32.1-48.05 - Application of article; determination of exceptional circumstances; regulations; duties of the State Health Commissioner not be delegated.
§ 32.1-48.05. Application of article; determination of exceptionalcircumstances; regulations; duties of the State Health Commissioner not bedelegated.
A. Upon a determination by the State Health Commissioner that exceptionalcircumstances exist relating to one or more persons in the Commonwealth whoare known to have been exposed to or infected with or reasonably suspected tohave been exposed to or infected with a communicable disease of public healththreat and that such exceptional circumstances render the procedures ofArticle 3.01 (§ 32.1-48.01 et seq.) of this chapter to be insufficientcontrol measures or that the individuals have failed or refused to complyvoluntarily with the control measures directed by the State HealthCommissioner in response to a communicable disease of public health threat,the State Health Commissioner may invoke the provisions of this articlerelating to quarantine and isolation.
B. The Board of Health shall promulgate regulations for the implementation ofthis article that shall (i) address the circumstances that are subject to theapplication of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and theexceptional circumstances in which this article may be invoked by the StateHealth Commissioner; (ii) provide procedures to assure that any quarantine orisolation is implemented in the least restrictive environment; (iii) ensurethat the essential needs of persons subject to an order of isolation issuedpursuant to this article shall be met, including, but not limited to, food,water, and health care, e.g., medications, therapies, testing, and durablemedical equipment; (iv) provide procedures for proper notice of orders ofquarantine and orders of isolation; (v) provide procedures for the StateHealth Commissioner to issue an emergency detention order for persons forwhom he has probable cause to believe that they may fail or refuse to complywith an order of quarantine or an order of isolation; and (vi) address anyother issue or procedure covered herein that the Board deems to be properlythe subject of regulation.
C. The powers granted to the State Health Commissioner pursuant to thisarticle shall not be delegated to or invoked by any local or district healthdepartment director. However, in the event the State Health Commissioner,duly appointed and confirmed pursuant to § 32.1-17, shall be unable toperform his duties pursuant to this article, any Deputy Commissioner,appointed by the State Health Commissioner and approved by the Board pursuantto § 32.1-22, shall be authorized to invoke the provisions of this article.
(2004, cc. 773, 1021.)