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36 APPENDIX B: STATE AND LOCAL QUARANTINE AND ISOLATION LAWS OF THE 10 BUSIEST U.S. AIRPORTS317 317 National Conference of State Legislatures, State Quarantine and Isolation Statutes, nCsl.orG, http://www.ncsl. org/research/health/state-quarantine-and-isolation-statutes.aspx (last visited Mar. 12, 2018); airPorts CounCil international - north ameriCa, 2016 North American (ACI-NA) Top 50 Airports, http://www.aci-na.org/content/airport- traffic-reports (last visited Mar. 18, 2018). 68 APPENDIX B: STATE AND LOCAL QUARANTINE AND ISOLATION LAWS OF THE 10 BUSIEST U.S. AIRPORTS317 State (Airport) Category Law Summary Georgia (Hartsfield- Jackson Atlanta International Airport) Authority The department and all county boards of health may, from time to time, require the isolation or segregation of persons with communicable diseases or conditions likely to endanger the health of others. The department may, in addition, require quarantine or surveillance of carriers of disease and persons exposed to, or suspected of being infected with, infectious disease until they are found to be free of the infectious agent or disease in question. The department shall promulgate appropriate rules and regulations for the implementation of the provisions of this Code section in the case of a declaration of a public health emergency. [GA. CODE ANN., Â§ 31-12-4 (2017)] Limitations (a) The department shall ascertain the existence of any illness or health condition that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or toxins and that may pose a substantial risk of a public health emergency; investigate all such cases to determine sources of infection and to provide for proper control measures; and define the distribution of the illness or health condition. The department shall: (1) Identify, interview, and counsel, as appropriate, all individuals reasonably believed to have been exposed to risk; (2) Develop information relating to the source and spread of the risk; and (3) Close, evacuate, or decontaminate, as appropriate, any facility and decontaminate or destroy any contaminated materials when the department reasonably suspects that such material or facility may endanger the public health. [GA. CODE ANN., Â§ 31-12-2.1(a) (2017)] Due Process Due process procedures shall be applicable to any quarantine instituted pursuant to a declaration of a public health emergency. An order imposing quarantine may be appealed but not stayed during the pendency of the challenge; the burden of proof shall be on the state to demonstrate that there exists a substantial risk of exposing other persons to imminent danger, using a preponderance of the evidence standard. Those ordered into quarantine or isolation shall
37 69 have access to legal representation and can challenge that order in superior courts in the county where the individual resides or in Fulton County. [GA. CODE ANN., Â§ 38-3-51(i)(2) (2017)] Penalties The department, the county boards of health, and the Department of Community Health, as appropriate, are empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. [GA. CODE ANN., Â§ 31-5-9 (2017)] Local All county boards of health may require the isolation or segregation of persons with communicable diseases or conditions likely to endanger the health of others. [GA. CODE ANN., Â§ 31-12-4 (2017)] California (Los Angeles International Airport; San Francisco International Airport) Authority Health officers should take all necessary steps to prevent the spread of a contagious disease within their jurisdiction. [Cal. Health & Safety Code Â§ 120175(2017)] The sheriff of each county, or city or county, may enforce within the county or the city and county, all orders of the State Department of Public Health issued for the purpose of preventing the spread of any contagious, infection, or communicable disease. Every peace officer of every political subdivision of the county, or city and county, may enforce within the area subject to his or her jurisdiction all orders of the State Department of Public Health issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. [Cal. Health & Safety Code Â§ 120155 (2017)] Limitations Upon receiving information of the existence of contagious, infectious, or communicable disease for which the department may from time to time declare the need for strict isolation or quarantine, each health officer shall: (a) Ensure the adequate isolation of each case, and appropriate quarantine of the contacts and premises.
38 70 (b) Follow local rules and regulations, and all general and special rules, regulations, and orders of the department, in carrying out the quarantine or isolation. [Cal. Health & Safety Code Â§120215 (2017)] Due Process A person unlawfully imprisoned or restrained of his or her liberty under any pretense may prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. [Cal. Penal Code Â§1473 (2017)] Penalties Any person who, after notice, violates, or who, upon the demand of any health officer, refuses or neglects to conform to, any rule, order, or regulation prescribed by the department respecting a quarantine or disinfection of persons, animals, things, or places, is guilty of a misdemeanor. [Cal. Health & Safety Code Â§Â§ 120275 (2017)] Local Both Los Angeles and San Francisco have CDC quarantine stations. Public Health Investigation (PHI) Administration establishes standards of professional practice to direct the activities of PHIs who enforce public health laws, rules, and regulations governing communicable disease control. [County of Los Angeles, Public Health, Public Health Investigation, Publichealth.lacounty.gov, http://publichealth.lacounty.gov/phi/ (last visited Dec. 1, 2017)] All physicians, nurses, clergymen, attendants, owners, proprietors, managers, employees, and persons living with, or visiting any sick person, in any hotel, lodging house, house, building, office, structure, or other place where any person is ill of any infectious, contagious, or communicable disease, shall promptly report that fact to the [local] health officer, together with the name of the person, if known, the place where he or she is confined, and the nature of the disease, if known. [Cal. Health & Safety Code Â§ 120250 (2017)] Illinois (OâHare International Airport) Authority The State Department of Public Health has supreme authority in matters of quarantine and isolation and may declare and enforce quarantine and isolation where none exist, and may modify or relax quarantine and isolation when it has been established. All local boards of health, health authorities and officers, police officers,
39 71 sheriffs and all other officers and employees of the state or any locality shall enforce the rules and regulations so adopted and orders issued by the Department. [20 ILL. COMP. STAT. Â§ 2305/2 (2017)] The Department may order a person or group of persons to be quarantined or isolated or may order a place to be closed and made off limits to the public to prevent the probable spread of a dangerously contagious or infectious disease until such time as the condition can be corrected or the danger to the public health eliminated or reduced in such a manner that no substantial danger to the publicâs health any longer exists. [20 Ill. Comp. Stat. Â§ 2305/2(b) (2017)] Limitations The Department may order physical examinations or tests, provided the tests pose no substantial risk of harm, and vaccinate or treat diseases. They may quarantine or isolate those who do not consent to testing to confirm suspected disease or treatment of identified disease. [20 Ill. Comp. Stat. Â§ 2305/2(a) (2017)] Due Process Except as provided in this Section, no person or a group of persons may be ordered to be quarantined or isolated and no place may be ordered to be closed and made off limits to the public except with the consent of the person or owner of the place or upon the prior order of a court of competent jurisdiction. The Department may, however, order a person or a group of persons to be quarantined or isolated or may order a place to be closed and made off limits to the public on an immediate basis without prior consent or court order if, in the reasonable judgment of the Department, immediate action is required to protect the public from a dangerously contagious or infectious disease. In the event of an immediate order issued without prior consent or court order, the Department shall, as soon as practical, within 48 hours after issuing the order, obtain the consent of the person or owner or file a petition requesting a court order authorizing the isolation or quarantine or closure. When exigent circumstances exist that cause the court system to be unavailable or that make it impossible to obtain consent or file a petition within
40 72 48 hours after issuance of an immediate order, the Department must obtain consent or file a petition requesting a court order as soon as reasonably possible. To obtain a court order, the Department, by clear and convincing evidence, must prove that the public's health and welfare are significantly endangered by a person or group of persons that has, that is suspected of having, that has been exposed to, or that is reasonably believed to have been exposed to a dangerously contagious or infectious disease including non-compliant tuberculosis patients or by a place where there is a significant amount of activity likely to spread a dangerously contagious or infectious disease. The Department must also prove that all other reasonable means of correcting the problem have been exhausted and no less restrictive alternative exists. [20 Ill. Comp. Stat. Â§ 2305/2(c) (2017)] Penalties Anyone who knowingly disseminates false information related to contagious disease or violates a quarantine order is guilty of a Class A misdemeanor. [20 Ill. Comp. Stat. Â§ 2305/2(k) (2017)] Local A county board of health should be created with responsibility for control of contagious diseases including the use of quarantine for areas within the county not incorporated. [55 Ill. Comp. Stat. Â§ 5/5-20001 (2017)] The corporate authorities in all municipalities have jurisdiction in and over all places within one half mile of the corporate limits for the purpose of enforcing health and quarantine ordinances and regulations. [65 Ill. Comp. Stat. Â§ 5/7-4-1 (2017)] Local health authority may investigate the occurrence of cases, suspect cases, or carriers of reportable diseases or unusual disease occurrence in a public or private place. [77 Ill. Admin. Code Â§ 690.30 (2017)] Texas Authority The commissioner is responsible for the general statewide administration of the control of communicable disease. The executive
41 73 (Dallas/Fort Worth International Airport) commissioner may adopt rules necessary to administer and implement the provisions of this law. [Tex. Health & Safety Code Ann. Â§ 81.004 (2017)] If the department or a health authority has reasonable cause to believe that an individual is ill with, has been exposed to, or is the carrier of a communicable disease, the department or health authority may order the individual, or the individual's parent, legal guardian, or managing conservator if the individual is a minor, to implement control measures [including isolation or quarantine] that are reasonable and necessary to prevent the introduction, transmission, and spread of the disease in this state. [Tex. Health & Safety Code Ann. Â§ 81.083 (2017)] If an outbreak of communicable disease occurs in this state, the commissioner or one or more health authorities may impose an area quarantine coextensive with the area affected. The commissioner may impose an area quarantine, if the commissioner has reasonable cause to believe that individuals or property in the area may be infected or contaminated with a communicable disease, for the period necessary to determine whether an outbreak of communicable disease has occurred. A health authority may impose the quarantine only within the boundaries of the health authority's jurisdiction. [Tex. Health & Safety Code Ann. Â§ 81.085 (2017)] Limitations The state, a county or a hospital district shall pay for medical expenses if the individual is indigent and cannot pay and if that individual is not eligible for benefits under an insurance contract. [Tex. Health & Safety Code Ann. Â§ 81.083 (2017)] Due Process An isolation or quarantine order must be in writing and be delivered personally or by registered or certified mail to the individual or to the individual's parent, legal guardian, or managing conservator if the individual is a minor. [Tex. Health & Safety Code Ann. Â§ 81.083 (2017)] Penalties A person commits an offense if the person knowingly fails or refuses to obey a rule, order, or instruction of the department or an order or
42 74 instruction of a health authority issued under a department rule and published during an area quarantine under this section. An offense under this subsection is a felony of the third degree. [Tex. Health & Safety Code Ann. Â§ 81.085 (2017)] Local A home-rule municipality may adopt rules to protect the health of persons in the municipality, including quarantine rules to protect the residents against communicable disease, and provide for the establishment of quarantine stations, emergency hospitals, and other hospitals. [Tex. Health & Safety Code Ann. Â§122.006 (2017)] Colorado (Denver International Airport) Authority County or district public health agencies shall establish, maintain, and enforce isolation and quarantine, and in pursuance thereof, and for this purpose only, to exercise physical control over property and over the persons of the people within the jurisdiction of the agency as the agency may find necessary for the protection of the public health. [Colo. Rev. Stat. Â§ 25-1-506 (2017)] Due Process Whenever a health officer determines on reasonable grounds that an examination of any person is necessary for the preservation and protection of the public health, the health officer shall issue a written order directing medical examination [for the investigation and examination of suspected or known tuberculosis cases], setting forth the name of the person to be examined, the time and place of the examination, and such other terms and conditions as the health officer may deem necessary. A copy of such order shall be served upon the person. Such an examination may be made by a licensed physician or advanced practice nurse of the person's own choice under such terms and conditions as the health officer shall specify. [Colo. Rev. Stat. Â§Â§ 25-4-506 (2017)] Penalties Anyone who violates or fails to comply with a quarantine order for tuberculosis is guilty of a misdemeanor. [Colo. Rev. Stat. Â§ 25-4-509 (2017)] Local Except as otherwise provided by law, the mayor and council of each incorporated town or city, whether incorporated under general statutes or special charter in this state, may establish a municipal public health agency and appoint a municipal board of health. If appointed, the municipal board of health shall have all the powers
43 75 and responsibilities and perform all the duties of a county or district board of healthâ¦within the limits of the respective city or town of which they are the officers. [Colo. Rev. Stat. Â§ 25-1-507 (2017)] New York (John F. Kennedy International Airport) Authority Every local board of health and every health officer may provide for care and isolation of cases of communicable disease in a hospital or elsewhere when necessary for protection of the public health. [N.Y. Pub. Health Law Â§ 2100 (2017)] Limitations The magistrate after due notice and a hearing, if satisfied that the complaint of the health officer is well founded and that the afflicted person is a source of danger to others, may commit the said person to any hospital or institution established for the care of persons suffering from any such communicable disease or maintaining a room, ward or wards for such persons. [N.Y. Pub. Health Law Â§ 2120 (2017)] Due Process A person who is determined by a physician or health officer to have a communicable disease or be a carrier of typhoid fever, tuberculosis, diphtheria or another communicable disease and to pose a danger to others is entitled to notice of and a hearing on the health officerâs complaint. [N.Y. Pub. Health Law Â§ 2120 (2017)] Penalties Whenever a complaint is made by a physician to a health officer that any person is afflicted with a communicable disease or is a carrier of typhoid fever, tuberculosis, diphtheria, or other communicable disease and is unable or unwilling to conduct himself and to live in such a manner as not to expose members of his family or household or other persons with whom he may be associated to danger of infection, the health officer shall forthwith investigate the circumstances alleged. If the health officer finds after investigation that a person so afflicted is a menace to others, he shall make and file a complaint against such person with a magistrate, and on such complaint the said person shall be brought before such magistrate. The magistrate after due notice and a hearing, if satisfied that the complaint of the health officer is well founded and that the afflicted person is a source of danger to others, may commit the said person to any hospital or institution established for the care of persons
44 76 suffering from any such communicable disease or maintaining a room, ward, or wards for such persons. In making such commitment, the magistrate shall make such order for payment for the care and maintenance of the person committed as he may deem proper. A person who is committed pursuant to the provisions of this section shall be deemed to be committed until discharged in the manner authorized by section two thousand one hundred twenty-three of this chapter. [N.Y. Pub. Health Law Â§ 2120 (2017)] Local Subject to the provisions of the New York City Health Code or other applicable law, the New York City Department of Health and Mental Hygiene may take such action as may become necessary to assure the maintenance of public health, the prevention of disease, or the safety of the City and its residents. [N.Y.C., N.Y., Health Code Â§ 3.01(c) (2017) (General powers of the Department)] Washington (Seattle- Tacoma International Airport) Authority In order to protect public health, the state board of health shall: (e) Adopt rules for the imposition and use of isolation and quarantine; (f) Adopt rules for the prevention and control of infectious and noninfectious diseases, including food and vector borne illness, and rules governing the receipt and conveyance of remains of deceased persons, and such other sanitary matters as may best be controlled by universal rule. [Wash. Rev. Code Â§ 43.20.050(2)(e)-(f) (2017)] Limitations If a local health officer orders the immediate involuntary detention of a person or group of persons for purposes of isolation or quarantine: (a) The emergency detention order shall be for a period not to exceed ten days. (b) The local health officer shall issue a written emergency detention order as soon as reasonably possible and in all cases within twelve hours of detention. [Wash. Admin. Code Â§ 246-100-040(3) (2017)] A local health officer may petition the superior court for an order authorizing the continued isolation or quarantine of a person or
45 77 group detained under subsections (3) or (4) of this section for a period up to thirty days. [Wash. Admin. Code Â§ 246-100-040(5) (2017)] Isolation or quarantine must be by the least restrictive means necessary to prevent the spread of a communicable or possibly communicable disease to others and may include, but are not limited to, confinement to private homes or other public or private premises. [Wash. Admin. Code Â§ 246-100-045(1) (2017)] Isolated or quarantined individuals must be released as soon as practicable when the local health officer determines that they have been successfully decontaminated or that they pose no substantial risk of transmitting a communicable or possibly communicable disease that would constitute a serious or imminent threat to the health and safety of others. [Wash. Admin. Code Â§ 246-100-045(5) (2017)] Due Process Any person or group of persons isolated or quarantined pursuant to this chapter may seek relief from the superior court. (1) Any person or group of persons detained by order of a local health officer pursuant to WAC 246-100-040(3) may apply to the court for an order to show cause why the individual or group should not be released. An individual or group isolated or quarantined may request a hearing in the court for remedies regarding breaches to the conditions of isolation or quarantine required by WAC 246-100-045. [Wash. Admin. Code Â§ 246-100-055(1)-(2) (2017)] Penalties Any person who shall violate any of the provisions of this chapter [Communicable and Certain Other Diseases] or any lawful rule adopted by the board shall be deemed guilty of a misdemeanor punishable as provided under RCW 43.20.050. Any person who shall fail or refuse to obey any lawful order issued by any local health officer shall be deemed guilty of a misdemeanor punishable as provided under RCW 70.05.120. [Wash. Admin. Code Â§ 246-100-070 (2)-(3) (2017)] Local Local health officerâPowers and duties.
46 78 The local health officer, acting under the direction of the local board of health or under d direction of the administrative officer appointed under RCW 70.05.040 or 70.05.035, if any, shall (1) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction. [Wash. Rev. Code Â§ 70.05.070 (3) (2017)] Each local board of health shall have supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall: (4) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department. [Wash. Rev. Code Â§ 70.05.060 (4) (2017)] Nevada (McCarran International Airport) Authority A health authority who knows, suspects or is informed of the existence within the jurisdiction of the health authority of any communicable disease shall immediately investigate the matter and all circumstances connected with it, and shall take such measures for the prevention, suppression and control of the disease as are required by the regulations of the Board or a local board of health. [Nev. Rev. Stat. Â§Â§ 441A.160(1) (2017)] A health authority may order any person whom the health authority reasonably suspects has a communicable disease in an infectious state to submit to any medical examination or test which the health authority believes is necessary to verify the presence of the disease. A health authority may issue an order requiring the isolation, quarantine or treatment of any person or group of persons if he believes that such action is necessary to protect the public health. These orders must be in writing and specific the name of the person or groups of persons to be tested or isolated. [Nev. Rev. Stat. Â§ 441A.160(2)(a),(c) (2017)] Limitations A health authority may petition the county court for isolation or quarantine. The petition may be plead in the alternative for both isolation and quarantine. The petition must be accompanied by a certificate of a health authority or a physician or a registered nurse and by a sworn written statement by the health authority that based
47 79 on personal observation or epidemiological investigation of the circumstances of potential exposure, that a reasonable factual and medical basis exists to believe the person has been infected with or exposed to a communicable disease and the person is likely to be an immediate threat to the health of the public. [Nev. Rev. Stat. Â§Â§ 441A.600 (2017)] Due Process Isolated and quarantined individuals have the right to place phone calls to possess and use a cellular phone or other means of communication, and to refuse treatment, unless a court issues an order requiring the person to submit to treatment. [Nev. Rev. Stat. Â§Â§ 441A.520, 441A.530 (2017)] Penalties A person who has a communicable disease in an infectious state shall not conduct himself in any manner likely to expose others to the disease or engage in any occupation in which it is likely that the disease will be transmitted to others. A person who violates the provisions after service upon him of a warning from a health authority is guilty of a misdemeanor. [Nev. Rev. Stat. Â§ 441A.180 (2017)] Local The city board of health may appoint quarantine officers when necessary to enforce a quarantine, and shall provide whatever medicines, disinfectants and provisions which may be required. The city council shall pay all debts or charges so incurred, but each patient shall, if able, pay for his or her food, medicine, clothes and medical attendance. [Nev. Rev. Stat. Â§ 439.470(4) (2017)] Florida (Miami International Airport) Authority The State Health Officer is responsible for declaring public health emergencies, issuing public health advisories, and ordering isolation or quarantines. [Fla. Stat. Â§381.00315 (2017)] Due Process The department may apply for an injunction to the proper circuit court, and the judge of that court upon hearing and for cause shown may grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter. A permanent injunction may be issued without bond. However, a temporary injunction may not be
48 80 issued without bond except after a hearing of which the respondent has been given not less than 7 days' prior notice. A temporary injunction may not be issued without bond which limits or prevents operations of an industrial, manufacturing, or processing plant, unless at the hearing, it is shown by clear, certain, and convincing evidence that irreparable injury will result to the public from the failure to issue the temporary injunction. If a temporary injunction or restraining order is improperly or erroneously granted, the state is liable in damages and to the extent provided for in chapter 768. [Fla. Stat. Â§ 381.0012(2) (2017)] Local It shall be the duty of every state and county attorney, sheriff, police officer, and other appropriate city and county officials upon request to assist the department or any of its agents in enforcing the state health laws, rules, and orders adopted under this chapter. [Fla. Stat. Â§ 381.0012(5) (2017)]