Title 10 — Health and Safety

This Chapter may be cited as the “Islan Guåhan Emergency Health Powers Act.”

[The Guam Legislature] finds that: (a) the government must do more to protect the health, safety and general well being of its citizens; (b) new and emerging dangers, including emergent and resurgent infectious diseases and incidents of civilian mass casualties, pose serious and …

The purposes of this Chapter are: (a) to require the development of a comprehensive plan to provide for a coordinated, appropriate response in the event of a public health emergency; (b) to authorize the reporting and collection of data and records, the management of property, th…

(a) “Bioterrorism” is the intentional use of any micro- organism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance or…

I Maga’låhen Guåhan [The Governor] shall appoint a Public Health Emergency Planning Commission (“Commission”), consisting of the government of Guam directors, or their designees, of agencies I Maga=låhen Guåhan [The Governor deems relevant to public health emergency preparedness,…

(a) Content. The Commission shall, within six (6) months of its appointment, deliver to I Maga=låhen Guåhan [The Governor] a plan for responding to a public health emergency, that includes provisions or guidelines on the following: (1) notifying and communicating with the populat…

(a) Illness or Health Condition. A health care provider, coroner, or medical examiner shall report all cases of persons who harbor any illness or health condition that may be potential causes of a public health emergency. Reportable illnesses and health conditions include, but ar…

The public health authority shall ascertain the existence of cases of an illness or health condition that may be potential causes of a public health emergency; investigate all such cases for sources of infection and to ensure that they are subject to proper control measures; and …

(a) Whenever the public safety authority or other government of Guam agency learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event that may be the cause of a public health emergency, it shall immediately notify the public health au…

A state of public health emergency may be declared by I Maga=låhen Guåhan [The Governor] upon the occurrence of a ‘public health emergency,’ as defined in § 19104(m). Prior to such a declaration, I Maga=låhen Guåhan [The Governor] shall consult with the public health authority an…

A state of public health emergency shall be declared by an executive order that specifies: (a) the nature of the public health emergency; (b) the geographic area(s) applicable to the declaration; (c) the conditions that have brought about the public health emergency; (d) the dura…

The declaration of a state of public health emergency shall activate the disaster response and recovery aspects of the government of Guam. Such declaration authorizes the deployment and use of any forces to which the plans apply and the use or distribution of any supplies, equipm…

During a state of public health emergency, the public health authority may request assistance in enforcing orders pursuant to this Chapter from the public safety authority. The public safety authority may request assistance from the organized militia in enforcing the orders of th…

(a) Executive Order. I Maga=låhen Guåhan [The Governor] shall terminate the declaration of a state of public health emergency by executive order upon finding that the occurrence of an illness or health condition that caused the emergency no longer poses a high probability of a la…

Materials. The public health authority may exercise, for such period as the state of public health emergency exists, the following powers over facilities or materials: (a) Facilities. To close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated…

Generally. The public health authority may exercise, for such period as the state of public health emergency exists, the following powers concerning facilities, materials, roads or public areas: (a) Use of Materials and Facilities. To procure, by condemnation or otherwise, constr…

The public health authority may exercise, for such period as the state of public health emergency exists, the following powers regarding the safe disposal of infectious waste. (a) Adopt Measures. To adopt and enforce measures to provide for the safe disposal of infectious waste a…

The public health authority may exercise, for such period as the state of public health emergency exists, the following powers regarding the safe disposal of human remains. (a) Adopt Measures. To adopt and enforce measures to provide for the safe disposal of human remains as may …

(a) Procurement. The public health authority may purchase and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics and other pharmaceutical agents or medical supplies that it deems advisable in the interest of preparing for, or controlling, a public health eme…

The government of Guam shall pay just compensation to the owner of any facilities or materials that are lawfully taken or appropriated by a public health authority for its temporary or permanent use under this Article according to the procedures and standards set forth in § 19805…

To the extent practicable consistent with the protection of public health, prior to the destruction of any property under this Article, the public health authority shall institute appropriate civil proceedings against the property to be destroyed in accordance with the existing l…

During a state of public health emergency, the public health authority shall use every available means to prevent the transmission of infectious disease and to ensure that all cases of contagious disease are subject to proper control and treatment.

During a state of public health emergency, the public health authority may perform physical examinations and/or tests as necessary for the diagnosis or treatment of individuals. (a) Medical examinations or tests may be performed by any qualified person authorized to do so by the …

During a state of public health emergency, the public health authority may exercise the following emergency powers over persons as necessary to address the public health emergency. (a) Vaccination. To vaccinate persons as protection against infectious disease and to prevent the s…

(a) Authorization. During the public health emergency, the public health authority may isolate, consistent with the definition of ‘isolation’ in §19103(h), or quarantine, consistent with the definition of >quarantine= in §19103(o), an individual or groups of individuals. This inc…

During a public health emergency, the isolation and quarantine of an individual or groups of individuals shall be undertaken in accordance with the following procedures. (a) Temporary Isolation and Quarantine Without Notice. (1) Authorization. The public health authority may temp…

Tests. The public health authority may, for such period as the state of public health emergency exists, collect specimens and perform tests on living persons as provided in §19602, and also upon deceased persons and any animal (living or deceased), and acquire any previously coll…

Information. (a) Access. Access to protected health information of persons who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by the public health authority during a public health emergency shall be limited to those pers…

The public health authority may exercise, for such period as the state of public health emergency exists, the following emergency powers regarding licensing and appointment of health personnel. (a) Health Care Providers. To require on-Guam health care providers to assist in the p…

The public health authority shall inform the People of Guam when a state of public health emergency has been declared or terminated, how to protect themselves during a state of public health emergency, and what actions are being taken to control the emergency. (a) Means of Dissem…

During and after the declaration of a state of public health emergency, the public health authority shall provide information about and referrals to mental health support personnel to address psychological responses to the public health emergency. ---------- ARTICLE 8 MISCELLANEO…

For the purposes of this Chapter, titles and subtitles of Articles, Sections, and Subsections are instructive, but not binding.

other affected agencies are authorized to promulgate and implement such rules and regulations as are reasonable and necessary to implement and effectuate the provisions of this Chapter. The public health authority and other affected agencies shall have the power to enforce the pr…

(a) Transfer of Funds. I Maga=låhen Guahån [The Governor] may transfer from the General Fund up to One Hundred Thousand Dollars ($100,000.00) monthly as an emergency appropriation upon the declaration of a public health emergency, and upon notification to the United States Center…

(a) Immunity. Neither the government of Guam, nor, except in cases of gross negligence or willful misconduct, I Maga=lahen Guåhan [The Governor] , the public health authority or any other government or local official referenced in this Chapter, is liable for the death of or any i…

(a) Taking. Compensation for property shall be made only if private property is lawfully taken or appropriated by a public health authority for its temporary or permanent use during a state of public health emergency declared by I Maga=lahen Guåhan [The Governor] pursuant to this…

The provisions of this Chapter are severable. If any provision of this Chapter or its application to any person or circumstances is held invalid in a Federal or local court having jurisdiction, the invalidity will not affect other provisions or applications of this Chapter that c…

This Chapter does not explicitly preempt other laws or regulations that preserve to a greater degree the powers of I Maga=lahen Guåhan [The Governor] or public health authority; provided, such laws or regulations are consistent, and do not otherwise restrict or interfere, with th…

(a) Federal Supremacy. This Chapter does not restrict any person from complying with Federal law or regulations. (b) Prior Conflicting Acts. In the event of a conflict between this Chapter and other local laws or regulations concerning public health powers, the provisions of this…

The provisions of this Chapter shall take effect upon signature of I Maga=lahen Guåhan [The Governor]. ----------