§ 508. Active duty for emergency.

565 words·~3 min read·/pa/title-51/chapter-5/508

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)State duty.-- The Governor may place the Pennsylvania National Guard, or any part thereof, or when unavailable due to call or order into the service of the United States, the Pennsylvania Guard, or any part thereof, on active duty when an emergency in this Commonwealth occurs or is threatened, or when tumult, riot or disaster shall exist or is imminent.

(b)Emergency duty under compact.-- The Governor may place the Pennsylvania National Guard or any part thereof on State active duty or, when appropriate, federally funded duty under 32 U.S.C. (relating to National Guard) when the Governor of another state has declared an emergency and has requested the assistance of the Pennsylvania National Guard under the provisions of Chapter 45 (relating to interstate compact) or 35 Pa.C.S. Ch. 76 (relating to emergency management assistance compact).

(c)Distribution and administration of items for a virus.-- Notwithstanding any other provision of law, the Pennsylvania National Guard may, within 45 days of the effective date of this subsection and in conjunction with the Department of Health and the Pennsylvania Emergency Management Agency, develop plans for the establishment and operation in each region of a site for the community distribution and administration of pharmaceuticals, medical equipment and supplies and vaccines for a virus. Administration of the vaccine shall include the inoculation of individuals by members of the Pennsylvania National Guard who possess the required training.

(d)Report.-- Notwithstanding any other provision of law, the Governor shall, within 45 days of the effective date of this subsection, establish and submit to the General Assembly a report on the integration of the Pennsylvania National Guard into the Commonwealth's plan for the distribution and administration of any vaccine for COVID-19, including the administration of the vaccine to individuals by members of the Pennsylvania National Guard. The report shall be prepared in consultation with the Secretary of Health, the Director of the Pennsylvania Emergency Management Agency and the Adjutant General of the Pennsylvania National Guard, and shall include the following considerations:

(1)Availability and capacity of medical units of the Pennsylvania National Guard for the administration of any vaccine for COVID-19 to individuals.

(2)Availability and capacity of other units of the Pennsylvania National Guard for supportive missions, including logistics and preparation for community vaccination clinics.

(3)Critical missions of the Pennsylvania National Guard, including the deployment of members to skilled nursing facilities to combat outbreaks of COVID-19.

(4)Current and anticipated allocations of any vaccine for COVID-19 available to the Commonwealth.

(5)Federal guidance on the use of the National Guard for the purposes under this subsection.

(e)Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Region." Each region of the Commonwealth, as identified by the Department of Health.

"Virus." A virus or infectious disease, as identified by the United States Department of Health and Human Services or the Department of Health. The term includes COVID-19.

51c508v

(Apr. 12, 2006, P.L.75, No.24, eff. imd.; Mar. 3, 2021, P.L.20, No.4, eff. imd.)

2021 Amendment. Act 4 added subsecs. (c),

(d)and (e).

Cross References. Section 508 is referred to in sections 3105, 3206, 4102, 5102 of this title; sections 501, 2801, 6308.1 of Title 18 (Crimes and Offenses); section 5802 of Title 35 (Health and Safety).

51c509s