{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-48.05.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-48.05.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-48.05.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-48.05.html"}],"law_id":72908,"edition_id":1,"section_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","history":"2004, cc. 773, 1021.","full_text":"A\n\nUpon a determination by the State Health Commissioner that exceptional circumstances exist relating to one or more persons in the Commonwealth who are known to have been exposed to or infected with or reasonably suspected to have been exposed to or infected with a communicable disease of public health threat and that such exceptional circumstances render the procedures of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter to be insufficient control measures or that the individuals have failed or refused to comply voluntarily with the control measures directed by the State Health Commissioner in response to a communicable disease of public health threat, the State Health Commissioner may invoke the provisions of this article relating to quarantine and isolation.B\n\nThe Board of Health shall promulgate regulations for the implementation of this article that shall (i) address the circumstances that are subject to the application of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and the exceptional circumstances in which this article may be invoked by the State Health Commissioner; (ii) provide procedures to assure that any quarantine or isolation is implemented in the least restrictive environment; (iii) ensure that the essential needs of persons subject to an order of isolation issued pursuant to this article shall be met, including, but not limited to, food, water, and health care, e.g., medications, therapies, testing, and durable medical equipment; (iv) provide procedures for proper notice of orders of quarantine and orders of isolation; (v) provide procedures for the State Health Commissioner to issue an emergency detention order for persons for whom he has probable cause to believe that they may fail or refuse to comply with an order of quarantine or an order of isolation; and (vi) address any other issue or procedure covered herein that the Board deems to be properly the subject of regulation.C\n\nThe powers granted to the State Health Commissioner pursuant to this article shall not be delegated to or invoked by any local or district health department director. However, in the event the State Health Commissioner, duly appointed and confirmed pursuant to § 32.1-17, shall be unable to perform his duties pursuant to this article, any Deputy Commissioner, appointed by the State Health Commissioner and approved by the Board pursuant to § 32.1-22, shall be authorized to invoke the provisions of this article.","order_by":null,"text":{"0":{"id":262651,"text":"Upon a determination by the State Health Commissioner that exceptional circumstances exist relating to one or more persons in the Commonwealth who are known to have been exposed to or infected with or reasonably suspected to have been exposed to or infected with a communicable disease of public health threat and that such exceptional circumstances render the procedures of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter to be insufficient control measures or that the individuals have failed or refused to comply voluntarily with the control measures directed by the State Health Commissioner in response to a communicable disease of public health threat, the State Health Commissioner may invoke the provisions of this article relating to quarantine and isolation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262652,"text":"The Board of Health shall promulgate regulations for the implementation of this article that shall (i) address the circumstances that are subject to the application of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and the exceptional circumstances in which this article may be invoked by the State Health Commissioner; (ii) provide procedures to assure that any quarantine or isolation is implemented in the least restrictive environment; (iii) ensure that the essential needs of persons subject to an order of isolation issued pursuant to this article shall be met, including, but not limited to, food, water, and health care, e.g., medications, therapies, testing, and durable medical equipment; (iv) provide procedures for proper notice of orders of quarantine and orders of isolation; (v) provide procedures for the State Health Commissioner to issue an emergency detention order for persons for whom he has probable cause to believe that they may fail or refuse to comply with an order of quarantine or an order of isolation; and (vi) address any other issue or procedure covered herein that the Board deems to be properly the subject of regulation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262653,"text":"The powers granted to the State Health Commissioner pursuant to this article shall not be delegated to or invoked by any local or district health department director. However, in the event the State Health Commissioner, duly appointed and confirmed pursuant to § 32.1-17, shall be unable to perform his duties pursuant to this article, any Deputy Commissioner, appointed by the State Health Commissioner and approved by the Board pursuant to § 32.1-22, shall be authorized to invoke the provisions of this article.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-48.05\/","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.<\/p>","references":[{"id":82440,"section_number":"17.1-503","catch_line":"Rules of practice and procedure; rules not to preclude judges from hearing certain cases","order_by":null,"url":"\/17.1-503\/"},{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":81701,"section_number":"32.1-116.3","catch_line":"Reporting of communicable diseases; definitions","order_by":null,"url":"\/32.1-116.3\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":76165,"section_number":"32.1-42","catch_line":"Emergency rules and regulations","order_by":null,"url":"\/32.1-42\/"},{"id":65793,"section_number":"32.1-43","catch_line":"Authority of State Health Commissioner to require quarantine, etc","order_by":null,"url":"\/32.1-43\/"},{"id":62960,"section_number":"32.1-44","catch_line":"Isolated or quarantined persons","order_by":null,"url":"\/32.1-44\/"},{"id":73376,"section_number":"32.1-45","catch_line":"Expense of treatment","order_by":null,"url":"\/32.1-45\/"},{"id":69455,"section_number":"32.1-48","catch_line":"Powers of Commissioner in epidemic","order_by":null,"url":"\/32.1-48\/"},{"id":73733,"section_number":"32.1-48.01","catch_line":"Definitions","order_by":null,"url":"\/32.1-48.01\/"},{"id":56897,"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","order_by":null,"url":"\/32.1-48.011\/"},{"id":79587,"section_number":"32.1-48.015","catch_line":"Authorization to disclose health records","order_by":null,"url":"\/32.1-48.015\/"},{"id":65984,"section_number":"44-146.16","catch_line":"Definitions","order_by":null,"url":"\/44-146.16\/"},{"id":78828,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","order_by":null,"url":"\/44-146.17\/"},{"id":62120,"section_number":"44-146.17:1.1","catch_line":"Certain emergency orders; additional requirements","order_by":null,"url":"\/44-146.17_1.1\/"}],"refers_to":[{"id":62873,"section_number":"32.1-17","catch_line":"Appointment of Commissioner; qualifications; term","order_by":null,"url":"\/32.1-17\/"},{"id":72937,"section_number":"32.1-22","catch_line":"Personnel; Deputy Commissioner","order_by":null,"url":"\/32.1-22\/"},{"id":73733,"section_number":"32.1-48.01","catch_line":"Definitions","order_by":null,"url":"\/32.1-48.01\/"}],"permalink":{"id":202085,"object_type":"law","relational_id":72908,"identifier":"32.1-48.05","token":"32.1\/2\/3.02\/32.1-48.05","url":"\/32.1-48.05\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-48.05\/","token":"32.1\/2\/3.02\/32.1-48.05","dublin_core":{"Title":"Application of article; determination of exceptional circumstances; regulations; duties of the State Health Commissioner not be delegated","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-48.05","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon a determination by the State Health Commissioner<\/span> that exceptional circumstances exist relating to one or more persons<\/span> in the Commonwealth who are known to have been exposed to or infected with or reasonably suspected to have been exposed to or infected with a communicable disease of public health threat<\/span> and that such exceptional circumstances render the procedures of Article 3.01 (§ 32.1-48.01<\/a> et seq.) of this chapter to be insufficient control measures or that the individuals<\/span> have failed or refused to comply voluntarily with the control measures directed by the State Health Commissioner<\/span> in response to a communicable disease of public health threat<\/span>, the State Health Commissioner<\/span> may invoke the provisions of this article relating to quarantine<\/span> and isolation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> of Health shall promulgate regulations for the implementation of this article that shall (i) address the circumstances that are subject to the application of Article 3.01 (§ 32.1-48.01<\/a> et seq.) of this chapter and the exceptional circumstances in which this article may be invoked by the State Health Commissioner<\/span>; (ii) provide procedures to assure that any quarantine<\/span> or isolation<\/span> is implemented in the least restrictive environment; (iii) ensure that the essential needs of persons<\/span> subject to an order<\/span> of isolation<\/span> issued pursuant to this article shall be met, including, but not limited to, food, water, and health care, e.g., medications, therapies, testing, and durable medical equipment; (iv) provide procedures for proper notice of orders<\/span> of quarantine<\/span> and orders<\/span> of isolation<\/span>; (v) provide procedures for the State Health Commissioner<\/span> to issue<\/span> an emergency detention order<\/span> for persons<\/span> for whom he has probable cause<\/span> to believe that they may fail or refuse to comply with an order<\/span> of quarantine<\/span> or an order<\/span> of isolation<\/span>; and (vi) address any other issue<\/span> or procedure covered herein that the Board<\/span> deems to be properly the subject of regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The powers granted to the State Health Commissioner<\/span> pursuant to this article shall not be delegated to or invoked by any local or district health department<\/span> director. However, in the event the State Health Commissioner<\/span>, duly appointed and confirmed pursuant to § 32.1-17<\/a>, shall be unable to perform his duties pursuant to this article, any Deputy Commissioner<\/span>, appointed by the State Health Commissioner<\/span> and approved by the Board<\/span> pursuant to § 32.1-22<\/a>, shall be authorized to invoke the provisions of this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION OF ARTICLE; DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES; REGULATIONS;\nDUTIES OF THE STATE HEALTH COMMISSIONER NOT BE DELEGATED (\u00a7 32.1-48.05)\n\nA. Upon a determination by the State Health Commissioner that exceptional\ncircumstances exist relating to one or more persons in the Commonwealth who are\nknown to have been exposed to or infected with or reasonably suspected to have\nbeen exposed to or infected with a communicable disease of public health threat\nand that such exceptional circumstances render the procedures of Article 3.01\n(§ 32.1-48.01 et seq.) of this chapter to be insufficient control measures\nor that the individuals have failed or refused to comply voluntarily with the\ncontrol measures directed by the State Health Commissioner in response to a\ncommunicable disease of public health threat, the State Health Commissioner may\ninvoke the provisions of this article relating to quarantine and isolation.\n\nB. The Board of Health shall promulgate regulations for the implementation of\nthis article that shall (i) address the circumstances that are subject to the\napplication of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and the\nexceptional circumstances in which this article may be invoked by the State\nHealth Commissioner; (ii) provide procedures to assure that any quarantine or\nisolation is implemented in the least restrictive environment; (iii) ensure that\nthe essential needs of persons subject to an order of isolation issued pursuant\nto this article shall be met, including, but not limited to, food, water, and\nhealth care, e.g., medications, therapies, testing, and durable medical\nequipment; (iv) provide procedures for proper notice of orders of quarantine and\norders of isolation; (v) provide procedures for the State Health Commissioner to\nissue an emergency detention order for persons for whom he has probable cause to\nbelieve that they may fail or refuse to comply with an order of quarantine or an\norder of isolation; and (vi) address any other issue or procedure covered herein\nthat the Board deems to be properly the subject of regulation.\n\nC. The powers granted to the State Health Commissioner pursuant to this article\nshall not be delegated to or invoked by any local or district health department\ndirector. However, in the event the State Health Commissioner, duly appointed\nand confirmed pursuant to § 32.1-17, shall be unable to perform his duties\npursuant to this article, any Deputy Commissioner, appointed by the State Health\nCommissioner and approved by the Board pursuant to § 32.1-22, shall be\nauthorized to invoke the provisions of this article.\n\nHISTORY: 2004, cc. 773, 1021.","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}}