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



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



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



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



(b)  In implementing a quarantine, the dignity
of the individual quarantined shall be respected at all times and to the
greatest extent possible, consistent with the objective of preventing or
limiting the transmission of the disease to others.  The needs of individuals
quarantined shall be addressed in as systematic and competent a fashion as is
reasonable under the circumstances.  To the greatest extent possible, the
premises in which individuals are quarantined shall be maintained in a safe and
hygienic manner, designed to minimize the likelihood of further transmission of
infection or other harm to individuals subject to quarantine.  Adequate food,
clothing, medication, and other necessities, access to counsel, means of
communication with those in and outside these settings, and competent medical
care shall be provided to the person quarantined.



To the greatest extent possible, cultural and
religious beliefs shall be considered in addressing the needs of quarantined
individuals.  The department may establish and maintain places of quarantine
and quarantine any individual by the least restrictive means necessary to
protect the public health.



The department shall take all reasonable means
to prevent the transmission of infection between or among quarantined
individuals.  The quarantine of any individual shall be terminated when the
director determines that the quarantine of that individual is no longer
necessary to protect the public health.



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



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



(e)  Before quarantining an individual, the
department shall obtain a written, ex parte order from a court of this State
authorizing such action.  A petition for an ex parte order shall be filed with
the circuit court of the circuit in which the individual resides, is suspected
of residing, or is quarantined under subsection (f).  Proceedings on or related
to a petition for an ex parte order shall be a civil action.  The court shall
grant an ex parte order upon finding that probable cause exists to believe a
quarantine is warranted pursuant to this section.  A copy of the ex parte order
shall be given to the individual quarantined, along with notification that the
individual has a right to a hearing under this section.



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



(g)  An individual quarantined pursuant to
subsection (e) or (f) shall have the right to a court hearing to contest the ex
parte order.  If the individual, the individual's guardian ad litem, or the
individual's counsel requests a hearing, the hearing shall be held within
fourteen days of filing of the request.  The request shall be in writing and
shall be filed with the circuit court in the circuit in which the individual is
quarantined.  A request for a hearing shall not alter or stay the quarantine of
the individual.  The department shall be notified of the request for a hearing
at least ten days before the hearing.  At the hearing, the department shall
show that the quarantine is warranted pursuant to this section.  If, after
hearing all relevant evidence, the court finds that the criteria for quarantine
under subsection (i) have been met by clear and convincing evidence, the court
shall authorize the continued quarantine of the individual.



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



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



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



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



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



(k)  Judicial decisions shall be based upon
clear and convincing evidence, and a written record of the disposition of the
case shall be made and retained.  If the personal appearance before the court
of a quarantined individual is determined by the director to pose a threat to
individuals at the proceeding and the quarantined individual does not waive the
right to attend the proceeding, the court shall appoint a guardian ad litem as
provided in article V of chapter 560, to represent the quarantined individual
throughout the proceeding or shall hold the hearing via any means that allow
all parties to participate as fully and safely as is reasonable under the
circumstances.



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



(m)  In any proceeding brought pursuant to this
section, in consideration of the protection of the public's health, the
severity of the emergency, and the availability of necessary witnesses and
evidence, the court may order the consolidation of claims by individuals
involved or to be affected by a quarantine where:



(1)  The number of individuals involved or to be
affected by a quarantine is so large as to render individual participation
impractical;



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



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



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



(n)  Each individual quarantined shall be
responsible for the costs of food, lodging, and medical care, except for those
costs covered and paid by the individual's health plan. [PC 1869, c 59, §26; am
L 1911, c 125, §4; RL 1925, §935; RL 1935, §1095; am L 1941, c 262, §1; RL
1945, §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 of
supervisors" and "city council" to conform to the county
charters.