14.1.5.110 Authority and Duties of the Public Health Officer

(a) The Public Health Officer shall oversee and direct the Public Health Department and shall have the following powers and duties:

(1) The Public Health Officer shall be responsible for the detection, supervision, and isolation of affected persons, for the investigation of contacts, and for all other matters pertaining to investigation, control and treatment of novel viruses or other highly contagious, life threatening, communicable diseases.

(2) Diseases for which isolation and quarantine may be ordered do not include acquired immune deficiency syndrome or other infection caused by human immunodeficiency virus.

(3) The Governor may enter into reciprocal agreements with federal agencies, state agencies, tribal governments, and other jurisdictions to facilitate the isolation or treatment of any affected person, or for quarantine of any person exposed to an affected person, and/or for other health and safety support services.

(4) The Public Health Officer shall develop and adopt a written Emergency Response Plan for the Pueblo specific to the identified Public Health Emergency.

(b) Investigation.

(1) A physician, health care provider, or a clinical laboratory that has identified a suspected case of a novel virus or other highly contagious, life-threatening, communicable disease shall notify the Health Department within 24 hours of discovering such virus or disease, shall cooperate in any investigation, and shall report on the condition of the affected person and the status of the disease as often as required by applicable law or as authorized by the Governor.

(2) When the Public Health Department is notified that an affected person is located or resides within the Pueblo, the Public Health Director shall immediately initiate an investigation. In performance of the duty to prevent or control a novel virus or other highly contagious, life-threatening communicable diseases, Health Department Employees may, at reasonable times and within reasonable limits, enter and inspect:

(A) A public place to locate and inspect persons who may be affected;

(B) Private property with the consent of the owner/occupant of the private property, to locate and inspect persons who may be affected persons; and

(C) Private property without the consent of the owner or occupant of the private property after obtaining a search warrant, for the sole purpose to locate and inspect persons who may be affected.

(3) If, as a result of the investigation, the Public Health Officer believes an individual is an affected person, the Health Department employees shall encourage the affected person or their parent/guardian to accept or consent to voluntary measures to prevent transmission and for treatment.

(1) receive reports of any events that may indicate the existence of a case or outbreak of a communicable disease or condition; and,

(2) designate and authorize (in accordance with the Governor) public health compliance officers; and,

(3) coordinate and collaborate with local county, state, or federal public health officers; and,

(4) in coordination with the Governor, deploy the powers of the BIA Police Department, Pueblo of Pojoaque Tribal Police Department, compliance officers, office of the Tribal Administration and all other Pueblo officials and employees within the jurisdiction of the Pueblo to enforce laws and public health orders given to effectuate the purposes of this Act; and,

(5) Upon notice and public comment, draft and implement regulations necessary to effectuate the provisions of this Act;

(6) Seek agreements as necessary with local governments, tribes, federal authorities, organizations, private entities, nonprofit entities, state agencies, Pueblo operated, authorized, or funded residential services, or institutions of higher education, to coordinate or provide public health services necessary for the implementation of this Act, subject to ratification of such agreements by the Council; and

(7) make determinations as to whether an individual, organization, or entity meets the definition and requirements of a "health care provider" under this Act; and,

(8) Review and determine appropriate action for each reported or suspected case of a notifiable condition, any communicable disease, disease, or condition considered a threat to public health, and each reported outbreak or suspected outbreak of disease; and,

(9) Request assistance from Tribe, local, state, and federal epidemiology agencies in carrying out investigations when necessary; and,

(10) Assess and strengthen the Pueblo's capacity to prevent, prepare for, and respond to a health emergency, including assessing Tribe, state, and federal emergency supplies and equipment inventories, emergency stockpiles, existing or potential emergency response facilities, and personnel and/or health care workers; and,

(11) Conduct or order investigations and institute control measures; and,

(12) Inform community members and employees when a public health emergency has been declared or terminated, how to protect themselves during a state of the public health emergency, and what actions are being taken to control the emergency; and,

(13) Maintain confidentiality of patient information as directed by Section 14.1.5.240 of this Act; and,

(14) Report to the Council as requested, or when appropriate, to provide updates; and,

(15) Maintain public health data connected to identified public health investigation to assist with the preventing or controlling of the spread of communicable diseases.

(A) Public health data to be released only by written approval of the Governor and in accordance with Section 14.1.5.240 of this Act.