Authorizes the Department of Health to maintain an emergency response stockpile to prepare for or respond to a CBRNE event or other public health emergency. (HB516 HD1)

A BILL FOR AN ACT

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . EMERGENCY RESPONSE STOCKPILE TO PREPARE FOR OR RESPOND TO CBRNE EVENTS OR OTHER PUBLIC HEALTH EMERGENCIES

§321- Definitions. Whenever used in this part, unless a different meaning clearly appears from the context:

"CBRNE event" means the use of chemicals, biological agents, radioactive materials, nuclear devices, or explosives to kill or sicken people, animals, or plants.

"Department" means the department of health.

"Director" means the director of health.

"Emergency response stockpile" means a strategic supply of drugs, vaccines and other biological products, medical devices, and related supplies maintained by the department to protect or treat the population of the state in the event of a CBRNE event or other public health emergency.

"Other public health emergency" means a situation where there is a potential health hazard and where, in the judgment of the director, the regular programs and practices of the department of health will be insufficient to address the potential health hazard.

§321- Emergency response stockpile to prepare for or respond to CBRNE events or other public health emergencies; exemption from certain laws and rules; immunity. (a) In addition to any other power or duty prescribed by law or in this part, the director, through the department, may maintain an emergency response stockpile to prepare for or respond to a CBRNE event or other public health emergency. The director may undertake all lawful activities necessary to carry out this part, including but not limited to adopting rules pursuant to chapter 91, disbursing funds for grants or subsidies pursuant to chapter 42F, and procuring goods or services pursuant to chapter 103D or 103F.

(b) Notwithstanding any other law to the contrary, in preparing for or responding to a CBRNE event or other public health emergency, the director and the department shall be exempt from chapters 328 and 461 and any related administrative rules, as those chapters and rules relate to the dispensing, labeling, prescribing, or storage of the emergency response stockpile.

(c) The department and its officers, employees, agents, and volunteers shall not be civilly liable for the death of, or injury to, persons or property damage, as a result of any act or omission in the course of the employment or duties in responding to a CBRNE event or other public health emergency under this part. Except in cases of wilful misconduct, the department's contractors shall not be civilly liable for the death of, or injury to, persons or property damage, as a result of any act or omission in the course of the employment or duties in responding to a CBRNE event or other public health emergency under this part."

SECTION 2. This Act shall take effect upon its approval.