36-788. Isolation and quarantine during a state
of emergency or state of war emergency
A. During a state of emergency or state of war emergency as declared pursuant to
section 36-787, the department or local health authority must initiate an investigation
if that agency has reasonable cause to believe that a highly contagious and fatal disease
exists within its jurisdiction. Subject to the provisions of this article, persons who
have contracted the disease or who have been exposed to the disease may be subject to
isolation and quarantine if the director determines that quarantine is the least
restrictive means by which the public can be protected from transmission of the disease,
due to the nature of the disease and available preventive measures, or refusal by an
individual to accept less restrictive measures to prevent disease transmission. Diseases
for which isolation and quarantine may be ordered do not include acquired immune
deficiency syndrome or other infection caused by the human immunodeficiency virus.
B. The department or local health authority may, during the state of emergency or
state of war emergency declared by the governor, do the following:
1. Establish and maintain places of isolation and quarantine, which may include the
residence of the person quarantined.
2. Require isolation or quarantine of any person by the least restrictive means
necessary to protect the public health. The department or local health authority shall
use all reasonable means to prevent the transmission of disease among the isolated or
quarantined persons.
C. The department, a county health department or a public health services district
shall ensure, to the extent possible, that the premises in which a person is isolated or
quarantined is maintained in a safe and hygienic manner and is designed to minimize the
likelihood of further transmission of disease or other harm to a person subject to
isolation or quarantine. Adequate food, clothing, medication and other necessities,
competent medical care and means of communicating with those in and outside these
settings shall be made available.
D. A person subject to isolation or quarantine shall comply with the department's
or local health authority's rules and orders, shall not go beyond the isolation or
quarantine premises and shall not come in contact with any person not subject to
isolation or quarantine other than a physician or other health care provider, department
or local health authority or person authorized to enter an isolation or quarantine
premises by the department or local health authority.
E. Other than a person authorized by the department or local health authority, a
person shall not enter an isolation or quarantine premises. If, by reason of an
unauthorized entry into an isolation or quarantine premises, the person poses a danger to
public health, the department, or local health authority may place the person in
isolation or quarantine pursuant to this section or section 36-789.
F. The department, or local health authority must terminate isolation or quarantine
of a person if it determines that the isolation or quarantine is no longer necessary to
protect the public health.
