§325-8  Infected persons and quarantine. (a)  As used in this section:

"Communicable disease" means anydisease declared to be "communicable" by the director of health.

"Dangerous disease" means a diseaseas defined in section 325-20.

"Quarantine" means the compulsoryphysical separation, including the restriction of movement or confinement ofindividuals or groups believed to have been exposed to or known to have beeninfected with a contagious disease, from individuals who are believed not tohave been exposed or infected, by order of the department or a court ofcompetent jurisdiction.

(b)  In implementing a quarantine, the dignityof the individual quarantined shall be respected at all times and to thegreatest extent possible, consistent with the objective of preventing orlimiting the transmission of the disease to others.  The needs of individualsquarantined shall be addressed in as systematic and competent a fashion as isreasonable under the circumstances.  To the greatest extent possible, thepremises in which individuals are quarantined shall be maintained in a safe andhygienic manner, designed to minimize the likelihood of further transmission ofinfection or other harm to individuals subject to quarantine.  Adequate food,clothing, medication, and other necessities, access to counsel, means ofcommunication with those in and outside these settings, and competent medicalcare shall be provided to the person quarantined.

To the greatest extent possible, cultural andreligious beliefs shall be considered in addressing the needs of quarantinedindividuals.  The department may establish and maintain places of quarantineand quarantine any individual by the least restrictive means necessary toprotect the public health.

The department shall take all reasonable meansto prevent the transmission of infection between or among quarantinedindividuals.  The quarantine of any individual shall be terminated when thedirector determines that the quarantine of that individual is no longernecessary to protect the public health.

(c)  An individual subject to quarantine shallobey the department's rules and orders, shall not go beyond the quarantinedpremises, and shall not put the individual's self in contact with anyindividual not subject to quarantine other than a physician, health careprovider, or individual authorized to enter a quarantined premises by thedepartment.  Violation of any of the provisions of this subsection is amisdemeanor.

(d)  No individual, other than an individualauthorized by the department, shall enter a quarantined premises.  Anyindividual entering a quarantined premises without permission of the departmentshall be guilty of a misdemeanor.  If, by reason of an unauthorized entry intoa quarantined premises, the individual poses a danger to public health, theindividual may be subject to the quarantine pursuant to this section.

(e)  Before quarantining an individual, thedepartment shall obtain a written, ex parte order from a court of this Stateauthorizing such action.  A petition for an ex parte order shall be filed withthe circuit court of the circuit in which the individual resides, is suspectedof residing, or is quarantined under subsection (f).  Proceedings on or relatedto a petition for an ex parte order shall be a civil action.  The court shallgrant an ex parte order upon finding that probable cause exists to believe aquarantine is warranted pursuant to this section.  A copy of the ex parte ordershall be given to the individual quarantined, along with notification that theindividual has a right to a hearing under this section.

(f)  Notwithstanding subsection (e), thedepartment may quarantine an individual without first obtaining a written, exparte order from the court if any delay in the quarantine of the individualwould pose an immediate threat to the public health.  Following such aquarantine, the department shall promptly obtain a written, ex parte order fromthe court authorizing the quarantine.

(g)  An individual quarantined pursuant tosubsection (e) or (f) shall have the right to a court hearing to contest the exparte order.  If the individual, the individual's guardian ad litem, or theindividual's counsel requests a hearing, the hearing shall be held withinfourteen days of filing of the request.  The request shall be in writing andshall be filed with the circuit court in the circuit in which the individual isquarantined.  A request for a hearing shall not alter or stay the quarantine ofthe individual.  The department shall be notified of the request for a hearingat least ten days before the hearing.  At the hearing, the department shallshow that the quarantine is warranted pursuant to this section.  If, afterhearing all relevant evidence, the court finds that the criteria for quarantineunder subsection (i) have been met by clear and convincing evidence, the courtshall authorize the continued quarantine of the individual.

(h)  On or after thirty days following theissuance of an ex parte order or a hearing as provided for in this section, anindividual quarantined pursuant to this section may request in writing a courthearing to contest the continued quarantine.  The hearing shall be held withinfourteen days of the filing of the request.  The request shall be in writingand shall be filed with the circuit court for the circuit in which theindividual is quarantined.  A request for a hearing shall not alter or stay theorder of quarantine.  The department shall be notified of the request for ahearing at least ten days before the hearing.  At the hearing, the departmentshall show that continuation of the quarantine is warranted pursuant to thissection.  If, after hearing all relevant evidence, the court finds that thecriteria for the quarantine under subsection (i) have been met by clear and convincingevidence, the court shall authorize the continued quarantine of the individual.

(i)  A court may order an individual to bequarantined if the court finds that:

(1)  The individual is reasonably believed to havebeen exposed to or known to have been infected with a communicable or dangerousdisease; and

(2)  A quarantine is the least restrictive means bywhich the public's health, safety, and welfare can be protected, due to thetransmittable nature of the communicable or dangerous disease and the lack ofpreventive measures, or due to the failure by the individual quarantined toaccept or practice less restrictive measures to prevent disease transmission.

(j)  An individual quarantined pursuant to thissection may request a hearing in the courts of this State regarding theindividual's treatment and the terms and conditions of the quarantine.  Uponreceiving a request, the court shall fix a date for a hearing.  The hearingshall take place within fourteen days of the filing of the request with thecourt.  The request for a hearing shall not alter or stay the order ofquarantine.  The department shall be notified of the request for a hearing atleast ten days before the hearing.  If, upon a hearing, the court finds thatthe quarantine of the individual is not in compliance with subsection (b), thecourt may fashion remedies reasonable under the circumstances and consistentwith this chapter.

(k)  Judicial decisions shall be based uponclear and convincing evidence, and a written record of the disposition of thecase shall be made and retained.  If the personal appearance before the courtof a quarantined individual is determined by the director to pose a threat toindividuals at the proceeding and the quarantined individual does not waive theright to attend the proceeding, the court shall appoint a guardian ad litem asprovided in article V of chapter 560, to represent the quarantined individualthroughout the proceeding or shall hold the hearing via any means that allowall parties to participate as fully and safely as is reasonable under thecircumstances.

(l)  Upon written request, the court shallappoint counsel at state expense to represent individuals or groups ofindividuals who are or who are about to be quarantined pursuant to this sectionand who are not otherwise represented by counsel.  Adequate means ofcommunication between those individuals or groups and their counsel andguardians ad litem shall be provided.

(m)  In any proceeding brought pursuant to thissection, in consideration of the protection of the public's health, theseverity of the emergency, and the availability of necessary witnesses andevidence, the court may order the consolidation of claims by individualsinvolved or to be affected by a quarantine where:

(1)  The number of individuals involved or to beaffected by a quarantine is so large as to render individual participationimpractical;

(2)  There are questions of law or fact common to theindividual claims or rights to be determined;

(3)  The group claims or rights to be determined aretypical of the affected individuals' claims or rights; and

(4)  The entire group will be adequately representedin the consolidation.

(n)  Each individual quarantined shall beresponsible for the costs of food, lodging, and medical care, except for thosecosts covered and paid by the individual's health plan. [PC 1869, c 59, §26; amL 1911, c 125, §4; RL 1925, §935; RL 1935, §1095; am L 1941, c 262, §1; RL1945, §2307; RL 1955, §49-8; am L Sp 1959 2d, c 1, §19; HRS §325-8; gen ch 1985;am L 2002, c 169, §5]

 

Revision Note

 

  "County council" substituted for "board ofsupervisors" and "city council" to conform to the countycharters.