Ken
09-05-2009, 11:39 AM
Massachusetts Senate Pass Bill 2028: Quarantine
Section 95.
(a) Whenever the commissioner, or a local public health authority within its jurisdiction, determines that there is reasonable cause to believe that a disease or condition dangerous to the public health exists or may exist or that there is an immediate risk of an outbreak of such a disease or condition, and that certain measures are necessary to decrease or eliminate the risk to public health, the commissioner or local public health authority may issue an order. The order may be a verbal order in exigent circumstances, and in such case it shall be followed by a written order as soon as reasonably possible. The written order shall specify the reasons for it, and may include, but is not limited to:
(1) requiring the owner or occupier of premises to permit entry into and investigation of the premises;
(2) requiring the owner or occupier of premises to close the premises or a specific part of the premises, and allowing reopening of the premises when the danger has ended;
(3) requiring the placarding of premises to give notice of an order requiring the closing of the premises;
(4) requiring the cleaning or disinfection, or both, of the premises or the thing specified in the order;
(5) requiring the destruction of the matter or thing specified in the order.
Section 96.
(a) In this section, “isolation” means separation, for the period of communicability, of infected individuals or animals from other individuals or animals in such places and under such conditions as will prevent the direct or indirect transmission of an infectious agent to susceptible people or to other individuals or animals who may spread the agent to others. In this section, “quarantine” means restricting the freedom of movement of well individuals or domestic animals that have been exposed to a communicable disease for a period of time relating to the usual incubation period of the disease, in order to prevent effective contact with those not so exposed. In this section, “disease or condition dangerous to the public health” does not include acquired immune deficiency syndrome (AIDS) or the human immunodeficiency virus (HIV).
(b) Whenever the commissioner, or a local public health authority within its jurisdiction, determines that an individual or group of individuals has or may have a disease or condition dangerous to the public health or is or may be infected with an agent of such a disease or condition, which disease or condition is transmissible between people and poses a serious danger to public health, the commissioner, or a local public health authority may order such individual or group to be isolated or quarantined. An order for isolation or quarantine may include any individual who is unwilling or unable to undergo vaccination, precautionary prophylaxis, medical treatment, decontamination, medical examinations, tests, or specimen collection and whose refusal of one or more of these measures poses a serious danger to public health or results in uncertainty whether he or she has been exposed to or is infected with a disease or condition that poses a serious danger to public health. The order may be a verbal order in exigent circumstances, and in such case it shall be followed by a written order as soon as reasonably possible. The written order shall be delivered personally, but if that is not possible, it shall be delivered in a manner that is reasonably calculated to notify the individual or group of it. In the case of a group, this may include delivery through the mass media and posting in a place where group members are reasonably likely to see it.
(c) Isolation and quarantine orders must utilize the least restrictive means necessary to prevent a serious danger to public health, and may include, but are not limited to, restricting a person from being present in certain places including but not limited to school or work; confinement to private homes; confinement to other private or public premises; or isolation or quarantine of an area.
(d) An officer authorized to serve criminal process may arrest without a warrant any person whom the officer has probable cause to believe has violated an order for isolation or quarantine and shall use reasonable diligence to enforce such order.
http://www.mass.gov/legis/bills/senate/186/st02/st02028.htm
http://www.abovetopsecret.com/forum/thread495400/pg1
http://www.masslpa.org/content/urgent-senate-bill-s2028-house-bill-108-action-thread
Section 95.
(a) Whenever the commissioner, or a local public health authority within its jurisdiction, determines that there is reasonable cause to believe that a disease or condition dangerous to the public health exists or may exist or that there is an immediate risk of an outbreak of such a disease or condition, and that certain measures are necessary to decrease or eliminate the risk to public health, the commissioner or local public health authority may issue an order. The order may be a verbal order in exigent circumstances, and in such case it shall be followed by a written order as soon as reasonably possible. The written order shall specify the reasons for it, and may include, but is not limited to:
(1) requiring the owner or occupier of premises to permit entry into and investigation of the premises;
(2) requiring the owner or occupier of premises to close the premises or a specific part of the premises, and allowing reopening of the premises when the danger has ended;
(3) requiring the placarding of premises to give notice of an order requiring the closing of the premises;
(4) requiring the cleaning or disinfection, or both, of the premises or the thing specified in the order;
(5) requiring the destruction of the matter or thing specified in the order.
Section 96.
(a) In this section, “isolation” means separation, for the period of communicability, of infected individuals or animals from other individuals or animals in such places and under such conditions as will prevent the direct or indirect transmission of an infectious agent to susceptible people or to other individuals or animals who may spread the agent to others. In this section, “quarantine” means restricting the freedom of movement of well individuals or domestic animals that have been exposed to a communicable disease for a period of time relating to the usual incubation period of the disease, in order to prevent effective contact with those not so exposed. In this section, “disease or condition dangerous to the public health” does not include acquired immune deficiency syndrome (AIDS) or the human immunodeficiency virus (HIV).
(b) Whenever the commissioner, or a local public health authority within its jurisdiction, determines that an individual or group of individuals has or may have a disease or condition dangerous to the public health or is or may be infected with an agent of such a disease or condition, which disease or condition is transmissible between people and poses a serious danger to public health, the commissioner, or a local public health authority may order such individual or group to be isolated or quarantined. An order for isolation or quarantine may include any individual who is unwilling or unable to undergo vaccination, precautionary prophylaxis, medical treatment, decontamination, medical examinations, tests, or specimen collection and whose refusal of one or more of these measures poses a serious danger to public health or results in uncertainty whether he or she has been exposed to or is infected with a disease or condition that poses a serious danger to public health. The order may be a verbal order in exigent circumstances, and in such case it shall be followed by a written order as soon as reasonably possible. The written order shall be delivered personally, but if that is not possible, it shall be delivered in a manner that is reasonably calculated to notify the individual or group of it. In the case of a group, this may include delivery through the mass media and posting in a place where group members are reasonably likely to see it.
(c) Isolation and quarantine orders must utilize the least restrictive means necessary to prevent a serious danger to public health, and may include, but are not limited to, restricting a person from being present in certain places including but not limited to school or work; confinement to private homes; confinement to other private or public premises; or isolation or quarantine of an area.
(d) An officer authorized to serve criminal process may arrest without a warrant any person whom the officer has probable cause to believe has violated an order for isolation or quarantine and shall use reasonable diligence to enforce such order.
http://www.mass.gov/legis/bills/senate/186/st02/st02028.htm
http://www.abovetopsecret.com/forum/thread495400/pg1
http://www.masslpa.org/content/urgent-senate-bill-s2028-house-bill-108-action-thread