Authority. When the Cabinet for Health and Family Services believes that there is a probability that any infectious or contagious disease will invade this state, it shall take such action and adopt and enforce such rules and regulations as it deems efficient in preventing the introduction or spread of such infectious or contagious disease or diseases within this state, and to accomplish these objects shall establish and strictly maintain quarantine and isolation at such places as it deems proper.
Authority. The state health officer has exclusive authority to isolate or quarantine to prevent the spread of contagious disease. If a parish becomes infected with a disease to the degree that it threatens to spread to another parish, the state health officer can quarantine that parish. Parish health officers may establish quarantine only with permission of the state health officer and parish legislative body, and shall be supervised by the state health officer.
Penalties. Whoever violates those provisions of the sanitary code dealing with the isolation or quarantine of communicable disease, or any person having such a communicable disease that may cause a severe health hazard to the community and who, after having been officially isolated or quarantined by any local health officer or by the state health officer or the duly authorized representative of either health officer, violates the provisions of the isolation or quarantine shall be fined not less than $50 nor more than $100or be imprisoned for not more than two years, or both.
Authority. In the event of an actual or threatened epidemic or public health threat, the department may declare that a health emergency exists and may adopt emergency rules for the protection of the public health relating to procedures for the isolation and placement of infected persons for purposes of care and treatment or infection control.
Penalties. Penalties.Any personwho neglects, violates or refuses to obey the rules, or who willfully obstructs or hinders the execution of the rules, may be ordered by the department, in writing, to cease and desist. In the case of any person who refuses to obey a cease and desist order issued to enforce the rules adopted pursuant to section 802, the department may bring an action in district court to obtain an injunction enforcing the cease and desist order or to request a civil fine not to exceed $500, or both.
Police Power & Limitations. Upon the department's submission of an affidavit showing by clear and convincing evidence that the person or property which is the subject of the petition requires immediate custody in order to avoid a clear and immediate public health threat, a judge of the district court or justice of the Superior Court may grant temporary custody of the subject of the petition to the department and may order specific emergency care, treatment or evaluation.
Authority. When the secretary of health determines that it is medically necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent, may order an individual or group of individuals to go to and remain in places of isolation or quarantine until the secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public. If a competent individual over the age of 18 refuses vaccination, medical examination, treatment or testing under this paragraph, may require the individual to go to and remain in places of isolation or quarantine until the secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public.
Penalties. A person who knowingly and willfully fails to comply with any order, regulation or directive is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $3,000, or both. If a health care facility fails to comply with an order, regulation or directive, the secretary may impose a civil penalty not to exceed $3,000 for each offense.
Police Power & Limitations. Individuals should be informed of quarantine directivethrough best means available and have a hearing to contest the directive.
Authority.If a disease dangerous to the public health breaks out in a town, or if a person is infected or lately has been infected therewith, the board of health shall immediately provide such hospital or place of reception and such nurses and other assistance and necessaries as is judged best for his accommodation and for the safety of the inhabitants, and the same shall be subject to the regulations of the board. The board may cause any sick or infected person to be removed to such hospital or place, if it can be done without danger to his health; otherwise, the house or place in which he remains shall be considered as a hospital, and all persons residing in or in any way connected therewith shall be subject to the regulations of the boardand, if necessary, persons in the neighborhood may be removed.
Penalties.If a physician or other person who is in any of the hospitals or places of reception mentioned in section 95, or who attends, approaches or is concerned with them, violates a regulation of the board of health relative thereto, he shall forfeit not less than $10 nor more than $100.
Police Power and Limitations.When the board of health of a town shall deem it necessary, in the interest of the public health, to require a resident wage earner to remain within such house or place or otherwise to interfere with the following of his employment, he shall receive from such town during the period of his restraint compensation to the extent of three-fourths of his regular wages,providedthat the amount so received shall not exceed $2for each working day.
Authority. The local health officer may issue an emergency order to prohibit the gathering of people for any purpose and may establish procedures to be followed by persons, including a local governmental entity, during the epidemic to ensure continuation of essential public health services and enforcement of health laws. Emergency procedures shall not be limited to this code.
Police Power & Limitations. An individual temporarily detained under subsection (1) shall not be detained longer than 72 hours, excluding Saturdays, Sundays, and legal holidays, without a court hearing to determine if the temporary detention should continue.
Authority.When necessary the commissioner of the Department of Healthmay establish and enforce a system of quarantine against the introduction into the state of any plague or other communicable disease by common carriers doing business across its borders.
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