32.1-48.09 - Order of quarantine.
§ 32.1-48.09. Order of quarantine.
A. The State Health Commissioner shall, prior to placing any person orpersons under quarantine, issue an order of quarantine that shall: (i)identify the communicable disease of public health threat that is reasonablybelieved to be involved and the reasons why exceptional circumstances applyand the quarantine is the necessary means to contain the risks oftransmission of the disease; (ii) contain sufficient information to providereasonable notice to persons who are affected by the order of quarantine thatthey are subject to the order; (iii) specify the means by which thequarantine is to be implemented; (iv) establish clearly the geographicparameters of the quarantine, if involving an affected area; (v) specify theduration of the quarantine; (vi) provide sufficient directions for compliancewith the quarantine to enable persons subject to the order to comply; (vii)provide timely opportunities, if not readily available under thecircumstances, for the person or persons who are subject to the order tonotify employers, next of kin or legally authorized representatives and theattorneys of their choice of the situation; (viii) specify the penalty orpenalties that may be imposed for noncompliance with the order of quarantinepursuant to § 32.1-27; and (ix) include a copy of § 32.1-48.010 to inform anyperson or persons subject to an order of quarantine of the right to seekjudicial review of the order.
B. No affected area shall be the subject to an order of quarantine issued bythe State Health Commissioner unless the Governor, pursuant to the authorityvested in him pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, hasdeclared a state of emergency for such affected area of the Commonwealth.
C. The order of quarantine shall be delivered to any person or personsaffected by the quarantine, in so far as practicable. However, if, in theopinion of the State Health Commissioner, the number of quarantined personsis too great to make delivery of copies of the order of quarantine to eachperson possible in a timely manner, or if the order of quarantine designatesan affected area instead of a specific person or persons, the State HealthCommissioner shall cause the order of quarantine to be communicated to thepersons residing or located in the affected area.
D. The State Health Commissioner or his legal representative shall, as soonas practicable following the issuance of an order of quarantine, file apetition seeking an ex parte court review and confirmation of the quarantine.
E. The petition shall be filed in the circuit court for the city or county inwhich the person or persons resides or is located or, in the case of anaffected area, in the circuit court of the affected jurisdiction orjurisdictions.
The petition shall include (i) a copy of the order of quarantine or allinformation contained in the State Health Commissioner's order of quarantinein some other format and (ii) a summary of the findings on which theCommissioner relied in deciding to issue the order of quarantine.
Upon receiving multiple orders of quarantine, the court may, on the motion ofany party or on the court's own motion, consolidate the cases into a singleproceeding for all orders when (i) there are common questions of law or factrelating to the individual claims or rights to be determined, (ii) the claimsof the consolidated cases are substantially similar, and (iii) all parties tothe orders will be adequately represented in the consolidation.
F. Prior to the expiration of the original order of quarantine, theCommissioner may extend the duration of the original order upon finding thatsuch an extension is necessary. The Commissioner, or his legalrepresentative, shall, as soon as practicable following the extension of anorder of quarantine, file a petition seeking court review and confirmation ofthe order to extend the duration of the quarantine.
G. In reviewing the petition for review and confirmation of the order ofquarantine or an extension of the order of quarantine, the court shall givedue deference to the specialized expertise of the State Health Commissioner.The court shall grant the petition to confirm or extend the quarantine uponfinding probable cause that quarantine was the necessary means to contain thedisease of public health threat and is being implemented in the leastrestrictive environment to address the public health threat effectively,given the reasonably available information on effective control measures andthe nature of the communicable disease of public health threat.
H. The State Health Commissioner may, if he reasonably believes that publicdisclosure of the information contained in the order of quarantine or thepetition for court review and confirmation or extension of the order ofquarantine will exacerbate the public health threat or compromise any currentor future criminal investigation or compromise national security, file someor all of any petition relating to an order of quarantine under seal. Afterreviewing any information filed under seal by the State Health Commissioner,the court shall reseal the relevant materials to the extent necessary toprotect public health and safety.
I. The State Health Commissioner shall ensure that the protected healthinformation of any person or persons subject to the order of quarantine shallonly be disclosed in compliance with § 32.1-127.1:03 of this title and theregulations relating to privacy of health records promulgated by the federalDepartment of Health and Human Services pursuant to the Health InsurancePortability and Accountability Act of 1996 (42 U.S.C. § 1320d et seq.).
J. Any law-enforcement officer, state or local health department employee, orany other person designated by a law-enforcement officer or state or localhealth department employee is empowered and authorized to deliver an order ofquarantine.
(2004, cc. 773, 1021; 2007, cc. 699, 783.)