Authority. The governor, in the event of a civil defense emergency, may require the quarantine of persons affected with a disease that presents a public health risk. The Department of Health can petition the court for a quarantine order, or if necessary for the protection of public health, establish a quarantine, provided they submit a petition to the court. The Department of Health can require immunization against a communicable disease with exceptions based on medical risk and religious objection.


Penalties. Failure of required medical professionals to report presence of a communicable disease is punishable by fine up to $1,000 per violation. Failure to follow a quarantine order is a misdemeanor.


Police Power and Limitations. Public safety officials can isolate or close any building that is the source of contamination and provide for the destruction or cleansing of property that is acting as a public nuisance. The governor can suspend any law which impedes the ability to respond to a civil defense emergency. Subjects of quarantine should have their dignity respected and be kept in the least restrictive environment dictated by public health requirements. They have the right to contest a quarantine order in court.


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