(A) When the Director receives information from the following that a member or members of the public have been, or may have been exposed to a communicable disease, illness or poisoning by biological, chemical radiological or nuclear agents, the Director will review all information under the following provisions to determine if any directed health measure should be ordered:
(1) The United States Department of Health and Human Services Centers for Disease Control and Prevention;
(2) The state’s Public Health Department;
(3) Any other local Public Health Department;
(4) Communicable disease surveillance conducted by the Central District Health Department; or
(5) Treating health care providers or health care facilities.
(B) Before ordering a directed health measure, the Director:
(1) Must find both:
(a) A member or members of the public have been, or may have been exposed; and
(b) Directed health measures exist to effectively prevent, limit or slow the spread of communicable disease or to prevent, limit or slow public exposure to or spread of biological, chemical, radiological or nuclear agents.
(2) Must find one or more of the following:
(a) The exposure presents a risk of death or serious long-term disabilities to any person;
(b) The exposure is wide-spread and poses a significant risk of harm to people in the general population; or
(c) There is a particular subset of the population that is more vulnerable to the threat and thus at increased risk.
(3) May make further finding, in assessing the nature of the risk presented:
(a) Whether the threat is from a novel or previously eradicated infectious agent or toxin;
(b) Whether the threat is or may be a result of intentional attack, accidental release or natural disaster; and
(c) Whether any person(s) or agent(s) posing the risk of communicating the disease are non-compliant with any measures ordered by a health care provider.
(C) (1) If affirmative findings are made pursuant to division (B) above and the Director further finds that a delay in the imposition of an effective directed health measure would significantly jeopardize the ability to prevent or limit the transmission of a communicable disease, illness or poisoning or pose unacceptable risks to any person or persons, the director may impose any of the directed health measures set out in § 1-2204 of this article.
(2) The Director’s findings will be reported to the state’s Public Health Department Communicable Disease Control program.
(3) The Director may refer the findings to the Director of the state’s Public Health Department and defer to that Director for the imposition of measures under the state’s Public Health Department’s authority.
(Ord. 889, passed 7-10-2006)