WAC 246-100-040
Procedures for isolation or quarantine. (1) At his or her sole discretion, a local health officer may
issue an emergency detention order causing a person or group
of persons to be immediately detained for purposes of
isolation or quarantine in accordance with subsection (3) of
this section, or may petition the superior court ex parte for
an order to take the person or group of persons into
involuntary detention for purposes of isolation or quarantine
in accordance with subsection (4) of this section, provided
that he or she:
(a) Has first made reasonable efforts, which shall be
documented, to obtain voluntary compliance with requests for
medical examination, testing, treatment, counseling,
vaccination, decontamination of persons or animals, isolation,
quarantine, and inspection and closure of facilities, or has
determined in his or her professional judgment that seeking
voluntary compliance would create a risk of serious harm; and
(b) Has reason to believe that the person or group of
persons is, or is suspected to be, infected with, exposed to,
or contaminated with a communicable disease or chemical,
biological, or radiological agent that could spread to or
contaminate others if remedial action is not taken; and
(c) Has reason to believe that the person or group of
persons would pose a serious and imminent risk to the health
and safety of others if not detained for purposes of isolation
or quarantine.
(2) A local health officer may invoke the powers of
police officers, sheriffs, constables, and all other officers
and employees of any political subdivisions within the
jurisdiction of the health department to enforce immediately
orders given to effectuate the purposes of this section in
accordance with the provisions of RCW 43.20.050(4) and70.05.120
.
(3) If a local health officer orders the immediate
involuntary detention of a person or group of persons for
purposes of isolation or quarantine:
(a) The emergency detention order shall be for a period
not to exceed ten days.
(b) The local health officer shall issue a written
emergency detention order as soon as reasonably possible and
in all cases within twelve hours of detention that shall
specify the following:
(i) The identity of all persons or groups subject to
isolation or quarantine;
(ii) The premises subject to isolation or quarantine;
(iii) The date and time at which isolation or quarantine
commences;
(iv) The suspected communicable disease or infectious
agent if known;
(v) The measures taken by the local health officer to
seek voluntary compliance or the basis on which the local
health officer determined that seeking voluntary compliance
would create a risk of serious harm; and
(vi) The medical basis on which isolation or quarantine
is justified.
(c) The local health officer shall provide copies of the
written emergency detention order to the person or group of
persons detained or, if the order applies to a group and it is
impractical to provide individual copies, post copies in a
conspicuous place in the premises where isolation or
quarantine has been imposed.
(d) Along with the written order, and by the same means
of distribution, the local health officer shall provide the
person or group of persons detained with the following written
notice:
NOTICE: You have the right to petition the superior court
for release from isolation or quarantine in accordance with
WAC 246-100-055. You have a right to legal counsel. If you
are unable to afford legal counsel, then counsel will be
appointed for you at government expense and you should request
the appointment of counsel at this time. If you currently
have legal counsel, then you have an opportunity to contact
that counsel for assistance.
(4) If a local health officer petitions the superior
court ex parte for an order authorizing involuntary detention
of a person or group of persons for purposes of isolation or
quarantine pursuant to this section:
(a) The petition shall specify:
(i) The identity of all persons or groups to be subject
to isolation or quarantine;
(ii) The premises where isolation or quarantine will take
place;
(iii) The date and time at which isolation or quarantine
will commence;
(iv) The suspected communicable disease or infectious
agent if known;
(v) The anticipated duration of isolation or quarantine
based on the suspected communicable disease or infectious
agent if known;
(vi) The measures taken by the local health officer to
seek voluntary compliance or the basis on which the local
health officer determined that seeking voluntary compliance
would create a risk of serious harm;
(vii) The medical basis on which isolation or quarantine
is justified.
(b) The petition shall be accompanied by the declaration
of the local health officer attesting to the facts asserted in
the petition, together with any further information that may
be relevant and material to the court's consideration.
(c) Notice to the persons or groups identified in the
petition shall be accomplished in accordance with the rules of
civil procedure.
(d) The court shall hold a hearing on a petition filed
pursuant to this section within seventy-two hours of filing,
exclusive of Saturdays, Sundays, and holidays.
(e) The court shall issue the order if there is a
reasonable basis to find that isolation or quarantine is
necessary to prevent a serious and imminent risk to the health
and safety of others.
(f) A court order authorizing isolation or quarantine as
a result of an ex parte hearing shall:
(i) Specify a maximum duration for isolation or
quarantine not to exceed ten days;
(ii) Identify the isolated or quarantined persons or
groups by name or shared or similar characteristics or
circumstances;
(iii) Specify factual findings warranting isolation or
quarantine pursuant to this section;
(iv) Include any conditions necessary to ensure that
isolation or quarantine is carried out within the stated
purposes and restrictions of this section;
(v) Specify the premises where isolation or quarantine
will take place; and
(vi) Be served on all affected persons or groups in
accordance with the rules of civil procedure.
(5) A local health officer may petition the superior
court for an order authorizing the continued isolation or
quarantine of a person or group detained under subsections (3)
or (4) of this section for a period up to thirty days.
(a) The petition shall specify:
(i) The identity of all persons or groups subject to
isolation or quarantine;
(ii) The premises where isolation or quarantine is taking
place;
(iii) The communicable disease or infectious agent if
known;
(iv) The anticipated duration of isolation or quarantine
based on the suspected communicable disease or infectious
agent if known;
(v) The medical basis on which continued isolation or
quarantine is justified.
(b) The petition shall be accompanied by the declaration
of the local health officer attesting to the facts asserted in
the petition, together with any further information that may
be relevant and material to the court's consideration.
(c) The petition shall be accompanied by a statement of
compliance with the conditions and principles for isolation
and quarantine contained in WAC 246-100-045.
(d) Notice to the persons or groups identified in the
petition shall be accomplished in accordance with the rules of
civil procedure.
(e) The court shall hold a hearing on a petition filed
pursuant to this subsection within seventy-two hours of
filing, exclusive of Saturdays, Sundays, and holidays. In
extraordinary circumstances and for good cause shown, the
local health officer may apply to continue the hearing date
for up to ten days, which continuance the court may grant at
its discretion giving due regard to the rights of the affected
individuals, the protection of the public's health, the
severity of the public health threat, and the availability of
necessary witnesses and evidence.
(f) The court shall grant the petition if it finds that
there is clear, cogent, and convincing evidence that isolation
or quarantine is necessary to prevent a serious and imminent
risk to the health and safety of others.
(g) A court order authorizing continued isolation or
quarantine as a result of a hearing shall:
(i) Specify a maximum duration for isolation or
quarantine not to exceed thirty days;
(ii) Identify the isolated or quarantined persons or
groups by name or shared or similar characteristics or
circumstances;
(iii) Specify factual findings warranting isolation or
quarantine pursuant to this section;
(iv) Include any conditions necessary to ensure that
isolation or quarantine is carried out within the stated
purposes and restrictions of this section;
(v) Specify the premises where isolation or quarantine
will take place; and
(vi) Be served on all affected persons or groups in
accordance with the rules of civil procedure.
(6) Prior to the expiration of a court order for
continued detention issued pursuant to subsection (5) of this
section, the local health officer may petition the superior
court to continue isolation or quarantine provided:
(a) The court finds there is a reasonable basis to
require continued isolation or quarantine to prevent a serious
and imminent threat to the health and safety of others.
(b) The order shall be for a period not to exceed thirty
days.
(7) State statutes, rules, and state and federal
emergency declarations governing procedures for detention,
examination, counseling, testing, treatment, vaccination,
isolation, or quarantine for specified health emergencies or
specified communicable diseases, including, but not limited
to, tuberculosis and HIV, shall supersede this section.
[Statutory Authority: RCW 43.20.050 (2)(d), 70.05.050, and70.05.060
. 03-05-048, § 246-100-040, filed 2/13/03, effective
2/13/03.]