Pandemic Influenza Plan - Questar III

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Appendix 1-G services pursuant to a release of confidential HIV related information may disclose or be compelled to disclose such information except as provided in Public Health Law 2782 and Article 27-F. Release of patient medical records procedures are provided for in Public Health Law 17 upon the written request of the patient to an examining, consulting or treating physician or hospital. Access to patient information is governed generally by Public Health Law 18. V. ENFORCEMENT Authority: A. Criminal penalties — Public Health Law 12-b(2) provides that a person who willfully violates any provision of the Public Health Law or any regulation lawfully made or established by any public officer or board under authority of the Public Health Law, the punishment for violating which is not otherwise prescribed by the Public Health Law or any other law, is punishable by imprisonment not exceeding one year, or by a fine not exceeding $2000 or by both. B. Physician discipline — A physician may be charged via the disciplinary processes of Public Health Law 230 with professional misconduct pursuant to Education Law 6530(16) for a willful or grossly negligent failure to make a communicable disease report required under 10 NYCRR 2.10. C. Civil penalties — Pursuant to Public Health Law 12 and 206, any person, including health facilities licensed under Public Health Law Article 28, who violates any provision of the Public Health Law or regulations made pursuant to it shall be liable for a civil penalty of not to exceed $2000 for every such violation. A health facility licensed under Public Health Law Article 28 may subject its operating certificate to revocation, pursuant to Public Health Law 2806(1) for violation of the Public Health Law or applicable regulations, including communicable disease reporting requirements. D. Obstruction or interference with State health inspector — No person shall interfere with or obstruct the inspection or examination of any occupant of any house, building, vessel or other premises by the State Commissioner of Health in the discharge of her official duties.(10 NYCRR 1.11). February 7, 2006 16
Appendix 1-H Summary of Public Officers Law Coverage Regarding Volunteers In April 2004, the Department of Health received an opinion from the Attorney General’s (AG) office, which confirmed the application of P.O.L. § 17 to the NYS DOH Volunteer Database. Public Officers Law § 17 provides defense and indemnification to employees of the State for acts or omissions that occur while the employee was acting within the scope of his/her employment or official duties. The definition of employee includes those volunteers “expressly authorized to participate in a State sponsored volunteer program.” Where injury occurs because of his or her intentional wrongdoing or recklessness, the volunteer would not be covered under § 17. When Public Officers Law § 17 applies, the State is not substituted as the defendant in the action; the volunteer is the named defendant. The State, through the Attorney General’s office, provides a legal defense (attorney, assistance, etc.) for the employee. Should the injured individual prevail at trial, the judgment would be against the individual volunteer, but because the State provides indemnification, the State would pay the judgment and not the volunteer. Although the AG’s opinion references the database of volunteer physicians created in conjunction with the Medical Society of the State of New York (MSSNY), the opinion does not limit the application of P.O.L. § 17 to only those on the MSSNY list. Rather, the opinion addressed whether or not the volunteer database established by the State and its proposed use qualify as a “state sponsored volunteer program” triggering the application of P.O.L. § 17 to volunteers. This determination by the AG is not profession specific (i.e., limited to the physician members of MSSNY). Any professional 1 volunteer who is a part of the database and who is activated and authorized to act by NYSDOH during an emergency will be afforded the benefits provided by P.O.L. § 17 2 . Those who act on their own and who are not on the volunteer database will not be offered the benefits of P.O.L. § 17. The volunteers must be activated from the list and expressly authorized by the State to act in order to qualify for the statutory provisions. In addition, this statutory liability coverage would be secondary to any malpractice or liability insurance coverage the volunteer may have 3 . Volunteers should read their policy or contact their carrier to determine whether or not the policy would cover actions taken while acting as a volunteer. Should volunteer activities be excluded from their policy, P.O.L. § 17 would be the volunteer’s primary protection. In the event there is a specific statute, e.g., § 304 of the Homeland Security Act, that provides protection for public health emergency volunteers, P.O.L. § 17 cannot be overlooked. For example, section 17 may be relevant if the volunteer is involved in the smallpox vaccination program. If § 304 of the Homeland Security Act * does apply and an injured vaccinee attempts to bring a suit against the individual volunteer in state court, the state, county or local government would provide an attorney for the volunteer. The attorney would be needed to argue the application of § 304 on behalf of the volunteer in order to get the state suit against him/her dismissed. 1 Doctors, nurses, pharmacists, dentists, veterinarians, etc. 2 P.O.L. § 17 protection will be available provided the requisite criteria are met (e.g., activated and deployed by NYSDOH, no intentional wrongdoing, timely notice to the AG’s office). 3 The volunteer would still have to give the AG’s office timely notice and meet the other procedural requirements for coverage in order to qualify for P.O.L. § 17 protection, which would be needed if the judgment exceeded their policy limit. * Section 304 of the Homeland Security act provides immunity from liability for certain volunteers involved in the smallpox vaccination program. For more information, see separate document entitled Summary of Section 304 of the Homeland Security Act. February 7, 2006
Page 1 and 2: February206 Pandemic Plan NewYorkSt
Page 3 and 4: Introduction Pandemic influenza occ
Page 5 and 6: example, at this time, it is realis
Page 7 and 8: Acronyms (cont.) IND IHANS IRB ISHS
Page 9 and 10: Section 1: Command and Control I. O
Page 11 and 12: Section 1: Command and Control pers
Page 13 and 14: February 7, 2006 Appendix 1-A
Page 15 and 16: Appendix 1-B The Public Health Law
Page 17 and 18: Appendix 1-B communicable diseases
Page 19 and 20: Appendix 1-C Management Office or t
Page 21 and 22: Appendix 1-E Suspension of Public M
Page 23 and 24: Appendix 1-G A Guide to New York St
Page 25 and 26: Appendix 1-G health commissioner. P
Page 27 and 28: Appendix 1-G 8. State Institutions
Page 29 and 30: Appendix 1-G b. Governor May Invoke
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Page 67 and 68: NYSDOH Novel Influenza Case Report
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Section 3: Healthcare Planning and
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Section 4: Infection Control I. Ove
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Section 4: Infection Control I. Ove
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Section 4: Infection Control A. Bas
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Section 4: Infection Control Drople
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Section 4: Infection Control • Pe
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Section 4: Infection Control o Noti
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Section 4: Infection Control E. Coh
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Section 4: Infection Control If wid
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Section 4: Infection Control • En
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Section 4: Infection Control should
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Section 4: Infection Control Policy
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Section 4: Infection Control o Staf
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Section 4: Infection Control • De
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Section 4: Infection Control • Pr
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Section 4: Infection Control The ma
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Section 4: Infection Control • Up
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Section 4: Infection Control Health
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Appendix 4-A Soiled linen and laund
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Appendix 4-B Respiratory Hygiene/Co
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Section 5: Clinical Guidelines I. O
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Section 5: Clinical Guidelines incu
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Section 5: Clinical Guidelines 1) N
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Section 5: Clinical Guidelines infe
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Section 5: Clinical Guidelines Alth
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Section 5: Clinical Guidelines Infe
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Section 5: Clinical Guidelines •
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Appendix 5-B Clinical Evaluation of
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Appendix 5-C Special Situations and
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Appendix 5-D handling soiled laundr
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DRAFT Appendix 5-E Footnotes to App
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Appendix 5-F February 7, 2006 1
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Appendix 5-F 7. Guidance on the eva
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Appendix 5-H Source: U.S. Departmen
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February 7, 2006 2 Appendix 5-I
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Appendix 5-J Clinical Presentation
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Appendix 5-J diabetes mellitus), re
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Appendix 5-J resistant S. aureus (M
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Appendix 5-K eight patients—all o
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Appendix 5-L Guidelines for Managem
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Appendix 5-L testing should be perf
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Appendix 5-L February 7, 2006 5
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Section 6: Vaccine Procurement, Dis
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Appendix 6-A Vaccine Priority Group
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Appendix 6-B Mass Clinic Planning O
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Appendix 6-C Vaccine and Antiviral
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Appendix 6-C 1. Request Phase The r
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Appendix 6-C 3. Receipt and Sign-of
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Appendix 6-C • Work with local he
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Section 7: Antiviral Medication Pro
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Appendix 7-A Characteristics of Ant
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Appendix 7-B a The drug package ins
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Appendix 7-C 7 HCWs in emergency de
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Section 8: Travel-Related Disease C
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Appendix 8-A Home or Community-Base
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Appendix 8-B Contact Identification
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Appendix 8-B • Determine the time
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Appendix 8-C Administrative Data: S
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Appendix 8-D CONTACT DAILY TEMPERAT
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Appendix 8-F Definitions: Intervent
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Appendix 8-F facility. No specific
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Appendix 8-F • Resources Required
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Appendix 8-G Business Pandemic Infl
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Appendix 8-G 4. Allocate resources
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Appendix 8-H CDC guidelines suggest
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Appendix 8-H If I am not masked I
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Appendix 8-H NYSDOH Model Influenza
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Appendix 8-H I understand that if
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Section 9: Communications I. Overvi
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Section 9: Communications and commu
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Section 9: Communications web pages
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Section 9: Communications Local Hea
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Section 9: Communications • A JIC
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Section 9: Communications backup to
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Section 9: Communications • In th
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Appendix 9-A Public Health Risk Com
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Appendix 9-C New York State Departm
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Appendix 9-C PRE-EVENT MESSAGE MAP:
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Appendix 9-C PROTECTIVE MESSAGE MAP
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Appendix 9-C TREATMENT MESSAGE MAP:
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Appendix 9-C BUSINESS CONTINUITY PR
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Section 10: Training and Education
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Appendix 10-A NYSDOH STAFF PRIVATE
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FACILITY- BASED RNs FACILITY- BASED
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Section 11: Workforce Support I. Ov
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Section 11: Workforce Support Pande
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Section 12: Highly Pathogenic H5N1
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Section 12: H5N1 in Non-Human Anima
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Section 13: Public Health Preparedn
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Appendix 13-A NYSDOH Roles Notified
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Appendix 13-B Notifications sent by
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Appendix 13-B HAN posting is used a
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Appendix 13-B notification system t
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Appendix 13-C Overview of the Healt
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Appendix 13-C • Ongoing surveilla
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Table 1. Summary of HERDS Use To da
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Appendix 13-D Commerce Access and A
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Appendix 13-D Table 3. Organization
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Pandemic Influenza Plan - Questar III

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