NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A416
SPONSOR: Perry TITLE OF BILL:
An act to amend the public health law, in relation to the removal of
cases, contacts and carriers of communicable diseases who are potential-
ly dangerous to the public health
PURPOSE:
To allow the governor or the appropriate health official to order the
removal and detention of any person afflicted with a communicable
disease in the event that there is a state of health emergency declared
by the governor in relation to such disease.
SUMMARY OF PROVISIONS:
Section one of the bill adds § 2120-a to the public health law relating
to the removal and detention of cases, contacts, and carriers who are or
may be a danger to public health; other orders. Subdivision 1 defines
the circumstances that 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.
Subdivision 2 authorizes under clear and convincing evidence that the
governor or his delegate may order the removal and/or detention of such
a person or of a group of such persons by issuing a single order. The
evidence should conclude that the health of others may be endangered by
a case, contact, or carrier or of one of suspect of a communicable
disease and that after consultation with the commissioner, may pose an
imminent and significant threat to the public health resulting in severe
morbidity or high mortality. Such persons or group of people shall be
detained in a medical facility or other appropriate facility designated
by the governor or his or her delegate.
Subdivision 3 requires that any person or group removed or detained by
order of the governor or his or her delegate shall be detained for as
long as the department may direct.
Paragraph a of subdivision 4 requires the release of an afflicted person
pursuant to subdivision two after the department determines that such
person is no longer contagious.
Paragraph b requires the release of a suspected case or carrier after
the department determines, with the exercise of due diligence that such
person is not infected with or has not been exposes to such disease, and
no longer is or will become contagious.
Paragraph c requires the release of a detained person after the depart-
ment determines that the person is not infected with disease or that
such person no longer presents a potential danger to the health of
others.
Paragraph d requires the release of a contact of a suspected case after
the department determines 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 after the department determines that the
contact no longer presents a potential danger to the health of others.
Subdivision 5 requires that a detained person must have his or her
medical condition and needs assessed and addressed on a regular basis
and that the individual be detained in a manner consistent with proper
isolation and infection control principles in order to minimize the
likelihood of transmission of infection.
Subdivision 6 provides that when a person or group who are detained for
a period not exceeding three business days, he, she, or they, upon
request, shall be afforded an opportunity to be heard.If said persons
need 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.
Subdivision 7 requires that a person or group are detained for a period
exceeding three business days and requests release, the governor, or his
or her delegate, shall make an application for a court order authorizing
such detention. The application shall include a request for an expedited
hearing. Detention shall not continue for more than five business days
in the absence of a court order authorizing such detention..In no event
will a person be detained for more than sixty days without a court
order. 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 order for the removal or detention of a
person or group issued pursuant or the further detention thereof, the
governor or his or her delegee shall prove the particularized circum-
stances constituting the necessity for such detention by clear and
convincing evidence.
Paragraph a of subdivision 8 requires a copy of any detention order of
the governor be given to each detained individual.If the order applies
to a group of individuals, the order may be posted in a conspicuous
place in detention premises and is required to contain the purpose of
the detention and legal authority under which the order is issued,
including the particular sections of this article or other law or regu-
lation, as well as a notice advising the person or group being detained
that they have the right to request release from detention, including
instructions on how to make such request. This paragraph also includes 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 will be facilitated to the extent under the circum-
stances. A notice shall also be provided advising the person or group
being detained that they may supply the addresses and/or telephone
numbers of friends and relatives to receive notification of the person's
detention.
Paragraph b authorizes that the person or group being detained shall not
continue to be so for more than five business days after request for
release has been made in the absence of a court order authorizing such
detention. In addition, the person or group being detained shall be
advised that regardless of whether they asked to be released or not,
that the governor or his or her delegee must obtain a court order
authorizing detention within sixty days after the detention has begun
and thereafter must further seek court review of the detention within
ninety days of such court order and within ninety days of each court
review thereafter This paragraph also requires that the person or group
being detained be advised that they have the right to request that legal
counsel be provided and 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.
Subdivision 9 authorizes that a person detained in a medical facility or
other appropriate facility shall not conduct his or her self in a disor-
derly manner, and shall not leave or attempt to leave such facility
until he or she is discharged.
Subdivision 10 requires that language interpreters and persons skilled
in communicating with vision and hearing impaired individuals shall be
provided under feasible circumstances.
Subdivision 11 authorizes that the provisions of this section shall not
apply to the issuance of orders pursuant to Section 11.21 of the New
York City Health Code.
Subdivision 12 authorizes the governor to reserve the right to issue and
seek enforcement of any other orders that he or she determines are
necessary. In order to prevent transmission of the contagious disease,
testing or medical examination of persons to complete an appropriate,
prescribed course of treatment, preventative medication, or vaccination.
If said person has been contaminated with dangerous amounts of radioac-
tive materials or toxic chemicals, such that the individual may present
a danger to others, and will be subject to decontamination procedures
deemed necessary by the department.
Subdivision 13 allows that the provisions of this section shall not be
construed to permit or require the forcible administration of any medi-
cation without a prior court order.
Section two of the bill provides the effective date.
JUSTIFICATION:
A communicable disease is defined as any disease that can be transmitted
from one person or animal to another. It is important for both persons
suspected of being afflicted with a communicable disease as well as
those around them to be properly protected. Currently, The
Secretary of the Department of Health and Human Services has statutory
responsibility for preventing the introduction, transmission, and spread
of communicable diseases in the United States. Under its delegated
authority, the Division of Global Migration and Quarantine works to
fulfill this responsibility through a variety of activities, including
Quarantine Stations, as well as standards for medical examinations.The
legal foundation for these activities is found in Titles 8 and 42 of the
U.S.
Code and relevant supporting regulations. The process of removing
persons who may have or are suspected to have been afflicted with a
communicable disease is necessary to public health. The swift actions
taken by health officials in lieu of the Ebola virus outbreak in the
United States are a demonstration of how swift and proper action can be
of great benefit to public health. The removal and detainment of indi-
viduals who may be a risk to public health as a result of a communicable
disease is necessary so that the danger of the spread of the disease is
not a threat to the public. 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 respon-
sible 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 author-
ity 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 unwill-
ing or unable to effectively respond.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.99 - Referred to Health 2017-2018: A.680 - Referred to
Health 2015-2016: A.6891 - Referred to Health
EFFECTIVE DATE:
Thirty days after becoming a law except that any rules or regulations
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
416
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to the removal of
cases, contacts and carriers of communicable diseases who are poten-
tially dangerous to the public health
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2120-a to read as follows:
3 § 2120-a. Removal and detention of cases, contacts and carriers who
4 are or may be a danger to public health; other orders. 1. The provisions
5 of this section shall be utilized in the event that the governor
6 declares a state of health emergency due to an epidemic of any communi-
7 cable disease.
8 2. Upon determining by clear and convincing evidence that the health
9 of others is or may be endangered by a case, contact or carrier, or
10 suspected case, contact or carrier of a contagious disease that, in the
11 opinion of the governor, after consultation with the commissioner, may
12 pose an imminent and significant threat to the public health resulting
13 in severe morbidity or high mortality, the governor or his or her dele-
14 gee, including, but not limited to the commissioner or the heads of
15 local health departments, may order the removal and/or detention of such
16 a person or of a group of such persons by issuing a single order, iden-
17 tifying such persons either by name or by a reasonably specific
18 description of the individuals or group being detained. Such person or
19 group of persons shall be detained in a medical facility or other appro-
20 priate facility or premises designated by the governor or his or her
21 delegee and complying with subdivision five of this section.
22 3. A person or group removed or detained by order of the governor or
23 his or her delegee pursuant to subdivision two of this section shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04443-01-1
A. 416 2
1 detained for such period and in such manner as the department may direct
2 in accordance with this section.
3 4. Notwithstanding any inconsistent provision of this section:
4 (a) A confirmed case or a carrier who is detained pursuant to subdivi-
5 sion two of this section shall not continue to be detained after the
6 department determines that such person is no longer contagious.
7 (b) A suspected case or suspected carrier who is detained pursuant to
8 subdivision two of this section shall not continue to be detained after
9 the department determines, with the exercise of due diligence, that such
10 person is not infected with or has not been exposed to such a disease,
11 or if infected with or exposed to such a disease, no longer is or will
12 become contagious.
13 (c) A person who is detained pursuant to subdivision two of this
14 section as a contact of a confirmed case or a carrier shall not continue
15 to be detained after the department determines that the person is not
16 infected with the disease or that such contact no longer presents a
17 potential danger to the health of others.
18 (d) A person who is detained pursuant to subdivision two of this
19 section as a contact of a suspected case shall not continue to be
20 detained:
21 (i) after the department determines, with the exercise of due dili-
22 gence, that the suspected case was not infected with such a disease, or
23 was not contagious at the time the contact was exposed to such individ-
24 ual; or
25 (ii) after the department determines that the contact no longer
26 presents a potential danger to the health of others.
27 5. A person who is detained pursuant to subdivision two of this
28 section shall, as is appropriate to the circumstances:
29 (a) have his or her medical condition and needs assessed and addressed
30 on a regular basis, and
31 (b) be detained in a manner that is consistent with recognized
32 isolation and infection control principles in order to minimize the
33 likelihood of transmission of infection to such person and to others.
34 6. When a person or group is ordered to be detained pursuant to subdi-
35 vision two of this section for a period not exceeding three business
36 days, such person or member of such group shall, upon request, be
37 afforded an opportunity to be heard. If a person or group detained
38 pursuant to subdivision two of this section needs to be detained beyond
39 three business days, they shall be provided with an additional commis-
40 sioner's order pursuant to subdivisions two and eight of this section.
41 7. When a person or group is ordered to be detained pursuant to subdi-
42 vision two of this section for a period exceeding three business days,
43 and such person or member of such group requests release, the governor
44 or his or her delegee shall make an application for a court order
45 authorizing such detention within three business days after such request
46 by the end of the first business day following such Saturday, Sunday, or
47 legal holiday, which application shall include a request for an expe-
48 dited hearing. After any such request for release, detention shall not
49 continue for more than five business days in the absence of a court
50 order authorizing detention. Notwithstanding the foregoing provisions,
51 in no event shall any person be detained for more than sixty days with-
52 out a court order authorizing such detention. The governor or his or her
53 delegee shall seek further court review of such detention within ninety
54 days following the initial court order authorizing detention and there-
55 after within ninety days of each subsequent court review. In any court
56 proceeding to enforce an order of the governor or his or her delegee for
A. 416 3
1 the removal or detention of a person or group issued pursuant to this
2 subdivision or for review of the continued detention of a person or
3 group, the governor or his or her delegee shall prove the particularized
4 circumstances constituting the necessity for such detention by clear and
5 convincing evidence.
6 8. (a) A copy of any detention order of the governor or his or her
7 delegee issued pursuant to subdivision two of this section shall be
8 given to each detained individual; however, if the order applies to a
9 group of individuals and it is impractical to provide individual copies,
10 it may be posted in a conspicuous place in the detention premises. Any
11 detention order of the commissioner issued pursuant to subdivision two
12 of this section shall set forth:
13 (i) the purpose of the detention and the legal authority under which
14 the order is issued, including the particular sections of this article
15 or other law or regulation;
16 (ii) a description of the circumstances and/or behavior of the
17 detained person or group constituting the basis for the issuance of the
18 order;
19 (iii) the less restrictive alternatives that were attempted and were
20 unsuccessful and/or the less restrictive alternatives that were consid-
21 ered and rejected, and the reasons such alternatives were rejected;
22 (iv) a notice advising the person or group being detained that they
23 have a right to request release from detention, and including
24 instructions on how such request shall be made;
25 (v) a notice advising the person or group being detained that they
26 have a right to be represented by legal counsel and that upon request of
27 such person or group access to counsel will be facilitated to the extent
28 feasible under the circumstances; and
29 (vi) a notice advising the person or group being detained that they
30 may supply the addresses and/or telephone numbers of friends and/or
31 relatives to receive notification of the person's detention, and that
32 the department shall, at the detained person's request and to the extent
33 feasible, provide notice to a reasonable number of such people that the
34 person is being detained.
35 (b) In addition, an order issued pursuant to subdivisions two and
36 seven of this section, requiring the detention of a person or group for
37 a period exceeding three business days, shall:
38 (i) advise the person or group being detained that the detention shall
39 not continue for more than five business days after a request for
40 release has been made in the absence of a court order authorizing such
41 detention;
42 (ii) advise the person or group being detained that, whether or not
43 they request release from detention, the governor or his or her delegee
44 must obtain a court order authorizing detention within sixty days
45 following the commencement of detention and thereafter must further seek
46 court review of the detention within ninety days of such court order and
47 within ninety days of each subsequent court review; and
48 (iii) advise the person or group being detained that they have the
49 right to request that legal counsel be provided, that upon such request
50 counsel shall be provided if and to the extent possible under the
51 circumstances, and that if counsel is so provided, that such counsel
52 will be notified that the person or group has requested legal represen-
53 tation.
54 9. A person who is detained in a medical facility, or other appropri-
55 ate facility or premises, shall not conduct himself or herself in a
A. 416 4
1 disorderly manner, and shall not leave or attempt to leave such facility
2 or premises until he or she is discharged pursuant to this section.
3 10. Where necessary and feasible under the circumstances, language
4 interpreters and persons skilled in communicating with vision and hear-
5 ing impaired individuals shall be provided.
6 11. The provisions of this section shall not apply to the issuance of
7 orders pursuant to § 11.21 of the New York City Health Code.
8 12. In addition to the removal or detention orders referred to in
9 subdivision two of this section, and without affecting or limiting any
10 other authority that the commissioner may otherwise have, the governor
11 or his or her delegee may, in his or her discretion, issue and seek
12 enforcement of any other orders that he or she determines are necessary
13 or appropriate to prevent dissemination or transmission of contagious
14 diseases or other illnesses that may pose a threat to the public health
15 including, but not limited to, orders requiring any person or persons
16 who are not in the custody of the department to be excluded; to remain
17 isolated or quarantined at home or at a premises of such person's choice
18 that is acceptable to the department and under such conditions and for
19 such period as will prevent transmission of the contagious disease or
20 other illness; to require the testing or medical examination of persons
21 who may have been exposed to or infected by a contagious disease or who
22 may have been exposed to or contaminated with dangerous amounts of
23 radioactive materials or toxic chemicals; to require an individual who
24 has been exposed to or infected by a contagious disease to complete an
25 appropriate, prescribed course of treatment, preventive medication or
26 vaccination, including directly observed therapy to treat the disease
27 and follow infection control provisions for the disease; or to require
28 an individual who has been contaminated with dangerous amounts of radio-
29 active materials or toxic chemicals such that said individual may pres-
30 ent a danger to others, to undergo decontamination procedures deemed
31 necessary by the department. Such person or persons shall, upon
32 request, be afforded an opportunity to be heard, but the provisions of
33 subdivisions two through eleven of this section shall not otherwise
34 apply.
35 13. The provisions of this section shall not be construed to permit or
36 require the forcible administration of any medication without a prior
37 court order.
38 § 2. This act shall take effect on the thirtieth day after it shall
39 have become a law. Effective immediately the addition, amendment and/or
40 repeal of any rule or regulation necessary for the implementation of
41 this act on its effective date are authorized to be made and completed
42 on or before such date.
