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