                                 CODE OF VIRGINIA

ORDER OF QUARANTINE (§ 32.1-48.09)

A. 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 &#xA7; 32.1-27; and (ix) include a copy of &#xA7; 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. 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 (&#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 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. 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.

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.
			The petition shall include (i) a copy of the order of quarantine or all
information contained in the State Health Commissioner&#8217;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.
			Upon receiving multiple orders of quarantine, 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 consolidated cases are substantially similar, and (iii) all
parties to the orders will be adequately represented in the consolidation.

F. 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.

G. 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.

H. 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.

I. 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 &#xA7; 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. &#xA7; 1320d et seq.).

J. 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.

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