A Terrorist IncidentUsing Nuclear, Biological, or Chemical Agents.
§ 130A‑475. Suspectedterrorist attack.
(a) If the State HealthDirector reasonably suspects that a public health threat may exist and that thethreat may have been caused by a terrorist incident using nuclear, biological,or chemical agents, the State Health Director is authorized to order any of thefollowing:
(1) Require any personor animal to submit to examinations and tests to determine possible exposure tothe nuclear, biological, or chemical agents.
(2) Test any real orpersonal property necessary to determine the presence of nuclear, biological,or chemical agents.
(3) Evacuate or closeany real property, including any building, structure, or land when necessary toinvestigate suspected contamination of the property. The period of closureduring an investigation shall not exceed 10 calendar days. If the State HealthDirector determines that a longer period of closure is necessary to completethe investigation, the Director may institute an action in superior court toorder the property to remain closed until the investigation is completed.
(4) Limit the freedom ofmovement or action of a person or animal that is contaminated with, orreasonably suspected of being contaminated with, a biological, chemical ornuclear agent that may be conveyed to other persons or animals.
(5) Limit access by anyperson or animal to an area or facility that is housing persons or animalswhose movement or action has been limited under subdivision (4) of thissubsection or to an area or facility that is contaminated with, or reasonablysuspected of being contaminated with, a biological, chemical or nuclear agentthat may be conveyed to other persons or animals. Nothing in this subdivisionshall be construed to restrict the access of authorized health care, lawenforcement, or emergency medical services personnel to quarantine or isolationpremises as necessary in conducting their duties.
(b) The authority undersubsection (a) of this section shall be exercised only when and so long as apublic health threat may exist, all other reasonable means for correcting theproblem have been exhausted, and no less restrictive alternative exists. Beforeapplying the authority under subdivision (4) or (5) of subsection (a) of thissection to livestock or poultry for the purpose of preventing the direct orindirect conveyance of a biological, chemical or nuclear agent to persons, theState Health Director shall consult with the State Veterinarian in the Departmentof Agriculture and Consumer Services.
The period of limited freedomof movement or access under subdivisions (4) and (5) of subsection (a) of thissection shall not exceed 30 calendar days. Any person substantially affected bythat limitation may institute, in superior court in Wake County or in thecounty in which the limitation is imposed, an action to review the limitation.The State Health Director shall give the persons known by the State HealthDirector to be substantially affected by the limitation reasonable notice underthe circumstances of the right to institute an action to review the limitation.If a person or a person's representative requests a hearing, the hearing shallbe held within 72 hours of the filing of the request, excluding Saturdays andSundays. The person substantially affected by that limitation is entitled to berepresented by counsel of the person's own choice or if the person is indigent,the person shall be represented by counsel appointed in accordance with Article36 of Chapter 7A of the General Statutes and the rules adopted by the Office ofIndigent Defense Services. The court shall reduce or terminate the limitationunless it determines, by the preponderance of the evidence, that the limitationis reasonably necessary to prevent or limit the conveyance of biological,chemical or nuclear agents to others, and may apply such conditions to thelimitation as the court deems reasonable and necessary.
If the State Health Directordetermines that a 30‑calendar‑day limitation on freedom of movementor access is not adequate to protect the public health, the State HealthDirector must institute in superior court in the county in which the limitationis imposed, an action to obtain an order extending the period limiting thefreedom of movement or access. If the person substantially affected by thelimitation has already instituted an action in superior court in Wake County,the State Health Director must institute the action in superior court in WakeCounty or as a counterclaim in the pending case. The court shall continue thelimitation for a period not to exceed 30 days, subject to conditions it deemsreasonable and necessary, if it determines by the preponderance of theevidence, that additional limitation is reasonably necessary to prevent orlimit the conveyance of biological, chemical, or nuclear agents to others. Thecourt order shall specify the period of time the limitation is to be continuedand shall provide for automatic termination of the order upon writtendetermination by the State Health Director or local health director that thelimitation on freedom of movement or access is no longer necessary to protectthe public health. In addition, where the petitioner can prove by apreponderance of the evidence that the limitation on freedom of movement oraccess was not or is no longer needed for protection of the public health, theperson so limited may move the trial court to reconsider its order extendingthe limitation on freedom of movement or access before the time for the orderotherwise expires and may seek immediate or expedited termination of the order.Before the expiration of an order issued under this section, the State HealthDirector may move to continue the order for additional periods not to exceed 30days each.
(c) If the State HealthDirector reasonably suspects that there exists a public health threat that mayhave been caused by a terrorist incident using nuclear, biological, or chemicalagents, the State Health Director shall notify the Governor and the Secretaryof Crime Control and Public Safety. If the Secretary of Crime Control andPublic Safety reasonably suspects that a public health threat may exist andthat the threat may have been caused by a terrorist incident using nuclear,biological, or chemical agents, the Secretary shall notify the Governor and theState Health Director.
(d) For the purpose ofthis Article, the term "public health threat" means a situation thatis likely to cause an immediate risk to human life, an immediate risk ofserious physical injury or illness, or an immediate risk of serious adversehealth effects.
(e) Nothing in thissection shall limit any authority otherwise granted to local or State publichealth officials under this Chapter. (2002‑179, s. 1; 2004‑80, s. 3; 2004‑199,s. 33.)
A Terrorist IncidentUsing Nuclear, Biological, or Chemical Agents.
§ 130A‑475. Suspectedterrorist attack.
(a) If the State HealthDirector reasonably suspects that a public health threat may exist and that thethreat may have been caused by a terrorist incident using nuclear, biological,or chemical agents, the State Health Director is authorized to order any of thefollowing:
(1) Require any personor animal to submit to examinations and tests to determine possible exposure tothe nuclear, biological, or chemical agents.
(2) Test any real orpersonal property necessary to determine the presence of nuclear, biological,or chemical agents.
(3) Evacuate or closeany real property, including any building, structure, or land when necessary toinvestigate suspected contamination of the property. The period of closureduring an investigation shall not exceed 10 calendar days. If the State HealthDirector determines that a longer period of closure is necessary to completethe investigation, the Director may institute an action in superior court toorder the property to remain closed until the investigation is completed.
(4) Limit the freedom ofmovement or action of a person or animal that is contaminated with, orreasonably suspected of being contaminated with, a biological, chemical ornuclear agent that may be conveyed to other persons or animals.
(5) Limit access by anyperson or animal to an area or facility that is housing persons or animalswhose movement or action has been limited under subdivision (4) of thissubsection or to an area or facility that is contaminated with, or reasonablysuspected of being contaminated with, a biological, chemical or nuclear agentthat may be conveyed to other persons or animals. Nothing in this subdivisionshall be construed to restrict the access of authorized health care, lawenforcement, or emergency medical services personnel to quarantine or isolationpremises as necessary in conducting their duties.
(b) The authority undersubsection (a) of this section shall be exercised only when and so long as apublic health threat may exist, all other reasonable means for correcting theproblem have been exhausted, and no less restrictive alternative exists. Beforeapplying the authority under subdivision (4) or (5) of subsection (a) of thissection to livestock or poultry for the purpose of preventing the direct orindirect conveyance of a biological, chemical or nuclear agent to persons, theState Health Director shall consult with the State Veterinarian in the Departmentof Agriculture and Consumer Services.
The period of limited freedomof movement or access under subdivisions (4) and (5) of subsection (a) of thissection shall not exceed 30 calendar days. Any person substantially affected bythat limitation may institute, in superior court in Wake County or in thecounty in which the limitation is imposed, an action to review the limitation.The State Health Director shall give the persons known by the State HealthDirector to be substantially affected by the limitation reasonable notice underthe circumstances of the right to institute an action to review the limitation.If a person or a person's representative requests a hearing, the hearing shallbe held within 72 hours of the filing of the request, excluding Saturdays andSundays. The person substantially affected by that limitation is entitled to berepresented by counsel of the person's own choice or if the person is indigent,the person shall be represented by counsel appointed in accordance with Article36 of Chapter 7A of the General Statutes and the rules adopted by the Office ofIndigent Defense Services. The court shall reduce or terminate the limitationunless it determines, by the preponderance of the evidence, that the limitationis reasonably necessary to prevent or limit the conveyance of biological,chemical or nuclear agents to others, and may apply such conditions to thelimitation as the court deems reasonable and necessary.
If the State Health Directordetermines that a 30‑calendar‑day limitation on freedom of movementor access is not adequate to protect the public health, the State HealthDirector must institute in superior court in the county in which the limitationis imposed, an action to obtain an order extending the period limiting thefreedom of movement or access. If the person substantially affected by thelimitation has already instituted an action in superior court in Wake County,the State Health Director must institute the action in superior court in WakeCounty or as a counterclaim in the pending case. The court shall continue thelimitation for a period not to exceed 30 days, subject to conditions it deemsreasonable and necessary, if it determines by the preponderance of theevidence, that additional limitation is reasonably necessary to prevent orlimit the conveyance of biological, chemical, or nuclear agents to others. Thecourt order shall specify the period of time the limitation is to be continuedand shall provide for automatic termination of the order upon writtendetermination by the State Health Director or local health director that thelimitation on freedom of movement or access is no longer necessary to protectthe public health. In addition, where the petitioner can prove by apreponderance of the evidence that the limitation on freedom of movement oraccess was not or is no longer needed for protection of the public health, theperson so limited may move the trial court to reconsider its order extendingthe limitation on freedom of movement or access before the time for the orderotherwise expires and may seek immediate or expedited termination of the order.Before the expiration of an order issued under this section, the State HealthDirector may move to continue the order for additional periods not to exceed 30days each.
(c) If the State HealthDirector reasonably suspects that there exists a public health threat that mayhave been caused by a terrorist incident using nuclear, biological, or chemicalagents, the State Health Director shall notify the Governor and the Secretaryof Crime Control and Public Safety. If the Secretary of Crime Control andPublic Safety reasonably suspects that a public health threat may exist andthat the threat may have been caused by a terrorist incident using nuclear,biological, or chemical agents, the Secretary shall notify the Governor and theState Health Director.
(d) For the purpose ofthis Article, the term "public health threat" means a situation thatis likely to cause an immediate risk to human life, an immediate risk ofserious physical injury or illness, or an immediate risk of serious adversehealth effects.
(e) Nothing in thissection shall limit any authority otherwise granted to local or State publichealth officials under this Chapter. (2002‑179, s. 1; 2004‑80, s. 3; 2004‑199,s. 33.)
A Terrorist IncidentUsing Nuclear, Biological, or Chemical Agents.
§ 130A‑475. Suspectedterrorist attack.
(a) If the State HealthDirector reasonably suspects that a public health threat may exist and that thethreat may have been caused by a terrorist incident using nuclear, biological,or chemical agents, the State Health Director is authorized to order any of thefollowing:
(1) Require any personor animal to submit to examinations and tests to determine possible exposure tothe nuclear, biological, or chemical agents.
(2) Test any real orpersonal property necessary to determine the presence of nuclear, biological,or chemical agents.
(3) Evacuate or closeany real property, including any building, structure, or land when necessary toinvestigate suspected contamination of the property. The period of closureduring an investigation shall not exceed 10 calendar days. If the State HealthDirector determines that a longer period of closure is necessary to completethe investigation, the Director may institute an action in superior court toorder the property to remain closed until the investigation is completed.
(4) Limit the freedom ofmovement or action of a person or animal that is contaminated with, orreasonably suspected of being contaminated with, a biological, chemical ornuclear agent that may be conveyed to other persons or animals.
(5) Limit access by anyperson or animal to an area or facility that is housing persons or animalswhose movement or action has been limited under subdivision (4) of thissubsection or to an area or facility that is contaminated with, or reasonablysuspected of being contaminated with, a biological, chemical or nuclear agentthat may be conveyed to other persons or animals. Nothing in this subdivisionshall be construed to restrict the access of authorized health care, lawenforcement, or emergency medical services personnel to quarantine or isolationpremises as necessary in conducting their duties.
(b) The authority undersubsection (a) of this section shall be exercised only when and so long as apublic health threat may exist, all other reasonable means for correcting theproblem have been exhausted, and no less restrictive alternative exists. Beforeapplying the authority under subdivision (4) or (5) of subsection (a) of thissection to livestock or poultry for the purpose of preventing the direct orindirect conveyance of a biological, chemical or nuclear agent to persons, theState Health Director shall consult with the State Veterinarian in the Departmentof Agriculture and Consumer Services.
The period of limited freedomof movement or access under subdivisions (4) and (5) of subsection (a) of thissection shall not exceed 30 calendar days. Any person substantially affected bythat limitation may institute, in superior court in Wake County or in thecounty in which the limitation is imposed, an action to review the limitation.The State Health Director shall give the persons known by the State HealthDirector to be substantially affected by the limitation reasonable notice underthe circumstances of the right to institute an action to review the limitation.If a person or a person's representative requests a hearing, the hearing shallbe held within 72 hours of the filing of the request, excluding Saturdays andSundays. The person substantially affected by that limitation is entitled to berepresented by counsel of the person's own choice or if the person is indigent,the person shall be represented by counsel appointed in accordance with Article36 of Chapter 7A of the General Statutes and the rules adopted by the Office ofIndigent Defense Services. The court shall reduce or terminate the limitationunless it determines, by the preponderance of the evidence, that the limitationis reasonably necessary to prevent or limit the conveyance of biological,chemical or nuclear agents to others, and may apply such conditions to thelimitation as the court deems reasonable and necessary.
If the State Health Directordetermines that a 30‑calendar‑day limitation on freedom of movementor access is not adequate to protect the public health, the State HealthDirector must institute in superior court in the county in which the limitationis imposed, an action to obtain an order extending the period limiting thefreedom of movement or access. If the person substantially affected by thelimitation has already instituted an action in superior court in Wake County,the State Health Director must institute the action in superior court in WakeCounty or as a counterclaim in the pending case. The court shall continue thelimitation for a period not to exceed 30 days, subject to conditions it deemsreasonable and necessary, if it determines by the preponderance of theevidence, that additional limitation is reasonably necessary to prevent orlimit the conveyance of biological, chemical, or nuclear agents to others. Thecourt order shall specify the period of time the limitation is to be continuedand shall provide for automatic termination of the order upon writtendetermination by the State Health Director or local health director that thelimitation on freedom of movement or access is no longer necessary to protectthe public health. In addition, where the petitioner can prove by apreponderance of the evidence that the limitation on freedom of movement oraccess was not or is no longer needed for protection of the public health, theperson so limited may move the trial court to reconsider its order extendingthe limitation on freedom of movement or access before the time for the orderotherwise expires and may seek immediate or expedited termination of the order.Before the expiration of an order issued under this section, the State HealthDirector may move to continue the order for additional periods not to exceed 30days each.
(c) If the State HealthDirector reasonably suspects that there exists a public health threat that mayhave been caused by a terrorist incident using nuclear, biological, or chemicalagents, the State Health Director shall notify the Governor and the Secretaryof Crime Control and Public Safety. If the Secretary of Crime Control andPublic Safety reasonably suspects that a public health threat may exist andthat the threat may have been caused by a terrorist incident using nuclear,biological, or chemical agents, the Secretary shall notify the Governor and theState Health Director.
(d) For the purpose ofthis Article, the term "public health threat" means a situation thatis likely to cause an immediate risk to human life, an immediate risk ofserious physical injury or illness, or an immediate risk of serious adversehealth effects.
(e) Nothing in thissection shall limit any authority otherwise granted to local or State publichealth officials under this Chapter. (2002‑179, s. 1; 2004‑80, s. 3; 2004‑199,s. 33.)
