{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-48.09.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-48.09.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-48.09.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-48.09.html"}],"law_id":73650,"edition_id":1,"section_id":73650,"structure_id":14328,"section_number":"32.1-48.09","catch_line":"Order of quarantine","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 under quarantine, issue an order of quarantine that shall: (i) identify the communicable disease of public health threat that is reasonably believed to be involved and the reasons why exceptional circumstances apply and the quarantine is the necessary means to contain the risks of transmission of the disease; (ii) contain sufficient information to provide reasonable notice to persons who are affected by the order of quarantine that they are subject to the order; (iii) specify the means by which the quarantine is to be implemented; (iv) establish clearly the geographic parameters of the quarantine, if involving an affected area; (v) specify the duration of the quarantine; (vi) provide sufficient directions for compliance with the quarantine to enable persons subject to the order to comply; (vii) provide timely opportunities, if not readily available under the circumstances, for the person or persons 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; (viii) specify the penalty or penalties that may be imposed for noncompliance with the order of quarantine pursuant to § 32.1-27; and (ix) include a copy of § 32.1-48.010 to inform any person or persons subject to an order of quarantine of the right to seek judicial review of the order.B\n\nNo affected area shall be the subject to an order of quarantine issued 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 quarantine shall be delivered to any person or persons affected by the quarantine, in so far as practicable. However, if, in the opinion of the State Health Commissioner, the number of quarantined persons is too great to make delivery of copies of the order of quarantine to each person possible in a timely manner, or if the order of quarantine designates an affected area instead of a specific person or persons, the State Health Commissioner shall cause the order of quarantine to be communicated to the persons residing or located in the affected area.D\n\nThe State Health Commissioner or his legal representative shall, as soon as practicable following the issuance of an order of quarantine, file a petition seeking an ex parte court review and confirmation of the quarantine.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\tThe petition shall include (i) a copy of the order of quarantine or all information contained in the State Health Commissioner’s order of quarantine in some other format and (ii) a summary of the findings on which the Commissioner relied in deciding to issue the order of quarantine.\n\t\t\tUpon receiving multiple orders of quarantine, 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 consolidated cases are substantially similar, and (iii) all parties to the orders will be adequately represented in the consolidation.F\n\nPrior to the expiration of the original order of quarantine, 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 quarantine, file a petition seeking court review and confirmation of the order to extend the duration of the quarantine.G\n\nIn reviewing the petition for review and confirmation of the order of quarantine or an extension of the order of quarantine, 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 quarantine upon finding probable cause that quarantine was the necessary means to contain the disease of public health threat and is being implemented in 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.H\n\nThe State Health Commissioner may, if he reasonably believes that public disclosure of the information contained in the order of quarantine or the petition for court review and confirmation or extension of the order of quarantine 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 relating to an order of quarantine 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.I\n\nThe State Health Commissioner shall ensure that the protected health information of any person or persons subject to the order of quarantine shall only be disclosed in compliance with § 32.1-127.1:03 of this title and 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 (42 U.S.C. § 1320d et seq.).J\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 quarantine.","order_by":null,"text":{"0":{"id":264886,"text":"The State Health Commissioner shall, prior to placing any person or persons under quarantine, issue an order of quarantine that shall: (i) identify the communicable disease of public health threat that is reasonably believed to be involved and the reasons why exceptional circumstances apply and the quarantine is the necessary means to contain the risks of transmission of the disease; (ii) contain sufficient information to provide reasonable notice to persons who are affected by the order of quarantine that they are subject to the order; (iii) specify the means by which the quarantine is to be implemented; (iv) establish clearly the geographic parameters of the quarantine, if involving an affected area; (v) specify the duration of the quarantine; (vi) provide sufficient directions for compliance with the quarantine to enable persons subject to the order to comply; (vii) provide timely opportunities, if not readily available under the circumstances, for the person or persons 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; (viii) specify the penalty or penalties that may be imposed for noncompliance with the order of quarantine pursuant to § 32.1-27; and (ix) include a copy of § 32.1-48.010 to inform any person or persons subject to an order of quarantine of the right to seek judicial review of the order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264887,"text":"No affected area shall be the subject to an order of quarantine issued 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":264888,"text":"The order of quarantine shall be delivered to any person or persons affected by the quarantine, in so far as practicable. However, if, in the opinion of the State Health Commissioner, the number of quarantined persons is too great to make delivery of copies of the order of quarantine to each person possible in a timely manner, or if the order of quarantine designates an affected area instead of a specific person or persons, the State Health Commissioner shall cause the order of quarantine 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":264889,"text":"The State Health Commissioner or his legal representative shall, as soon as practicable following the issuance of an order of quarantine, file a petition seeking an ex parte court review and confirmation of the quarantine.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":264890,"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\tThe petition shall include (i) a copy of the order of quarantine or all information contained in the State Health Commissioner’s order of quarantine in some other format and (ii) a summary of the findings on which the Commissioner relied in deciding to issue the order of quarantine.\n\t\t\tUpon receiving multiple orders of quarantine, 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 consolidated 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":264891,"text":"Prior to the expiration of the original order of quarantine, 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 quarantine, file a petition seeking court review and confirmation of the order to extend the duration of the quarantine.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":264892,"text":"In reviewing the petition for review and confirmation of the order of quarantine or an extension of the order of quarantine, 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 quarantine upon finding probable cause that quarantine was the necessary means to contain the disease of public health threat and is being implemented in 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":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":264893,"text":"The State Health Commissioner may, if he reasonably believes that public disclosure of the information contained in the order of quarantine or the petition for court review and confirmation or extension of the order of quarantine 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 relating to an order of quarantine 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":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":264894,"text":"The State Health Commissioner shall ensure that the protected health information of any person or persons subject to the order of quarantine shall only be disclosed in compliance with § 32.1-127.1:03 of this title and 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 (42 U.S.C. § 1320d et seq.).","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":264895,"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 quarantine.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-48.09\/","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":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"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":62413,"section_number":"32.1-48.010","catch_line":"Appeal of any order of quarantine","order_by":null,"url":"\/32.1-48.010\/"},{"id":83808,"section_number":"44-146.13","catch_line":"Short title","order_by":null,"url":"\/44-146.13\/"}],"permalink":{"id":202101,"object_type":"law","relational_id":73650,"identifier":"32.1-48.09","token":"32.1\/2\/3.02\/32.1-48.09","url":"\/32.1-48.09\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-48.09\/","token":"32.1\/2\/3.02\/32.1-48.09","dublin_core":{"Title":"Order of quarantine","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-48.09","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> under quarantine<\/span>, issue<\/span> an order<\/span> of quarantine<\/span> that shall: (i) identify the communicable disease of public health threat<\/span> that is reasonably believed to be involved and the reasons why exceptional circumstances apply and the quarantine<\/span> is the necessary means to contain the risks of transmission of the disease; (ii) contain sufficient information to provide reasonable notice to persons who are affected by the order<\/span> of quarantine<\/span> that they are subject to the order<\/span>; (iii) specify the means by which the quarantine<\/span> is to be implemented; (iv) establish clearly the geographic parameters of the quarantine<\/span>, if involving an affected area<\/span>; (v) specify the duration of the quarantine<\/span>; (vi) provide sufficient directions for compliance with the quarantine<\/span> to enable persons subject to the order<\/span> to comply; (vii) provide timely opportunities, if not readily available under the circumstances, for the person or persons<\/span> 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; (viii) specify the penalty<\/span> or penalties that may be imposed for noncompliance with the order<\/span> of quarantine<\/span> pursuant to § 32.1-27<\/a>; and (ix) include a copy of § 32.1-48.010<\/a> to inform any person or persons<\/span> subject to an order<\/span> of quarantine<\/span> of the right to seek judicial review of the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No affected area<\/span> shall be the subject to an order<\/span> of quarantine<\/span> issued 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 quarantine<\/span> shall be delivered to any person or persons<\/span> affected by the quarantine<\/span>, in so far as practicable. However, if, in the opinion<\/span> of the State Health Commissioner<\/span>, the number of quarantined persons is too great to make delivery of copies of the order<\/span> of quarantine<\/span> to each person possible in a timely manner, or if the order<\/span> of quarantine<\/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 quarantine<\/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> or his legal representative shall, as soon as practicable following the issuance of an order<\/span> of quarantine<\/span>, file a petition<\/span> seeking an ex parte<\/span> court<\/span> review and confirmation of the quarantine<\/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<\/span> 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<\/span> of the affected jurisdiction<\/span> or jurisdictions<\/span>.\n\t\t\tThe petition<\/span> shall include (i) a copy of the order<\/span> of quarantine<\/span> or all information contained in the State Health Commissioner<\/span>’s order<\/span> of quarantine<\/span> in some other format and (ii) a summary of the findings<\/span> on which the Commissioner<\/span> relied in deciding to issue<\/span> the order<\/span> of quarantine<\/span>.\n\t\t\tUpon receiving multiple orders<\/span> of quarantine<\/span>, the court<\/span> may, on the motion<\/span> of any party<\/span> or on the court<\/span>’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 consolidated cases<\/span> 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> Prior to the expiration of the original order<\/span> of quarantine<\/span>, the Commissioner<\/span> may extend the duration of the original order<\/span> 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<\/span> of quarantine<\/span>, file a petition<\/span> seeking court<\/span> review and confirmation of the order<\/span> to extend the duration of the quarantine<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In reviewing the petition<\/span> for review and confirmation of the order<\/span> of quarantine<\/span> or an extension of the order<\/span> of quarantine<\/span>, the court<\/span> shall give due deference to the specialized expertise of the State Health Commissioner<\/span>. The court<\/span> shall grant the petition<\/span> to confirm or extend the quarantine<\/span> upon finding<\/span> probable cause<\/span> that quarantine<\/span> was the necessary means to contain the disease of public health threat and is being implemented in 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

H.<\/span> The State Health Commissioner<\/span> may, if he reasonably believes that public disclosure of the information contained in the order<\/span> of quarantine<\/span> or the petition<\/span> for court<\/span> review and confirmation or extension of the order<\/span> of quarantine<\/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> relating to an order<\/span> of quarantine<\/span> under seal. After reviewing any information filed under seal by the State Health Commissioner<\/span>, the court<\/span> 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

I.<\/span> The State Health Commissioner<\/span> shall ensure that the protected health information of any person or persons<\/span> subject to the order<\/span> of quarantine<\/span> shall only be disclosed in compliance with § 32.1-127.1:03<\/a> of this title and 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 (42 U.S.C. § 1320d et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/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<\/span> of quarantine<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nORDER OF QUARANTINE (\u00a7 32.1-48.09)\n\nA. The State Health Commissioner shall, prior to placing any person or persons\nunder quarantine, issue an order of quarantine that shall: (i) identify the\ncommunicable disease of public health threat that is reasonably believed to be\ninvolved and the reasons why exceptional circumstances apply and the quarantine\nis the necessary means to contain the risks of transmission of the disease; (ii)\ncontain sufficient information to provide reasonable notice to persons who are\naffected by the order of quarantine that they are subject to the order; (iii)\nspecify the means by which the quarantine is to be implemented; (iv) establish\nclearly the geographic parameters of the quarantine, if involving an affected\narea; (v) specify the duration of the quarantine; (vi) provide sufficient\ndirections for compliance with the quarantine to enable persons subject to the\norder to comply; (vii) provide timely opportunities, if not readily available\nunder the circumstances, for the person or persons who are subject to the order\nto notify employers, next of kin or legally authorized representatives and the\nattorneys of their choice of the situation; (viii) specify the penalty or\npenalties that may be imposed for noncompliance with the order of quarantine\npursuant to § 32.1-27; and (ix) include a copy of § 32.1-48.010 to\ninform any person or persons subject to an order of quarantine of the right to\nseek judicial review of the order.\n\nB. No affected area shall be the subject to an order of quarantine issued by the\nState Health Commissioner unless the Governor, pursuant to the authority vested\nin him pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, has\ndeclared a state of emergency for such affected area of the Commonwealth.\n\nC. The order of quarantine shall be delivered to any person or persons affected\nby the quarantine, in so far as practicable. However, if, in the opinion of the\nState Health Commissioner, the number of quarantined persons is too great to\nmake delivery of copies of the order of quarantine to each person possible in a\ntimely manner, or if the order of quarantine designates an affected area instead\nof a specific person or persons, the State Health Commissioner shall cause the\norder of quarantine to be communicated to the persons residing or located in the\naffected area.\n\nD. The State Health Commissioner or his legal representative shall, as soon as\npracticable following the issuance of an order of quarantine, file a petition\nseeking an ex parte court review and confirmation of the quarantine.\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\tThe petition shall include (i) a copy of the order of quarantine or all\ninformation contained in the State Health Commissioner’s order of\nquarantine in some other format and (ii) a summary of the findings on which the\nCommissioner relied in deciding to issue the order of quarantine.\n\t\t\tUpon receiving multiple orders of quarantine, 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 consolidated cases are substantially similar, and (iii) all\nparties to the orders will be adequately represented in the consolidation.\n\nF. Prior to the expiration of the original order of quarantine, 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 quarantine, file a\npetition seeking court review and confirmation of the order to extend the\nduration of the quarantine.\n\nG. In reviewing the petition for review and confirmation of the order of\nquarantine or an extension of the order of quarantine, the court shall give due\ndeference to the specialized expertise of the State Health Commissioner. The\ncourt shall grant the petition to confirm or extend the quarantine upon finding\nprobable cause that quarantine was the necessary means to contain the disease of\npublic health threat and is being implemented in the least restrictive\nenvironment to address the public health threat effectively, given the\nreasonably available information on effective control measures and the nature of\nthe communicable disease of public health threat.\n\nH. The State Health Commissioner may, if he reasonably believes that public\ndisclosure of the information contained in the order of quarantine or the\npetition for court review and confirmation or extension of the order of\nquarantine will exacerbate the public health threat or compromise any current or\nfuture criminal investigation or compromise national security, file some or all\nof any petition relating to an order of quarantine under seal. After reviewing\nany information filed under seal by the State Health Commissioner, the court\nshall reseal the relevant materials to the extent necessary to protect public\nhealth and safety.\n\nI. The State Health Commissioner shall ensure that the protected health\ninformation of any person or persons subject to the order of quarantine shall\nonly be disclosed in compliance with § 32.1-127.1:03 of this title and the\nregulations relating to privacy of health records promulgated by the federal\nDepartment of Health and Human Services pursuant to the Health Insurance\nPortability and Accountability Act of 1996 (42 U.S.C. § 1320d et seq.).\n\nJ. 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\nquarantine.\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}}