Creating a Bureaucracy to Manage Health Care and Infectious Disease at the State Level

Is it possible to create an organization and its "Manager" that can do this without corruption? A case study, using Lessons Learned from the Covid-19 era

Part VIII Section 4-330 Supply Purchase and Logistics

Introduction

This section should be its own section, as both natural and health disasters can be served by the solution.

Section 44-4-330  Powers to Purchase and Distribute Pharmaceutical Agents

SECTION 44‑4‑330. Purchase and distribution of pharmaceutical agents or medical supplies; rationing and quotas.

  (A) After the declaration of a public health emergency, DHEC may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that it considers advisable in the interest of preparing for or controlling a public health emergency, without any additional legislative authorization.

No.  If the Covid-19 era has taught us anything, it is: 

(1) that the health department will not have the citizens as first priority, but various funding bribes and political objectives, coming from many different sources.  It will be providing provisions according to those dictates.  We have learned that the health department may have a role distributing resources, and might have some capability to provision some resources through its own initiative, but its power must be severely restrained.

(2)  Likewise, the legislature will easily be influenced by the same forces.  Furthermore, the members of the legislature are typically not trained to evaluated needs.  And the legislature must be able to act in a timely manner.  The half year, 3 days a week sessions of the legislature do not portend a timely response.

(3)  If the Governor declares an Emergency, Covid-19 has demonstrate that power will be abused and extended again and again.  Any emergency power must have a limit in length, and that length must be short to limit the damage that misuse of an emergency power can do. And the Legislature itself has shown, through the Covid-19 era, that it will not be responsible either.  We have The Deep State Conundrum.

The most obvious non-governmental solution is that all these materials should be designated by healthcare systems, not by an executive branch bureaucracy that will, without exception, be closely tied to deep state actors at the state and federal levels, not to mention non-governmental actors.  However, we can expect some kind of relationships between healthcare systems as well.  The Covid-19 era taught us that.  Therefore, we are presented with the Deep State Conundrum.

  (B)(1) If a state of public health emergency results in a statewide or regional shortage or threatened shortage of any product covered by subsection (a), whether or not such product has been purchased by DHEC, DHEC may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution, or transportation of the relevant product necessary to protect the health, safety, and welfare of the people of the State. In making rationing or other supply and distribution decisions, DHEC must give preference to health care providers, disaster response personnel, and mortuary staff.

       (2) During a state of public health emergency, DHEC may procure, store, or distribute any antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies located within the State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.

       (3) If a public health emergency simultaneously affects more than one state, nothing in this section shall be construed to allow DHEC to obtain antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies for the primary purpose of hoarding such items or preventing their fair and equitable distribution among affected states.

HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.

The general intent of this section is good- to provide logistic support for supplies.  As I have said, what is lacking is control of the deep state powers that can be abused through the procurement processes.  Deep State Conundrum.

This should be a separate Chapter of Title 44, since it is relevant to both natural and health disasters. Based on Lessons Learned from the Covid-19 era, there may be a need, on the natural disaster side to restrict the pharmaceutical agents and their procurement.

Link back to Part I: Act 60- The Reorganization Directive Bill

Link back to Part II: Title 44, Chapter 1

Link back to Part III: Title 44, Chapter 4 100-120  Legislative Findings and Intent

Link back to Part IV: The Deep State Conundrum and Solution

Link back to Part V:  Title 44, Chapter 4 130 Definitions

Link back to Part VI:  Title 44 Chapter 4 300, 310 Natural Disasters

Link back to Part VII:  Title 44 Chapter 4  320  Disposal of Human Remains

Link forward t Part IX: Title 44 Chapter 4 340 Natural Disasters