Virginia Law

A. The commissioner, in the commissioner's sole discretion, may invoke the provisions of Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1 of the Code of Virginia and may order a complete or modified quarantine of an individual upon a determination that:

1. The individual is known to have been exposed to or is reasonably suspected to have been exposed to a communicable disease of public health threat;

2. Exceptional circumstances render the procedures of Article 3.01 (§ 32.1-48.01 et seq.) of Chapter 2 of Title 32.1 of the Code of Virginia to be insufficient, or the individual has failed or refused to comply voluntarily with the control measures directed by the commissioner in response to a communicable disease of public health threat; and

3. Quarantine is the necessary means to contain a communicable disease of public health threat to which an individual has been or may have been exposed and thus may become infected.

The commissioner, in the commissioner's sole discretion, may also order the quarantine of an affected area if, in addition to the provisions of this subsection, the Governor has declared a state of emergency for such affected area of the Commonwealth.

B. For quarantine for a communicable disease of public health threat, the local health department shall record information about the infection or suspected infection; the individual or affected area; and the nature or suspected nature of the exposure in consultation with the Office of Epidemiology. This information shall be sufficient to enable documenting a record of findings and enable the commissioner to prepare a written order of quarantine, including the information required in § 32.1-48.09 of the Code of Virginia. In addition, the local health department shall maintain sufficient information on individuals to enable appropriate follow-up of individuals for health status evaluation and treatment as well as compliance with the order of quarantine. The commissioner shall ensure that the protected health information of any individual subject to the order of quarantine is disclosed only in compliance with state and federal law.

C. The local health department shall assess the situation and, in consultation with the Office of Epidemiology, shall recommend to the commissioner the least restrictive means of quarantine that effectively protects unexposed and susceptible individuals. The place of quarantine selected shall allow the most freedom of movement and communication with family members and other contacts without allowing disease transmission to others. The commissioner, in the commissioner's sole discretion, may order the quarantined individuals to remain in their residences, to remain in another place where they are present, or to report to a place designated by the commissioner for the duration of their quarantine.

D. The commissioner's order of quarantine shall be for a duration consistent with the known incubation period of the communicable disease of public health threat or, if the incubation period is unknown or uncertain, for a period anticipated as being consistent with the incubation period for other similar infectious agents. If an area is under quarantine, the duration of quarantine shall take into account the transmission characteristics and known or suspected incubation period.

E. The local health department shall deliver the order of quarantine or ensure its delivery by an appropriate party, such as a law-enforcement officer or health department employee, to the affected individual in person to the extent practicable. If, in the opinion of the commissioner, the scope of the notification would exceed the capacity of the local health department to ensure notification in a timely manner, then print, radio, television, Internet, or other available means shall be used to inform those affected.

F. For an individual identified as, or for whom probable cause exists that the individual may be, in violation of an order of quarantine, or for whom probable cause exists that the individual may fail or refuse to comply with an order, the enforcement authority directed by the commissioner to law-enforcement agencies shall include the power to detain or arrest.

An individual so detained shall be held in the least restrictive environment that can provide any required health care or other services for such individual. The commissioner shall ensure that law-enforcement personnel responsible for enforcing an order of quarantine are informed of appropriate measures to take to protect themselves from contracting the disease of public health threat.

G. The local health department shall monitor the health of individuals under quarantine either by regular telephone calls, visits, self-reports, or by reports of caregivers or health care providers or by other means. If individuals develop symptoms compatible with the communicable disease of public health threat, then 12VAC5-90-103 would apply to the individuals.

H. Upon issuance of an order of quarantine to an individual by the commissioner, the local health department shall manage the quarantine, in conjunction with local emergency management resources, such that the individual's essential needs can be met to the extent practicable. Upon issuance of an order of quarantine by the commissioner for an affected area, existing emergency protocols pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 of the Code of Virginia shall be utilized for mobilizing appropriate resources to ensure essential needs are met.

I. An individual subject to an order of quarantine or a court-ordered confirmation or extension of an order may file an appeal of the order of quarantine in accordance with the provisions of § 32.1-48.10 of the Code of Virginia. An appeal shall not stay any order of quarantine.

J. Once the commissioner determines that individuals are no longer at risk of becoming infected and pose no risk of transmitting the communicable disease of public health threat to other individuals, the order of quarantine has expired, or the order of quarantine has been vacated by the court, the individuals under the order of quarantine shall be released immediately. If the risk of an individual becoming infected and transmitting the communicable disease of public health threat to other individuals continues to exist, an order of quarantine may be developed to extend the restriction prior to release from quarantine.

K. If the criteria in subsection A of this section are met and an area is known or suspected to have been affected, then the commissioner shall notify the Governor of the situation and the need to order quarantine for the affected area. In order for an affected area to be quarantined, the Governor must declare a state of emergency for the affected area.

L. If an order of quarantine is issued for an affected area, the commissioner shall cause the order of quarantine to be communicated to the individuals residing or located in the affected area. The use of multiple forms of communication, including radio, television, Internet, or other available means, may be required in order to reach the individuals who were in the affected area during the known or suspected time of exposure.

M. The provisions for documentation, means of quarantine, enforcement, health status monitoring, essential needs, and release from quarantine as described in this section apply to the quarantine of affected areas. Appropriate management of a disease of public health threat for an affected area may require the coordinated use of local, regional, state, and national resources. In specifying one or more affected areas to be placed under quarantine, the commissioner shall maintain the objective to protect as many people as possible using the least restrictive means. As a result, defining the precise boundaries and timeframe of the exposure may not be possible or may change as additional information becomes available. If this occurs, the commissioner shall ensure that the description of the affected area is in congruence with the Governor's declaration of emergency and shall ensure that the latest information is communicated to those in or exposed to the affected area.