Maine's Governor and the Swine Flu

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Governor Signs Civil Emergency Order to Fight Flu, Facilitate School-Based Vaccinations

September 1, 2009
Governor's Office

AUGUSTA – Governor John E. Baldacci today signed a Proclamation of Civil Emergency Due to a Highly Infectious Agent to allow the State to better respond to the potential dangers of H1N1 flu and to facilitate a statewide vaccination campaign.

“Maine has been proactive in its response to this new flu,” Governor Baldacci said. “But as the school year begins, we must continue our vigilance, which will require a responsible and aggressive vaccination and public education campaign. It’s our goal that every person in the State has access to vaccines for the seasonal and H1N1 flu.”

Many school districts reported that a concern about potential liability was putting at risk their ability to participate in vaccination clinics. The proclamation protects school districts and other vaccination clinic participants from liability.

The Proclamation also will provide immunity from tort liability for approved health care workers who administer the flu vaccines.

The Maine Center for Disease Control, the Department of Education and the Maine Emergency Management Agency will coordinate and facilitate the implementation of school supported vaccine clinics for both the seasonal flu and H1N1.

“While the vaccines are voluntary and the final decision is left to parents, it’s important that as many schools as possible participate so that every child in the State has access to this important preventative treatment,” Governor Baldacci said. “We know that controlling the spread of the flu in schools is one of the most effective ways to slow the disease.”

On June 11, the World Health Organization declared a global pandemic of H1N1. Since its initial detection in March, the virus has spread through 53 American states and territories and more than 200 countries. In June, U.S. Department of Health and Human Services Secretary Kathleen Sebelius made a PREP Act emergency declaration (Public Readiness and Emergency Preparedness Act), granting immunity from tort liability in regards to H1N1 vaccines. In July, Secretary Sebelius renewed a determination that a public health emergency exists nationwide.

On April 29, Governor Baldacci signed an executive order that activated the State’s H1N1 Response Committee, which includes the Maine Department of Health and Human Services, Maine Center for Disease Control, MEMA, the Department of Education and the Governor’s Office.

The text of the proclamation follows:

Proclamation of Civil Emergency Due to a Highly Infectious Agent

Pursuant to the authority vested in the Office of the Governor of the State of Maine, and pursuant to the relevant provisions of 37-B M.R.S.A. �� 703, 741, 742, 784-A and 822, I, John Elias Baldacci, Governor of the State of Maine, issue a Proclamation of Civil Emergency as follows:

1. Background and Need

On June 11, 2009 the World Health Organization declared a global pandemic of the 2009 Influenza A (H1N1) virus and raised the pandemic alert level to Phase 6. Since the initial detection of the virus in March and April, 2009, it has spread through 53 American states and territories and over 200 countries, resulting in over 180,000 laboratory confirmed cases and over 2,000 deaths. The 2009 Influenza A (H1N1) virus is the predominant influenza virus in circulation worldwide and the U.S. Centers for Disease Control and Prevention has predicted a significant increase in cases in the fall of 2009 and winter of 2010. On July 24, 2009 U.S. Department of Health and Human Services Secretary Kathleen Sebelius, acting pursuant to her authority under section 319 of the Public Health Service Act, 42 U.S.C. �247-d-6, renewed the April 26, 2009 determination by former acting Secretary Charles E. Johnson that a public health emergency exists nationwide involving 2009 Influenza A (H1N1) which affects or has significant potential to affect national security.

To prevent the incidence and severity of seasonal influenza and 2009 Influenza A (H1N1), the federal Centers for Disease Control and Prevention have established guidance for the vaccination of at risk populations, based upon the recommendations of the Advisory Committee on Immunization Practices. With respect to seasonal influenza, it is recommended that all children between the ages of 6 months and 19 years be vaccinated for seasonal influenza. With respect to 2009 Influenza A (H1N1), it is recommended that the entire U.S. population be vaccinated, with initial vaccination afforded to high risk groups defined by the federal Centers for Disease Control and Prevention. Funding for the seasonal influenza vaccination is provided through the American Recovery and Reinvestment Act of 2009 and the Fund for a Healthy Maine. Funding for the 2009 Influenza A (H1N1) vaccine is provided by the federal government.

Several state agencies are involved in planning for the administration of statewide seasonal influenza and 2009 Influenza A (H1N1) vaccinations. The Maine Center for Disease Control and Prevention and Maine Department of Education are organizing a statewide campaign to provide seasonal influenza and 2009 Influenza A (H1N1) vaccination to children in school based clinics and other community based organizations. Once the 2009 Influenza A (H1N1) vaccine is available in October, 2009, the Maine Center for Disease Control will coordinate and facilitate the provision of the vaccine throughout the State of Maine in accordance with the guidance of the federal Centers for Disease Control and Prevention.

The availability of statewide school based vaccination clinics for seasonal influenza and 2009 Influenza A (H1N1) is threatened due to concerns about potential liability relating to the administration of the vaccines. These current conditions, including the imminent threat of influenza pandemic, constitute a threat to the safety and welfare of the people of the State of Maine and constitute a civil emergency or disaster within the meaning of the relevant emergency management statutes.

1. Mission and Scope

To respond to the current public health emergency, I order and declare the following:

A. A civil emergency is imminent, caused by the public health emergency.

B. The Department of Health and Human Services, Maine Center for Disease Control and Prevention and Maine Department of Education shall coordinate with the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency to identify those health care workers duly licensed and authorized to administer influenza vaccines in the State of Maine who are able and available to participate in the planned vaccinations for seasonal influenza and 2009 Influenza A (H1N1).

C. The Maine Center for Disease Control, Department of Education and Maine Emergency Management Agency shall coordinate and facilitate the establishment, implementation, administration and operation of school supported vaccine clinics in a manner consistent with the recommendations of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention and the Advisory Committee on Immunization Practices.

D. The relevant provisions of the Maine Pandemic Influenza Plan will be activated to facilitate the distribution and administration of seasonal influenza and 2009 Influenza A (H1N1) vaccines.

E. To the extent necessary to assure the timely provision of seasonal influenza and 2009 Influenza A (H1N1) vaccination in accordance with the guidance of the federal Centers for Disease Control and Prevention, the Maine Center for Disease Control and the Department of Education, the Maine Emergency Management Agency will exercise its authority pursuant to 37-B M.R.S.A. �784-A to designate appropriate health care workers licensed in this State and authorized to administer influenza vaccines to participate in vaccination clinics in accordance with the requirements of this Proclamation.

F. All persons designated by the Maine Emergency Management Agency to participate in vaccine administration pursuant to Paragraph E shall, pursuant to 37-B M.R.S.A. �784-A, be deemed to be an employee of the State and entitled to immunity pursuant to 37-B M.R.S.A. �822.

G. All State departments and agencies shall take whatever actions may be required and requested by the Maine Emergency Management Agency, Maine Center for Disease Control and Prevention, and Department of Education to respond to this public health emergency. A record of such actions, if any, shall be compiled and presented to me by the heads of the affected departments and agencies on a reasonable and timely basis throughout the duration of this Emergency Proclamation.

H. The Maine Center for Disease Control, the Department of Education and the Maine Emergency Management Agency shall coordinate with the federal government to secure all appropriate influenza vaccines related to this public health emergency provided for by the American Recovery and Reinvestment Act of 2009 and other federal funds.

1. Duration

Pursuant to 37-B M.R.S.A. �743, this Emergency Proclamation shall expire thirty (30) days from the date of its signature, unless earlier rescinded by the Executive or upon joint resolution of the Legislature terminating the Emergency Proclamation, or unless extended by subsequent action of the Executive.

Given under my hand this 1st day of

September, 2009.

John E. Baldacci

Governor