Quarantine and Isolation, Law-Related Materials

CDC Links

• CDC Division of Global Migration and Quarantine
  
  
• Proposed Quarantine Rule, 42 CFR Parts 70 and 71
  
  
• MMWR Article on the Use of Quarantine in a Measles Outbreak.
  October, 2004 MMWR article about a measles outbreak in Iowa and the use of quarantine as well as other measures used to control the outbreak.
  (PDF file).
  
  
• Legal Authorities for Isolation & Quarantine, a legal preparedness planning reference and resource tool that provides information and guidance on the Legal Authorities of Isolation and Quarantine written by CDC. Dated January 27, 2004.
  

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)