                                 CODE OF VIRGINIA

APPLICATION OF ARTICLE; DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES; REGULATIONS;
DUTIES OF THE STATE HEALTH COMMISSIONER NOT BE DELEGATED (§ 32.1-48.05)

A. 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
(&#xA7; 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. 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 (&#xA7; 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. 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 &#xA7; 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 &#xA7; 32.1-22, shall be
authorized to invoke the provisions of this article.

HISTORY: 2004, cc. 773, 1021.