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Quarantine and Isolation, Law-Related Materials
CDC Links
Non-CDC Links
- "Arizona
TB Patient Jailed as a Public Health Menace", a news report from
NPR (June 11, 2007), describing a patient diagnosed with XDR-TB being
held in an Arizona hospital under court order. (The content of this
web link is copyrighted by NPR. This web link is used by permission
from NPR.)
http://www.npr.org/templates/story/story.php?storyId=10874970
(Posted: 07/16/2007)
- Federal. Sample SARS Affidavit,
"Declaration
and/or Affidavit Under Penalty of Perjury of Medical Officer in Support
of Isolation and/or Quarantine Order." This affidavit may be useful
for jurisdictions that wish to accompany their SARS isolation/quarantine
orders with an affidavit or declaration of a medical officer describing
the circumstances leading to an individual's isolation or quarantine.
The document can be modified by state or local legal counsel to fit
a jurisdiction's laws and individual circumstances.
- Minnesota.
Isolation and Quarantine (I/Q) and Mass Dispensing in Emergencies.
Minnesota's I/Q provisions, updated in 2005, eliminate the sunset on
the rights of persons subject to an I/Q order and on the court process
for issuing an I/Q order. The update includes new provisions on
state-paid defense counsel, job protection for persons in I/Q, peace
officer enforcement and other modified provisions.
- Texas.
Communicable Disease Control Measures in Texas, a manual from the
Texas Department of State Health Services covering area quarantine and
other measures.
- Washington.
Isolation
and Quarantine Toolkit. Public Health Seattle & King County have
released the “Isolation and Quarantine Toolkit,” designed to support
local public health jurisdictions’ plans for large-scale isolation and
quarantine responses. The Toolkit contains many legal forms that could
be used in an emergency.
(Posted: 10/19/2006)
Items
-
Dismissal of School Children in the Context of Pandemic Influenza. In response to national pandemic preparedness priorities, CDC commissioned
the independent Centers for Law and the Public's Health: A Collaborative
at Johns Hopkins and Georgetown Universities to review the state-level legal
framework for reducing the density of school classrooms, with specific focus
on closure of schools, as a social distancing or social mitigation measure
to slow the spread of an H5N1 influenza pandemic or similar highly contagious
infectious disease. The Centers’ researchers restricted their scope of inquiry to
laws adopted at the state level and to laws that expressly address school
closure. (The study did not address any relevant laws adopted at the local
level, nor did it address any relevant general laws.) The Centers’ report Legal
Preparedness for School Closures in Response to Pandemic Influenza and Other
Emergencies presents a summary description of the express state laws
reviewed by the researchers as of late 2006, together with the authors'
observations about those laws (click
here to view the report). The report is also accessible on the federal
government's comprehensive pandemic influenza website (http://www.pandemicinfluenza.gov)
and on the Centers' website (http://www.publichealthlaw.net).
(PDF
file)
(Updated: 07/08/2008)
-
"Quarantine
and Isolation: Lessons Learned from SARS" , Prof. Mark Rothstein,
Director of the Institute for Bioethics, Health Policy and Law at the
University of Louisville, released 12/01/2003.
(PDF
File)
- "Federal and State Quarantine and Isolation Authority," updated
August 16, 2006
(PDF file).
(Posted: 09/18/2006)
- "Modern Isolation and Quarantine
Infection Control Issues." A presentation at "The
Public's Health and the Law in the 21st Century, 3rd Annual Conference"
by Ruth Lynfield, M.D., and Kathy LeDell, M.P.H., R.N., Minnesota Department
of Health, June 2004, Atlanta, Georgia.
(PowerPoint file)
(Posted: 07/12/2004 2:00 PM)
- "Federal Authority for Isolation & Quarantine." A presentation
at "The Public's Health and the Law in the 21st Century, 3rd Annual
Conference" by Mary Trippler, Assistant U.S. Attorney , June 2004, Atlanta,
Georgia.
(PowerPoint
file)
(Posted: 07/12/2004 2:00 PM)
- Federal. Executive Order on Influenza. An order amending
the Public Health Service Act to include certain influenza viruses to
the list of quarantinable diseases based on the recommendation of the
Secretary of Health and Human Services in consultation with the Surgeon
General.
(PDF file).
(Posted: 04/06/2005 12:00 AM)
- Florida.
Quarantine
and Isolation FAQ developed for Florida Judges, Lawyers and Law
Enforcement.
(PDF file).
(Posted: 04/06/2005 12:00 AM)
- Iowa. A measles home quarantine order and a home quarantine
release order, drafted in compliance with Iowa law. *Note while
these documents may serve as an example, other jurisdictions would need
to develop orders that are consistent with laws of their jurisdictions.
Quarantine order( word
doc)
Release order(
word doc)
(Posted: 05/28/2004)
- Illinois. Chicago Department of Public Health Quarantine
& Isolation Regulations. Emergency regulations adopted by
the Chicago Department of Public Health that authorize more specific
authority to quarantine and/or isolate persons to address a health hazard
that presents an immediate risk to the public health.
(Word file).
(Posted: 09/20/2004)
- Michigan. Memorandum from Denise Chrysler, Director,
and Joe Baumann, Policy Analyst, Office of Legal Affairs, Michigan Department
of Community Health, to CDC, reviewing Michigan's legal authority to
respond to an outbreak of SARS. Written in response to an inquiry from
CDC.
(PDF
file).
(Posted: 11/28/2003 2:30 PM)
- Minnesota. Isolation and Quarantine (I/Q) and
Mass Dispensing in Emergencies. Minnesota's I/Q provisions, updated
in 2005, eliminate the sunset on the rights of persons subject to an
I/Q order and on the court process for issuing an I/Q order. The
update includes new provisions on state-paid defense counsel, job protection
for persons in I/Q, peace officer enforcement and other modified provisions.
(Web link).
(Posted: 06/21/2005 2:30 PM)
- Minnesota. Minnesota Isolation, Quarantine and Mass
Dispensing Law with 2005 Amendments.
(PDF file).
(Posted: 06/21/2005 2:30 PM)
- New Hampshire. Complaint for Compulsory Medical Examination
and Treatment Pursuant to RSA 141-C:15, VI. Prepared by the New
Hampshire Office of the Attorney General in 2003 as part of the state's
emergency preparedness activities. The signed complaint is attached
to a copy of an Order for Treatment issued by the New Hampshire Department
of Health and Human Services. The Complaint and Order can be used
by law enforcement officers to compel an individual suspected of being
infected with a contagious disease to be isolated or quarantined.
(PDF
file.
(Word
file).
(Posted: 12/09/2003 3:00 PM)
- New Hampshire. Request for Superior Court Hearing under
RSA 141-C:14-A to review order of medical examination and treatment.
Prepared by New Hampshire Office of the Attorney General in 2003 as
part of the state's emergency preparedness activities. It can
be used by an individual ordered to submit to an examination, immunization,
treatment, isolation, or quarantine by the New Hampshire Department
of Health and Human Services to request a hearing to contest the order.
(PDF
file.
(Word
file).
- New York. Amendments to Sections 11.01 and 11.55 of
the New York City Health Code adopted on March 20, 2003 by the Department
of Health and Mental Hygiene in response to September 11, to effectively
control and contain potential catastrophic disease epidemics due to
contagious microorganisms. The amendments allow the Department to take
the necessary steps to face imminent and severe threats to the public's
health by providing detention procedures.
(PDF file)
(Posted: 07/02/2003 10:30:00 AM)
- North Carolina. During the 2002 legislative session,
the North Carolina General Assembly enacted a law that extends new legal
authorities and duties to state and local public health officials in
the event of nuclear, biological, and chemical terrorism (NBC terrorism).
(Word file)
(posted 04/26/06)
- North Carolina. North Carolina, Buncombe County.
A collection of legal materials from Buncombe County, including a Report
of the County Quarantine Task Force, draft quarantine orders, draft
isolation orders, a list of legal authorities and contact persons, and
a draft mass quarantine memorandum of understanding. The materials are
in a large file, approximately 4 MB.
(PDF file)
(posted 09/26/03)
- Washington. Chart for Use of Isolation or Quarantine.
An explanatory chart describing the use of isolation or quarantine legal
documents, and a comprehensive list of options for initiating quarantine
or isolation under statute WAC 246-100-040.
(Word
file).
(Posted: 3/30/2003 3:00 PM)
- Washington. Isolation & Quarantine Forms. A form for
a local health officers request for voluntary quarantine, prepared by
the Washington State Department of Health on 12/22/2003.
(Word
file).
(Posted: 3/30/2003 3:00 PM)
- Washington. Emergency Involuntary Detention Order.
Sample templates for use by the local health official for court ordered
involuntary isolation or quarantine due to imminent risk, originated
by the Washington State Department of Health.
(Word
file).
(Posted: 3/30/2003 3:00 PM)
- Washington. Sample templates used by local health officers
for refusal to comply with court ordered involuntary isolation or quarantine
WAC 246-100-040:
Summons
;
Detention ex parte petition
;
Confidential schedule
;
Declaration supporting ex parte detention petition when voluntary detention
refused
;
Order ex parte for involuntary detention
.
(Posted: 3/30/2003 3:00 PM)
- Washington.
Declaration supporting motion for continued detention
.
A sample of a declaration supporting a motion for a court order to
continue isolation or quarantine in accordance with Washington State
Department of Health statute WAC 246-100-040.
Also a sample copy of the order granting motion for continued detention:
Order Granting Motion for Continued Detention
.
(Posted: 3/30/2003 3:00 PM)
- Canada, Ontario. Section 22 of the Health Protection
and Promotion Act. When SARS was made a communicable, reportable
and virulent disease, by regulation, on March 25, 2003, section 22 could
be used to require individuals to remain in quarantine under conditions
established by the local medical officer of health. This section was
amended in May, 2003 to allow the medical officer of health to serve
'class orders'.
(PDF file)
(Posted 11/24/2003 10:00 AM)
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