Section 173-6-003 - FINDINGS003.01 Director Informed When the Director receives information that a member or members of the public have been, or may have been exposed to a communicable disease, illness, or poisoning by biological, chemical, radiological, or nuclear agents, the Director will review all information under the following provisions to determine if any Directed Health Measure should be ordered.
This information may come from:
1. The United States Department of Health and Human Services Centers for Disease Control and Prevention;2. A Local Public Health Department;3. Communicable disease surveillance conducted by the Department;4. Treating health care providers or health care facilities; or5. Other public health, security, or law enforcement authorities.003.02 Director's Findings Before ordering a Directed Health Measure, the Director:
1. Must find both: a. That a member or members of the public have been, or may have been exposed; andb. That Directed Health Measures exist to effectively prevent, limit, or slow the spread of communicable disease or illness or to prevent, limit, or slow public exposure to or spread of biological, chemical, radiological, or nuclear agents; and2. Must find one or more of the following: a. That the exposure presents a risk of death or serious long-term disabilities to any person;b. That the exposure is wide-spread and poses a significant risk of harm to people in the general population; orc. That there is a particular subset of the population that is more vulnerable to the threat and thus at increased risk; and3. May make further finding, in assessing the nature of the risk presented: a. Whether the threat is from a novel or previously eradicated infectious agent or toxin;b. Whether the threat is or may be a result of intentional attack, accidental release, or natural disaster; orc. Whether any person(s) or agent(s) posing the risk of communicating the disease are non-compliant with any measures ordered by a health care provider.003.03 Affirmative Findings If affirmative findings are made pursuant to 173 NAC 6003.02 and the Director further finds that a delay in the imposition of an effective Directed Health Measure would significantly jeopardize the ability to prevent or limit the transmission of a communicable disease, illness, or poisoning or pose unacceptable risks to any person or persons, the Director may impose any of the Directed Health Measures set out in 173 NAC 6-004.
173 Neb. Admin. Code, ch. 6, § 003