A. The State Health Commissioner shall, prior to placing any person orpersons in isolation, prepare a written order of isolation that shall: (i)identify the person or persons subject to such order of isolation; (ii)identify the site of isolation, which may, in the Commissioner's discretion,include the residence of any isolated individual; (iii) specify the date andtime that isolation is to commence; (iv) identify the communicable disease ofpublic health threat or the suspected communicable disease of public healththreat with which the person or persons are known to be infected orreasonably suspected to be infected; (v) specify the bases for isolation,including why isolation is the necessary means to contain transmission of thedisease, and any conditions of the isolation; (vi) provide timelyopportunities, if not readily available under the circumstances, for theperson or person who are subject to the order to notify employers, next ofkin or legally authorized representatives and the attorneys of their choiceof the situation; (vii) specify the penalty or penalties that may be imposedfor noncompliance with order of isolation pursuant to § 32.1-27; and (viii)include a copy of § 32.1-48.013 to inform any person or persons subject to anorder of isolation of the right to seek judicial review or the order.
B. No affected area shall be the subject of an order of isolation prepared bythe State Health Commissioner unless the Governor, pursuant to the authorityvested in him pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, hasdeclared a state of emergency for such affected area of the Commonwealth.
C. The order of isolation shall be delivered to any person or personsaffected by the isolation, in so far as practicable. However, if, in theopinion of the State Health Commissioner, the number of isolated persons istoo great to make delivery of copies of the order of isolation to each personpossible in a timely manner, or if the order of isolation designates anaffected area instead of a specific person or persons, the State HealthCommissioner shall cause the order of isolation to be communicated to thepersons residing or located in the affected area.
D. The State Health Commissioner shall, as soon as practicable following theissuance of an order of isolation, file a petition seeking an ex parte courtorder to review and confirm the isolation.
E. The petition shall be filed in the circuit court for the city or county inwhich the person or persons resides or is located or, in the case of anaffected area, in the circuit court of the affected jurisdiction orjurisdictions.
Upon receiving multiple orders of isolation, the court may, on the motion ofany party or on the court's own motion, consolidate the cases into a singleproceeding for all orders when (i) there are common questions of law or factrelating to the individual claims or rights to be determined, (ii) the claimsof the cases are substantially similar, and (iii) all parties to the orderswill be adequately represented in the consolidation.
F. The petition shall include (i) a copy of the order of isolation or allinformation contained in the State Health Commissioner's order of isolationin some other format and (ii) a summary of the findings on which theCommissioner relied in determining that an order of isolation was required tocontain the transmission of the communicable disease of public health threat.
G. Prior to the expiration of the original order of isolation, theCommissioner may extend the duration of the original order upon finding thatsuch an extension is necessary. The Commissioner, or his legalrepresentative, shall, as soon as practicable following the extension of anorder of isolation, file a petition seeking court review and confirmation ofthe order to extend the duration of the isolation.
H. In reviewing any petition for review and confirmation or extension of theorder of isolation, the court shall give due deference to the specializedexpertise of the State Health Commissioner. The court shall grant thepetition to confirm or extend the isolation upon finding probable cause thatisolation was the necessary means and remains the least restrictiveenvironment to address the public health threat effectively, given thereasonably available information on effective control measures and the natureof the communicable disease of public health threat.
I. The State Health Commissioner may, if he reasonably believes that publicdisclosure of the information contained in the order of isolation or thepetition for review and confirmation or extension of the order of isolationwill exacerbate the public health threat or compromise any current or futurecriminal investigation or compromise national security, file some or all ofany petition to extend an order of isolation under seal. After reviewing anyinformation filed under seal by the State Health Commissioner, the courtshall reseal the relevant materials to the extent necessary to protect publichealth and safety.
J. The State Health Commissioner shall ensure that the protected healthinformation of any person or persons subject to the order of isolation shallonly be disclosed in compliance with the regulations relating to privacy ofhealth records promulgated by the federal Department of Health and HumanServices pursuant to the Health Insurance Portability and Accountability Actof 1996.
K. Any law-enforcement officer, state or local health department employee, orany other person designated by a law-enforcement officer or state or localhealth department employee is empowered and authorized to deliver an order ofisolation.
A. The State Health Commissioner shall, prior to placing any person orpersons in isolation, prepare a written order of isolation that shall: (i)identify the person or persons subject to such order of isolation; (ii)identify the site of isolation, which may, in the Commissioner's discretion,include the residence of any isolated individual; (iii) specify the date andtime that isolation is to commence; (iv) identify the communicable disease ofpublic health threat or the suspected communicable disease of public healththreat with which the person or persons are known to be infected orreasonably suspected to be infected; (v) specify the bases for isolation,including why isolation is the necessary means to contain transmission of thedisease, and any conditions of the isolation; (vi) provide timelyopportunities, if not readily available under the circumstances, for theperson or person who are subject to the order to notify employers, next ofkin or legally authorized representatives and the attorneys of their choiceof the situation; (vii) specify the penalty or penalties that may be imposedfor noncompliance with order of isolation pursuant to § 32.1-27; and (viii)include a copy of § 32.1-48.013 to inform any person or persons subject to anorder of isolation of the right to seek judicial review or the order.
B. No affected area shall be the subject of an order of isolation prepared bythe State Health Commissioner unless the Governor, pursuant to the authorityvested in him pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, hasdeclared a state of emergency for such affected area of the Commonwealth.
C. The order of isolation shall be delivered to any person or personsaffected by the isolation, in so far as practicable. However, if, in theopinion of the State Health Commissioner, the number of isolated persons istoo great to make delivery of copies of the order of isolation to each personpossible in a timely manner, or if the order of isolation designates anaffected area instead of a specific person or persons, the State HealthCommissioner shall cause the order of isolation to be communicated to thepersons residing or located in the affected area.
D. The State Health Commissioner shall, as soon as practicable following theissuance of an order of isolation, file a petition seeking an ex parte courtorder to review and confirm the isolation.
E. The petition shall be filed in the circuit court for the city or county inwhich the person or persons resides or is located or, in the case of anaffected area, in the circuit court of the affected jurisdiction orjurisdictions.
Upon receiving multiple orders of isolation, the court may, on the motion ofany party or on the court's own motion, consolidate the cases into a singleproceeding for all orders when (i) there are common questions of law or factrelating to the individual claims or rights to be determined, (ii) the claimsof the cases are substantially similar, and (iii) all parties to the orderswill be adequately represented in the consolidation.
F. The petition shall include (i) a copy of the order of isolation or allinformation contained in the State Health Commissioner's order of isolationin some other format and (ii) a summary of the findings on which theCommissioner relied in determining that an order of isolation was required tocontain the transmission of the communicable disease of public health threat.
G. Prior to the expiration of the original order of isolation, theCommissioner may extend the duration of the original order upon finding thatsuch an extension is necessary. The Commissioner, or his legalrepresentative, shall, as soon as practicable following the extension of anorder of isolation, file a petition seeking court review and confirmation ofthe order to extend the duration of the isolation.
H. In reviewing any petition for review and confirmation or extension of theorder of isolation, the court shall give due deference to the specializedexpertise of the State Health Commissioner. The court shall grant thepetition to confirm or extend the isolation upon finding probable cause thatisolation was the necessary means and remains the least restrictiveenvironment to address the public health threat effectively, given thereasonably available information on effective control measures and the natureof the communicable disease of public health threat.
I. The State Health Commissioner may, if he reasonably believes that publicdisclosure of the information contained in the order of isolation or thepetition for review and confirmation or extension of the order of isolationwill exacerbate the public health threat or compromise any current or futurecriminal investigation or compromise national security, file some or all ofany petition to extend an order of isolation under seal. After reviewing anyinformation filed under seal by the State Health Commissioner, the courtshall reseal the relevant materials to the extent necessary to protect publichealth and safety.
J. The State Health Commissioner shall ensure that the protected healthinformation of any person or persons subject to the order of isolation shallonly be disclosed in compliance with the regulations relating to privacy ofhealth records promulgated by the federal Department of Health and HumanServices pursuant to the Health Insurance Portability and Accountability Actof 1996.
K. Any law-enforcement officer, state or local health department employee, orany other person designated by a law-enforcement officer or state or localhealth department employee is empowered and authorized to deliver an order ofisolation.
A. The State Health Commissioner shall, prior to placing any person orpersons in isolation, prepare a written order of isolation that shall: (i)identify the person or persons subject to such order of isolation; (ii)identify the site of isolation, which may, in the Commissioner's discretion,include the residence of any isolated individual; (iii) specify the date andtime that isolation is to commence; (iv) identify the communicable disease ofpublic health threat or the suspected communicable disease of public healththreat with which the person or persons are known to be infected orreasonably suspected to be infected; (v) specify the bases for isolation,including why isolation is the necessary means to contain transmission of thedisease, and any conditions of the isolation; (vi) provide timelyopportunities, if not readily available under the circumstances, for theperson or person who are subject to the order to notify employers, next ofkin or legally authorized representatives and the attorneys of their choiceof the situation; (vii) specify the penalty or penalties that may be imposedfor noncompliance with order of isolation pursuant to § 32.1-27; and (viii)include a copy of § 32.1-48.013 to inform any person or persons subject to anorder of isolation of the right to seek judicial review or the order.
B. No affected area shall be the subject of an order of isolation prepared bythe State Health Commissioner unless the Governor, pursuant to the authorityvested in him pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, hasdeclared a state of emergency for such affected area of the Commonwealth.
C. The order of isolation shall be delivered to any person or personsaffected by the isolation, in so far as practicable. However, if, in theopinion of the State Health Commissioner, the number of isolated persons istoo great to make delivery of copies of the order of isolation to each personpossible in a timely manner, or if the order of isolation designates anaffected area instead of a specific person or persons, the State HealthCommissioner shall cause the order of isolation to be communicated to thepersons residing or located in the affected area.
D. The State Health Commissioner shall, as soon as practicable following theissuance of an order of isolation, file a petition seeking an ex parte courtorder to review and confirm the isolation.
E. The petition shall be filed in the circuit court for the city or county inwhich the person or persons resides or is located or, in the case of anaffected area, in the circuit court of the affected jurisdiction orjurisdictions.
Upon receiving multiple orders of isolation, the court may, on the motion ofany party or on the court's own motion, consolidate the cases into a singleproceeding for all orders when (i) there are common questions of law or factrelating to the individual claims or rights to be determined, (ii) the claimsof the cases are substantially similar, and (iii) all parties to the orderswill be adequately represented in the consolidation.
F. The petition shall include (i) a copy of the order of isolation or allinformation contained in the State Health Commissioner's order of isolationin some other format and (ii) a summary of the findings on which theCommissioner relied in determining that an order of isolation was required tocontain the transmission of the communicable disease of public health threat.
G. Prior to the expiration of the original order of isolation, theCommissioner may extend the duration of the original order upon finding thatsuch an extension is necessary. The Commissioner, or his legalrepresentative, shall, as soon as practicable following the extension of anorder of isolation, file a petition seeking court review and confirmation ofthe order to extend the duration of the isolation.
H. In reviewing any petition for review and confirmation or extension of theorder of isolation, the court shall give due deference to the specializedexpertise of the State Health Commissioner. The court shall grant thepetition to confirm or extend the isolation upon finding probable cause thatisolation was the necessary means and remains the least restrictiveenvironment to address the public health threat effectively, given thereasonably available information on effective control measures and the natureof the communicable disease of public health threat.
I. The State Health Commissioner may, if he reasonably believes that publicdisclosure of the information contained in the order of isolation or thepetition for review and confirmation or extension of the order of isolationwill exacerbate the public health threat or compromise any current or futurecriminal investigation or compromise national security, file some or all ofany petition to extend an order of isolation under seal. After reviewing anyinformation filed under seal by the State Health Commissioner, the courtshall reseal the relevant materials to the extent necessary to protect publichealth and safety.
J. The State Health Commissioner shall ensure that the protected healthinformation of any person or persons subject to the order of isolation shallonly be disclosed in compliance with the regulations relating to privacy ofhealth records promulgated by the federal Department of Health and HumanServices pursuant to the Health Insurance Portability and Accountability Actof 1996.
K. Any law-enforcement officer, state or local health department employee, orany other person designated by a law-enforcement officer or state or localhealth department employee is empowered and authorized to deliver an order ofisolation.
