NY Legislature [2021]: 'Removal of Contacts and Carriers of Communicable Diseases'
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Assembly Bill A416

2021-2022 Legislative Session

Relates to the removal of cases, contacts and carriers of communicable diseases who are potentially dangerous to the public health

A416 (ACTIVE) - Bill Text download pdf

                   
AN ACT to amend the public health law, in relation  to  the  removal  of  cases,  contacts  and carriers of communicable diseases who are potentially dangerous to the public health


  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEMBLY, DO ENACT AS FOLLOWS:


  Section  1.  The  public health law is amended by adding a new section 2120-a to read as follows:

  § 2120-A. REMOVAL AND DETENTION OF CASES, CONTACTS  AND  CARRIERS  WHO ARE OR MAY BE A DANGER TO PUBLIC HEALTH; OTHER ORDERS.

1. THE PROVISIONS OF  THIS  SECTION  SHALL  BE  UTILIZED  IN  THE  EVENT THAT THE GOVERNOR DECLARES A STATE OF HEALTH EMERGENCY DUE TO AN EPIDEMIC OF ANY  COMMUNICABLE DISEASE.


  2.  UPON  DETERMINING BY CLEAR AND CONVINCING EVIDENCE THAT THE HEALTH OF OTHERS IS OR MAY BE ENDANGERED BY A  CASE,  CONTACT  OR  CARRIER,  OR SUSPECTED  CASE, CONTACT OR CARRIER OF A CONTAGIOUS DISEASE THAT, IN THE OPINION OF THE GOVERNOR, AFTER CONSULTATION WITH THE  COMMISSIONER,  MAY POSE  AN  IMMINENT AND SIGNIFICANT THREAT TO THE PUBLIC HEALTH RESULTING IN SEVERE MORBIDITY OR HIGH MORTALITY, THE GOVERNOR OR HIS OR HER  DELEGEE,  INCLUDING,  BUT  NOT  LIMITED  TO THE COMMISSIONER OR THE HEADS OF LOCAL HEALTH DEPARTMENTS, MAY ORDER THE REMOVAL AND/OR DETENTION OF SUCH A PERSON OR OF A GROUP OF SUCH PERSONS BY ISSUING A SINGLE ORDER,  IDENTIFYING  SUCH  PERSONS  EITHER  BY  NAME  OR  BY  A  REASONABLY SPECIFIC DESCRIPTION OF THE INDIVIDUALS OR GROUP BEING DETAINED. SUCH  PERSON  OR GROUP OF PERSONS SHALL BE DETAINED IN A MEDICAL FACILITY OR OTHER APPROPRIATE  FACILITY  OR  PREMISES  DESIGNATED BY THE GOVERNOR OR HIS OR HER DELEGEE AND COMPLYING WITH SUBDIVISION FIVE OF THIS SECTION.


  3. A PERSON OR GROUP REMOVED OR DETAINED BY ORDER OF THE  GOVERNOR  OR HIS  OR HER DELEGEE PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE DETAINED FOR SUCH PERIOD AND IN SUCH MANNER AS THE DEPARTMENT MAY DIRECT IN ACCORDANCE WITH THIS SECTION.


  4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION:

  (A) A CONFIRMED CASE OR A CARRIER WHO IS DETAINED PURSUANT TO SUBDIVISION  TWO  OF  THIS  SECTION SHALL NOT CONTINUE TO BE DETAINED AFTER THE DEPARTMENT DETERMINES THAT SUCH PERSON IS NO LONGER CONTAGIOUS.

  (B) A SUSPECTED CASE OR SUSPECTED CARRIER WHO IS DETAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL NOT CONTINUE TO BE DETAINED AFTER  THE DEPARTMENT DETERMINES, WITH THE EXERCISE OF DUE DILIGENCE, THAT SUCH  PERSON IS NOT INFECTED WITH OR HAS NOT BEEN EXPOSED TO SUCH  A  DISEASE, OR  IF  INFECTED WITH OR EXPOSED TO SUCH A DISEASE, NO LONGER IS OR WILL BECOME CONTAGIOUS.

  © A PERSON WHO IS DETAINED  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION AS A CONTACT OF A CONFIRMED CASE OR A CARRIER SHALL NOT CONTINUE TO  BE  DETAINED  AFTER THE DEPARTMENT DETERMINES THAT THE PERSON IS NOT INFECTED WITH THE DISEASE OR THAT SUCH  CONTACT  NO  LONGER  PRESENTS  A POTENTIAL DANGER TO THE HEALTH OF OTHERS.

  (D)  A  PERSON  WHO  IS  DETAINED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION AS A CONTACT OF A  SUSPECTED  CASE  SHALL  NOT  CONTINUE  TO  BE DETAINED:

  (I)  AFTER  THE  DEPARTMENT DETERMINES, WITH THE EXERCISE OF DUE DILIGENCE, THAT THE SUSPECTED CASE WAS NOT INFECTED WITH SUCH A DISEASE,  OR WAS NOT CONTAGIOUS AT THE TIME THE CONTACT WAS EXPOSED TO SUCH INDIVIDUAL; OR

  (II) AFTER THE  DEPARTMENT  DETERMINES  THAT  THE  CONTACT  NO  LONGER PRESENTS A POTENTIAL DANGER TO THE HEALTH OF OTHERS.


  5.  A  PERSON  WHO  IS  DETAINED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION SHALL, AS IS APPROPRIATE TO THE CIRCUMSTANCES:

  (A) HAVE HIS OR HER MEDICAL CONDITION AND NEEDS ASSESSED AND ADDRESSED ON A REGULAR BASIS, AND

  (B) BE DETAINED  IN  A  MANNER  THAT  IS  CONSISTENT  WITH  RECOGNIZED ISOLATION  AND  INFECTION  CONTROL  PRINCIPLES  IN ORDER TO MINIMIZE THE LIKELIHOOD OF TRANSMISSION OF INFECTION TO SUCH PERSON AND TO OTHERS.


  6. WHEN A PERSON OR GROUP IS ORDERED TO BE DETAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION FOR A PERIOD  NOT  EXCEEDING  THREE  BUSINESS DAYS,  SUCH  PERSON  OR  MEMBER  OF  SUCH  GROUP SHALL, UPON REQUEST, BE AFFORDED AN OPPORTUNITY TO BE HEARD.  IF  A  PERSON  OR  GROUP  DETAINED PURSUANT  TO SUBDIVISION TWO OF THIS SECTION NEEDS TO BE DETAINED BEYOND THREE BUSINESS DAYS, THEY SHALL BE PROVIDED WITH AN  ADDITIONAL  COMMISSIONER'S ORDER PURSUANT TO SUBDIVISIONS TWO AND EIGHT OF THIS SECTION.


  7. WHEN A PERSON OR GROUP IS ORDERED TO BE DETAINED PURSUANT TO SUBDIVISION  TWO  OF THIS SECTION FOR A PERIOD EXCEEDING THREE BUSINESS DAYS, AND SUCH PERSON OR MEMBER OF SUCH GROUP REQUESTS RELEASE,  THE  GOVERNOR OR  HIS  OR  HER  DELEGEE  SHALL  MAKE  AN APPLICATION FOR A COURT ORDER AUTHORIZING SUCH DETENTION WITHIN THREE BUSINESS DAYS AFTER SUCH REQUEST BY THE END OF THE FIRST BUSINESS DAY FOLLOWING SUCH SATURDAY, SUNDAY, OR LEGAL HOLIDAY, WHICH APPLICATION SHALL INCLUDE A REQUEST  FOR  AN  EXPEDITED  HEARING.  AFTER ANY SUCH REQUEST FOR RELEASE, DETENTION SHALL NOT CONTINUE FOR MORE THAN FIVE BUSINESS DAYS IN  THE  ABSENCE  OF  A  COURT ORDER  AUTHORIZING  DETENTION. NOTWITHSTANDING THE FOREGOING PROVISIONS, IN NO EVENT SHALL ANY PERSON BE DETAINED FOR MORE THAN SIXTY DAYS  WITHOUT A COURT ORDER AUTHORIZING SUCH DETENTION. THE GOVERNOR OR HIS OR HER DELEGEE  SHALL SEEK FURTHER COURT REVIEW OF SUCH DETENTION WITHIN NINETY DAYS FOLLOWING THE INITIAL COURT ORDER AUTHORIZING DETENTION AND  THEREAFTER  WITHIN  NINETY DAYS OF EACH SUBSEQUENT COURT REVIEW. IN ANY COURT PROCEEDING TO ENFORCE AN ORDER OF THE GOVERNOR OR HIS OR HER  DELEGEE FOR THE REMOVAL OR DETENTION OF A PERSON OR GROUP ISSUED  PURSUANT  TO  THIS SUBDIVISION  OR  FOR  REVIEW  OF  THE CONTINUED DETENTION OF A PERSON OR GROUP, THE GOVERNOR OR HIS OR HER DELEGEE SHALL PROVE THE PARTICULARIZED CIRCUMSTANCES CONSTITUTING THE NECESSITY FOR SUCH DETENTION BY CLEAR AND CONVINCING EVIDENCE.


  8.  (A)  A  COPY  OF ANY DETENTION ORDER OF THE GOVERNOR OR HIS OR HER DELEGEE ISSUED PURSUANT TO SUBDIVISION TWO  OF  THIS  SECTION  SHALL  BE GIVEN  TO  EACH  DETAINED INDIVIDUAL; HOWEVER, IF THE ORDER APPLIES TO A GROUP OF INDIVIDUALS AND IT IS IMPRACTICAL TO PROVIDE INDIVIDUAL COPIES, IT MAY BE POSTED IN A CONSPICUOUS PLACE IN THE DETENTION  PREMISES.  ANY DETENTION  ORDER  OF THE COMMISSIONER ISSUED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL SET FORTH:

  (I) THE PURPOSE OF THE DETENTION AND THE LEGAL AUTHORITY  UNDER  WHICH THE  ORDER  IS ISSUED, INCLUDING THE PARTICULAR SECTIONS OF THIS ARTICLE OR OTHER LAW OR REGULATION;

  (II) A  DESCRIPTION  OF  THE  CIRCUMSTANCES  AND/OR  BEHAVIOR  OF  THE DETAINED  PERSON OR GROUP CONSTITUTING THE BASIS FOR THE ISSUANCE OF THE ORDER;

  (III) THE LESS RESTRICTIVE ALTERNATIVES THAT WERE ATTEMPTED  AND  WERE UNSUCCESSFUL  AND/OR THE LESS RESTRICTIVE ALTERNATIVES THAT WERE CONSIDERED AND REJECTED, AND THE REASONS SUCH ALTERNATIVES WERE REJECTED;

  (IV) A NOTICE ADVISING THE PERSON OR GROUP BEING  DETAINED  THAT  THEY HAVE  A  RIGHT  TO  REQUEST  RELEASE  FROM  DETENTION,  AND  INCLUDING INSTRUCTIONS ON HOW SUCH REQUEST SHALL BE MADE;

  (V) A NOTICE ADVISING THE PERSON OR GROUP  BEING  DETAINED  THAT  THEY HAVE A RIGHT TO BE REPRESENTED BY LEGAL COUNSEL AND THAT UPON REQUEST OF SUCH PERSON OR GROUP ACCESS TO COUNSEL WILL BE FACILITATED TO THE EXTENT FEASIBLE UNDER THE CIRCUMSTANCES; AND
  (VI)  A  NOTICE  ADVISING THE PERSON OR GROUP BEING DETAINED THAT THEY MAY SUPPLY THE ADDRESSES AND/OR  TELEPHONE  NUMBERS  OF  FRIENDS  AND/OR RELATIVES  TO  RECEIVE  NOTIFICATION OF THE PERSON'S DETENTION, AND THAT THE DEPARTMENT SHALL, AT THE DETAINED PERSON'S REQUEST AND TO THE EXTENT FEASIBLE, PROVIDE NOTICE TO A REASONABLE NUMBER OF SUCH PEOPLE THAT  THE  PERSON IS BEING DETAINED.

  (B)  IN  ADDITION,  AN  ORDER  ISSUED PURSUANT TO SUBDIVISIONS TWO AND SEVEN OF THIS SECTION, REQUIRING THE DETENTION OF A PERSON OR GROUP  FOR A PERIOD EXCEEDING THREE BUSINESS DAYS, SHALL:

  (I) ADVISE THE PERSON OR GROUP BEING DETAINED THAT THE DETENTION SHALL NOT  CONTINUE  FOR  MORE  THAN  FIVE  BUSINESS  DAYS AFTER A REQUEST FOR RELEASE HAS BEEN MADE IN THE ABSENCE OF A COURT ORDER  AUTHORIZING  SUCH DETENTION;

  (II)  ADVISE  THE  PERSON OR GROUP BEING DETAINED THAT, WHETHER OR NOT THEY REQUEST RELEASE FROM DETENTION, THE GOVERNOR OR HIS OR HER  DELEGEE  MUST  OBTAIN  A  COURT  ORDER  AUTHORIZING  DETENTION  WITHIN SIXTY DAYS FOLLOWING THE COMMENCEMENT OF DETENTION AND THEREAFTER MUST FURTHER SEEK COURT REVIEW OF THE DETENTION WITHIN NINETY DAYS OF SUCH COURT ORDER AND
WITHIN NINETY DAYS OF EACH SUBSEQUENT COURT REVIEW; AND

  (III) ADVISE THE PERSON OR GROUP BEING DETAINED  THAT  THEY  HAVE  THE RIGHT  TO REQUEST THAT LEGAL COUNSEL BE PROVIDED, THAT UPON SUCH REQUEST COUNSEL SHALL BE PROVIDED IF  AND  TO  THE  EXTENT  POSSIBLE  UNDER  THE CIRCUMSTANCES,  AND  THAT  IF  COUNSEL IS SO PROVIDED, THAT SUCH COUNSEL WILL BE NOTIFIED THAT THE PERSON OR GROUP HAS REQUESTED LEGAL  REPRESENTATION.


  9.  A PERSON WHO IS DETAINED IN A MEDICAL FACILITY, OR OTHER APPROPRIATE FACILITY OR PREMISES, SHALL NOT CONDUCT  HIMSELF  OR  HERSELF  IN  A DISORDERLY MANNER, AND SHALL NOT LEAVE OR ATTEMPT TO LEAVE SUCH FACILITY OR PREMISES UNTIL HE OR SHE IS DISCHARGED PURSUANT TO THIS SECTION.


  10.  WHERE  NECESSARY  AND  FEASIBLE UNDER THE CIRCUMSTANCES, LANGUAGE INTERPRETERS AND PERSONS SKILLED IN COMMUNICATING WITH VISION AND  HEARING IMPAIRED INDIVIDUALS SHALL BE PROVIDED.


  11.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE ISSUANCE OF ORDERS PURSUANT TO § 11.21 OF THE NEW YORK CITY HEALTH CODE.


  12. IN ADDITION TO THE REMOVAL OR  DETENTION  ORDERS  REFERRED  TO  IN SUBDIVISION  TWO  OF THIS SECTION, AND WITHOUT AFFECTING OR LIMITING ANY  OTHER AUTHORITY THAT THE COMMISSIONER MAY OTHERWISE HAVE,  THE  GOVERNOR  OR  HIS  OR  HER  DELEGEE  MAY, IN HIS OR HER DISCRETION, ISSUE AND SEEK ENFORCEMENT OF ANY OTHER ORDERS THAT HE OR SHE DETERMINES ARE  NECESSARY OR  APPROPRIATE  TO  PREVENT DISSEMINATION OR TRANSMISSION OF CONTAGIOUS DISEASES OR OTHER ILLNESSES THAT MAY POSE A THREAT TO THE PUBLIC  HEALTH INCLUDING,  BUT  NOT  LIMITED TO, ORDERS REQUIRING ANY PERSON OR PERSONS WHO ARE NOT IN THE CUSTODY OF THE DEPARTMENT TO BE EXCLUDED;  TO  REMAIN ISOLATED OR QUARANTINED AT HOME OR AT A PREMISES OF SUCH PERSON'S CHOICE THAT  IS  ACCEPTABLE TO THE DEPARTMENT AND UNDER SUCH CONDITIONS AND FOR SUCH PERIOD AS WILL PREVENT TRANSMISSION OF THE  CONTAGIOUS  DISEASE  OR OTHER  ILLNESS; TO REQUIRE THE TESTING OR MEDICAL EXAMINATION OF PERSONS WHO MAY HAVE BEEN EXPOSED TO OR INFECTED BY A CONTAGIOUS DISEASE OR  WHO MAY  HAVE  BEEN  EXPOSED  TO  OR  CONTAMINATED WITH DANGEROUS AMOUNTS OF  RADIOACTIVE MATERIALS OR TOXIC CHEMICALS; TO REQUIRE AN  INDIVIDUAL  WHO HAS  BEEN  EXPOSED TO OR INFECTED BY A CONTAGIOUS DISEASE TO COMPLETE AN APPROPRIATE, PRESCRIBED COURSE OF TREATMENT,  PREVENTIVE  MEDICATION  OR VACCINATION,  INCLUDING  DIRECTLY  OBSERVED THERAPY TO TREAT THE DISEASE AND FOLLOW INFECTION CONTROL PROVISIONS FOR THE DISEASE; OR  TO  REQUIRE  AN INDIVIDUAL WHO HAS BEEN CONTAMINATED WITH DANGEROUS AMOUNTS OF RADIOACTIVE  MATERIALS OR TOXIC CHEMICALS SUCH THAT SAID INDIVIDUAL MAY PRES-
ENT A DANGER TO OTHERS, TO  UNDERGO  DECONTAMINATION  PROCEDURES  DEEMED NECESSARY  BY  THE  DEPARTMENT.
    SUCH  PERSON  OR  PERSONS SHALL, UPON  REQUEST, BE AFFORDED AN OPPORTUNITY TO BE HEARD, BUT THE  PROVISIONS  OF  SUBDIVISIONS  TWO  THROUGH  ELEVEN  OF  THIS SECTION SHALL NOT OTHERWISE  APPLY.


  13. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT OR REQUIRE THE FORCIBLE ADMINISTRATION OF ANY MEDICATION  WITHOUT  A  PRIOR COURT ORDER.


  §  2.  This  act shall take effect on the thirtieth day after it shall have become a law. Effective immediately the addition, amendment  and/or repeal  of  any  rule  or regulation necessary for the implementation of this act on its effective date are authorized to be made  and  completed on or before such date.


[Emphasis mine.]
"So let us be confident, let us not be unprepared, let us not be outflanked, let us be wise, vigilant, fighting against those who are trying to tear the faith out of our souls and morality out of our hearts, so that we may remain Catholics, remain united to the Blessed Virgin Mary, remain united to the Roman Catholic Church, remain faithful children of the Church."- Abp. Lefebvre
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NY Legislature [2021]: 'Removal of Contacts and Carriers of Communicable Diseases' - by Stone - 01-02-2021, 08:20 AM

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