(a) 
​Declaration. The Port Gamble S’Klallam Tribal Council may declare a tribal public health emergency when one occurs. Prior to such a declaration, the Tribal Council may consult with tribal, federal, state, and local public health agencies and any additional public health or other experts as needed.
(b) 
​Content of Declaration. Tribal Council shall declare a public health emergency by resolution that specifies:
(1) 
The nature of the public health emergency;
(2) 
The geographic area(s) or other grouping subject to the declaration;
(3) 
The conditions that have brought about the public health emergency;
(4) 
The duration of the state of the public health emergency; and
(5) 
The identity of the Tribal Health Officer appointed by Tribal Council who will be responding to the emergency.
(c) 
​Effect of Declaration. The declaration of public health emergency shall activate the response and recovery aspects of the tribal disaster emergency plans. Such declaration authorizes the use or distribution of any supplies, equipment, materials, facilities, and stockpiles that may be available under this title.
(d) 
​Emergency Powers. During a public health emergency, the Tribal Council may:
(1) 
Suspend the provisions of any tribal policies, procedures, regulations, and laws that guide or govern procedures for tribal agencies and for conducting tribal business where strict compliance with the same would prevent, hinder, or delay necessary action (including emergency purchases) to respond to the public health emergency or would increase the health threat to the population.
(2) 
Utilize all available resources of the tribal government and its political subdivisions, as reasonably necessary to respond to the public health emergency.
(3) 
Transfer the direction, personnel, or functions of tribal departments and agencies to perform or facilitate response and recovery programs regarding the public health emergency.
(4) 
Provide aid to and seek aid from federal, state, and local partners.
(5) 
Seek aid from the federal government in accordance with federal programs or requirements.
(e) 
​Enforcement. During a state of public health emergency, the Tribal Health Officer may request assistance in enforcing orders under this title from the Tribal Council and from tribal law enforcement.
(f) 
Termination of Declaration. The Tribal Council shall terminate the declaration of public health emergency by resolution upon finding that the circumstances or conditions that caused the emergency no longer exist. All resolutions terminating the declaration of a public health emergency shall indicate the nature of the emergency, the area(s) that was threatened, and the conditions that make the termination possible.
(Res. 20 A 139, 12/14/2020)
Emergency Measures Concerning Facilities and Materials. During a public health emergency, the Port Gamble S’Klallam Tribal Council is authorized to:
(a) 
Clean, close, or evacuate any building of which it has reasonable cause to believe may endanger the public’s health.
(b) 
Procure, lease, transport, store, maintain, renovate, or distribute materials and facilities as may be reasonable and necessary to respond to the public health emergency. Tribal Council may order the immediate possession of such materials as communication devices, carriers, real estate, fuels, food, and clothing.
(c) 
Clean or destroy any material that may reasonably endanger the public’s health.
(d) 
Inspect, control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of food, fuel, clothing and other commodities, as may be reasonable and necessary to respond to the public health emergency.
(Res. 20 A 139, 12/14/2020)
During a public health emergency, the Port Gamble S’Klallam Tribal Council is authorized to:
(a) 
Prescribe routes, modes of transportation, and destinations in connection with evacuation of individuals or the provision of emergency services.
(b) 
Control or limit ingress and egress to and from any stricken or threatened public area, the movement of individuals within the area, and the occupancy of premises therein, if such action is reasonable and necessary to respond to the public health emergency.
(c) 
Exclude under Title 22 of this code any person who has a communicable disease.
(Res. 20 A 139, 12/14/2020)
During a public health emergency, the Port Gamble S’Klallam Tribal Council is authorized to:
(a) 
Adopt and enforce measures to provide for the safe disposal of infectious waste or infected material as may be reasonable and necessary to respond to the public health emergency. Such measures may include the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste or infected material.
(b) 
Require any business or facility authorized to collect, store, handle, destroy, treat, transport, or dispose of infectious waste or infected material to accept such material from the Tribe as a condition of licensure, authorization, or the ability to continue doing business with the Tribe.
(c) 
Require all bags, boxes, or other containers for infectious waste or infected material to be clearly identified as containing infectious waste or infected material, and if known, the type of infectious waste or material.
(Res. 20 A 139, 12/14/2020)
(a) 
​Procurement. During a public health emergency, the Port Gamble S’Klallam Tribe may purchase and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics, antidotes, and other pharmaceutical agents, medical supplies, or personal protective equipment to prepare for or control a public health emergency.
(b) 
​Rationing. Where a public health emergency results in a tribal-wide shortage or threatened shortage of any product under subsection (a), whether or not such product has been purchased by the Tribe, the Tribe may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of the relevant product. In making rationing or other supply and distribution decisions, the Tribe may give preference to health care providers or disaster response personnel.
(c) 
​Distribution. During a public health emergency, the Tribe may store or distribute any anti-toxins, serums, vaccines, immunizing agents, antibiotics, antidotes, and other pharmaceutical agents, personal protective equipment, or medical supplies located within the Tribe as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof.
(d) 
​Civil Proceedings. To the extent practicable consistent with the protection of public health, prior to the destruction of any property under this title, the Tribe shall institute appropriate civil proceedings concerning the property to be destroyed in accordance with the existing laws and rules of the Tribal Court or any such rules that may be developed by the Tribal Court for use during a public health emergency. Any property acquired by the Tribe through such proceedings shall, after entry of the decree, be disposed of by destruction as the Tribal Court may direct.
(Res. 20 A 139, 12/14/2020)
Any health care provider or other personnel from another jurisdiction providing assistance to the Tribe under this title shall not be held liable for any civil damages as a result of medical care or treatment related to the response to the public health emergency unless such damages result from providing, or failing to provide, medical care or treatment in the event of gross negligence or willful misconduct.
(Res. 20 A 139, 12/14/2020)
During a public health emergency, any person owning or controlling real estate or other premises who voluntarily and without compensation permits the Tribe to designate or use any part of such real estate or premises for the purpose of sheltering individuals, shall not be civilly liable for negligently causing the death of, or injury to, any individual on or about such real estate or premises under permission, or for negligently causing loss of, or damage to, the property of such person.
During a public health emergency, any person and employees and agents of such person in the performance of a contract or an agreement with, and under the direction of, the Tribe or its political subdivisions, or who renders assistance or advice at the request of the Tribe or its political subdivisions under the provisions of this chapter shall not be civilly liable for causing the death of, or injury to, any individual or damage to any property except in the event of gross negligence or willful misconduct.
(Res. 20 A 139, 12/14/2020)