDS DURING A PANDEMIC;
(T) TEST THE INFLUENZA PANDEMIC PLAN FOR SURGE CAPACITY OF HEALTHCARE
SERVICES, WORKFORCE, AND SUPPLIES TO MEET THE NEEDS OF THE JURISDICTION
DURING A PANDEMIC;
(U) DETERMINE WHAT CONSTITUTES A MEDICAL STAFFING EMERGENCY AND EXER-
CISE THE INFLUENZA PANDEMIC PLAN TO OBTAIN APPROPRIATE CREDENTIALS OF
VOLUNTEER HEALTHCARE PERSONNEL (INCLUDING IN-STATE, OUT-OF-STATE, INTER-
NATIONAL, RETURNING RETIRED, AND NON-MEDICAL VOLUNTEERS) TO MEET STAFF-
ING NEEDS DURING A PANDEMIC;
(V) ENSURE HEALTHCARE FACILITIES IN THE JURISDICTION HAVE TESTED A
PLAN FOR ISOLATING AND COHORTING PATIENTS WITH KNOWN OR SUSPECTED INFLU-
ENZA, FOR TRAINING CLINICIANS, AND FOR SUPPORTING THE NEEDS FOR PERSONAL
PROTECTIVE EQUIPMENT;
(W) ENSURE THE HEALTH ALERT NETWORK IN THE JURISDICTION REACHES AT
LEAST EIGHTY PERCENT OF ALL PRACTICING, LICENSED, FRONTLINE HEALTHCARE
PERSONNEL AND LINKS VIA THE COMMUNICATION NETWORK TO OTHER PANDEMIC
RESPONDERS;
(X) CRAFT MESSAGES TO HELP EDUCATE HEALTHCARE PROVIDERS ABOUT NOVEL
AND PANDEMIC INFLUENZA, AND INFECTION CONTROL AND CLINICAL GUIDELINES,
AND THE PUBLIC ABOUT PERSONAL PREPAREDNESS METHODS;
(Y) DEVELOP AND TEST A PLAN (AS PART OF THE COMMUNICATION PLAN) TO
REGULARLY UPDATE PROVIDERS AS THE INFLUENZA PANDEMIC UNFOLDS;
S. 1561 4
(Z) ENSURE APPROPRIATE LOCAL HEALTH AUTHORITIES HAVE ACCESS TO EPI-X
AND ARE TRAINED IN ITS USE;
(AA) WORK WITH HEALTHCARE PARTNERS AND OTHER STAKEHOLDERS TO DEVELOP
STATE-BASED PLANS FOR VACCINE DISTRIBUTION, USE, AND MONITORING; AND FOR
COMMUNICATION OF VACCINE STATUS;
(BB) EXERCISE AN OPERATIONAL PLAN THAT ADDRESSES THE PROCUREMENT,
STORAGE, SECURITY, DISTRIBUTION, AND MONITORING ACTIONS NECESSARY
(INCLUDING VACCINE SAFETY) TO ENSURE ACCESS TO THIS PRODUCT DURING A
PANDEMIC;
(CC) ENSURE THE INFLUENZA PANDEMIC PLAN DELINEATES PROCEDURES FOR
TRACKING THE NUMBER AND PRIORITY OF VACCINE RECIPIENTS, WHERE AND BY
WHOM VACCINATIONS WILL BE GIVEN, A DISTRIBUTION PLAN FOR ENSURING THAT
VACCINE AND NECESSARY EQUIPMENT AND SUPPLIES ARE AVAILABLE AT ALL POINTS
OF DISTRIBUTION IN THE COMMUNITY, THE SECURITY AND LOGISTICAL SUPPORT
FOR THE POINTS OF DISTRIBUTION, AND THE TRAINING REQUIREMENTS FOR
INVOLVED PERSONNEL;
(DD) ADDRESS VACCINE SECURITY ISSUES, COLD CHAIN REQUIREMENTS, TRANS-
PORT AND STORAGE ISSUES, AND BIOHAZARDOUS WASTE ISSUES IN THE OPERA-
TIONAL PLAN;
(EE) ADDRESS THE NEEDS OF VULNERABLE AND HARD-TO-REACH POPULATIONS IN
THE INFLUENZA PANDEMIC PLAN;
(FF) DOCUMENT WITH WRITTEN AGREEMENTS THE COMMITMENTS OF PARTICIPATING
PERSONNEL AND ORGANIZATIONS IN THE VACCINATION OPERATIONAL PLAN;
(GG) INFORM CITIZENS IN ADVANCE ABOUT WHERE THEY WILL BE VACCINATED;
(HH) DEVELOP STATE-BASED PLANS FOR DISTRIBUTION AND USE OF ANTIVIRAL
DRUGS DURING A PANDEMIC VIA THE STRATEGIC NATIONAL STOCKPILE (SNS), AS
APPROPRIATE, TO HEALTHCARE FACILITIES THAT WILL ADMINISTER THEM TO
PRIORITY GROUPS AND ESTABLISH METHODS FOR MONITORING AND INVESTIGATING
ADVERSE EVENTS;
(II) TEST THE OPERATIONAL PLAN THAT ADDRESSES THE PROCUREMENT, STOR-
AGE, SECURITY, DISTRIBUTION, AND MONITORING ACTIONS NECESSARY TO ASSURE
ACCESS TO THESE TREATMENTS DURING A PANDEMIC;
(JJ) ENSURE THE JURISDICTION HAS A CONTINGENCY PLAN IF UNLICENSED
ANTIVIRAL DRUGS ADMINISTERED UNDER INVESTIGATIONAL NEW DRUG OR EMERGENCY
USE AUTHORIZATION PROVISIONS ARE NEEDED;
(KK) EXERCISE THE JURISDICTION'S INFLUENZA PANDEMIC PLAN TO INVESTI-
GATE AND CONTAIN POTENTIAL CASES OR LOCAL OUTBREAKS OF INFLUENZA POTEN-
TIALLY CAUSED BY A NOVEL OR PANDEMIC STRAIN;
(LL) EXERCISE THE JURISDICTION'S CONTAINMENT OPERATIONAL PLAN THAT
DELINEATES PROCEDURES FOR ISOLATION AND QUARANTINE, THE PROCEDURES AND
LEGAL AUTHORITIES FOR IMPLEMENTING AND ENFORCING THESE CONTAINMENT MEAS-
URES (SUCH AS SCHOOL CLOSURES, CANCELING PUBLIC TRANSPORTATION, AND
OTHER MOVEMENT RESTRICTIONS WITHIN, TO, AND FROM THE JURISDICTION) AND
THE METHODS THAT WILL BE USED TO SUPPORT, SERVICE, AND MONITOR THOSE
AFFECTED BY THESE CONTAINMENT MEASURES IN HEALTHCARE FACILITIES, OTHER
RESIDENTIAL FACILITIES, HOMES, COMMUNITY FACILITIES, AND OTHER SETTINGS;
(MM) ENSURE THE JURISDICTION HAS EXERCISED THE OPERATIONAL PLAN TO
IMPLEMENT VARIOUS LEVELS OF MOVEMENT RESTRICTIONS WITHIN, TO, AND FROM
THE JURISDICTION;
(NN) INFORM CITIZENS IN ADVANCE ABOUT WHAT CONTAINMENT PROCEDURES MAY
BE USED IN THE COMMUNITY;
(OO) ASSESS READINESS TO MEET COMMUNICATIONS NEEDS IN PREPARATION FOR
AN INFLUENZA PANDEMIC, INCLUDING REGULAR REVIEW, EXERCISE, AND UPDATE OF
COMMUNICATIONS PLANS;
S. 1561 5
(PP) PLAN AND COORDINATE EMERGENCY COMMUNICATION ACTIVITIES WITH
PRIVATE INDUSTRY, EDUCATION, AND NON-PROFIT PARTNERS (E.G., LOCAL RED
CROSS CHAPTERS);
(QQ) IDENTIFY AND TRAIN LEAD SUBJECT-SPECIFIC SPOKESPERSONS;
(RR) PROVIDE PUBLIC HEALTH COMMUNICATIONS STAFF WITH TRAINING ON RISK
COMMUNICATIONS FOR USE DURING AN INFLUENZA PANDEMIC;
(SS) DEVELOP AND MAINTAIN UP-TO-DATE COMMUNICATIONS CONTACTS OF KEY
STAKEHOLDER AND EXERCISE THE PLAN TO PROVIDE REGULAR UPDATES AS THE
INFLUENZA PANDEMIC UNFOLDS;
(TT) IMPLEMENT AND MAINTAIN, AS APPROPRIATE, COMMUNITY RESOURCES, SUCH
AS HOTLINES AND WEBSITES, TO RESPOND TO LOCAL QUESTIONS FROM THE PUBLIC
AND PROFESSIONAL GROUPS;
(UU) ENSURE THE PROVISION OF REDUNDANT COMMUNICATION SYSTEMS/CHANNELS
THAT ALLOW FOR THE EXPEDITED TRANSMISSION AND RECEIPT OF INFORMATION;
AND
(VV) ASSURE THE DEVELOPMENT OF PUBLIC HEALTH MESSAGES HAS INCLUDED THE
EXPERTISE OF BEHAVIORAL HEALTH EXPERTS.
4. THE TASK FORCE SHALL MEET AT LEAST SIX TIMES A YEAR, AT THE REQUEST
OF THE CHAIRPERSON.
5. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
6. THE TASK FORCE SHALL REPORT TO THE GOVERNOR AND THE LEGISLATURE
WITH A PRELIMINARY DRAFT OF THE INFLUENZA PANDEMIC PLAN REQUIRED BY
SUBDIVISION TWO OF THIS SECTION ON OR BEFORE JULY FIRST, TWO THOUSAND
TEN AND A FINAL PLAN ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TEN.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that the
appointments required to be made pursuant to subdivision 1 of section
715 of the executive law, as added by section one of this act, shall be
made on or before such effective date.