State Quarantine and Isolation Statutes

10/29/2014

health

Public health quarantine and isolation are legal authorities that may be, but rarely are, implemented to prevent the spread of communicable diseases. Isolation may be used for ill people, 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, for example, people who have a communicable disease but do not know it, or 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.

CDC's authority to exercise quarantine and isolation powers for specific diseases derives from the federal Public Health Service Act and a series of presidential Executive Orders most recently updated in 2014. 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 (Lassa, Marburg, Ebola, Crimean-Congo, South American, and others not yet isolated or named); Influenza caused by new or reemergent flu viruses that are causing, or have the potential to cause, a pandemic; and severe acute respiratory syndromes.

Quarantine and isolation are defined as:

Quarantine: Compulsory separation, including restriction of movement, of people who have potentially been exposed to a contagious disease, until it can be determined whether they have become sick or no longer pose a risk to others, for example, based on 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 disease to others.

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. According to a survey conducted for the Trust for America's Health in 2007, "nearly 9 out of 10 Americans say they would abide by a voluntary quarantine and stay home in the case of an outbreak of a pandemic flu. Willingness to accept this type of quarantine exists across the public at high levels. Among the 10 percent who say they would not adhere to the government's request of a voluntary quarantine, most indicate that they could not stay at home due to fears of losing needed income (64 percent) or losing their jobs altogether (39 percent)."

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.

Additional Resources:

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.

The box below allows you to conduct a full text search or use the dropdown menu option to select a state.

 

State/Jurisdiction

Statute Citation (Last Amend)

Statute Summary

Alabama

Quarantine Laws and Regulations

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. They shall also supervise county boards.

Alabama

Ala. Code § 22.12.1 to 22.12.29

Alabama

Ala. Code § 22.3.2 (1940)

Alabama

Ala. Code § 22.12.9-29 (1940)

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, to those required to provide notification of notifiable diseases who willfully neglect to do so, to 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.6 (1987)

Alabama

Ala. Code § 22.11A.7 (1987)

Police Power and 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.

Alabama

 

Alaska

Isolation & Quarantine

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. § 26.23.020 (2004)

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 and Limitations. The department must allow isolation in 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.

 

Alaska

 

Arizona

Isolation and Quantine; Emergency Authority. Ariz. Rev. Stat. § 36.788-789

Authority. The Governor along with the state director of health services have 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 ten days. The maximum court order for quarantine is thirty days before requiring a new order.

Arizona

Quarantine and Sanitary measures. 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

Local Health Authority

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. §§ 14-262-101 to 109 (2010)

Arkansas

Ark. Stat. Ann. §§ 20-7-109 (1997)

Arkansas

Arkansas State Health Board Rules and Regulations, Communicable Diseases, Section X (2002)

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 to twelve 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 (2008)

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. § 25-1-517 (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

Orders of Quarantine or Isolation

Authority. In the event of a state-wide or regional health emergency, the Governor my authorize the Public Health Commission to quarantine or isolate individuals reasonable 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. § 368e-19a-221 (2003)

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 $1000 and/or imprisoned for no more than a year.

Connecticut

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

Police Power and Limitations. Quarantine is only appropriate if it is the least restrictive option to protect public health, 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

Communicable diseases; regulations; quarantine. Del. Code Ann. tit. 16 §505 (2002)

Authority. The Director of the Division of Public Health or a designee may regulate communicable diseases through isolation or quarantine. The public safety authority shall petition the Superior court for an order granting quarantine. If a physician determines immediate quarantine necessary for public health, petition should be filed within 24 hours.

Delaware

Isolationand quarantine during public health emergency. Del. Code Ann. tit. 20 §3136 (2002)

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

Duties and Powers. Fla. Stat. § 381.0011 (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

Public Health Emergencies; quarantines

Florida

Fla. Stat. § 381.00315 (2012)

Florida

Fla. Stat. § 381.0025 (1996)

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

Georgia

Grant of Authority

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 § 31-2-1 (2014)

Georgia

Ga. Code § 31-3-2.1 (2014)

Georgia

Ga. Code § 38-3-51 (2014)

Georgia

 

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

 

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. § 128-8 (1986)

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

Infected persons and quarantine. Hawaii Rev. Stat. § 325-8

Hawaii

 

Hawaii

Hawaii Rev. Stat. § 325-2 (1988)

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. § 325-8 (2002)

Hawaii

Infected persons and quarantine. Hawaii Rev. Stat. § 128-8 (1986)

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.

Hawaii

Hawaii Rev. Stat. § 325-8 (2002)

Idaho

Idaho Admin. Code § 16.02.10.065 (2008)

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

Quarantine. Idaho Code § 39-415

Idaho

Idaho Code § 50-304 (cities)

Idaho

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

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 which requires this action.

Illinois

County Bd of Health Powers. Ill. Rev. Stat. ch. 55 § 5/5-20001

Illinois

Local Powers. Ill. Rev. Stat. ch. 65 § 5/7-4-1 (1961)

Illinois

Ill. Admin. Code. 77 § 690.1000 (2008)

Illinois

Ill. Rev. Stat. ch. 20 § 2305/2

Penalties. Anyone who knowingly disseminates false information related to contagious disease or violates a quarantine order is guilty of a Class A misdemeanor.

Illinois

Ill. Rev. Stat. ch. 20 § 2305/2

Police Power and 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 and shall be given written notice of the order. The Department may order physical examinations or tests, provided the tests pose no substantial risk of harm, and vaccinate or treat diseases. They may quarantine or isolate those who do not consent to testing to confirm suspected disease or treatment of identified disease.

Indiana

Quarantine. Ind. Code § 16-19-3-9 (2014)

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 (2007)

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

Indiana

Indiana

Ind. Code Ann. § 16-41-9-1.5 (2007)

Police Power and Limitations. A local health authority can receive an emergency quarantine order lasting 72 hours if individual is likely to spread disease in time prior to proper notification and hearing for individual.

Iowa

Duties. Iowa Code § 136.3

Authority. The state board of health is the policy making body for the Department of Public Health, and shall advise the Department on issues including quarantine and isolation. The state Department of Health and local boards of health are authorized to impose and enforce quarantine and isolation as the particular situation requires.

Iowa

Iowa Admin. Code § 641-1.9(2) (2009)

Iowa

Iowa Code § 139A.25

Penalties. A person who knowingly violates a quarantine or isolation rule or lawful order is guilty of a simple misdemeanor. A clinical laboratory that fails to file a mandated report shall be subject to a fine no greater than one thousand dollars per occurrence.

Iowa

Communicable and Infectious Disease. Iowa Code § 139A.4; 199A.5; 139A.13

Police Power and 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. § 14-307 (1923)

Authority. If a county board of health or local health officer neglects to properly contain a disease, the Secretary of Health and Environment can quarantine any area where the disease threatens to become epidemic. A county or joint board of health shall exercise and maintain supervision over any incidence of communicable disease and enforce provisions pertaining to quarantine and isolation. It shall report existing conditions to the Secretary of Health and Environment. A mayor has jurisdiction, for the purpose of quarantine, extending five miles beyond the corporate limits.

Kansas

Duties and powers of local health officers. Kan. Stat. Ann. § 65-119, 126

Kansas

Penalties for Unlawful Acts. 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

Orders for isolation or quarantine. Kan. Stat. Ann. § 65-129b, 129c

Police Power and Limitations. A county or joint board of health or local health officer can prohibit public gatherings when necessary to control infectious or contagious disease.

Kentucky

Local Health Programs. Ky. Rev. Stat. § 212.370

Authority. When the Cabinet of Health Services believes there is likely outbreak of an infectious disease, it shall adopt and enforce rules as necessary to prevent introduction or spread of disease including quarantine and isolation. City-county boards of health have exclusive control over enforcement of laws and regulations related to public health, including quarantine.

Kentucky

Spread of Disease. Ky. Rev. Stat. § 214.020 (2005)

Louisiana

Sanitary Code. La. Rev. Stat. Ann. § 40:3, 4,7,15

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

Public Health Emergency Plan. La. Rev. Stat. § 29:764

Louisiana

Penalties. 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 fifty dollars nor more than one hundred dollars or be imprisoned for not more than two years, or both.

Louisiana

Louisiana

Maine

Authority of Department. Maine Rev. Stat. tit. 22 § 802(2)

Authority. In the event of an actual or threatened epidemic or outbreak of a communicable or occupational disease, the department may declare that a health emergency exists and may adopt emergency rules for the protection of the

Maine

Extreme Public Health Emergency. Maine Rev. Stat. Ann. tit. 22 § 820

public's health relating to procedures for the isolation and placement of infected persons for purposes of care and treatment or infection persons which shall be subject to the supervision and regulations of the department.

Maine

Penalties. La. Rev. Stat. Ann. § 40:6

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 § 825

Any person who knowingly and willfully fails to comply with reporting requirements for notifiable diseases or conditions commits a civil violation for which a fine of not more than $250 may be adjudged.

Maine

Emergency Temporary Custody. Maine Rev. Stat. Ann. tit. 22 § 810

Police Power and 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.

Maine

Maine Rev. Stat. Ann. tit. 26 § 875 (2005)

An employer shall grant reasonable and necessary leave from work, with or without pay, for an employee for reasons related to an extreme public health emergency, with limited exceptions.

Maryland

Quarantine. 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 1 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 and Limitations. Individuals should be informed of quarantine directive through best means available and have a hearing to contest the directive.

Maryland

 

It shall be unlawful for any public or private employer to discharge an employee who is under an order of isolation or quarantine or because of such an order. 

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 ninety-five, 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 ten nor more than one hundred dollars.

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 two dollars for each working day.

Massachusetts

The full financial responsibility for the care and treatment of patients hospitalized at the tuberculosis treatment center shall be on the commonwealth. The placing of such financial responsibility on the commonwealth for the patients shall in no way affect the residence or other matters concerning the family or dependents of the patients.

 

Any person hospitalized at the treatment center may petition the district court which committed him to release him therefrom.

Michigan

Involuntary detention. 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 insure continuation of essential public health services and enforcement of health laws. Emergency procedures shall not be limited to this code.

Michigan

Mich. Admin. Code § 325.175 (1993)

A physician or other person who attends to a case of communicable disease shall arrange for appropriate barrier precautions, treatment, or isolation if needed to prevent the spread of infection to other household members, patients, or the community.

Michigan

Protection of Public Health in Emergency. Mich. Comp. Laws § 333.5207

Police Power and Limitations. A local health department or the department may provide for the involuntary detention and treatment of individuals with hazardous communicable disease.

Minnesota

Minn. Stat. §§ 144.12

To protect the public health in an emergency, upon the filing of an affidavit by a department representative or a local health officer, the circuit court may order the department representative, local health officer, or a peace officer to take an individual whom the court has reasonable cause to believe is a carrier and is a health threat to others into custody and transport the individual to an appropriate emergency care or treatment facility for observation, examination, testing, diagnosis, or treatment and, if determined necessary by the court, temporary detention.

Minnesota

Quarantine of Interstate Carriers. Minn. Stat. §§ 144.14

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

Minn. Stat. §§ 144.12, 144.14

The physician attending a case, suspected case, or carrier (or in the absence of a physician, the commissioner) shall make certain that isolation precautions are taken to prevent spread of disease to others.

Minnesota

Isolation and Quarantine of Persons. Minn. Stat. §§ 144.419, 4195, 4196 (2009)

Police Power and Limitations. The department's 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

 

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.

Minnesota

 

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.

Mississippi

Quarantine in General. 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

 

The State Board of Health shall have authority: To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.

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. 

Mississippi

Any person knowingly violating any rule or regulation promulgated by the state board of health, related to quarantine for sexually transmitted diseases, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine or imprisonment or both. 

Missouri

Mo. Rev. Stat. § 79.380 (2013)

Authority. The Board of Alderman may make regulations and pass ordinances for the prevention of the introduction of contagious diseases in the city, and for the abatement of the same, and may make quarantine laws and enforce the same within five miles of the city.

Missouri

Mo. 19 CSR 20-20.050 (2008)

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

Violation of Quarantine. 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

Quarantine and isolation measures. 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.  § 50-2-116, 118 (2007)

Montana

Mont. Code Ann.  § 50-18-107 (1989)

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

Tuberculosis. Mont. Code Ann. § 50-17-105

Police Power and Limitations. 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:

Montana

 

     (a) submit to an examination for tuberculosis and, if the person is found to have tuberculosis, to complete an approved course of treatment; or

Montana

 

     (b) enter or return to a treatment location to complete an approved course of treatment.

Nebraska

Executive powers. Neb. Rev. Stat. § 14-219

Authority. The mayor shall have such jurisdiction over all places within three miles of the corporate limits of the city, for the enforcement of any health and quarantine ordinance or the regulations thereof.

Nebraska

Contagious diseases. Neb. Rev. Stat. § 71-501

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

DHHS; Powers. Neb. Rev. Stat. § 81-601

The Department of Health and Human Services shall have general supervision and control over matters relating to public health and sanitation and shall have supervision over all matters of quarantine and quarantine regulations.

Nebraska

Neb. Rev. Stat. § 71-506 (1994)

Penalties. Any person violating any of the provisions of section 71-501 and 71-502 shall be guilty of a Class V misdemeanor for each offense.

Nevada

Isolation and Quarantine of Persons. Nev. Rev. Stat. § 441A.510 to 441A.530

Authority. The county board of health may establish and maintain an isolation hospital or quarantine station when necessary; restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease that is dangerous to the public health; and appoint quarantine officers when necessary to enforce a quarantine.

Nevada

Isolation and Quarantine of Persons. Nev. Rev. Stat. § 441A.540 to 441A.590

A health authority may issue an order requiring the isolation, quarantine or treatment of any person or group of persons if he believes that such action is necessary to protect the public health.

Nevada

 

Most of the city charters contain a provision giving the city council the authority to establish rules on quarantine within their jurisdiction.

Nevada

Nev. Rev. Stat. § 441A-180

Penalties. A person who has a communicable disease in an infectious state shall not conduct himself 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. A person who violates the provisions after service upon him of a warning from a health authority is guilty of a misdemeanor.

Nevada

Involuntary Court-Ordered Isolation or Quarantine. Nev. Rev. Stat. § 441A-600 to 441A.720

Police Power and Limitations. A health authority may petition the country court for isolation or quarantine. The petition requires an written statement from the health authority and a physician that the person(s) has been exposed to a communicable disease and the person(s) is an immediate risk to the public's health.

Nevada

Nev. Rev. Stat. § 441A-160 (2003)

Police Power and Limitations. The county board of health shall provide whatever medicines, disinfectants and provisions which may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available, but each patient shall, if he is able, pay for his food, medicine, clothes and medical attendance.

Nevada

 

A health authority may enter private property at reasonable hours to investigate any case or suspected case of a communicable disease and order any person whom he reasonably suspects has a communicable disease in an infectious state to submit to any medical examination or test which he believes is necessary to verify the presence of the disease. The order must be in writing and specify the name of the person to be examined and the time and place of the examination and testing, and may include such terms and conditions as the health authority believes are necessary to protect the public health.

New Hampshire

Duties. 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

Health officers shall assist the commissioner, when requested to do so, in the establishment and maintenance of isolation and quarantine in their respective cities and towns, and enforce all rules adopted by the commissioner relative to isolation and quarantine.

New Hampshire

Penalty. 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

Isolation and Quarantine. 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 Hampshire

Any person subject to an order for submission of a specimen, or for examination, immunization, treatment, isolation, quarantine, provision of information, or inspection of a building or conveyance may request a hearing in the superior court to contest such order.

New Hampshire

The cost of treatment and care shall be a cost to the person, or his parent or guardian, or, if such person is indigent, from such public funds available for such purposes.

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

Reinstatement of employment. N.J. Stat. § 26:13-16 (2005) 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

Isolation or quarantine authorized. N.M. Stat. Ann. § 12-10A-8 to 12-10A-11

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

Enforcement. N.M. Stat. Ann. § 12-10A-19

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 five thousand dollars ($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

 

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

Job Protection. N.M. Stat. Ann. § 12-10A-16 (2003)

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

New York

Communicable Diseases; Boards of Health; Powers. 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 two thousand one hundred twenty-three of this chapter. - See more at: http://codes.lp.findlaw.com/nycode/PBH/21/2/2120#sthash.pK1brPk2.dpuf

New York

Communicable Disease; control of patients. 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.

New York City General Powers of the department.
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 Control measures; duty to isolate; and isolation, quarantine and examination orders. 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 six, 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

Penalties.
NYC Health Code Article 11. §11.31 Acts likely to spread disease prohibited.

(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.

North Carolina

Quarantine and Isolation Authority. 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

Public Health Authority. N.C. Gen. Stat. § 130A-41, 130A-45 to 130A-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

Communicable Disease Confinement Procedure. N.D. Cent. Code § 23-07-06 et seq.

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

Public Health Units. N.D. Cent. Code § 23-35-12

Whenever a local board of health knows that a case of a contagious or infectious disease exists within its jurisdiction, the board immediately shall examine the facts of the case and may adopt such quarantine and sanitary measures as in its judgment tend to prevent the spread of such disease.

North Dakota

N.D. Cent. Code § 23-07.6-02 (1989)

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

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

N.D. Cent. Code § 23-07.6-03

Police Power and 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

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 of the respondent is necessary and is the least restrictive alternative to protect or preserve the public health.

Ohio

Departments of Health; Powers. 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 supreme authority in matters of quarantine, which it may declare and enforce, when none exists, and modify, relax, or abolish, when it has been established.

Ohio

Isolation. Ohio R.C. §§ 3707.08 to 3707.25

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

 

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, 3707.31

Police Power and 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

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.

Oklahoma

Prevention and Control of Disease. Okla. Stat. tit. 63 §§ 1-502, 1-504

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

Whenever a local health officer determines or suspects that a person has a communicable disease, he may impose a quarantine on the place or premises where such person usually stays, and notice thereof shall be given in accordance with the rules and regulations of the State Board of Health.

Oklahoma

Penalty for Violating Quarantive Laws. Okla. Stat. tit. 21 § 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.

Oregon

Emergency administrative order for isolation or quarantine. Or. Rev. Stat. § 433.121

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

Emergency administrative order for isolation or quarantine. Or. Rev. Stat. § 433.121 to 433.150

Police Power and Limitations. Isolation or quarantine must be by the least restrictive means necessary to prevent the spread of a communicable disease or possibly communicable disease to others or to limit exposure to or contamination with a toxic substance by others, and may include, but is not limited to, confinement to private homes or other public or private premises.

Oregon

 

The Department of Human Services may provide general assistance, including medical care for the person who is isolated or quarantined, on the basis of need, provided that no payment shall be made for the care of any such person in or under the care of any public institution or public agency or municipality.

Pennsylvania

Quarantine and Isolation. Pa. Code tit. 28 § 27.60C et Seq.

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.

Rhode Island

Quarantine Generally. R.I. Gen. Laws § 23-8; §§ 23-8-4

Authority. 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

Governor's Authority. R.I. Gen. Laws §§ 23-8-18

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 to restrict the spread of infectious diseases in the state.

Rhode Island

Local Authority. R.I. Gen. Laws § 23-8-21

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, 23-8-21

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 fifty dollars ($50.00) or by imprisonment for not more than ninety (90) days, or both.

Rhode Island

Any person knowingly violating any of those rules and regulations so made and established shall, upon conviction, be fined not more than fifty dollars ($50.00) or be imprisoned not more than two (2) years.

Rhode Island

R.I. Gen. Laws §§ 23-8-1.1, 23-8-4

Police Power and Limitations. Persons under eighteen (18) years of age may give legal consent for testing, examination, and/or treatment for any reportable communicable disease.

Rhode Island

Nothing in this section shall be construed to prevent a person who is unable or unwilling for reasons of health, religion, or conscience to undergo immunization or treatment from choosing to submit to quarantine or isolation as an alternative to immunization or treatment.

South Carolina

Isolation and Quarantine of individuals or groups. 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

Duties and powers of Board. S.C. Code Ann. § 44-1-80

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

 

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 one thousand dollars or imprisoned not more than thirty days, or both.

South Carolina

S.C. Code Ann. § 44-4-530

Police Power and Limitations. An employer may not fire, demote, or otherwise discriminate against an employee complying with an isolation or quarantine order; however, nothing in this section prohibits an employer from requiring an employee to use annual or sick leave to comply with such an order.

South Carolina

S.C. Code Ann. §§ 44-4-530, 44-4-540

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 ten 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 thirty days per granted order.

South Carolina

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 Carolina

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.

South Dakota

Orders, Rules and Licensing. 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 there from.

South Dakota

Contagious Disease Control. S.D. Codified Laws Ann. §§ 34-22-5, 34-22-6, 34-22-18

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.

South Dakota

 

It is a Class 2 misdemeanor for any board, physician, or person to compel another by the use of physical force to submit to the operation of vaccination with smallpox or other virus.

Any person in the State of South Dakota reasonably suspected of being infected with tuberculosis shall accept necessary diagnosis or treatment, or both, and any person who intentionally refuses to accept such diagnosis or treatment, or both, or who fails to follow the reasonable and necessary directives of the State Department of Health issued for the protection of other persons, is guilty of a Class 1 misdemeanor.

Tennessee

Power to Quarantine. Tenn. Code Ann. § 68-1-201; Tenn. Code Ann. § 68-1-203 (2010)

Authority. The commissioner has the power to declare quarantine whenever, in the commissioner's judgment, the welfare of the public requires it; has the authority to prescribe rules and regulations deemed proper for the prevention of epidemic diseases into the state.

Tennessee

Orders of County Health Officer. Tenn. Code Ann. § 68-2-609 (2010)

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

Violating Quarantine. Tenn. Code Ann. § 68-1-203 (1989)

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.

Tennessee

Quarantine Tuberculosis. Tenn. Code Ann. § 68-9-201 to 68-9-2074 (2010)

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

Texas

Communicable Disease Prevention and Control Act. Texas Health and Safety Code § 81.001 et seq. (1989)

Authority. The commissioner is responsible for the general statewide administration of the control of communicable disease. The board may adopt rules necessary to administer and implement the provisions of this law.

Texas

Powers of Local Governments. Texas Health and Safety Code §§ 122.005, 122.006 (1989)

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

Area Quarantine. Texas Health and Safety Code § 81.085 (2003)

Authority. If an outbreak of communicable disease occurs in this state, the commissioner or one or more health authorities may impose an area quarantine coextensive with the area affected.  The commissioner may impose an area quarantine, if the commissioner 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 the quarantine only within the boundaries of the health authority's jurisdiction.

Texas

Criminal Penalty. Texas Health and Safety Code § 81.085 (2003)

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 (2007)

Police Power and Limitations. The state, a county or a hospital district shall pay for medical expenses if individual is indigent and cannot pay and if that individual is not eligible for benefits under an insurance contract.

Texas

Control Measures to Individual. Texas Health and Safety Code § 81.083 (2007)

Authority. 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 § 81.085 (2003)

Police Power and Limitations. 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

Communicable Diseases - Treatment, Isolation and Quarantine Procedures. Utah Code Ann. § 26-6b et seq. (2008)

Authority. The Department of Health may adopt rules as necessary to administer the provisions of this chapter.

Utah

Order of Restriction. Utah Code Ann. § 26-6b-3 (2008)

The department may issue either a written or verbal order of restriction for the individual or group of individuals, based on the totality of circumstances reported to the department.

Vermont

Physician Quarantine. Vt. Stat. Ann. tit. 18 § 1004 (1979)

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

Quarantine. Vt. Stat. Ann. tit. 18 § 1004a (1979)

Authority. 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

Quarantine. Va. Code § 32.1-43 (2004)

Authority.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.

Virginia

Powers of Commissioner. Va. Code § 32.1-48 et seq.(2007)

The State Health Commissioner shall hold the powers to issue orders of quarantine or prepare orders of isolation for a communicable disease of public health threat.

Washington

Powers and Duties of Board of Health. 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 §70.28.031 (1996)

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.

Washington

Wash. Rev. Code §70.28.033 (1996)

Penalties. Inasmuch as the order provided for by RCW 70.28.031 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.

West Virginia

Prevention and Control of Communicable Diseases. W. Va. Code §§ 16-3-1 et seq. (1977)

Authority. State director of health authority 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 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.

West Virginia

W. Va. Code §§ 16-3- (1977)

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

 

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 twenty-five nor more than two hundred dollars. 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 § 16-3-3 (1977)

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

Isolation and Quarantine. Wis. Stat. § 252.06 (1) (2003)

Authority. The department or the local health officer acting on behalf of the department may require isolation of the patient, 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)2 (2003)

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 9 months, or both.

Wisconsin

Wis. Stat. § 252.06(10) (2003)

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.

Wisconsin

 

Authority. Powers and duties allow the local board of health to establish quarantine ordinances.

Wyoming

Powers of Dept of Health. Wyo. Stat § 15-1-229

The state department of health is hereby empowered and directed to make such rules and regulations as shall in its judgment be necessary for the carrying out of the provisions of this act, including rules and regulations providing for the control and treatment of persons isolated or quarantined

Wyoming

Powers and Duties. Wyo. Stat § 35-1-240 (2008)

The department of health shall have the following powers and duties: To establish, maintain and enforce isolation and quarantine, and to exercise such physical control over property and over the persons of the people.

Wyoming

Communicable Diseases. Wyo. Stat § 35-4-101 et seq. (1991)

In case of the existence of any infectious or contagious disease 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 thereof, 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 (1997)

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 five hundred dollars ($500.00) or imprisonment for not more than one (1) year.

Wyoming

 

Police Power and Limitations. The respective counties of the state shall not be liable for the payment of any claim for service rendered by any physician in the treatment of contagious diseases, unless such treatment shall be for the care of indigent persons who are a public charge.

Wyoming

Wyo. Stat §§ 35-4-102, 112 (1957, 2003)

Any person who has been quarantined pursuant to this act may appeal to the district court at any time for release from the quarantine.

District of Columbia

D.C. Code Ann. § 7-2304 (14) (2004)

Authority. The mayor, upon declaring a state of emergency, may detain for medical reasons, those for whom there is probable cause of infection by communicable disease and that the person’s presence in the general population is likely to cause death or seriously impair the health of others.

District of Columbia

D.C. Code Ann. § 7-2307 (1981)

Penalties. Violation of an emergency executive order is punishable by a fine of no more than $1000 for each violation.

Guam

Guam Code Ann. tit. 10 § 19602 (2000)

 

Guam

Guam Code Ann. tit. 10 § 19604 (2000)

No person, other than a person authorized by the public health authority, shall enter isolation or quarantine premises. Failure to obey this provision shall constitute a misdemeanor.

Guam

Police Power and Limitations. Isolation and quarantine must be by the least restrictive means necessary to prevent the spread of a contagious or possibly contagious disease to others, and may include, but are not limited to, confinement to private homes or other private and public premises.

Guam

Guam Code Ann. tit. 10 §§ 19604, 19605 (2000)

Within 10 days after issuing the written directive, the public health authority shall file a petition for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or groups of individuals.

Guam

 

Authority. That the Secretary of Health may cause to be removed to proper places designated by him any person sick with a quarantinable disease, or any other rapidly spreading, contagious or infectious disease, and shall have the control of public hospitals for the treatment of such cases.

Guam

 

Penalties. Any person who violates the terms of any proclamation issued by the Governor, in accordance with law and in relation to public health, or who violates any quarantine, sanitary, or other regulations issued by the Secretary of Health or by any other person, body or board, always under authority of law, shall be guilty of a misdemeanor and punished accordingly.

Puerto Rico

Laws of Puerto Rico title 24, chapter 21 § 351 (1912)

Powers of Secretary of Health in cases of contagious disease. The Secretary of Health may cause to be removed to proper places designated by him any person sick with a quarantinable disease, or any other rapidly spreading, contagious or infectious disease, and shall have the control of public hospitals for the treatment of such cases.  ... [H]e may cause proper care and attention to be given to the sick persons removed to the hospitals, at the expense of the Commonwealth Government, as herein provided for, when it comes to his knowledge that such persons are too poor to defray the expenses of their attendance, or when it is necessary to take care of them in the interests of the public health. No person suffering from a quarantinable or other rapidly spreading, contagious or infectious disease shall be removed from a vessel, or from any other place set aside by competent authority for his isolation and treatment, without a written permit from the Secretary of Health or the official placed in charge of such vessel or place by the Secretary of Health. For the purpose of carrying out the duties prescribed by this section, the Secretary of Health, or any duly authorized physician employed in the Department of Health, may enter, at any time into private properties and dwellings for the inspection or examination of such premises, in accordance with the provisions of § 181 of Title 3.

U.S. Virgin Islands

V.I Code tit. 19, chapter 1 §§ 1, 2

Authority. The Commissioner of Health may by regulation declare any disease to be a communicable disease, and may prescribe the procedure which is to be followed by the patient or person suffering therefrom, the parents of the patient, the householder, the physician attending the patient, or any individual brought into contact with or responsible for the care or maintenance of the patient, in order that the transference of the disease to other individuals may be prevented. This includes quarantine or isolation of the patient, of any persons who have been exposed to the patient and therefore liable to have contracted the disease, or of any carrier of the disease. The regulations shall become effective upon approval by the Governor.

Sources: Trust for America's Health, 2004; NCSL, 2010, 2014. NOTE: This chart provides a synopsis of the laws discussed in it, but it is not intended to be used as comprehensive legal guidance.