State Quarantine and Isolation Statutes

2/27/2020

coronavirus quarantine

Public health quarantine and isolation are legal authorities that may be, but rarely are, implemented to prevent the spread of communicable diseases. Ill people may be isolated to protect the public by preventing exposure to infected people. Quarantine may be used to restrict the movement of well people who may have been exposed to a communicable disease until it can be determined if they are ill. This could include people who have a communicable disease but do not know it or those who may have the disease because of close contact with ill people but do not show symptoms.

State and local governments are primarily responsible for maintaining public health and controlling the spread of diseases within state borders. Among other state public health emergency preparedness powers, every state, the District of Columbia and most territories have laws authorizing quarantine and isolation, usually through the state’s health authority. The federal government has authority as well, through the Centers for Disease Control and Prevention (CDC), to monitor and respond to the spread of communicable diseases across national or state borders, or if the state government is unwilling or unable to effectively respond.

The CDC's authority to exercise quarantine and isolation powers for specific diseases derives from the federal Public Health Service Act and most recently, a series of presidential executive orders. Under these orders, federal quarantine and isolation powers currently apply to the following diseases: cholera; diphtheria; infectious tuberculosis; plague; smallpox; yellow fever; viral hemorrhagic fevers; influenza caused by new or reemergent flu viruses that are causing, or have the potential to cause, a pandemic; and severe acute respiratory syndromes (which may include COVID-19). On Jan. 31, 2020, President Donald Trump released a proclamation in response to the COVID-19 outbreaks suspending certain entry into the United States, specifically outlining medical screening and quarantine where appropriate.   

Quarantine and isolation are defined as:

Quarantine: Compulsory separation, including restriction of movement, of people who potentially have been exposed to a contagious disease, until it can be determined whether they have become sick or no longer pose a risk to others. This determination could be made, for example, based on the time elapsed from their potential exposure.

Isolation: Separation of people known or suspected (via signs, symptoms or laboratory criteria) to be infected with a contagious disease from those who are not sick to prevent them from transmitting the disease to others.

The use of quarantine or isolation powers may create sensitive issues related to civil liberties. Individuals have rights to due process of law, and generally, isolation or quarantine must be carried out in the least restrictive setting necessary to maintain public health.

Additional Resources

Quarantine Laws and Regulations

The table below summarizes state law authority for quarantine and isolation within state borders, including authority to initiate quarantine and isolation, limitations on state quarantine powers, and penalties for violations. Please note this may not be a comprehensive list.

The box allows you to conduct a full text search or type the state name.

State/Jurisdiction Statute Citation (Last Amend) Statute Summary

Alabama

Ala. Code § 22.12.1 to 22.12.29

              

Ala. Code § 22.3.2 (1940)

Authority. The governor or the State Board of Health may proclaim a quarantine whenever deemed necessary. The Board of Health shall enforce it and adopt any necessary rules or regulations necessary to do so. The board shall also supervise county boards.                

Alabama

Ala. Code § 22.12.9-29 (1940)

 

Ala. Code § 22.11A.6 (1987)

Penalties. Violation of a health or quarantine law is a misdemeanor unless otherwise noted and is typically subject to a fine of $50 to $500. Such punishment applies to individuals who violate quarantine orders, those required to provide notification of notifiable diseases who willfully neglect to do so, anyone who knowingly transports a person or thing in violation of a quarantine, or other such violations of quarantine regulations.

Alabama

Ala. Code § 22.11A.7 (1987)

Police Power & Limitations.   An officer or guard carrying out a quarantine may arrest without warrant anyone who attempts to violate quarantine regulations and move them to the designated detention area or in front of an officer with jurisdiction over the offense. Officers can pass through quarantine lines and have free access to all means of public transportation as needed to perform their duties. Freight and mail can be rejected from a quarantined area. Those with notifiable disease must obey the instructions of state or county health officer.

 

Alaska

Alaska Stat. § 26.23.020 (2004)

Authority. The governor can declare a disaster emergency, including in the event of a disease outbreak. He or she can control entry and exit of an area and movement of persons or occupancy of premises within the area. The Department of Health and Social Services can quarantine or isolate only if it is the least restrictive alternative to protect public health. An emergency administrative order from the state medical officer can impose quarantine or isolation pending the court order.                   

Alaska

Alaska Stat. § 18.15.385 (2005)

Penalties. Anyone who knowingly violates a regulation pertaining to quarantine or isolation is guilty of a class B misdemeanor. Anyone who intentionally violates such a regulation is guilty of a class A misdemeanor.

Alaska

Alaska Stat. § 9.50.250 (2008)

Police Power & Limitations.  The department must allow isolation in the personal home if it would not jeopardize public health. If individuals do not consent to quarantine or isolation, a superior court order must be granted. The department should monitor those in quarantine or isolation and release them as soon as they no longer pose a substantial risk to public health. Improper application of quarantine or isolation, or negligent medical treatment therein, is an actionable claim against the state for compensation.

Arizona

Ariz. Rev. Stat. § 36.788-789

Authority. The governor, along with the state director of health services, has primary authority in a state of emergency involving possible infectious disease. If investigation reveals a suspicion of a highly contagious disease to be accurate, the state or local health authority may declare a quarantine if it is the least intrusive means of protecting public health. A quarantine or isolation should be established by written court order unless there is an urgent threat to public health, in which case the Department of Health or local health authority can initiate a quarantine by written directive provided they file a petition for court order within 10 days. The maximum court order for quarantine is 30 days before requiring a new order.

Arizona

Ariz. Rev. Stat. § 36.630, 737 (1982, 1997)

Penalties. Knowingly or intentionally exposing others to infection or attempting to leave quarantine or isolation is a class 2 misdemeanor. Obstructing an investigation, making a false report, or knowingly assisting someone else in violating quarantine is a class 3 misdemeanor.

Arizona

Ariz. Rev. Stat. § 36.624, 732 (2002, 1997)

Police Power and Limitations. No treatment shall be provided against the will of an individual provided they cooperate with quarantine and sanitation orders. If an individual under quarantine is shown to no longer pose a public health risk, they may be released prior to end of court-ordered period.

Arkansas

Ark. Stat. Ann. §§ 20-7-109 (1997)

Ark. Stat. Ann. §§ 14-262-101 to 109 (2010)

Authority. The director of the Department of Health has control over all quarantine measures. The state Health Board establishes rules and regulations regarding quarantine and isolation. County or district health departments have the power and duty to establish and enforce quarantine or isolation when it is necessary for public health. Cities can create health boards and appoint a health officer, with jurisdiction five miles beyond city limits in the event of a quarantine for an epidemic. Both county and city health authorities must assist state Department of Health and the Health Board. Only the state director can implement a quarantine on movement between jurisdictions.

Arkansas

Ark. Stat. Ann. Code § 20-15-710 (1963)

Penalties. For those under mandated treatment for tuberculosis, disorderly conduct can be punished with confinement up to six months and those who leave or attempt to leave without being discharged are guilty of a misdemeanor, punishable by confinement of six to12 months.

Arkansas

Ark. Stat. Ann. § 20-15-703 to 704 (1975)

Police Power and Limitations.  If a health officer has reasonable grounds to suspect an individual has an active or communicable form of tuberculosis who is not willing to undergo treatment, they may detain the individual for the necessary testing and establish suitable isolation. If suitable local isolation is unavailable, they can petition the court to move the individual to an appropriate state facility.

California

Cal. Health & Safety Code § 120175-120250; § 120195-120235

Authority. Health officers should take all necessary steps to prevent the spread of a contagious disease within their jurisdiction. Officers are required to enforce quarantine of state Department of Health and cannot enforce a quarantine against another jurisdiction without state approval.

California

Cal. Health & Safety Code § 120275-120305

Penalties. Anyone who violates or refuses a regulation or order of quarantine is guilty of a misdemeanor. A first offense is punishable by forced compliance with quarantine up to a year and two years probation with a repeat offense punishable by confinement of not more than a year.

California

Cal. Health & Safety Code § 120175-120250 (1995)

Police Power and Limitations. In the event of the outbreak of a communicable disease, a health official may have access to all supplies necessary from health providers that can either assist in responding to the outbreak or are implicated in the outbreak. If disinfection of goods or property would be unsafe, officers may destroy items, with proper compensation to owner.

Colorado

Colo. Rev. Stat. § 25-1-506 (2013)

 

Authority. County, district or regional health departments have the duty to establish and enforce quarantine or isolation and exercise control over property and people within their jurisdiction as is necessary to protect public health.

Colorado

Colo. Rev. Stat. § 25-1-516 (2008)

Penalties. Anyone who violates or fails to comply with a quarantine order for tuberculosis is guilty of a misdemeanor and can be forced to comply.

Connecticut

Conn. Gen. Stat. § 368e-19a-221 (2003)

Authority. In the event of a statewide or regional health emergency, the governor may authorize the Public Health Commission to quarantine or isolate individuals reasonably suspected as being infected or exposed to a communicable disease. Any town, city, borough or district director of health can issue a quarantine or isolation order if necessary to protect public health.

Connecticut

Conn. Gen. Stat. § 368a-19a-131a (2003)

Penalties. Anyone who violates the provisions of a quarantine order or obstructs those tasked with carrying it out shall be fined no more than $1,000 and/or imprisoned for no more than a year.

Connecticut

Conn. Gen. Stat. § 368a-19a-131b131d (2003)

 

Police Power and Limitations. Quarantine is only appropriate if it is the least restrictive option to protect public health and individuals in quarantine must be provided access to appropriate medical care and other basic needs. Individuals should be released from quarantine at such a point as they no longer pose a risk of contagion. Commissioners must write an order for quarantine. Those subject to quarantine can challenge this order in court. If an individual refuses to obey a quarantine order, they may be taken into custody and placed into quarantine.

Delaware

Del. Code Ann. Tit. 16 §505 (2002)

Penalties. Anyone who violates the provisions of a quarantine order or obstructs those tasked with carrying it out shall be fined no more than $1,000 and/or imprisoned for no more than a year.

Delaware

Del. Code Ann. Tit. 16 §506

Police Power and Limitations. An individual under quarantine or isolation order can request a court hearing to the continued necessity of the order. The burden of proof lies with the public safety authority.

Florida

Fla. Stat. § 381.0011 (2012)

Fla. Stat. § 381.00315 (2012)

Authority. The state health officer is responsible for declaring public health emergencies, under which an order can be given to quarantine individuals who pose a threat to public health. Requires the Department of Health to develop a plan that exclusively uses private and non-state public hospitals to provide treatment to cure, hospitalize and isolate persons with contagious cases of tuberculosis who pose a threat to the public.

Florida

Fla. Stat. § 381.0025 (1996)

Penalties. Any person who violates quarantine rules or regulations is guilty of a second-degree misdemeanor.

Georgia

Ga. Code § 31-12-2.1

Ga. Code § 31-12-4 (2014)

Authority. The Department of Community Health is empowered to isolate and treat individuals unwilling or unable to observe department rules or regulations for disease suppression and to establish quarantine, isolation or surveillance of people or animals exposed to a communicable disease that affects humans. A County Board of Health and Wellness has the authority to declare and enforce a quarantine.

Georgia

Ga. Code § 31-3-2.1 (2014)

Penalties. Violation of rules or regulations related to quarantine powers shall be declared a nuisance or a misdemeanor, as determined by the county governing authority establishing the rule.

Georgia

Ga. Code § 31-12-3 (2014)

Police Power and Limitations. Those ordered into quarantine or isolation shall have access to legal representation and can challenge that order in court.

Hawaii

Hawaii Rev. Stat. § 127A-13 (2013)

Hawaii Rev. Stat. § 325-8

Authority. The governor, in the event of a civil defense emergency, may require the quarantine of persons affected with a disease that presents a public health risk. The Department of Health can petition the court for a quarantine order, or if necessary for the protection of public health, establish a quarantine, provided they submit a petition to the court. The Department of Health can require immunization against a communicable disease with exceptions based on medical risk and religious objection.

Hawaii

Hawaii Rev. Stat. § 325-2 (2016)

Hawaii Rev. Stat. § 325-8 (2002)

Penalties. Failure of required medical professionals to report presence of a communicable disease is punishable by fine up to $1,000 per violation. Failure to follow a quarantine order is a misdemeanor.

Hawaii

Hawaii Rev. Stat. § 127A-12 (2017)

Hawaii Rev. Stat. § 325-8 (2002)

Police Power and Limitations. Public safety officials can isolate or close any building that is the source of contamination and provide for the destruction or cleansing of property that is acting as a public nuisance. The governor can suspend any law which impedes the ability to respond to a civil defense emergency. Subjects of quarantine should have their dignity respected and be kept in the least restrictive environment dictated by public health requirements. They have the right to contest a quarantine order in court.

Idaho

Idaho Code § 39-415

Idaho Code § 50-304 (cities)

Idaho Code § 56-1003 (7) (state health director)

Authority.  The state public health administrator has the power to quarantine an individual in the case of a communicable disease and to prevent entry or exit of a household or place by nonauthorized individuals, provided proper notification of the order and identification of least restrictive means of protecting public health. A district health board has identical powers as state officials within a health district. Cities may create a board of health and assign it powers and duties relevant to the control of communicable diseases, within five miles of the city.

Idaho

Idaho Code § 56-1003 (7) (c)-penalties)

Penalties. Any person who violates an order of isolation or quarantine shall be guilty of a misdemeanor

Idaho

Idaho Admin. Code § 16.02.10.065 (2008)

Police Power and Limitations.  Department of health officials may enter property in order to administer or enforce communicable disease duties.

Illinois

Dept of Health Powers. Ill. Rev. Stat. ch. 20 § 2305/2 (2009)

Authority. The Department of Public Health has supreme authority over declaring new or modifying existing quarantines. A county board of health should be created with responsibility for control of contagious diseases, including the use of quarantine for areas within the county not incorporated. Corporate authorities of municipalities have jurisdiction for quarantine extending one-half mile beyond corporate limits. Local health authorities shall establish quarantine of contacts of someone suspected of carrying a disease that requires this action.

Illinois

Ill. Rev. Stat. ch. 20 § 2305/8.1

Penalties. Whoever violates or refuses to obey any rule or regulation of the Department of Public Health shall be deemed guilty of a Class A misdemeanor.

Illinois

Ill. Rev. Stat. ch. 20 § 2305/2 (C)

Police Power & Limitations. Persons who are or are about to be ordered to be isolated or quarantined and owners of places that are or are about to be closed and made off limits to the public shall have the right to counsel. If a person or owner is indigent, the court shall appoint counsel for that person or owner. Persons who are ordered to be isolated or quarantined or who are owners of places that are ordered to be closed and made off limits to the public, shall be given a written notice of such order.

Indiana

Ind. Code § 16-19-3-9

Authority. The Department of Health may establish quarantine and do what is reasonable and necessary to prevent or suppress disease. When a public health emergency exists, the department can enforce orders within local jurisdiction and exercise all powers of those local health authorities.

Indiana

Ind. Code Ann. § 16-41-9-1.5

Penalties. A person who knowingly or intentionally violates a condition of isolation or quarantine under this chapter commits violating quarantine or isolation, a Class A misdemeanor.

Indiana

Ind. Code Ann. § 16-41-9-1.5

Police Power & Limitations. The public health authority may petition a circuit or superior court for an order imposing isolation or quarantine on the individual. A petition for isolation or quarantine filed under this subsection must be verified and include a brief description of the facts supporting the public health authority's belief that isolation or quarantine should be imposed on an individual, including a description of any efforts the public health authority made to obtain the individual's voluntary compliance with isolation or quarantine before filing the petition.

Iowa

Iowa Code § 136.3

Authority. The state board of health shall provide a forum for the development of public health policy in the state of Iowa and shall have the following powers and duties: Prevention of epidemics and the spread of disease, including communicable and infectious diseases such as zoonotic diseases, quarantine and isolation, sexually transmitted diseases, and antitoxins and vaccines.

Iowa

Iowa Code § 139A.25

Penalties. Unless otherwise provided in this chapter, a person who knowingly violates any provision of this chapter, or of the rules of the department or a local board, or any lawful order, written or oral, of the department or board, or of their officers or authorized agents, is guilty of a simple misdemeanor.

Iowa

Iowa Code § 139A.4; 199A.5; 139A.13

Police Power & Limitations: Area quarantine or isolation must be imposed by the least restrictive means necessary to prevent the spread of disease. A person subject to forced quarantine or isolation may employ, at the person's own expense, a health care professional of the person's choice.

Kansas

Kan. Stat. Ann. § 65-119, 126

Authority. Any county or joint board of health or local health officer having knowledge of any infectious or contagious disease, or of a death from such disease, within their jurisdiction, shall immediately exercise and maintain a supervision over such case or cases during their continuance, seeing that all such cases are properly cared for and that the provisions of this act as to isolation, restriction of communication, quarantine and disinfection are duly enforced. 

Kansas

Kan. Stat. Ann. § 65-129

Penalties. Anyone who knowingly conceals a contagious disease or breaks quarantine or isolation is guilty of a class C misdemeanor.

Kansas

Kan. Stat. Ann. § 65-129b, 129c

Police Power & Limitations. An individual or group of individuals isolated or quarantined under this section may request a hearing in district court contesting the isolation or quarantine, as provided in article 15 of chapter 60 of the Kansas Statutes Annotated. The court shall grant the request for relief unless the court determines that the isolation or quarantine order is necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to an infectious or contagious disease.

Kentucky

Ky. Rev. Stat. § 214.020

Authority. When the Cabinet for Health and Family Services believes that there is a probability that any infectious or contagious disease will invade this state, it shall take such action and adopt and enforce such rules and regulations as it deems efficient in preventing the introduction or spread of such infectious or contagious disease or diseases within this state, and to accomplish these objects shall establish and strictly maintain quarantine and isolation at such places as it deems proper.

Louisiana

La. Rev. Stat. § 29:764

Authority. The state health officer has exclusive authority to isolate or quarantine to prevent the spread of contagious disease. If a parish becomes infected with a disease to the degree that it threatens to spread to another parish, the state health officer can quarantine that parish. Parish health officers may establish quarantine only with permission of the state health officer and parish legislative body, and shall be supervised by the state health officer.

Louisiana

La. Rev. Stat. Ann. § 40:6

Penalties. Whoever violates those provisions of the sanitary code dealing with the isolation or quarantine of communicable disease, or any person having such a communicable disease that may cause a severe health hazard to the community and who, after having been officially isolated or quarantined by any local health officer or by the state health officer or the duly authorized representative of either health officer, violates the provisions of the isolation or quarantine shall be fined not less than $50 nor more than $100 or be imprisoned for not more than two years, or both.

Maine

Maine Rev. Stat. tit. 22 § 802(2)

Authority. In the event of an actual or threatened epidemic or public health threat, the department may declare that a health emergency exists and may adopt emergency rules for the protection of the public health relating to procedures for the isolation and placement of infected persons for purposes of care and treatment or infection control.

Maine

Maine Rev. Stat. Ann. tit. 22 § 804

Penalties. Penalties. Any person who neglects, violates or refuses to obey the rules, or who willfully obstructs or hinders the execution of the rules, may be ordered by the department, in writing, to cease and desist. In the case of any person who refuses to obey a cease and desist order issued to enforce the rules adopted pursuant to section 802, the department may bring an action in district court to obtain an injunction enforcing the cease and desist order or to request a civil fine not to exceed $500, or both.

Maine

Maine Rev. Stat. Ann. tit. 22 § 810

Police Power & Limitations. Upon the department's submission of an affidavit showing by clear and convincing evidence that the person or property which is the subject of the petition requires immediate custody in order to avoid a clear and immediate public health threat, a judge of the district court or justice of the Superior Court may grant temporary custody of the subject of the petition to the department and may order specific emergency care, treatment or evaluation.

Maryland

Md. Ann. § Code 18-906

Authority. When the secretary of health determines that it is medically necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent, may order an individual or group of individuals to go to and remain in places of isolation or quarantine until the secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public. If a competent individual over the age of 18 refuses vaccination, medical examination, treatment or testing under this paragraph, may require the individual to go to and remain in places of isolation or quarantine until the secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public.

Maryland

Md. Ann. § Code 18-905

Penalties. A person who knowingly and willfully fails to comply with any order, regulation or directive is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $3,000, or both. If a health care facility fails to comply with an order, regulation or directive, the secretary may impose a civil penalty not to exceed $3,000 for each offense.

Maryland

Md. Ann. § Code 18-907

Police Power & Limitations.  Individuals should be informed of quarantine directive through best means available and have a hearing to contest the directive.

Massachusetts

Mass. Gen. Laws ch. 111 § 95

Authority. If a disease dangerous to the public health breaks out in a town, or if a person is infected or lately has been infected therewith, the board of health shall immediately provide such hospital or place of reception and such nurses and other assistance and necessaries as is judged best for his accommodation and for the safety of the inhabitants, and the same shall be subject to the regulations of the board. The board may cause any sick or infected person to be removed to such hospital or place, if it can be done without danger to his health; otherwise, the house or place in which he remains shall be considered as a hospital, and all persons residing in or in any way connected therewith shall be subject to the regulations of the board and, if necessary, persons in the neighborhood may be removed.

Massachusetts

Mass. Gen. Laws ch. 111 § 105

Penalties. If a physician or other person who is in any of the hospitals or places of reception mentioned in section 95, or who attends, approaches or is concerned with them, violates a regulation of the board of health relative thereto, he shall forfeit not less than $10 nor more than $100.

Massachusetts

Mass. Gen. Laws ch. 111 § 94G, 95

Police Power and Limitations. When the board of health of a town shall deem it necessary, in the interest of the public health, to require a resident wage earner to remain within such house or place or otherwise to interfere with the following of his employment, he shall receive from such town during the period of his restraint compensation to the extent of three-fourths of his regular wages, provided that the amount so received shall not exceed $2 for each working day.

Michigan

Mich. Comp. Laws § 333.2453

Authority. The local health officer may issue an emergency order to prohibit the gathering of people for any purpose and may establish procedures to be followed by persons, including a local governmental entity, during the epidemic to ensure continuation of essential public health services and enforcement of health laws. Emergency procedures shall not be limited to this code.

Michigan

Mich. Comp. Laws § 333.5207

Police Power & Limitations. An individual temporarily detained under subsection (1) shall not be detained longer than 72 hours, excluding Saturdays, Sundays, and legal holidays, without a court hearing to determine if the temporary detention should continue.

Minnesota

MN Stat. 144.419-144.4196

Authority. When necessary the commissioner of the Department of Health may establish and enforce a system of quarantine against the introduction into the state of any plague or other communicable disease by common carriers doing business across its borders.

Minnesota

MN Stat. 144.14

Penalties.

When necessary the commissioner may establish and enforce a system of quarantine against the introduction into the state of any plague or other communicable disease by common carriers doing business across its borders. Its members, officers, and agents may board any conveyance used by such carriers to inspect the same and, if such conveyance be found infected, may detain the same and isolate and quarantine any or all persons found thereon, with their luggage, until all danger of communication of disease therefrom is removed.

Minnesota

MN Stat. 144.419

Police Power & Limitations. Isolation and quarantine must be by the least restrictive means necessary to prevent the spread of a communicable or potentially communicable disease to others and may include, but are not limited to, confinement to private homes or other private or public premises. Isolated and quarantined individuals must be immediately released when they pose no known risk of transmitting a communicable or potentially communicable disease to others.

Before isolating or quarantining a person or group of persons, the commissioner of health shall obtain a written, ex parte order authorizing the isolation or quarantine from the District Court of Ramsey County, the county where the person or group of persons is located, or a county adjoining the county where the person or group of persons is located.

Minnesota

MN Stat. 144.4195

Due Process For Isolation or Quarantine of Persons. Notwithstanding subdivision 1, the commissioner of health may by directive isolate or quarantine a person or group of persons without first obtaining a written, ex parte order from the court if a delay in isolating or quarantining the person or group of persons would significantly jeopardize the commissioner of health's ability to prevent or limit the transmission of a communicable or potentially communicable life-threatening disease to others.

Mississippi

Miss. Code Ann. § 41-23-5 (2013)

Authority. The state department of health shall have the authority to investigate and control the causes of epidemic, infectious and other disease affecting the public health, including the authority to establish, maintain and enforce isolation and quarantine, and in pursuance thereof, to exercise such physical control over property and individuals as the department may find necessary for the protection of the public health.

Mississippi

Miss. Code Ann. § 41-23-1, 41-23-2

Penalties. Failure by a medical professional to report a communicable disease is grounds for loss of medical license. Any person who shall knowingly and willfully violate the lawful order of the county, district or state health officer where that person is afflicted with a life-threatening communicable disease or the causative agent thereof shall be guilty of a felony and, upon conviction, shall be punished by a fine not exceeding $5,000 or by imprisonment in the penitentiary for not more than five years, or by both.

Missouri

Mo. 19 CSR 20-20.050 (2008)

Authority. The local health authority, the director of the Department of Health or the director’s designated representative shall require isolation of a patient or animal with a communicable disease, quarantine of contacts, concurrent and terminal disinfection, or modified forms of these procedures necessary for the protection of the public health.

Missouri

Mo. Rev. Stat. § 192.320

Penalties. Any person or persons who shall leave any isolation hospital or quarantined house or place without the consent of the health officer having jurisdiction, or who evades or breaks quarantine or knowingly conceals a case of contagious, infectious or communicable disease, or who removes, destroys, obstructs from view or tears down any quarantine card, cloth or notice posted by the attending physician or by the health officer, or by direction of a proper health officer, shall be deemed guilty of a class A misdemeanor.

Montana

Mont. Code Ann.  § 50-1-204 (2003)

Authority. The department may adopt and enforce quarantine measures against a state, county or municipality to prevent the spread of communicable disease. If found necessary or desirable to protect public health, state and local health officers or their authorized deputies or agents shall isolate or quarantine persons who refuse examination or treatment. Local boards may quarantine persons who have communicable diseases. Local health officers or their authorized representatives shall establish and maintain quarantine and isolation measures as enacted by the local board of health.

Montana

Mont. Code Ann.  § 50-1-204 (2003)

Penalties. A person who does not comply with quarantine measures shall, on conviction, be fined not less than $10 or more than $100.

Montana

 

Police Power and Limitations. (Tuberculosis). The department or a local board may apply for an order from the district court if a person is reasonably suspected to have or to have been exposed to tuberculosis. The application must request that the person be ordered to:

  1. submit to an examination for tuberculosis and, if the person is found to have tuberculosis, to complete an approved course of treatment; or
  2. enter or return to a treatment location to complete an approved course of treatment.

Nebraska

Neb. Rev. Stat. § 71-501

Authority. The county boards of the counties shall make and enforce regulations to prevent the introduction and spread of contagious, infectious and malignant diseases in their respective counties. To that end a board of health shall be created, consisting of three members. The sheriff shall be chairperson and quarantine officer.

Nebraska

Neb. Rev. Stat. § 81-601

The Department of Health and Human Services Regulation and Licensure shall have general supervision and control over matters relating to public health and sanitation and shall provide for examination as provided in section 81-602 and have supervision over all matters of quarantine and quarantine regulations.

Nebraska

Neb. Rev. Stat. § 71-506

Penalties. Any person violating any of the provisions of sections 71-501 to 71-505, 71-507 to 71-513, or 71-514.01 to 71-514.05 or section 71-531 shall be guilty of a Class V misdemeanor for each offense, except that any person who willfully or maliciously discloses, except as provided by law, the content of any reports, notifications, or resulting investigations made under section 71-502 and subject to the confidentiality provisions of section 71-503.01 shall be guilty of a Class III misdemeanor. The Attorney General or the county attorney may, in accordance with the laws of the state governing injunctions and other process, maintain an action in the name of the state against any person or any private or public entity for violating sections 71-501 to 71-505, 71-507 to 71-513, or 71-514.01 to 71-514.05 or section 71-531 and the rules and regulations adopted and promulgated under such sections.

Nevada

NRS 441A.510-NRS 441A.-590

Isolation and Quarantine of Persons or Groups of Persons

Nevada

NRS 441A.510

Authority. 1. If a health authority isolates, quarantines or treats a person or group of persons infected with, exposed to, or reasonably believed by a health authority to have been infected with or exposed to a communicable disease, the authority must isolate, quarantine or treat the person or group of persons in the manner set forth in NRS 441A.510 to 441A.720, inclusive.

      2.  A health authority shall provide each person whom it isolates or quarantines pursuant to NRS 441A.510 to 441A.720, inclusive, with a document informing the person of his or her rights. The Board shall adopt regulations:

      (a) Setting forth the rights of a person who is isolated or quarantined that must be included in the document provided pursuant to this subsection; and

      (b) Specifying the time and manner in which the document must be provided pursuant to this subsection.

Nevada

NRS 441A.180

Penalties.  1. A person who has a communicable disease in an infectious state shall not conduct himself or herself in any manner likely to expose others to the disease or engage in any occupation in which it is likely that the disease will be transmitted to others.

      2. A health authority who has reason to believe that a person is in violation of subsection 1 shall issue a warning to that person, in writing, informing the person of the behavior which constitutes the violation and of the precautions that the person must take to avoid exposing others to the disease. The warning must be served upon the person by delivering a copy to him or her.

      3. A person who violates the provisions of subsection 1 after service upon him or her of a warning from a health authority is guilty of a misdemeanor.

Nevada

NRS 441A.580

 Police Power & Limitations.  1.  No application or certificate authorized under NRS 441A.560 or 441A.570 may be considered if made by a person on behalf of a medical facility or by a health authority, physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS or registered nurse who is related by blood or marriage to the person alleged to have been infected with or exposed to a communicable disease, or who is financially interested, in a manner that would be prohibited pursuant to NRS 439B.425 if the application or certificate were deemed a referral, in a medical facility in which the person alleged to have been infected with or exposed to a communicable disease is to be detained.

     2.  No application or certificate of any health authority or person authorized under NRS 441A.560 or 441A.570 may be considered unless it is based on personal observation, examination or epidemiological investigation of the person or group of persons alleged to have been infected with or exposed to a communicable disease made by such health authority or person not more than 72 hours before the making of the application or certificate. The certificate must set forth in detail the facts and reasons on which the health authority or person who submitted the certificate pursuant to NRS 441A.570 based his or her opinions and conclusions.

New Hampshire

N.H. Rev. Stat. Ann. §§ 141-C:4, 5

Authority. The commissioner shall establish, maintain and suspend isolation and quarantine to prevent the spread of communicable diseases and order persons who pose a threat to the life and health of the public to receive such treatment and care as necessary to eliminate the threat.

New Hampshire

N.H. Rev. Stat. Ann. §§ 141-C:21

Penalties. Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the provisions of RSA 141-C, or of the rules adopted pursuant to it, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

New Hampshire

N.H. Rev. Stat. Ann. §§ 141-C:11 to C:14

Police Power and Limitations. Isolation or quarantine shall be by the least restrictive means necessary to protect the citizenry which, in the case of an individual, shall be at a place of his or her choosing unless the commissioner determines such place to be impractical or unlikely to adequately protect the public health. The commissioner may, in ordering isolation or quarantine of persons, require that treatment be obtained.

New Jersey

N.J. Stat. § 26:4-2 (2005)

Authority. In order to prevent the spread of disease, the state department of health, and the local boards of health within their respective jurisdictions and subject to the state sanitary code, shall have power to maintain and enforce proper and sufficient quarantine, wherever deemed necessary.

New Jersey

N.J. Stat. §§ 26:4-129 (1918)

Penalties. Except as otherwise specifically provided in this chapter, a person who violates any of the provisions of this chapter, or fails to perform any duty imposed by this chapter at the time and in the manner provided, shall be liable  to a penalty of not less than ten nor more than one hundred dollars for each  offense.

New Jersey

N.J. Stat. §§ 26:4-3 (1893)

Police Power and Limitations. Whenever the state department or a local board, in order to prevent the spread of communicable disease, destroys any goods, the state treasurer or local treasurer, as the case may be, shall pay to the owner of the goods, or his legal representatives, the sum so certified.

New Jersey

N.J. Stat. § 26:13-16 (2005)

Job Protection. Any person who has been placed in isolation or quarantine pursuant to an order of the commissioner and who at the time of quarantine or isolation was in the employ of any public or private employer, other than a temporary position, shall be reinstated to such employment or to a position of like seniority, status and pay.

New Mexico

N.M. Stat. Ann. § 24-1-3

Authority. The Department of Health has authority to establish, maintain and enforce isolation and quarantine. The department of health may establish or require isolation or quarantine of any animal, person, institution, community or region.

New Mexico

N.M. Stat. Ann. § 24-1-15

Isolation or quarantine authorized. The secretary of health may isolate or quarantine a person as necessary during a public health emergency, using the procedures set forth in the Public Health Emergency Response Act.

New Mexico

N.M. Stat. Ann. § 12-10A-10

Penalties. The secretary of health, the secretary of public safety or the director may enforce the provisions of the Public Health Emergency Response Act by imposing a civil administrative penalty of up to $5,000 for each violation of that act.

New Mexico

N.M. Stat. Ann. § 12-10A-8

Police Power and Limitations. Isolation or quarantine shall be by the least restrictive means necessary to protect against the spread of a threatening communicable disease or a potentially threatening communicable disease to others and may include confinement to a private home or other private or public premises.

New Mexico

N.M. Stat. Ann. § 12-10A-8 C

Refusal of Treatment. A person isolated or quarantined pursuant to the provisions of the Public Health Emergency Response Act has the right to refuse medical treatment, testing, physical or mental examination, vaccination, specimen collections and preventive treatment programs.

New Mexico

N.M. Stat. Ann. § 24-1-15

Job Protection. An employer or an agent of an employer shall not discharge from employment a person who is placed in isolation or quarantine.

New York City    

NYC Health Code Article 3. §3.01 (c)

Authority. Subject to the provisions of the New York City Health Code or other applicable law, the New York City Department of Health and Mental Hygiene may take such action as may become necessary to assure the maintenance of public health, the prevention of disease, or the safety of the city and its residents.

New York City   

NYC Health Code Article 11. §11.17

Police Power and Limitations.

(a) It shall be the duty of an attending physician, or a person in charge of a hospital, clinic, nursing home or other medical facility to isolate a case, carrier, suspect case or suspect carrier of diphtheria, rubella (German measles), influenza with pandemic potential, invasive meningococcal disease, measles, monkeypox, mumps, pertussis, poliomyelitis, pneumonic form of plague, severe or novel coronavirus, vancomycin intermediate or resistant Staphylococcus aureus (VISA/VRSA), smallpox, tuberculosis (active), vaccinia disease, viral hemorrhagic fever or any other contagious disease that in the opinion of the commissioner may pose an imminent and significant threat to the public health, in a manner consistent with recognized infection control principles and isolation procedures in accordance with state Department of Health regulations or guidelines pending further action by the commissioner or designee.

 

(b) Whenever the person in charge of a shelter, group residence, correctional facility or other place providing medical care on-site is not capable of implementing appropriate isolation precautions for the specific disease, upon discovering a case, carrier, suspect case or suspect carrier of a contagious disease of the kind as set forth in subdivision (a), such person in charge shall mask such individual, if indicated, and shall isolate the individual by placing him or her in a single room as instructed by the department until such time as the individual can be transported to an appropriate healthcare facility that is capable of implementing appropriate isolation precautions for the specific disease.

 

(c) The person in charge of a school, day care facility, camp or other congregate care setting with children under the age of 6, homeless shelter, correctional facility, group residence or other congregate residential setting providing care or shelter shall, upon discovering a case, carrier, suspect case or suspect carrier of a contagious disease set forth in subdivision (a) shall mask such person, if indicated, and isolate the individual by placing him or her in a single room as instructed by the department until the person can be safely transferred to an appropriate medical facility for evaluation.

 

(d) A case, contact, carrier or suspect case, contact or carrier of a contagious disease set forth in subdivision (a) who is not hospitalized may, in accordance with the provisions of subdivision (k) of §11.23 of this article, be ordered by the department to remain in isolation or quarantine at home or other residence of his or her choosing that is acceptable to the department, under such conditions and for such duration as the department may specify to prevent transmission of the disease to others.

New York City

NYC Health Code Article 11. §11.31

Penalties. (a) No person shall intentionally or negligently cause or promote the spread of disease:

 

(1) By failure to observe, or by improper observance of, applicable requirements of isolation, quarantine, exclusion, treatment or other preventive measures, or by failing to take other precautions in caring for cases or carriers, or suspect cases or carriers of a contagious disease; or

 

(2) By unnecessarily exposing himself or herself to other persons, knowing himself or herself to be a case or carrier, or suspect case or carrier of a contagious disease; or,

 

(3) By unnecessarily exposing a person in his or her charge or under his or her care, knowing such person to be a case or carrier or suspect case or carrier of a contagious disease, to other persons; or,

 

(4) By unnecessarily exposing a person in his or her charge or under his or her care to another person who is known to be a case or carrier, or suspect case or carrier of a contagious disease; or,

 

(5) By unnecessarily exposing the remains of a person in his or her charge or under his or her care, knowing such person to have been a case or carrier or suspect case or carrier of a contagious disease at the time of his or her death, to other persons.

New York

N.Y. Public Health Law § 2100

Authority. Every local board of health and every health officer may provide for care and isolation of cases of communicable disease in a hospital or elsewhere when necessary for protection of the public health.

New York

N.Y. Public Health Law § 2120

Penalties. 1. Whenever a complaint is made by a physician to a health officer that any person is afflicted with a communicable disease or is a carrier of typhoid fever, tuberculosis, diphtheria or other communicable disease and is unable or unwilling to conduct himself and to live in such a manner as not to expose members of his family or household or other persons with whom he may be associated to danger of infection, the health officer shall forthwith investigate the circumstances alleged. 2. If the health officer finds after investigation that a person so afflicted is a menace to others, he shall make and file a complaint against such person with a magistrate, and on such complaint the said person shall be brought before such magistrate. 3. The magistrate after due notice and a hearing, if satisfied that the complaint of the health officer is well-founded and that the afflicted person is a source of danger to others, may commit the said person to any hospital or institution established for the care of persons suffering from any such communicable disease or maintaining a room, ward or wards for such persons. 4. In making such commitment the magistrate shall make such order for payment for the care and maintenance of the person committed as he may deem proper. 5. A person who is committed pursuant to the provisions of this section shall be deemed to be committed until discharged in the manner authorized by section 2,123 of this chapter. See more at: http://codes.lp.findlaw.com/nycode/PBH/21/2/2120#sthash.pK1brPk2.dpuf

New York

N.Y. Public Health Law § 2120

Police Power and Limitations. The magistrate after due notice and a hearing, if satisfied that the complaint of the health officer is well-founded and that the afflicted person is a source of danger to others, may commit the said person to any hospital or institution established for the care of persons suffering from any such communicable disease or maintaining a room, ward or wards for such persons.

North Carolina

N.C. Gen. Stat. § 130A-145

Authority. The state health director and a local health director are empowered to exercise quarantine and isolation authority.

North Carolina

N.C. Gen. Stat. § 130A-41, 130A-45, -45.1, -45.2, -45.3, -45.4, -45.5-45.6

Police Power and Limitations. Quarantine or isolation can be imposed for 30 days. The individual so restricted can challenge the order in superior court. The period of restriction can be increased a further 30 days if still necessary for protection of public health by petition to the superior court.

North Dakota

ND Cent. Code § 23-07-06-02 (1)

Authority. The state health officer or any local health officer may order any person or group into confinement by a written directive if there are reasonable grounds to believe that the person or group is infected with any communicable disease, the state health officer or local health officer determines that the person or group poses a substantial threat to the public health, and confinement is necessary and is the least restrictive alternative to protect or preserve the public health.

North Dakota

ND Cent. Code § 23-07-06-02(3)

Penalties. Persons subject to isolation or quarantine shall obey the health officer's rules and orders and must not go beyond the isolation or quarantine premises. Failure to obey these provisions is a class B misdemeanor.

North Dakota

ND Cent. Code § 23-07-06-02 (4)b

A person, other than a person authorized by the state or local health officer, must not enter isolation or quarantine premises. Failure to obey this provision is a class B misdemeanor.

North Dakota

ND Cent. Code § 23-07-06-08

Police Power & Limitations. The state or a local health officer, within that officer's jurisdiction, may temporarily isolate or quarantine an individual or groups of individuals through a written directive if delay in imposing the isolation or quarantine would significantly jeopardize the health officer's ability to prevent or limit the transmission of a contagious or possibly contagious disease to others.

North Dakota

ND Cent. Code § 23-07-06-08

At a hearing conducted under this chapter, the health officer who ordered confinement has the burden of showing by a preponderance of the evidence that the respondent is infected with a communicable disease, poses a substantial threat to the public health, and that confinement Page No. 3 of the respondent is necessary and is the least restrictive alternative to protect or preserve the public health.

Ohio

Ohio R.C. § 3701.13

Authority. The department of health shall have supervision of all matters relating to the preservation of the life and health of the people and have ultimate authority in matters of quarantine and isolation, which it may declare and enforce, when neither exists, and modify, relax, or abolish, when either has been established.

Ohio

Ohio R.C. § 3707.08

When a person known to have been exposed to a communicable disease declared quarantinable by the board of health of a city or general health district or the department of health is reported within its jurisdiction, the board shall at once restrict such person to his place of residence or other suitable place, prohibit entrance to or exit from such place without the board's written permission in such manner as to prevent effective contact with individuals not so exposed, and enforce such restrictive measures as are prescribed by the department.

Ohio

Ohio R.C. § 3707.15

Penalties. Any person that employs an alien who is not legally present in the United States and has a contagious or infectious disease contracted before or during employment shall pay to the municipal corporation, township, or county in which the alien is employed any expense caused by the contagious or infectious disease.

Ohio

Ohio R.C. § 3707.09

Police Power & Limitations. The board of health of a city or general health district may employ as many persons as are necessary to execute its orders and properly guard any house or place containing any person affected with or exposed to a communicable disease declared quarantinable by the board or the department of health. The persons employed shall be sworn in as quarantine guards, shall have police powers, and may use all necessary means to enforce sections 3707.01 to 3707.53, inclusive, of the Revised Code, for the prevention of contagious or infectious disease, or the orders of any board made in pursuance thereof.

Ohio

Ohio R.C. § 3707.31

When great emergency exists, the board of health of a city or general health district may seize, occupy, and temporarily use for a quarantine hospital a suitable vacant house or building within its jurisdiction. The board of a district within which is located a municipal corporation having a quarantine hospital shall have exclusive control of such hospital.

Oklahoma

Okla. Stat. Title 63 § 1-502(a)

Authority. The State Board of Health shall have authority to adopt such rules and regulations, not inconsistent with law, as it deems necessary to aid in the prevention and control of communicable disease.

Oklahoma

Okla. Stat. Title 63 § 1-504(a)

Whenever a local health officer determines or suspects that a person has been exposed to and may be incubating a communicable disease of public health concern, the local health officer may impose a quarantine upon such person and require such person to remain out of public contact and in the place or premises where such person usually stays. Notice thereof shall be given in accordance with the rules and regulations of the State Board of Health.

Oklahoma

Okla. Stat. Title 21 § 48-1195

Penalties. Every person who having been lawfully ordered by any health officer to be detained in quarantine and not having been discharged leaves the quarantine grounds or willfully violates any quarantine law or regulation, is guilty of a misdemeanor.

Oklahoma

Okla. Stat. Title 63 § 1-504(c)

Police Power & Limitations. District courts shall be authorized to grant injunctive relief, including temporary injunctions and temporary restraining orders, to compel compliance with a quarantine or isolation order issued by a local health officer pursuant to this section.

Oregon

Or. Rev. Stat. § 433.121 (1)

Authority. The public health director or a local public health administrator may issue an emergency administrative order causing a person or group of persons to be placed in isolation or quarantine if the public health director or the local public health administrator has probable cause to believe that a person or group of persons requires immediate detention in order to avoid a clear and immediate danger to others and that considerations of safety do not allow initiation of the petition process set out in ORS 433.123.

Oregon

Or. Rev. Stat. § 433.123 (13)

Penalties. Failure to obey a court order issued under this section subjects the person in violation of the order to contempt proceedings under ORS 33.015 to 33.155.

Oregon

Or. Rev. Stat. § 433.121 (1-6)

Police Power & Limitations. Provides requirements for issuing an emergency administrative order and a system for petitioning the court for an ex parte order.

Pennsylvania

Pa. Code Title 28 § 27.60 (A)

Authority. The Department or local health authority shall direct isolation of a person or an animal with a communicable disease or infection; surveillance, segregation, quarantine or modified quarantine of contacts of a person or an animal with a communicable disease or infection; and any other disease control measure the Department or the local health authority considers to be appropriate for the surveillance of disease, when the disease control measure is necessary to protect the public from the spread of infectious agents.

Pennsylvania

Pa. Code Title 28 § 27.61

The Department or local health authority shall ensure that instructions are given to the case or persons responsible for the care of the case and to members of the household or appropriate living quarters, defining the area within which the case is to be isolated and identifying the measures to be taken to prevent the spread of disease.

Pennsylvania

 

Pa. Code Title 28 § 27.65 1-2

Police Power & Limitations.  If the disease is one which the Department, or a local health authority which is also an LMRO, determines to require the quarantine of contacts in addition to isolation of the case, the Department or local health officer of the LMRO shall determine which contacts shall be quarantined, specify the place to which they shall be quarantined, and issue appropriate instructions.

Rhode Island

R.I. Gen. Laws § 23-8-4

Authority (General). If the state director of health, or his or her duly authorized agent, determines, upon investigation, that a threat to the public health exists because any person is suffering, or appears to be suffering, from a communicable disease, the director or his or her authorized agent may cause that person to be confined, in some proper place, for the purpose of isolation or quarantine, until the threat to the public health has abated.

Rhode Island

R.I. Gen. Laws §§ 23-8-18

Authority (Governor). The power to establish quarantine in this state shall also be vested in the governor; and whenever the governor shall deem it advisable for the preservation of public health and the prevention of the spread of infectious diseases, he or she may, by proclamation, place under quarantine the whole state or that portion of the state that he or she may deem necessary, and he or she shall authorize and empower the state director of health to take any action and make and enforce any rules and regulations that may be deemed necessary to prevent the introduction and restrict the spread of infectious diseases in the state.

Rhode Island

R.I. Gen. Laws § 23-8-21

Authority (Local). It shall be the duty of the several city and town councils to require their officers to enforce the rules and regulations mentioned and referred to in this section within their respective cities and towns.

Rhode Island

R.I. Gen. Laws § 23-8-7

Penalties. Any person who is confined by the director or his or her authorized agent under the provision of § 23-8-4 and who violates that confinement shall be punished by a fine of not more than $50 or by imprisonment for not more than 90 days, or both.

Rhode Island

R.I. Gen. Laws § 23-8-21

Any person knowingly violating any of those rules and regulations so made and established shall, upon conviction, be fined not more than $50 or be imprisoned not more than two years.

Rhode Island

R.I. Gen. Laws § 23-8-4

Police Power & Limitations. Orders under this chapter shall be in accordance with the procedures for compliance order and immediate compliance orders set forth in §§ 23-1-20 – 23-1-24. A person subject to quarantine under this section shall be entitled to file a petition for relief from such order at any time, included, but not limited to, a petition based upon compliance with a treatment under less restrictive alternatives.

South Carolina

S.C. Code Ann. § 44-4-530

Authority. During a public health emergency, DHEC may isolate or quarantine an individual or groups of individuals.

South Carolina

S.C. Code Ann. § 44-4-530 (C)

Penalties. A person subject to isolation or quarantine must comply with DHEC's rules and orders, and must not go beyond the isolation or quarantine premises. Failure to comply with these rules and orders constitutes a felony and, upon conviction, a person must be fined not more than $1,000 or imprisoned not more than 30 days, or both.

South Carolina

S.C. Code Ann. § 44-1-80

Police Power & Limitations. The Board of Health and Environmental Control or its designated agents shall investigate the reported causes of communicable or epidemic disease and shall enforce or prescribe such preventive measures as may be needed to suppress or prevent the spread of such diseases by proper quarantine or other measures of prevention, as may be necessary to protect the citizens of the state. All sheriffs and constables in the several counties of this state and police officers and health officers of cities and towns shall aid and assist the director of the Department of Health and Environmental Control and shall carry out and obey his orders, or those of the Department of Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed.

South Carolina

S.C. Code Ann. § 44-4-540 (B) 4

DHEC may temporarily isolate or quarantine an individual or groups of individuals through an emergency order signed by the commissioner or his designee, if delay in imposing the isolation or quarantine would significantly jeopardize DHEC's ability to prevent or limit the transmission of a contagious or possibly contagious disease to others. Within 10 days after issuing the emergency order, DHEC must file a petition for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or groups of individuals, for a maximum of 30 days per granted order.

South Dakota

S.D. Codified Laws Ann. § 34-1-17

Authority. The Department of Health may adopt and enforce orders and rules necessary to preserve and protect the public health and may regulate, control and, in proper cases, prohibit and suppress: the treatment in hospitals and elsewhere of persons suffering from communicable diseases, the disinfection and quarantine of persons and places in case of such disease, and the reporting of sickness and deaths therefrom.

South Dakota

S.D. Codified Laws Ann. §§ 34-22-5

Penalties. Every person who intentionally exposes himself or another person infected with any contagious disease in any public place or thoroughfare, except in his necessary removal in a manner not dangerous to the public health, is guilty of a Class 2 misdemeanor.

Tennessee

Tenn. Code Ann. § 68-1-201; Tenn. Code Ann. § 68-1-204

Authority. The commissioner of health, appointed by the governor, has the power to declare quarantine whenever he or she determines the welfare of the public requires it. The commissioner has the authority to prescribe rules and regulations deemed proper for the prevention of epidemic diseases in the state. In the event of an emergency or disaster that involves the outbreaks of disease that present a danger of an epidemic, the commissioner shall make appropriate recommendations to the governor for actions under this title and title 58, chapter 2, to allocate all available heath care resources in the affected areas for immediate and long-term health care needs of the affected populations.

Tennessee

Tenn. Code Ann. § 68-2-609

The county health officer is empowered to order the quarantine of any place or person if the county health officer finds that such control is necessary to protect the public health from an epidemic.

Tennessee

Tenn. Code Ann. § 68-9-201 et. seq.

The commissioner and all state, district, county or municipal health officers are authorized, directed and empowered to implement control measures that are reasonable and necessary to prevent the introduction, transmission and spread of tuberculosis in this state.

Tennessee

Tenn. Code Ann. § 68-1-203

Penalties. Any person who willfully disregards or evades quarantine, or violates any rule or regulation made in attempting to prevent the spread of any epidemic disease, commits a Class B misdemeanor.

Texas

Texas Health and Safety Code § 81.001 et seq.

Authority. The executive commissioner is responsible for the general statewide administration of the control and prevention of communicable disease in the state. The commissioner may impose an area quarantine, if he or she has reasonable cause to believe that individuals or property in the area may be infected or contaminated with a communicable disease, for the period necessary to determine whether an outbreak of communicable disease has occurred. A health authority may impose a quarantine only within the boundaries of the health authority's jurisdiction. The department, or the local health department having jurisdiction over the location where an individual who is subject to supervision is found, may issue an order for the individual's temporary involuntary treatment, quarantine or isolation.

Texas

Texas Health and Safety Code §§ 122.005, 122.006

A home-rule municipality may adopt rules to protect the health of persons in the municipality, including quarantine rules to protect the residents against communicable disease.

Texas

Texas Health and Safety Code § 81.085 (h)

Penalties. A person commits an offense if the person knowingly fails or refuses to obey a rule, order or instruction of the department or an order or instruction of a health authority issued under a department rule and published during an area quarantine under this section. An offense under this subsection is a felony of the third degree.

Texas

Texas Health and Safety Code § 81.083; § 81.085

Police Power & Limitations. The state, a county or a hospital district shall pay for medical expenses if an individual is indigent and cannot pay and if that individual is not eligible for benefits under an insurance contract. In addition to the rights of an individual described in Subsections (1) and (2), an individual subject to an order of restriction may not be terminated from employment if the reason for termination is based solely on the fact that the individual is or was subject to an order of restriction.

Utah

Utah Code Ann. § 26-6b et seq.

Authority. The Department of Health may adopt rules as necessary to administer the provisions of this chapter, applicable to the involuntary examination, treatment, isolation, and quarantine actions applied to individuals or groups of individuals by the department or a local health department.

Utah

Utah Code Ann. § 26-6b-9

Police Power & Limitations. If a local health department obtains approval from the Department of Health, the costs that the local health department would otherwise have to bear for examination, quarantine, isolation, and treatment ordered under the provisions of this chapter shall be paid by the Department of Health to the extent that the individual is unable to pay and that other sources and insurance do not pay.

Vermont

Vt. Stat. Ann. tit. 18 § 1004

Authority. A physician who knows or suspects that a person whom he or she has been called to attend is sick or has died of a communicable disease dangerous to the public health shall immediately quarantine and report to the health officer the place where such case exists, but if the attending physician, at the time of his or her first visit, is unable to make a specific diagnosis, he or she may quarantine the premises temporarily and until a specific diagnosis is made, and post thereon a card upon which the word "quarantine" should be plainly written or printed. Such quarantine shall continue in force until the health officer examines and quarantines as is provided in this title.

Vermont

Vt. Stat. Ann. tit. 18 § 1004a

The commissioner of health shall have the power to quarantine a person diagnosed or suspected of having a disease dangerous to the public health.

Virginia

Va. Code § 32.1-42 et. seq.

Authority. The Board of Health may promulgate regulations and orders to meet any emergency or to prevent a potential emergency caused by a disease dangerous to public health or any communicable disease of public health threat involved in an order of quarantine or isolation pursuant to § 32.1-48.05 et seq. The state health commissioner shall have the authority to require quarantine, isolation, immunization, decontamination or treatment of any individual or group of individuals when he determines any such measure to be necessary to control the spread of any disease of public health importance and the authority to issue orders of isolation.

Washington

Wash. Rev. Code §43.20.050

Authority. The state board of health shall provide a forum for the development of public health policy in Washington state, including adopting rules for the imposition and use of isolation and quarantine.

Washington

Wash. Rev. Code §70.28.033

Penalties. Inasmuch as the order provided for by RCW 70.28.031, for the control of tuberculosis, is for the protection of the public health, any person who, after service upon him or her of an order of a health officer directing his or her treatment, isolation or examination as provided for in RCW 70.28.031, violates or fails to comply with the same or any provision thereof, is guilty of a misdemeanor and, upon conviction thereof, in addition to any and all other penalties which may be imposed by law upon such conviction, may be ordered by the court confined until such order of such health officer shall have been fully complied with or terminated by such health officer, but not exceeding six months from the date of passing judgment upon such conviction.

Washington

Wash. Rev. Code §70.28.031 

Police Power and Limitations. The state board of health shall adopt rules establishing the requirements for due process standards for health officers exercising their authority to involuntarily detain, test, treat or isolate persons with suspected or confirmed tuberculosis that provide for release from any involuntary detention, testing, treatment or isolation as soon as the health officer determines the patient no longer represents a risk to the public's health.

West Virginia

W. Va. Code § 16-3-1 et seq.

Authority. State director of health authority is empowered to quarantine and to enforce regulations; state board of health authority to issue regulations to control infectious or contagious diseases. The state director of health is empowered to establish and strictly maintain quarantine at such places as he or she may deem proper and forbid and prevent the assembling of the people in any place, when the state director of health or any county or municipal health officer deems that the public health and safety so demand, and the state board of health may adopt rules and regulations to obstruct and prevent the introduction or spread of smallpox or other communicable or infectious diseases into or within the state, and the state director of health shall have the power to enforce these regulations by detention and arrest, if necessary. The county board of health of any county may declare quarantine therein, or in any particular district or place therein, whenever in their judgment it is necessary to prevent the spread of any communicable or infectious disease prevalent therein, or to prevent the introduction of any communicable or infectious disease prevailing in any other state, county or place, and of any and all persons and things likely to spread such infection.

West Virginia

W. Va. Code § 16-3-2

Penalties. Every person who shall fail or refuse to comply with any order made by such board under this section, and every person summoned as such guard who shall, without a lawful excuse, fail or refuse to obey the orders and directions of such board in enforcing said quarantine, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $25 nor more than $200. In cases of emergency or actual necessity, and when the county commission or corporate authorities are from any cause unable to meet or to provide for the emergency or the necessity of the case, all actual expenditures necessary for local and county quarantine, as provided for in this section, shall be certified by the county board of health to the county commission, and the whole, or as much thereof as the said commission may deem right and proper, shall be paid out of the county treasury.

West Virginia

W. Va. Code § 16-3-1

Police Power and Limitations. The state director of health shall have power to enter into any town, city, factory, railroad train, steamboat or other place whatsoever, and enter upon and inspect private property for the purpose of investigating the sanitary and hygienic conditions and the presence of cases of infectious diseases, and may, at his discretion, take charge of any epidemic or endemic conditions, and enforce such regulations as the state board of health may prescribe. All expenses incurred in controlling any endemic or epidemic conditions shall be paid by the county or municipality in which such epidemic occurs.

Wisconsin

Wis. Stat. § 252.06 (1)

Authority. The department or the local health officer acting on behalf of the department may require isolation of the patient or an individual, quarantine of contacts, concurrent and terminal disinfection, or modified forms of these procedures as may be necessary, and which are determined by the department by rule.

Wisconsin

Wis. Stat. § 252.06 (4)(b)

Penalties. No person, other than a person authorized by the public health authority or agent of the public health authority, may enter an isolation or quarantine premises. A violation is subject to a fine not to exceed $10,000 or imprisonment not to exceed nine months, or both.

Wisconsin

Wis. Stat. § 252.06 (10)

Police Power and Limitations. Expenses for necessary medical care, food and other articles needed for the care of the infected person shall be charged against the person or whoever is liable for the person's support.

Wyoming

Wyo. Stat § 35-1-240

Authority. The department of health shall have the following powers and duties: establish, maintain and enforce isolation and quarantine, and in pursuance thereof, and for such purpose only, to exercise such physical control over property and over the persons of the people within this state as the state health officer may find necessary for the protection of the public health.

Wyoming

Wyo. Stat § 35-4-104 In case of the existence of any infectious or contagious disease, including venereal diseases, that is a menace to public health, or of any epidemic of any such disease, the state health officer may, if he deems proper, proceed to the locality where such disease exists, and make such investigation as is necessary to ascertain the cause therefor, and in case of quarantine established by the county health officer, the state health officer shall have power after close personal inspection, to modify or abrogate any or all quarantine regulations after the same have been established.

Wyoming

Wyo. Stat § 35-4-105

Penalties. Any person or persons confined in any quarantine established in this state under the provisions of this act who shall escape therefrom or attempt to escape therefrom, without having been dismissed upon the certificate or authority of the county health officer may be charged with a crime. Upon conviction of a violation of this section, a person may be punished by a fine of not more than $500 or imprisonment for not more than one year.

Sources: NCSL, 2010, 2014, 2020. NOTE: This chart provides a synopsis of the laws discussed in it, but it is not intended to be used as comprehensive legal guidance.