Stockbridge-Munsee Tribal Law Library

There has been 1 update since January 28, 2021.

Stockbridge-Munsee Tribal Code.

Section SAF.04.02 — Definitions

(a) Communicable Disease -any– any disease transmitted from one person or animal to another person or animal directly by contact with excreta or other discharges from the body; or indirectly via substances or inanimate objects:; may be bacteria, fungi, parasites, or viruses.

(b) Public Health Emergency - the occurrence or imminent threat of an illness or health condition that meets all of the following criteria:

(1) Is believed to be caused by bioterrorism or a novel or previously controlled or eradicated biological agent.

(2) Poses a high probability of any of the following:

(A) A large number of deaths or serious or long-term disability among humans.

(B) A high probability of widespread exposure to a biological, chemical or radiological agent that creates a significant risk of substantial future harm to a large number of people.

(c) Communicable diseases on the attached "Non-Quarantinable Diseases" list in Section SAF.04.07 are not covered by this Ordinance unless there is a declared State of Emergency specifically identifying the disease.

(d) Public Health Authority – the Stockbridge-Munsee Health and Wellness Center Director ("Health Center Director") and his/her designee(s) shall function as the Public Health Authority.

(1) The Public Health Authority provides communicable disease surveillance, tracking, and response services during a public health emergency. These services can include contact tracing, testing, and immunization programs.

(2) The Public Health Authority may communicate with health providers, disease experts, and other sources to obtain necessary information about public health including individually identifiable health information regarding communicable disease status. The Public Health Authority may use and disclose individually identifiable health information to the extent necessary to protect public health and respond to the public health emergency consistent with this ordinance.

(3) The Public Health Authority may take such measures necessary for the prevention and suppression of communicable disease, as warranted by then current conditions, consistent with this ordinance. This may include the issuance of orders and enforcement referrals for violations of such orders.

(4) The Public Health Authority coordinates with the Stockbridge-Munsee Human Resources Department as part of tribal workplace surveillance program(s) for communicable disease. Such communications shall be consistent the parameters for such programs under applicable law including health privacy laws.

(5) The Public Health Authority coordinates with other organizations, including tribal, local, state, and federal public health authorities, in order to appropriately investigate, report, and address instances of communicable disease and public health emergencies. Such communications shall be consistent with requirements under applicable law including health privacy laws.

(6) The Public Health Authority responds to public health emergencies regardless of whether they are also declared as a State of Emergency.

(e) State of Emergency – during a widespread public health emergency the Stockbridge-Munsee Tribal Council may declare a State of Emergency by resolution at a Tribal Council meeting. The Tribal Council will consult with the Public Health Authority or other appropriate experts prior to declaring a State of Emergency. The Tribal President may issue an emergency order, not to exceed seven (7) days in length, in the event an immediate response is necessary prior to Tribal Council meeting being convened to declare a State of Emergency.