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§ 2140.301. Temporary isolation and quarantine without notice

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: January 15, 2003

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 20A. Counterterrorism Planning, Preparedness and Response Act (Refs & Annos)
Chapter 3. Public Health Emergency Measures
Effective: January 15, 2003
35 P.S. § 2140.301
§ 2140.301. Temporary isolation and quarantine without notice
Currentness
(a) Temporary isolation or quarantine.--In the case of an actual or suspected outbreak of a contagious disease or epidemic due to an actual or suspected bioterrorist or biohazardous event, the Governor, in consultation with the Secretary of Health, may temporarily isolate or quarantine an individual or groups of individuals through a written order if delay in imposing the isolation or quarantine through judicial proceedings currently available to the department and local health departments would significantly jeopardize the department's ability to prevent or limit the transmission of a contagious or potentially contagious disease to others. This subsection shall not require a declaration of disaster emergency by the Governor in order to be effective.
(b) Judicial review.--
(1) After issuing the written order, the department or local health department shall promptly file a petition with the court within 24 hours or the next court business day after the issuance of the order for a hearing to authorize the continued isolation or quarantine.
(2) The court shall hold a hearing on the petition not more than 72 hours after the filing of the petition to determine whether continued isolation or quarantine is warranted.
(3) Reasonable notice, either oral or written, stating the time, place and purpose of the hearing shall be given to the isolated or quarantined individual. The court may determine the manner in which the hearing shall occur, including through the use of closed-circuit television.
(4) An isolated or quarantined individual is entitled to representation by legal counsel at all stages of any proceedings under this section and, if the individual is without financial resources or otherwise unable to employ counsel, the court shall provide counsel for him.
(5) If the court determines continued isolation or quarantine is warranted, the court shall so order the continued isolation or quarantine and shall fix the time and duration of the isolation or quarantine, which in no case shall exceed 30 days except as set forth in paragraph (6).
(6) Where an individual has been isolated or quarantined for a period of 30 days, the department shall ask the court to review the order to determine if further isolation or quarantine is warranted.
(7) The department or local health department shall provide the court with ongoing reports on the isolated or quarantined individual during the period of isolation or quarantine.
(c) Relation to other laws.--Nothing in this section shall be construed to limit the existing authority of the Secretary of Health or the department or a local health department.

Credits

2002, Dec. 16, P.L. 1967, No. 227, § 301, effective in 30 days.
35 P.S. § 2140.301, PA ST 35 P.S. § 2140.301
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document