(a) A public health emergency may be declared by the Governor, at the director’s recommendation, upon the event or occurrence of a public health emergency, or the imminent threat of a public health emergency. Prior to such a declaration, the Governor and/or Director, may consult with the Territorial Office of Homeland Security, ASG agencies, federal agencies and may consult with any additional public health or other experts as needed.
(b) A public health emergency shall be declared in a written statement that specifies:
(1) The nature of the public health emergency or the imminent threat of a public health emergency;
(2) The geographic area(s) subject to the declaration;
(3) The conditions that have brought about the public health emergency or imminent threat of a public health emergency; and
(4) The duration of the public health emergency, if less than thirty (30) days.
(c) The declaration of a public health emergency shall activate the response of the department. Such declaration authorizes the deployment and use of any forces that the response requires and the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or available for the response.
(d) The Governor may terminate the state of public health emergency any time after the date of original declaration upon finding that the circumstances or conditions that caused the emergency no longer exist. In the event that the Governor terminates any public health emergency declared, neither the director nor the department shall be liable for the death of, or any injury to individuals, or damage to property, as a result of the director or department’s inability to exercise necessary emergency authority or powers granted by the act.History: 2007, PL 30-11.