135.144 - ADDITIONAL DUTIES OF THE DEPARTMENT RELATED TO A PUBLIC HEALTH DISASTER.
135.144 ADDITIONAL DUTIES OF THE DEPARTMENT RELATED
TO A PUBLIC HEALTH DISASTER.
If a public health disaster exists, the department, in conjunction
with the governor, may do any of the following:
1. Decontaminate or cause to be decontaminated, to the extent
reasonable and necessary to address the public health disaster, any
facility or material if there is cause to believe the contaminated
facility or material may endanger the public health.
2. Adopt and enforce measures to provide for the identification
and safe disposal of human remains, including performance of
postmortem examinations, transportation, embalming, burial,
cremation, interment, disinterment, and other disposal of human
remains. To the extent possible, religious, cultural, family, and
individual beliefs of the deceased person or the deceased person's
family shall be considered when disposing of any human remains.
3. Take reasonable measures as necessary to prevent the
transmission of infectious disease and to ensure that all cases of
communicable disease are properly identified, controlled, and
treated.
4. Take reasonable measures as necessary to ensure that all cases
of chemical, biological, and radiological contamination are properly
identified, controlled, and treated.
5. Order physical examinations and tests and collect specimens as
necessary for the diagnosis or treatment of individuals, to be
performed by any qualified person authorized to do so by the
department. An examination or test shall not be performed or ordered
if the examination or test is reasonably likely to lead to serious
harm to the affected individual. The department may isolate or
quarantine, pursuant to chapter 139A and the rules implementing
chapter 139A and this division of this chapter, any individual whose
refusal of medical examination or testing results in uncertainty
regarding whether the individual has been exposed to or is infected
with a communicable or potentially communicable disease or otherwise
poses a danger to public health.
6. Vaccinate or order that individuals be vaccinated against an
infectious disease and to prevent the spread of communicable or
potentially communicable disease. Vaccinations shall be administered
by any qualified person authorized to do so by the department. The
vaccination shall not be provided or ordered if it is reasonably
likely to lead to serious harm to the affected individual. To
prevent the spread of communicable or potentially communicable
disease, the department may isolate or quarantine, pursuant to
chapter 139A and the rules implementing chapter 139A and this
division of this chapter, any person who is unable or unwilling to
undergo vaccination pursuant to this subsection.
7. Treat or order that individuals exposed to or infected with
disease receive treatment or prophylaxis. Treatment or prophylaxis
shall be administered by any qualified person authorized to do so by
the department. Treatment or prophylaxis shall not be provided or
ordered if the treatment or prophylaxis is reasonably likely to lead
to serious harm to the affected individual. To prevent the spread of
communicable or potentially communicable disease, the department may
isolate or quarantine, pursuant to chapter 139A and the rules
implementing chapter 139A and this division of this chapter, any
individual who is unable or unwilling to undergo treatment or
prophylaxis pursuant to this section.
8. Isolate or quarantine individuals or groups of individuals
pursuant to chapter 139A and the rules implementing chapter 139A and
this division of this chapter.
9. Inform the public when a public health disaster has been
declared or terminated, about protective measures to take during the
disaster, and about actions being taken to control the disaster.
10. Accept grants and loans from the federal government pursuant
to section 29C.6 or available provisions of federal law.
11. If a public health disaster or other public health emergency
situation exists which poses an imminent threat to the public health,
safety, and welfare, the department, in conjunction with the
governor, may provide financial assistance, from funds appropriated
to the department that are not otherwise encumbered, to political
subdivisions as needed to alleviate the disaster or the emergency.
If the department does not have sufficient unencumbered funds, the
governor may request that the executive council, pursuant to the
authority of section 7D.29, commit sufficient funds, up to one
million dollars, that are not otherwise encumbered from the general
fund, as needed and available, for the disaster or the emergency. If
additional financial assistance is required in excess of one million
dollars, approval by the legislative council is also required.
12. Temporarily reassign department employees for purposes of
response and recovery efforts, to the extent such employees consent
to the reassignments. Section History: Recent Form
2003 Acts, ch 33, §5, 11; 2003 Acts, ch 179, §65; 2004 Acts, ch
1097, §1; 2005 Acts, ch 19, §32; 2009 Acts, ch 37, §9