Claims Pages

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.