§ 130A-145. Quarantine and isolation authority.
§ 130A‑145. Quarantineand isolation authority.
(a) The State HealthDirector and a local health director are empowered to exercise quarantine andisolation authority. Quarantine and isolation authority shall be exercised onlywhen and so long as the public health is endangered, all other reasonable meansfor correcting the problem have been exhausted, and no less restrictivealternative exists.
(b) No person otherthan a person authorized by the State Health Director or local health directorshall enter quarantine or isolation premises. Nothing in this subsection shallbe construed to restrict the access of authorized health care, law enforcement,or emergency medical services personnel to quarantine or isolation premises asnecessary in conducting their duties.
(c) Before applyingquarantine or isolation authority to livestock or poultry for the purpose ofpreventing the direct or indirect conveyance of an infectious agent to persons,the State Health Director or a local health director shall consult with theState Veterinarian in the Department of Agriculture and Consumer Services.
(d) When quarantine orisolation limits the freedom of movement of a person or animal or of access toa person or animal whose freedom of movement is limited, the period of limitedfreedom of movement or access shall not exceed 30 calendar days. Any personsubstantially affected by that limitation may institute in superior court inWake County or in the county in which the limitation is imposed an action toreview that limitation. The official who exercises the quarantine or isolationauthority shall give the persons known by the official to be substantiallyaffected by the limitation reasonable notice under the circumstances of theright to institute an action to review the limitation. If a person or aperson's representative requests a hearing, the hearing shall be held within 72hours of the filing of that request, excluding Saturdays and Sundays. Theperson substantially affected by that limitation is entitled to be representedby counsel of the person's own choice or if the person is indigent, the personshall be represented by counsel appointed in accordance with Article 36 ofChapter 7A of the General Statutes and the rules adopted by the Office ofIndigent Defense Services. The court shall reduce or terminate the limitationunless it determines, by the preponderance of the evidence, that the limitationis reasonably necessary to prevent or limit the conveyance of a communicabledisease or condition to others.
If the State Health Directoror the local health director determines that a 30‑calendar‑daylimitation on freedom of movement or access is not adequate to protect thepublic health, the State Health Director or local health director mustinstitute in superior court in the county in which the limitation is imposed anaction to obtain an order extending the period of limitation of freedom ofmovement or access. If the person substantially affected by the limitation hasalready instituted an action in superior court in Wake County, the State HealthDirector must institute the action in superior court in Wake County or as acounterclaim in the pending case. Except as provided below for persons withtuberculosis, the court shall continue the limitation for a period not to exceed30 days if it determines, by the preponderance of the evidence, that thelimitation is reasonably necessary to prevent or limit the conveyance of acommunicable disease or condition to others. The court order shall specify theperiod of time the limitation is to be continued and shall provide forautomatic termination of the order upon written determination by the StateHealth Director or local health director that the quarantine or isolation is nolonger necessary to protect the public health. In addition, where thepetitioner can prove by a preponderance of the evidence that quarantine orisolation was not or is no longer needed for protection of the public health,the person quarantined or isolated may move the trial court to reconsider itsorder extending quarantine or isolation before the time for the order otherwiseexpires and may seek immediate or expedited termination of the order. Beforethe expiration of an order issued under this section, the State Health Directoror local health director may move to continue the order for additional periodsnot to exceed 30 days each. If the person whose freedom of movement has beenlimited has tuberculosis, the court shall continue the limitation for a periodnot to exceed one calendar year if it determines, by a preponderance of theevidence, that the limitation is reasonably necessary to prevent or limit theconveyance of tuberculosis to others. The court order shall specify the periodof time the limitation is to be continued and shall provide for automatic terminationof the order upon written determination by the State Health Director or localhealth director that the quarantine or isolation is no longer necessary toprotect the public health. In addition, where the petitioner can prove by apreponderance of the evidence that quarantine or isolation was not or is nolonger needed for protection of the public health, the person quarantined orisolated may move the trial court to reconsider its order extending quarantineor isolation before the time for the order otherwise expires and may seekimmediate or expedited termination of the order. Before the expiration of anorder limiting the freedom of movement of a person with tuberculosis, the StateHealth Director or local health director may move to continue the order foradditional periods not to exceed one calendar year each. (1957, c. 1357, s. 1; 1983,c. 891, s. 2; 1987, c. 782, s. 15; 2002‑179, s. 5; 2004‑80, s. 2.)