Sec. 19a-131e. Orders of vaccination. Appeal of order. Hearing.
Sec. 19a-131e. Orders of vaccination. Appeal of order. Hearing. (a) In the event
of a public health emergency declared by the Governor under section 19a-131a, the
commissioner, as authorized by the Governor pursuant to section 19a-131a, may issue
an order for the vaccination of such individuals or individuals present within a geographic area as the commissioner deems reasonable and necessary in order to prevent
the introduction or arrest the progress of the communicable disease or contamination
that caused the declaration of such public health emergency. The commissioner shall
inform individuals subject to such vaccination order of the benefits and risks of the
vaccine and an individual's option to refuse to be vaccinated for any reason, including,
but not limited to, health, religious or conscientious objections. No individual shall be
vaccinated unless such individual or, if such individual is a minor, such individual's
parent or guardian has provided written consent for such vaccination.
(b) The commissioner may issue an order pursuant to section 19a-131b to quarantine
or isolate, as the case may be, any individual or group of individuals who is unable or
unwilling for any reason, including, but not limited to, health, religion or conscience to
undergo vaccination pursuant to this section. A parent or legal guardian may refuse such
vaccination on behalf of a minor in the case where an order of vaccination requires a
minor to be vaccinated. For purposes of this subsection, a minor is any person under
the age of eighteen. Refusal of such vaccination shall not be grounds for quarantine or
isolation without a reasonable belief that the individual or group of individuals is infected
with a communicable disease or is contaminated, or may be exposed to a communicable
disease or contamination, or may have been exposed to a communicable disease or to
contamination, or is at reasonable risk of having a communicable disease or having been
contaminated, and poses a reasonable threat to the public health.
(c) Any individual subject to vaccination pursuant to this section may appeal to the
probate court for the district in which such individual has been ordered vaccinated, and,
if such individual or such individual's representative asks the court, in writing, including,
but not limited to, by means of first class mail, facsimile machine or the Internet, for a
hearing, notwithstanding the form of such request, the court shall hold a hearing not
later than seventy-two hours after receipt of such request, excluding Saturdays, Sundays
and legal holidays. Such request shall be received by the Probate Court not later than
forty-eight hours after the individual receives the order. The commissioner may make
application to the court to extend the time for a hearing based on extraordinary circumstances. Court fees for such hearing shall be paid from funds appropriated to the Judicial
Department, but if funds have not been included in the budget of the Judicial Department
for such purpose, such fees shall be waived by the court. In considering whether to grant
such extension, the court shall give due regard to the rights of affected individuals, the
protection of the public's health, the severity of the need and available witnesses and
evidence. If such individual cannot appear personally before the court, a hearing shall
be conducted only if his or her representative is present. The commissioner shall be a
party to the proceedings. The hearing may be held via any means that allow all parties
to fully participate in the event an individual may infect or contaminate others.
(d) Notice of the hearing shall be given to the respondent and shall inform the respondent that such respondent or his or her representative has a right to be present at
the hearing; that the respondent has a right to counsel; that the respondent has the right
to present testimony from a licensed practitioner of the healing arts, as defined in section
20-1; that court fees shall be waived; that the respondent, if indigent or otherwise unable
to pay for or obtain counsel, has a right to have counsel appointed to represent the
respondent; and that the respondent has a right to cross-examine witnesses testifying at
the hearing. If the court finds such respondent is indigent or otherwise unable to pay
for or obtain counsel, the court shall appoint counsel for such respondent, unless such
respondent refuses counsel and the court finds that the respondent understands the nature
of his or her refusal. The court shall provide such respondent a reasonable opportunity
to select such respondent's own counsel to be appointed by the court. If the respondent
does not select counsel or if counsel selected by the respondent refuses to represent such
respondent or is not available for such representation, the court shall appoint counsel
for the respondent from a panel of attorneys admitted to practice in this state provided
by the Probate Court Administrator. If the order of vaccination applies to individuals
present in a described geographic area, the court may appoint one or more attorneys to
represent all the individuals present within the described geographic area where there
is a commonality of interests of such individuals, except that an individual may choose
to be represented by his or her own attorney on an individual basis. The reasonable
compensation of appointed counsel shall be established by, and paid from funds appropriated to, the Judicial Department, but, if funds have not been included in the budget
of the Judicial Department for such purposes, such compensation shall be established
by the Probate Court Administrator and paid from the Probate Court Administration
Fund.
(e) Prior to such hearing, the Probate Court, such respondent or such respondent's
counsel or the commissioner shall be afforded access to all records including, but not
limited to, hospital records if such respondent is hospitalized, and shall be entitled to
take notes therefrom. If such respondent is hospitalized at the time of the hearing, the
hospital, upon order of the Probate Court, shall make available at such hearing for use
by the respondent or his or her counsel all records in its possession relating to the condition of the respondent. All records relating to the condition of the respondent shall be
admissible at the request of any party or the Probate Court at the hearing. Nothing in
this subsection shall prevent timely objection to the admissibility of evidence in accordance with the rules of civil procedure.
(f) The court shall cause a recording of the testimony at such hearing to be made,
to be transcribed only in the event of an appeal from the order rendered. A copy of such
transcript shall be furnished without charge to any appellant whom the Probate Court
finds unable to pay for the same. The cost of such transcript shall be paid from the funds
appropriated by the Judicial Department, but, if funds have not been included in the
budget of the Judicial Department for such purposes, the cost of such transcription shall
be established by the Probate Court Administrator and paid from the Probate Court
Administration Fund.
(g) At such hearing, the commissioner shall have the burden of showing, by a preponderance of the evidence, that the conditions of subsection (a) of this section are met.
If the court, at such hearing, finds that vaccination of the respondent is necessary and
the least restrictive alternative to protect and preserve the public health, the court shall
order the respondent to undergo vaccination, provided the court may order the isolation
or quarantine of any respondent who is unable or unwilling for reasons of health, religion
or conscience to undergo vaccination, for a period of time sufficient to ensure such
respondent is not able to infect or contaminate others.
(h) If the court, at such hearing, fails to find that the conditions required for an order
for vaccination under subsection (a) of this section have been proven, it shall vacate the
order of vaccination.
(i) Any person aggrieved by an order of the Probate Court under this section may
appeal to the Superior Court. The appeal shall be confined to the record, which shall
consist of the transcript of the hearing and all evidence received or considered by the
Probate Court.
(P.A. 03-236, S. 6.)
History: P.A. 03-236 effective July 9, 2003.