Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-129c.Same; orders for isolation or quarantine;form and content; notice; hearing in district court; application and effect;procedure; orders for relief; emergency rules of procedure.(a) If the local health officer or the secretary requires anindividual or a group of individuals to go to and remain in places of isolationor quarantine underK.S.A. 2009 Supp.65-129b, and amendments thereto, thelocal health officeror the secretary shall issue an order to the individual or group ofindividuals.
(b) The order shall specify:
(1) The identity of the individual or group of individuals subject toisolation or quarantine;
(2) the premises subject to isolation or quarantine;
(3) the date and time at which isolation or quarantine commences;
(4) the suspected infectious or contagious disease causing the outbreak ordisease, if known;
(5) the basis upon which isolation or quarantine is justified; and
(6) the availability of a hearing to contest the order.
(c) (1) Except as provided in paragraph (2) of subsection (c), the ordershall be in writing and given to the individual or group of individuals priorto the individual or group of individuals being required to go to and remain inplaces of isolation and quarantine.
(2) (A) If the local health officer or the secretary determines that thenotice required under paragraph (1) of subsection (c) is impractical because ofthe number of individuals or geographical areas affected, the local healthofficer or the secretary shall ensure that the affected individuals are fullyinformed of the order using the best possible means available.
(B) If the order applies to a group of individuals and it is impractical toprovide written individual copies under paragraph (1) of subsection (c), thewritten order may be posted in a conspicuous place in the isolation orquarantine premises.
(d) (1) An individual or group of individuals isolated or quarantined underthis section may request a hearing in district court contesting the isolationor quarantine, as provided in article 15 of chapter 60 of the Kansas StatutesAnnotated, but the provisions of this section shall apply to any order issuedunderK.S.A. 2009 Supp.65-129a to 65-129d, inclusive, and amendments thereto,notwithstanding any conflicting provisions contained in thatarticle.
(2) A request for a hearing may not stay or enjoin an isolation or quarantineorder.
(3) Upon receipt of a request under this subsection (d), the court shallconduct a hearing within 72 hours after receipt of the request.
(4) (A) In any proceedings brought for relief under this subsection (d),the court may extend the time for a hearing upon a showing by the local healthofficer or the secretary or other designated official that extraordinarycircumstances exist that justify the extension.
(B) In granting or denying an extension, the court shall consider the rightsof the affected individual, the protection of the public health, the severityof the health emergency and the availability, if necessary, of witnesses andevidence.
(C) (i) The court shall grant the request for relief unless the courtdetermines that the isolation or quarantine order is necessary and reasonableto prevent or reduce the spread of the disease or outbreak believed to havebeen caused by the exposure to an infectious or contagious disease.
(ii) If feasible, in making a determination under this paragraph (C), thecourt may consider the means of transmission, the degree of contagion, and, tothe extent possible, the degree of public exposure to the disease.
(5) An order of the court authorizing the isolation or quarantine issuedunder thissection shall:
(A) Identify the isolated or quarantined individual or group of individualsby name or shared characteristics;
(B) specify factual findings warranting isolation or quarantine; and
(C) except as provided in paragraph (2) of subsection (c), be in writing andgiven to the individual or group of individuals.
(6) If the court determines that the notice required in paragraph (C) ofsubsection (d)(5) is impractical because of the number of individuals orgeographical areas affected, the court shall ensure that the affectedindividuals are fully informed of the order using the best possible meansavailable.
(7) An order of the court authorizing isolation or quarantine shall beeffective for aperiod not to exceed 30 days. The court shall base its decision on thestandards provided under this section.
(8) In the event that an individual cannot personally appear before thecourt, proceedings may be conducted:
(A) By an individual's authorized representative; and
(B) through any means that allows other individuals to fully participate.
(9) In any proceedings brought under this section, the court may order theconsolidation of individual claims into group claims where:
(A) The number of individuals involved or affected is so large as to renderindividual participation impractical;
(B) there are questions of law or fact common to the individual claims orrights to be determined;
(C) the group claims or rights to be determined are typical of the affectedindividual's claims or rights; and
(D) the entire group will be adequately represented in the consolidation.
(10) The court shall appoint counsel to represent individuals or a group ofindividuals who are not otherwise represented by counsel.
(11) The supreme court of Kansas may develop emergency rules of procedure tofacilitate the efficient adjudication of any proceedings brought under thissection.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-129c.Same; orders for isolation or quarantine;form and content; notice; hearing in district court; application and effect;procedure; orders for relief; emergency rules of procedure.(a) If the local health officer or the secretary requires anindividual or a group of individuals to go to and remain in places of isolationor quarantine underK.S.A. 2009 Supp.65-129b, and amendments thereto, thelocal health officeror the secretary shall issue an order to the individual or group ofindividuals.
(b) The order shall specify:
(1) The identity of the individual or group of individuals subject toisolation or quarantine;
(2) the premises subject to isolation or quarantine;
(3) the date and time at which isolation or quarantine commences;
(4) the suspected infectious or contagious disease causing the outbreak ordisease, if known;
(5) the basis upon which isolation or quarantine is justified; and
(6) the availability of a hearing to contest the order.
(c) (1) Except as provided in paragraph (2) of subsection (c), the ordershall be in writing and given to the individual or group of individuals priorto the individual or group of individuals being required to go to and remain inplaces of isolation and quarantine.
(2) (A) If the local health officer or the secretary determines that thenotice required under paragraph (1) of subsection (c) is impractical because ofthe number of individuals or geographical areas affected, the local healthofficer or the secretary shall ensure that the affected individuals are fullyinformed of the order using the best possible means available.
(B) If the order applies to a group of individuals and it is impractical toprovide written individual copies under paragraph (1) of subsection (c), thewritten order may be posted in a conspicuous place in the isolation orquarantine premises.
(d) (1) An individual or group of individuals isolated or quarantined underthis section may request a hearing in district court contesting the isolationor quarantine, as provided in article 15 of chapter 60 of the Kansas StatutesAnnotated, but the provisions of this section shall apply to any order issuedunderK.S.A. 2009 Supp.65-129a to 65-129d, inclusive, and amendments thereto,notwithstanding any conflicting provisions contained in thatarticle.
(2) A request for a hearing may not stay or enjoin an isolation or quarantineorder.
(3) Upon receipt of a request under this subsection (d), the court shallconduct a hearing within 72 hours after receipt of the request.
(4) (A) In any proceedings brought for relief under this subsection (d),the court may extend the time for a hearing upon a showing by the local healthofficer or the secretary or other designated official that extraordinarycircumstances exist that justify the extension.
(B) In granting or denying an extension, the court shall consider the rightsof the affected individual, the protection of the public health, the severityof the health emergency and the availability, if necessary, of witnesses andevidence.
(C) (i) The court shall grant the request for relief unless the courtdetermines that the isolation or quarantine order is necessary and reasonableto prevent or reduce the spread of the disease or outbreak believed to havebeen caused by the exposure to an infectious or contagious disease.
(ii) If feasible, in making a determination under this paragraph (C), thecourt may consider the means of transmission, the degree of contagion, and, tothe extent possible, the degree of public exposure to the disease.
(5) An order of the court authorizing the isolation or quarantine issuedunder thissection shall:
(A) Identify the isolated or quarantined individual or group of individualsby name or shared characteristics;
(B) specify factual findings warranting isolation or quarantine; and
(C) except as provided in paragraph (2) of subsection (c), be in writing andgiven to the individual or group of individuals.
(6) If the court determines that the notice required in paragraph (C) ofsubsection (d)(5) is impractical because of the number of individuals orgeographical areas affected, the court shall ensure that the affectedindividuals are fully informed of the order using the best possible meansavailable.
(7) An order of the court authorizing isolation or quarantine shall beeffective for aperiod not to exceed 30 days. The court shall base its decision on thestandards provided under this section.
(8) In the event that an individual cannot personally appear before thecourt, proceedings may be conducted:
(A) By an individual's authorized representative; and
(B) through any means that allows other individuals to fully participate.
(9) In any proceedings brought under this section, the court may order theconsolidation of individual claims into group claims where:
(A) The number of individuals involved or affected is so large as to renderindividual participation impractical;
(B) there are questions of law or fact common to the individual claims orrights to be determined;
(C) the group claims or rights to be determined are typical of the affectedindividual's claims or rights; and
(D) the entire group will be adequately represented in the consolidation.
(10) The court shall appoint counsel to represent individuals or a group ofindividuals who are not otherwise represented by counsel.
(11) The supreme court of Kansas may develop emergency rules of procedure tofacilitate the efficient adjudication of any proceedings brought under thissection.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-129c.Same; orders for isolation or quarantine;form and content; notice; hearing in district court; application and effect;procedure; orders for relief; emergency rules of procedure.(a) If the local health officer or the secretary requires anindividual or a group of individuals to go to and remain in places of isolationor quarantine underK.S.A. 2009 Supp.65-129b, and amendments thereto, thelocal health officeror the secretary shall issue an order to the individual or group ofindividuals.
(b) The order shall specify:
(1) The identity of the individual or group of individuals subject toisolation or quarantine;
(2) the premises subject to isolation or quarantine;
(3) the date and time at which isolation or quarantine commences;
(4) the suspected infectious or contagious disease causing the outbreak ordisease, if known;
(5) the basis upon which isolation or quarantine is justified; and
(6) the availability of a hearing to contest the order.
(c) (1) Except as provided in paragraph (2) of subsection (c), the ordershall be in writing and given to the individual or group of individuals priorto the individual or group of individuals being required to go to and remain inplaces of isolation and quarantine.
(2) (A) If the local health officer or the secretary determines that thenotice required under paragraph (1) of subsection (c) is impractical because ofthe number of individuals or geographical areas affected, the local healthofficer or the secretary shall ensure that the affected individuals are fullyinformed of the order using the best possible means available.
(B) If the order applies to a group of individuals and it is impractical toprovide written individual copies under paragraph (1) of subsection (c), thewritten order may be posted in a conspicuous place in the isolation orquarantine premises.
(d) (1) An individual or group of individuals isolated or quarantined underthis section may request a hearing in district court contesting the isolationor quarantine, as provided in article 15 of chapter 60 of the Kansas StatutesAnnotated, but the provisions of this section shall apply to any order issuedunderK.S.A. 2009 Supp.65-129a to 65-129d, inclusive, and amendments thereto,notwithstanding any conflicting provisions contained in thatarticle.
(2) A request for a hearing may not stay or enjoin an isolation or quarantineorder.
(3) Upon receipt of a request under this subsection (d), the court shallconduct a hearing within 72 hours after receipt of the request.
(4) (A) In any proceedings brought for relief under this subsection (d),the court may extend the time for a hearing upon a showing by the local healthofficer or the secretary or other designated official that extraordinarycircumstances exist that justify the extension.
(B) In granting or denying an extension, the court shall consider the rightsof the affected individual, the protection of the public health, the severityof the health emergency and the availability, if necessary, of witnesses andevidence.
(C) (i) The court shall grant the request for relief unless the courtdetermines that the isolation or quarantine order is necessary and reasonableto prevent or reduce the spread of the disease or outbreak believed to havebeen caused by the exposure to an infectious or contagious disease.
(ii) If feasible, in making a determination under this paragraph (C), thecourt may consider the means of transmission, the degree of contagion, and, tothe extent possible, the degree of public exposure to the disease.
(5) An order of the court authorizing the isolation or quarantine issuedunder thissection shall:
(A) Identify the isolated or quarantined individual or group of individualsby name or shared characteristics;
(B) specify factual findings warranting isolation or quarantine; and
(C) except as provided in paragraph (2) of subsection (c), be in writing andgiven to the individual or group of individuals.
(6) If the court determines that the notice required in paragraph (C) ofsubsection (d)(5) is impractical because of the number of individuals orgeographical areas affected, the court shall ensure that the affectedindividuals are fully informed of the order using the best possible meansavailable.
(7) An order of the court authorizing isolation or quarantine shall beeffective for aperiod not to exceed 30 days. The court shall base its decision on thestandards provided under this section.
(8) In the event that an individual cannot personally appear before thecourt, proceedings may be conducted:
(A) By an individual's authorized representative; and
(B) through any means that allows other individuals to fully participate.
(9) In any proceedings brought under this section, the court may order theconsolidation of individual claims into group claims where:
(A) The number of individuals involved or affected is so large as to renderindividual participation impractical;
(B) there are questions of law or fact common to the individual claims orrights to be determined;
(C) the group claims or rights to be determined are typical of the affectedindividual's claims or rights; and
(D) the entire group will be adequately represented in the consolidation.
(10) The court shall appoint counsel to represent individuals or a group ofindividuals who are not otherwise represented by counsel.
(11) The supreme court of Kansas may develop emergency rules of procedure tofacilitate the efficient adjudication of any proceedings brought under thissection.
