It is the policy and intent of the Port Gamble S’Klallam Tribe to protect and promote the health of its tribal members and all community members to the greatest extent possible. The Tribe intends to use its public health capabilities as vigorously as possible while also respecting individual rights to dignity, health information privacy, due process, and other legally-protected interests.
(Res. 20 A 139, 12/14/2020)
The Port Gamble S’Klallam Tribe provides a broad range of governmental services to promote the health, safety, welfare, and economic security of Port Gamble S’Klallam community members and visitors who enter on to Port Gamble S’Klallam lands.
The purpose of this title is to:
(a) 
Strengthen the Tribe’s sovereignty by exercising its inherent power to prevent and control communicable disease;
(b) 
Protect the Tribe from any unwanted and illegal encroachment of state and local jurisdiction and/or authority on tribal land;
(c) 
Respond to potential public health emergencies through formal declarations and the triggering of special public health powers during an emergency;
(d) 
Establish procedures for protecting due process and individual rights; and
(e) 
Provide fair and appropriate penalties for violations of the provisions of this title.
(Res. 20 A 139, 12/14/2020)
Words in this title shall have the meaning given to them in this section unless the context clearly indicates another meaning. If the meaning of a word is not clear, the Tribal Court shall construe the meaning of the word in harmony with the purpose of this title.
(a) 
“Case”
means a person, alive or dead, who a health care worker has diagnosed with a particular disease or condition based on clinical or laboratory criteria, or both.
(b) 
“Child Day Care Facility”
means an agency that regularly provides care for a group of children for less than twenty-four hours a day and is subject to tribal or federal regulation.
(c) 
“Communicable Disease”
means an illness caused by an infectious agent which can be transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an intermediate host or vector, food, water, or air.
(d) 
“Contact”
means a person exposed to an infect person, animal, or contaminated environment that may lead to infection.
(e) 
“Detention” or “Detainment”
means physical restriction of activities of an individual by confinement for the purpose of controlling or preventing a serious and imminent threat to public health. Physical plant, facilities, equipment, and/or personnel may be required to physically restrict activities of the individual to accomplish such purposes.
(f) 
“Disease of Suspected Bioterrorism Origin”
means a disease caused by viruses, bacteria, fungi, or toxins from living organisms that are used by man to intentionally produce death or disease in humans, animals, or plants. Many of these diseases may have nonspecific presenting symptoms.
(g) 
“Disease Control Measures”
means the management of persons, animals, goods, and facilities that are infected with, suspected to be infected with, exposed to, or suspected to be exposed to an infectious agent in a manner to prevent transmission of the infectious agent to humans.
(h) 
“Health Care Provider”
means any person having direct or supervisory responsibility for the delivery of health care who is licensed or certified in Washington State or another state.
(i) 
“Health Care Facility”
means any building that is used, operated, or designed to provide health services, medical treatment, behavioral health services, dental services, nursing, rehabilitative, or preventive care to any individual.
(j) 
“Infect” or “Infected”
means containing or having contact with infectious agents that pose an immediate threat to present or future public health.
(k) 
“Infectious Agent”
means an organism such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease.
(l) 
“Infection Control Measures”
means the management of persons, animals, goods, and facilities that are infected, or suspected to be infected, in a manner to avoid human exposure and to prevent spreading.
(m) 
“Isolation”
means the separation, for the period of communicability or infection, of infected or exposed persons or animals from others in such places and under such conditions as to prevent or limit the direct or indirect transmission of the infectious agent from those infected to those who are susceptible or who may spread the agent to others.
(n) 
“Local Health Department”
means a city, town, county, or district agency in Washington State providing public health services to persons within their area.
(o) 
“Outbreak”
means the occurrence of cases of a disease or condition in any area over a given period of time in excess of the expected number of cases.
(p) 
“Public Health Emergency”
means an occurrence or imminent threat of an illness or health condition that:
(i) 
Is believed to be caused by any of the following:
(A) 
Bioterrorism;
(B) 
The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin; or
(C) 
Natural disaster, accidental release, or other mass attack or accident; and
(ii) 
Poses a high probability of any of the following harm:
(A) 
A large number of deaths in the affected population;
(B) 
A large number of serious or long-term disabilities in the affected population;
(C) 
Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population; or
(D) 
Otherwise exceeding the capability or capacity of the public health and/or healthcare systems.
(q) 
“Quarantine”
means the limitation of freedom of movement of well persons or domestic animals who have been exposed to, or are suspected to have been exposed to, an infectious agent, for a period of time not longer than the longest usual incubation period of the infectious agent, in such manner as to prevent effective contact with those who are not exposed.
(r) 
“State Health Officer”
means the person designated by the secretary of the Washington Department of Health to serve as statewide health officer, or, in the absence of such designation, the person having primary responsibility for public health matters within the State of Washington.
(s) 
“Suspected Case” or "Suspected to Be Infected”
means an individual who the Tribal Health Officer reasonably believes, in their professional judgment, is infected with a particular infectious agent based on signs and symptoms, laboratory evidence, or contact with an infected individual, animal, or exposed environment.
(t) 
“Tribal Court” and “Tribal Community Court”
means the court established under the Port Gamble S’Klallam Tribe’s Constitution.
(u) 
“Tribal Health Officer”
means the individual having been appointed under this title as the health officer for the Port Gamble S’Klallam Tribe.
(v) 
“Tribal Law”
means the Constitution of Port Gamble S’Klallam Tribe, the Port Gamble S’Klallam Tribe’s Law and Order Code, any legislative enactments adopted by the Port Gamble S’Klallam Tribal Council, and the decisions of the Tribal Community Court.
(w) 
“Tribe”
means the Port Gamble S’Klallam Tribe, including but not limited to any branch, office, department, agency, commission, utility, authority, instrumentality, enterprise, or corporation whether chartered under tribal law or federal law, but excluding for purposes of this title corporations chartered under the law of any state.
(Res. 20 A 139, 12/14/2020)
If the Tribal Court declares any part or parts of this title to be invalid, then all valid parts that are severable from the invalid part(s) remain in effect. If the Tribal Court declares invalid an application of this title to any person or circumstance, such invalidity shall not affect application of this title to any other person or circumstance. The provisions of this title are declared to be severable.
(Res. 20 A 139, 12/14/2020)