{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-48.012.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-48.012.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-48.012.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-48.012.html"}],"law_id":68450,"edition_id":1,"section_id":68450,"structure_id":14328,"section_number":"32.1-48.012","catch_line":"Isolation order","history":"2004, cc. 773, 1021; 2007, cc. 699, 783.","full_text":"A\n\nThe State Health Commissioner shall, prior to placing any person or persons in isolation, prepare a written order of isolation that shall: (i) identify the person or persons subject to such order of isolation; (ii) identify the site of isolation, which may, in the Commissioner’s discretion, include the residence of any isolated individual; (iii) specify the date and time that isolation is to commence; (iv) identify the communicable disease of public health threat or the suspected communicable disease of public health threat with which the person or persons are known to be infected or reasonably suspected to be infected; (v) specify the bases for isolation, including why isolation is the necessary means to contain transmission of the disease, and any conditions of the isolation; (vi) provide timely opportunities, if not readily available under the circumstances, for the person or person who are subject to the order to notify employers, next of kin or legally authorized representatives and the attorneys of their choice of the situation; (vii) specify the penalty or penalties that may be imposed for noncompliance with order of isolation pursuant to § 32.1-27; and (viii) include a copy of § 32.1-48.013 to inform any person or persons subject to an order of isolation of the right to seek judicial review or the order.B\n\nNo affected area shall be the subject of an order of isolation prepared by the State Health Commissioner unless the Governor, pursuant to the authority vested in him pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, has declared a state of emergency for such affected area of the Commonwealth.C\n\nThe order of isolation shall be delivered to any person or persons affected by the isolation, in so far as practicable. However, if, in the opinion of the State Health Commissioner, the number of isolated persons is too great to make delivery of copies of the order of isolation to each person possible in a timely manner, or if the order of isolation designates an affected area instead of a specific person or persons, the State Health Commissioner shall cause the order of isolation to be communicated to the persons residing or located in the affected area.D\n\nThe State Health Commissioner shall, as soon as practicable following the issuance of an order of isolation, file a petition seeking an ex parte court order to review and confirm the isolation.E\n\nThe petition shall be filed in the circuit court for the city or county in which the person or persons resides or is located or, in the case of an affected area, in the circuit court of the affected jurisdiction or jurisdictions.\n\t\t\tUpon receiving multiple orders of isolation, the court may, on the motion of any party or on the court’s own motion, consolidate the cases into a single proceeding for all orders when (i) there are common questions of law or fact relating to the individual claims or rights to be determined, (ii) the claims of the cases are substantially similar, and (iii) all parties to the orders will be adequately represented in the consolidation.F\n\nThe petition shall include (i) a copy of the order of isolation or all information contained in the State Health Commissioner’s order of isolation in some other format and (ii) a summary of the findings on which the Commissioner relied in determining that an order of isolation was required to contain the transmission of the communicable disease of public health threat.G\n\nPrior to the expiration of the original order of isolation, the Commissioner may extend the duration of the original order upon finding that such an extension is necessary. The Commissioner, or his legal representative, shall, as soon as practicable following the extension of an order of isolation, file a petition seeking court review and confirmation of the order to extend the duration of the isolation.H\n\nIn reviewing any petition for review and confirmation or extension of the order of isolation, the court shall give due deference to the specialized expertise of the State Health Commissioner. The court shall grant the petition to confirm or extend the isolation upon finding probable cause that isolation was the necessary means and remains the least restrictive environment to address the public health threat effectively, given the reasonably available information on effective control measures and the nature of the communicable disease of public health threat.I\n\nThe State Health Commissioner may, if he reasonably believes that public disclosure of the information contained in the order of isolation or the petition for review and confirmation or extension of the order of isolation will exacerbate the public health threat or compromise any current or future criminal investigation or compromise national security, file some or all of any petition to extend an order of isolation under seal. After reviewing any information filed under seal by the State Health Commissioner, the court shall reseal the relevant materials to the extent necessary to protect public health and safety.J\n\nThe State Health Commissioner shall ensure that the protected health information of any person or persons subject to the order of isolation shall only be disclosed in compliance with the regulations relating to privacy of health records promulgated by the federal Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996.K\n\nAny law-enforcement officer, state or local health department employee, or any other person designated by a law-enforcement officer or state or local health department employee is empowered and authorized to deliver an order of isolation.","order_by":null,"text":{"0":{"id":247841,"text":"The State Health Commissioner shall, prior to placing any person or persons in isolation, prepare a written order of isolation that shall: (i) identify the person or persons subject to such order of isolation; (ii) identify the site of isolation, which may, in the Commissioner’s discretion, include the residence of any isolated individual; (iii) specify the date and time that isolation is to commence; (iv) identify the communicable disease of public health threat or the suspected communicable disease of public health threat with which the person or persons are known to be infected or reasonably suspected to be infected; (v) specify the bases for isolation, including why isolation is the necessary means to contain transmission of the disease, and any conditions of the isolation; (vi) provide timely opportunities, if not readily available under the circumstances, for the person or person who are subject to the order to notify employers, next of kin or legally authorized representatives and the attorneys of their choice of the situation; (vii) specify the penalty or penalties that may be imposed for noncompliance with order of isolation pursuant to § 32.1-27; and (viii) include a copy of § 32.1-48.013 to inform any person or persons subject to an order of isolation of the right to seek judicial review or the order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":247842,"text":"No affected area shall be the subject of an order of isolation prepared by the State Health Commissioner unless the Governor, pursuant to the authority vested in him pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, has declared a state of emergency for such affected area of the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":247843,"text":"The order of isolation shall be delivered to any person or persons affected by the isolation, in so far as practicable. However, if, in the opinion of the State Health Commissioner, the number of isolated persons is too great to make delivery of copies of the order of isolation to each person possible in a timely manner, or if the order of isolation designates an affected area instead of a specific person or persons, the State Health Commissioner shall cause the order of isolation to be communicated to the persons residing or located in the affected area.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":247844,"text":"The State Health Commissioner shall, as soon as practicable following the issuance of an order of isolation, file a petition seeking an ex parte court order to review and confirm the isolation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":247845,"text":"The petition shall be filed in the circuit court for the city or county in which the person or persons resides or is located or, in the case of an affected area, in the circuit court of the affected jurisdiction or jurisdictions.\n\t\t\tUpon receiving multiple orders of isolation, the court may, on the motion of any party or on the court’s own motion, consolidate the cases into a single proceeding for all orders when (i) there are common questions of law or fact relating to the individual claims or rights to be determined, (ii) the claims of the cases are substantially similar, and (iii) all parties to the orders will be adequately represented in the consolidation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":247846,"text":"The petition shall include (i) a copy of the order of isolation or all information contained in the State Health Commissioner’s order of isolation in some other format and (ii) a summary of the findings on which the Commissioner relied in determining that an order of isolation was required to contain the transmission of the communicable disease of public health threat.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":247847,"text":"Prior to the expiration of the original order of isolation, the Commissioner may extend the duration of the original order upon finding that such an extension is necessary. The Commissioner, or his legal representative, shall, as soon as practicable following the extension of an order of isolation, file a petition seeking court review and confirmation of the order to extend the duration of the isolation.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":247848,"text":"In reviewing any petition for review and confirmation or extension of the order of isolation, the court shall give due deference to the specialized expertise of the State Health Commissioner. The court shall grant the petition to confirm or extend the isolation upon finding probable cause that isolation was the necessary means and remains the least restrictive environment to address the public health threat effectively, given the reasonably available information on effective control measures and the nature of the communicable disease of public health threat.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":247849,"text":"The State Health Commissioner may, if he reasonably believes that public disclosure of the information contained in the order of isolation or the petition for review and confirmation or extension of the order of isolation will exacerbate the public health threat or compromise any current or future criminal investigation or compromise national security, file some or all of any petition to extend an order of isolation under seal. After reviewing any information filed under seal by the State Health Commissioner, the court shall reseal the relevant materials to the extent necessary to protect public health and safety.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":247850,"text":"The State Health Commissioner shall ensure that the protected health information of any person or persons subject to the order of isolation shall only be disclosed in compliance with the regulations relating to privacy of health records promulgated by the federal Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":247851,"text":"Any law-enforcement officer, state or local health department employee, or any other person designated by a law-enforcement officer or state or local health department employee is empowered and authorized to deliver an order of isolation.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":14328,"edition_id":1,"name":"Quarantine and Isolation of Persons With Communicable Diseases of Public Health Threat","identifier":"3.02","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 03:47:46","date_modified":"2026-06-26 03:47:46","permalink":{"id":202047,"object_type":"structure","relational_id":14328,"identifier":"3.02","token":"32.1\/2\/3.02","url":"\/32.1\/2\/3.02\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62413,"structure_id":14328,"section_number":"32.1-48.010","catch_line":"Appeal of any order of quarantine","url":"\/32.1-48.010\/","token":"32.1\/2\/3.02\/32.1-48.010","metadata":false},{"id":56897,"structure_id":14328,"section_number":"32.1-48.011","catch_line":"Isolation may be ordered under certain exceptional circumstances; Commissioner authorized to require hospitalization or other health care","url":"\/32.1-48.011\/","token":"32.1\/2\/3.02\/32.1-48.011","metadata":false},{"id":68450,"structure_id":14328,"section_number":"32.1-48.012","catch_line":"Isolation order","url":"\/32.1-48.012\/","token":"32.1\/2\/3.02\/32.1-48.012","metadata":false},{"id":80635,"structure_id":14328,"section_number":"32.1-48.013","catch_line":"Appeal of any order of isolation","url":"\/32.1-48.013\/","token":"32.1\/2\/3.02\/32.1-48.013","metadata":false},{"id":80302,"structure_id":14328,"section_number":"32.1-48.013:1","catch_line":"Electronic filings as protection from communicable disease","url":"\/32.1-48.013_1\/","token":"32.1\/2\/3.02\/32.1-48.013_1","metadata":false},{"id":63430,"structure_id":14328,"section_number":"32.1-48.014","catch_line":"Enforcement of orders of quarantine or isolation; penalties","url":"\/32.1-48.014\/","token":"32.1\/2\/3.02\/32.1-48.014","metadata":false},{"id":79587,"structure_id":14328,"section_number":"32.1-48.015","catch_line":"Authorization to disclose health records","url":"\/32.1-48.015\/","token":"32.1\/2\/3.02\/32.1-48.015","metadata":false},{"id":55627,"structure_id":14328,"section_number":"32.1-48.016","catch_line":"Immunity from liability","url":"\/32.1-48.016\/","token":"32.1\/2\/3.02\/32.1-48.016","metadata":false},{"id":66225,"structure_id":14328,"section_number":"32.1-48.017","catch_line":"Use of public or private property or facilities","url":"\/32.1-48.017\/","token":"32.1\/2\/3.02\/32.1-48.017","metadata":false},{"id":72908,"structure_id":14328,"section_number":"32.1-48.05","catch_line":"Application of article; determination of exceptional circumstances; regulations; duties of the State Health Commissioner not be delegated","url":"\/32.1-48.05\/","token":"32.1\/2\/3.02\/32.1-48.05","metadata":false},{"id":70676,"structure_id":14328,"section_number":"32.1-48.06","catch_line":"Definitions","url":"\/32.1-48.06\/","token":"32.1\/2\/3.02\/32.1-48.06","metadata":false},{"id":79292,"structure_id":14328,"section_number":"32.1-48.07","catch_line":"Conditions for invoking the provisions of this article","url":"\/32.1-48.07\/","token":"32.1\/2\/3.02\/32.1-48.07","metadata":false},{"id":76345,"structure_id":14328,"section_number":"32.1-48.08","catch_line":"Declaration of quarantine","url":"\/32.1-48.08\/","token":"32.1\/2\/3.02\/32.1-48.08","metadata":false},{"id":73650,"structure_id":14328,"section_number":"32.1-48.09","catch_line":"Order of quarantine","url":"\/32.1-48.09\/","token":"32.1\/2\/3.02\/32.1-48.09","metadata":false}],"previous_section":{"id":56897,"structure_id":14328,"section_number":"32.1-48.011","catch_line":"Isolation may be ordered under certain exceptional circumstances; Commissioner authorized to require hospitalization or other health care","url":"\/32.1-48.011\/","token":"32.1\/2\/3.02\/32.1-48.011","metadata":false},"next_section":{"id":80635,"structure_id":14328,"section_number":"32.1-48.013","catch_line":"Appeal of any order of isolation","url":"\/32.1-48.013\/","token":"32.1\/2\/3.02\/32.1-48.013","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-48.012\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 773<\/a> and 1021<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2007, chapters 699<\/a> and 783<\/a>.<\/p>","references":[{"id":74490,"section_number":"15.2-1704","catch_line":"Powers and duties of police force","order_by":null,"url":"\/15.2-1704\/"}],"refers_to":[{"id":59474,"section_number":"32.1-27","catch_line":"Penalties, injunctions, civil penalties and charges for violations","order_by":null,"url":"\/32.1-27\/"},{"id":80635,"section_number":"32.1-48.013","catch_line":"Appeal of any order of isolation","order_by":null,"url":"\/32.1-48.013\/"},{"id":83808,"section_number":"44-146.13","catch_line":"Short title","order_by":null,"url":"\/44-146.13\/"}],"permalink":{"id":202057,"object_type":"law","relational_id":68450,"identifier":"32.1-48.012","token":"32.1\/2\/3.02\/32.1-48.012","url":"\/32.1-48.012\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-48.012\/","token":"32.1\/2\/3.02\/32.1-48.012","dublin_core":{"Title":"Isolation order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-48.012","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The State Health Commissioner<\/span> shall, prior to placing any person or persons<\/span> in isolation<\/span>, prepare a written order<\/span> of isolation<\/span> that shall: (i) identify the person or persons<\/span> subject to such order<\/span> of isolation<\/span>; (ii) identify the site of isolation<\/span>, which may, in the Commissioner<\/span>’s discretion, include the residence of any isolated individual<\/span>; (iii) specify the date and time that isolation<\/span> is to commence; (iv) identify the communicable disease of public health threat<\/span> or the suspected communicable disease of public health threat<\/span> with which the person or persons<\/span> are known to be infected or reasonably suspected to be infected; (v) specify the bases for isolation<\/span>, including why isolation<\/span> is the necessary means to contain transmission of the disease, and any conditions of the isolation<\/span>; (vi) provide timely opportunities, if not readily available under the circumstances, for the person or person who are subject to the order<\/span> to notify employers, next of kin or legally authorized representatives and the attorneys of their choice of the situation; (vii) specify the penalty<\/span> or penalties that may be imposed for noncompliance with order<\/span> of isolation<\/span> pursuant to § 32.1-27<\/a>; and (viii) include a copy of § 32.1-48.013<\/a> to inform any person or persons<\/span> subject to an order<\/span> of isolation<\/span> of the right to seek judicial review or the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No affected area<\/span> shall be the subject of an order<\/span> of isolation<\/span> prepared by the State Health Commissioner<\/span> unless the Governor, pursuant to the authority vested in him pursuant to Chapter 3.2 (§ 44-146.13<\/a> et seq.) of Title 44, has declared a state of emergency for such affected area<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The order<\/span> of isolation<\/span> shall be delivered to any person or persons<\/span> affected by the isolation<\/span>, in so far as practicable. However, if, in the opinion<\/span> of the State Health Commissioner<\/span>, the number of isolated persons is too great to make delivery of copies of the order<\/span> of isolation<\/span> to each person possible in a timely manner, or if the order<\/span> of isolation<\/span> designates an affected area<\/span> instead of a specific person or persons<\/span>, the State Health Commissioner<\/span> shall cause the order<\/span> of isolation<\/span> to be communicated to the persons residing or located in the affected area<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The State Health Commissioner<\/span> shall, as soon as practicable following the issuance of an order of isolation<\/span>, file a petition<\/span> seeking an ex parte<\/span> court order<\/span> to review and confirm the isolation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The petition<\/span> shall be filed in the circuit<\/span> court for the city or county in which the person or persons<\/span> resides or is located or, in the case of an affected area<\/span>, in the circuit<\/span> court of the affected jurisdiction<\/span> or jurisdictions<\/span>.\n\t\t\tUpon receiving multiple orders<\/span> of isolation<\/span>, the court may, on the motion<\/span> of any party<\/span> or on the court’s own motion<\/span>, consolidate the cases into a single proceeding for all orders<\/span> when (i) there are common questions of law<\/span> or fact<\/span> relating to the individual<\/span> claims or rights to be determined, (ii) the claims of the cases are substantially similar, and (iii) all parties to the orders<\/span> will be adequately represented in the consolidation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The petition<\/span> shall include (i) a copy of the order of isolation<\/span> or all information contained in the State Health Commissioner<\/span>’s order of isolation<\/span> in some other format and (ii) a summary of the findings<\/span> on which the Commissioner<\/span> relied in determining that an order of isolation<\/span> was required to contain the transmission of the communicable disease of public health threat<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Prior to the expiration of the original order of isolation<\/span>, the Commissioner<\/span> may extend the duration of the original order upon finding<\/span> that such an extension is necessary. The Commissioner<\/span>, or his legal representative, shall, as soon as practicable following the extension of an order of isolation<\/span>, file a petition<\/span> seeking court review and confirmation of the order to extend the duration of the isolation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In reviewing any petition<\/span> for review and confirmation or extension of the order of isolation<\/span>, the court shall give due deference to the specialized expertise of the State Health Commissioner<\/span>. The court shall grant the petition<\/span> to confirm or extend the isolation<\/span> upon finding<\/span> probable cause<\/span> that isolation<\/span> was the necessary means and remains the least restrictive environment to address the public health threat effectively, given the reasonably available information on effective control measures and the nature of the communicable disease of public health threat<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The State Health Commissioner<\/span> may, if he reasonably believes that public disclosure of the information contained in the order of isolation<\/span> or the petition<\/span> for review and confirmation or extension of the order of isolation<\/span> will exacerbate the public health threat or compromise any current or future criminal investigation or compromise national security, file some or all of any petition<\/span> to extend an order of isolation<\/span> under seal. After reviewing any information filed under seal by the State Health Commissioner<\/span>, the court shall reseal the relevant materials<\/span> to the extent necessary to protect public health and safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The State Health Commissioner<\/span> shall ensure that the protected health information of any person or persons<\/span> subject to the order of isolation<\/span> shall only be disclosed in compliance with the regulations relating to privacy of health records promulgated by the federal Department<\/span> of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Any law<\/span>-enforcement officer, state or local health department<\/span> employee, or any other person designated by a law<\/span>-enforcement officer or state or local health department<\/span> employee is empowered and authorized to deliver an order of isolation<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISOLATION ORDER (\u00a7 32.1-48.012)\n\nA. The State Health Commissioner shall, prior to placing any person or persons\nin isolation, prepare a written order of isolation that shall: (i) identify the\nperson or persons subject to such order of isolation; (ii) identify the site of\nisolation, which may, in the Commissioner’s discretion, include the\nresidence of any isolated individual; (iii) specify the date and time that\nisolation is to commence; (iv) identify the communicable disease of public\nhealth threat or the suspected communicable disease of public health threat with\nwhich the person or persons are known to be infected or reasonably suspected to\nbe infected; (v) specify the bases for isolation, including why isolation is the\nnecessary means to contain transmission of the disease, and any conditions of\nthe isolation; (vi) provide timely opportunities, if not readily available under\nthe circumstances, for the person or person who are subject to the order to\nnotify employers, next of kin or legally authorized representatives and the\nattorneys of their choice of the situation; (vii) specify the penalty or\npenalties that may be imposed for noncompliance with order of isolation pursuant\nto § 32.1-27; and (viii) include a copy of § 32.1-48.013 to inform any\nperson or persons subject to an order of isolation of the right to seek judicial\nreview or the order.\n\nB. No affected area shall be the subject of an order of isolation prepared by\nthe State Health Commissioner unless the Governor, pursuant to the authority\nvested in him pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44,\nhas declared a state of emergency for such affected area of the Commonwealth.\n\nC. The order of isolation shall be delivered to any person or persons affected\nby the isolation, in so far as practicable. However, if, in the opinion of the\nState Health Commissioner, the number of isolated persons is too great to make\ndelivery of copies of the order of isolation to each person possible in a timely\nmanner, or if the order of isolation designates an affected area instead of a\nspecific person or persons, the State Health Commissioner shall cause the order\nof isolation to be communicated to the persons residing or located in the\naffected area.\n\nD. The State Health Commissioner shall, as soon as practicable following the\nissuance of an order of isolation, file a petition seeking an ex parte court\norder to review and confirm the isolation.\n\nE. The petition shall be filed in the circuit court for the city or county in\nwhich the person or persons resides or is located or, in the case of an affected\narea, in the circuit court of the affected jurisdiction or jurisdictions.\n\t\t\tUpon receiving multiple orders of isolation, the court may, on the motion of\nany party or on the court’s own motion, consolidate the cases into a\nsingle proceeding for all orders when (i) there are common questions of law or\nfact relating to the individual claims or rights to be determined, (ii) the\nclaims of the cases are substantially similar, and (iii) all parties to the\norders will be adequately represented in the consolidation.\n\nF. The petition shall include (i) a copy of the order of isolation or all\ninformation contained in the State Health Commissioner’s order of\nisolation in some other format and (ii) a summary of the findings on which the\nCommissioner relied in determining that an order of isolation was required to\ncontain the transmission of the communicable disease of public health threat.\n\nG. Prior to the expiration of the original order of isolation, the Commissioner\nmay extend the duration of the original order upon finding that such an\nextension is necessary. The Commissioner, or his legal representative, shall, as\nsoon as practicable following the extension of an order of isolation, file a\npetition seeking court review and confirmation of the order to extend the\nduration of the isolation.\n\nH. In reviewing any petition for review and confirmation or extension of the\norder of isolation, the court shall give due deference to the specialized\nexpertise of the State Health Commissioner. The court shall grant the petition\nto confirm or extend the isolation upon finding probable cause that isolation\nwas the necessary means and remains the least restrictive environment to address\nthe public health threat effectively, given the reasonably available information\non effective control measures and the nature of the communicable disease of\npublic health threat.\n\nI. The State Health Commissioner may, if he reasonably believes that public\ndisclosure of the information contained in the order of isolation or the\npetition for review and confirmation or extension of the order of isolation will\nexacerbate the public health threat or compromise any current or future criminal\ninvestigation or compromise national security, file some or all of any petition\nto extend an order of isolation under seal. After reviewing any information\nfiled under seal by the State Health Commissioner, the court shall reseal the\nrelevant materials to the extent necessary to protect public health and safety.\n\nJ. The State Health Commissioner shall ensure that the protected health\ninformation of any person or persons subject to the order of isolation shall\nonly be disclosed in compliance with the regulations relating to privacy of\nhealth records promulgated by the federal Department of Health and Human\nServices pursuant to the Health Insurance Portability and Accountability Act of\n1996.\n\nK. Any law-enforcement officer, state or local health department employee, or\nany other person designated by a law-enforcement officer or state or local\nhealth department employee is empowered and authorized to deliver an order of\nisolation.\n\nHISTORY: 2004, cc. 773, 1021; 2007, cc. 699, 783.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}