Authority. The governor or the State Board of Health may proclaim a quarantinewhenever deemed necessary. The Board of Health shall enforce it and adopt any necessary rules or regulations necessary to do so. The board shall also supervise county boards.
Penalties. Violation of a health or quarantine law is a misdemeanor unless otherwise noted and is typically subject to a fine of $50 to $500. Such punishment applies to individuals who violate quarantine orders, those required to provide notification of notifiable diseases who willfully neglect to do so, anyone who knowingly transports a person or thing in violation of a quarantine, or other such violations of quarantine regulations.
Police Power & Limitations. An officer or guard carrying out a quarantine may arrest without warrant anyone who attempts to violate quarantine regulations and move them to the designated detention area or in front of an officer with jurisdiction over the offense. Officers can pass through quarantine lines and have free access to all means of public transportation as needed to perform their duties. Freight and mail can be rejected from a quarantined area. Those with notifiable disease must obey the instructions of state or county health officer.
Authority. The governor can declare a disaster emergency, including in the event of a disease outbreak. He or she can control entry and exit of an area and movement of persons or occupancy of premises within the area. The Department of Health and Social Services can quarantine or isolate only if it is the least restrictive alternative to protect public health. An emergency administrative order from the state medical officer can impose quarantine or isolation pending the court order.
Penalties. Anyone who knowingly violates a regulation pertaining to quarantine or isolation is guilty of a class B misdemeanor. Anyone who intentionally violates such a regulation is guilty of a class A misdemeanor.
Police Power & Limitations. The department must allow isolation in the personal home if it would not jeopardize public health. If individuals do not consent to quarantine or isolation, a superior court order must be granted. The department should monitor those in quarantine or isolation and release them as soon as they no longer pose a substantial risk to public health. Improper application of quarantine or isolation, or negligent medical treatment therein, is an actionable claim against the state for compensation.
Authority. The governor, along with the state director of health services, has primary authority in a state of emergency involving possible infectious disease. If investigation reveals a suspicion of a highly contagious disease to be accurate, the state or local health authority may declare a quarantine if it is the least intrusive means of protecting public health. A quarantine or isolation should be established by written court order unless there is an urgent threat to public health, in which case the Department of Health or local health authority can initiate a quarantine by written directive provided they file a petition for court order within 10 days. The maximum court order for quarantine is 30 days before requiring a new order.
Penalties. Knowingly or intentionally exposing others to infection or attempting to leave quarantine or isolation is a class 2 misdemeanor. Obstructing an investigation, making a false report, or knowingly assisting someone else in violating quarantine is a class 3 misdemeanor.
Police Power and Limitations. No treatment shall be provided against the will of an individual provided they cooperate with quarantine and sanitation orders. If an individual under quarantine is shown to no longer pose a public health risk, they may be released prior to end of court-ordered period.
Authority. The director of the Department of Health has control over all quarantine measures. The state Health Board establishes rules and regulations regarding quarantine and isolation. County or district health departments have the power and duty to establish and enforce quarantine or isolation when it is necessary for public health. Cities can create health boards and appoint a health officer, with jurisdiction five miles beyond city limits in the event of a quarantine for an epidemic. Both county and city health authorities must assist state Department of Health and the Health Board. Only the state director can implement a quarantine on movement between jurisdictions.
Penalties. For those under mandated treatment for tuberculosis, disorderly conduct can be punished with confinement up to six months and those who leave or attempt to leave without being discharged are guilty of a misdemeanor, punishable by confinement of six to12 months.
Police Power and Limitations. If a health officer has reasonable grounds to suspect an individual has an active or communicable form of tuberculosis who is not willing to undergo treatment, they may detain the individual for the necessary testing and establish suitable isolation. If suitable local isolation is unavailable, they can petition the court to move the individual to an appropriate state facility.
Authority. Health officers should take all necessary steps to prevent the spread of a contagious disease within their jurisdiction. Officers are required to enforce quarantine of state Department of Health and cannot enforce a quarantine against another jurisdiction without state approval.
Penalties. Anyone who violates or refuses a regulation or order of quarantine is guilty of a misdemeanor. A first offense is punishable by forced compliance with quarantine up to a year and two years probation with a repeat offense punishable by confinement of not more than a year.
Police Power and Limitations. In the event of the outbreak of a communicable disease, a health official may have access to all supplies necessary from health providers that can either assist in responding to the outbreak or are implicated in the outbreak. If disinfection of goods or property would be unsafe, officers may destroy items, with proper compensation to owner.