Schwarzenegger Issues Proclamation
to Confront Swine Flu Outbreak

Photo: Marco Ugarte/AP

From the Office of Governor Arnold Schwarzenegger

April 28, 2009

As part of the state’s aggressive approach to addressing the swine flu, Governor Arnold Schwarzenegger today proclaimed a State of Emergency that will support and facilitate our state health departments’ response to this outbreak. While there is no need for alarm, it is the Governor’s top priority to limit the swine flu’s spread as quickly and effectively as possible and this action represents one more step being taken to strengthen California’s response capabilities.

This proclamation cuts government red tape by:

· Ordering all state agencies and departments to utilize and employ state personnel, equipment and facilities to assist the Department of Public Health (DPH) and the State Emergency Plan as coordinated by the California Emergency Management Agency

· Ordering DPH and the Emergency Medical Services Authority to enter into any and all necessary contracts for providing services, materials, personnel and equipment to supplement extraordinary preventive measures being taken across the state

· Suspending non-competitive bid contracts for services, material, personnel and equipment needed to respond to this outbreak

· Waiving select certification requirements for public health laboratories to help in the state’s expansion of our testing capabilities

Today’s proclamation follows the Governor’s rigorous response from the moment the first case of swine flu was confirmed in California, which has included deploying public health experts across the state, increasing surveillance of patients with flu-like illness and activating the joint emergency operations center and health alert network. In addition, state health officials are working closely with the federal government and our local health partners to provide guidance on measures that can be helpful in reducing the virus’ spread and associated impact on health.

Also today, California became the first state in the nation to do its own confirmatory testing for this strain of swine flu without having to send samples to the Centers for Disease Control, which will greatly speed up detection efforts in California.

The Governor continues to urge all Californians to be diligent in preventing the further spread of the flu:

· Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.

· Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hand cleaners are also effective.

· Try to avoid close contact with sick people.

· If you get sick with flu, it is recommended that you stay home from work or school and limit contact with others to keep from infecting them. Avoid touching your eyes, nose or mouth. Germs spread this way.

Below is the full text of the Governor’s proclamation:

A PROCLAMATION OF A STATE OF EMERGENCY

WHEREAS the World Health Organization has reported an outbreak of hundreds of cases of non-seasonal influenza, including the H1N1 Swine Flu, in the Federal District of Mexico City and the surrounding Mexican states, causing multiple deaths; and

WHEREAS the first potential case of H1N1 Swine Flu was detected in California on April 18, 2009, and was subsequently confirmed; and

WHEREAS additional cases of the H1N1 Swine Flu have been detected in California, and have now been found in several other states; and

WHEREAS the evidence to date from reported human infections in Mexico indicates that the H1N1 Swine Flu Virus has adapted itself to humans so that it can emerge and spread from one person to another; and

WHEREAS the World Health Organization has raised its pandemic alert for the H1N1 Swine Flu Virus to four, two steps short of a pandemic; and

WHEREAS the United States Department of Health and Human Services has declared a public health emergency, and President Obama has explained that the declaration was needed as a precautionary tool to make sure that the federal government has appropriate resources to combat the spread of the virus; and

WHEREAS the spread of the virus poses a threat to property in the state due to illness-related absenteeism, particularly among public safety and law enforcement personnel and persons engaged in activities and businesses critical to the economy and infrastructure of the state; and

WHEREAS state and local health departments must use all preventive measures, which will require access to available services, personnel, equipment, and facilities, to respond to the H1N1 Swine Flu; and

WHEREAS the H1N1 Swine Flu constitutes a potential epidemic under section 8558(b) of the Government Code that, by reason of its magnitude, is beyond the control of the services, personnel, equipment and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.

NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in accordance with the authority vested in me by the California Constitution and the California Emergency Services Act, and in particular California Government Code sections 8558(b) and 8625, find that conditions of extreme peril to the safety of person and property exists within the State of California and HEREBY PROCLAIM A STATE OF EMERGENCY in California.

Pursuant to this Proclamation, I issue the following orders to be effective immediately:

IT IS HEREBY ORDERED that all agencies and departments of state government utilize and employ state personnel, equipment, and facilities as necessary to assist the State Department of Public Health and the Emergency Medical Services Authority in immediately performing any and all activities designed to prevent or alleviate illness and death due to the emergency, consistent with the State Emergency Plan as coordinated by the California Emergency Management Agency.

IT IS FURTHER ORDERED that the Department of Public Health and the Emergency Medical Services Authority enter into such contracts as it deems appropriate to provide services, material, personnel and equipment to supplement the extraordinary preventive measures implemented by local jurisdictions, if needed.

IT IS FURTHER ORDERED that, pursuant to Government Code sections 8567 and 8571, the provisions of the Government Code, the Public Contract Code, the State Contracting Manual and Management Memo 03-10, and all policies applicable to state contracts for all agencies and departments of state government, including, but not limited to, advertising and competitive bidding requirements and approvals for non-competitively bid contracts, are hereby temporarily suspended with respect to contracts to provide services, material, personnel and equipment to respond to the emergency to the extent that such laws would prevent, hinder, or delay prompt mitigation of the effects of this emergency.

IT IS FURTHER ORDERED that, pursuant to Government Code section 8567 to ensure adequate availability of technical personnel, I am invoking standby order number 1 that waives the period of time permissible for emergency appointments for the hiring of necessary emergency personnel.

IT IS FURTHER ORDERED THAT pursuant to section 8571 of the Government Code, the certification requirement of section 1079 of title 17 of the California Code of Regulations is suspended as to all persons who meet the requirements under the Clinical Laboratory Improvement Amendments of section 353 of the Public Health Service Act for high complexity testing and who are performing analysis of samples to detect H1N1 Swine Flu in any certified public health laboratory.

I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this proclamation.

FCJ Editor

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