135.142 - HEALTH CARE SUPPLIES.
135.142 HEALTH CARE SUPPLIES.
1. The department may purchase and distribute antitoxins, serums,
vaccines, immunizing agents, antibiotics, and other pharmaceutical
agents or medical supplies as deemed advisable in the interest of
preparing for or controlling a public health disaster.
2. If a public health disaster exists or there is reasonable
cause to believe that a public health disaster is imminent and if the
public health disaster or belief that a public health disaster is
imminent results in a statewide or regional shortage or threatened
shortage of any product described under subsection 1, whether or not
such product has been purchased by the department, the department may
control, restrict, and regulate by rationing and using quotas,
prohibitions on shipments, allocation, or other means, the use, sale,
dispensing, distribution, or transportation of the relevant product
necessary to protect the public health, safety, and welfare of the
people of this state. The department shall collaborate with persons
who have control of the products when reasonably possible.
3. In making rationing or other supply and distribution
decisions, the department shall give preference to health care
providers, disaster response personnel, and mortuary staff.
4. During a public health disaster, the department may procure,
store, or distribute any antitoxins, serums, vaccines, immunizing
agents, antibiotics, and other pharmaceutical agents or medical
supplies located within the state as may be reasonable and necessary
to respond to the public health disaster, and may take immediate
possession of these pharmaceutical agents and supplies. If a public
health disaster affects more than one state, this section shall not
be construed to allow the department to obtain antitoxins, serums,
vaccines, immunizing agents, antibiotics, and other pharmaceutical
agents or medical supplies for the primary purpose of hoarding such
items or preventing the fair and equitable distribution of these
pharmaceutical and medical supplies among affected states. The
department shall collaborate with affected states and persons when
reasonably possible.
5. The state shall pay just compensation to the owner of any
product lawfully taken or appropriated by the department for the
department's temporary or permanent use in accordance with this
section. The amount of compensation shall be limited to the costs
incurred by the owner to procure the item. Section History: Recent Form
2003 Acts, ch 33, §3, 11; 2004 Acts, ch 1086, §34