                                 CODE OF VIRGINIA

ISOLATION ORDER (§ 32.1-48.012)

A. 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&#8217;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 &#xA7; 32.1-27; and (viii) include a copy of &#xA7; 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. 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 (&#xA7; 44-146.13 et seq.) of Title 44,
has declared a state of emergency for such affected area of the Commonwealth.

C. 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.

D. 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.

E. 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.
			Upon receiving multiple orders of isolation, the court may, on the motion of
any party or on the court&#8217;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. The petition shall include (i) a copy of the order of isolation or all
information contained in the State Health Commissioner&#8217;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. 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.

H. 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.

I. 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.

J. 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.

K. 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.

HISTORY: 2004, cc. 773, 1021; 2007, cc. 699, 783.