County Health Officers have existing authority that allows them to institute isolation and quarantine for an emerging and dangerous infectious disease in certain circumstances even without a declared emergency, but there are also additional powers that can kick in when a governor declares a “public health emergency dangerous to public health”.
About 15 years ago the state legislature passed a series of laws designed to provide health officers with enhanced powers during a public health emergency. The law outlines additional authorities that kick in when the Governor declares a public health emergency that’s “dangerous to public health”. The statute has 3 parts: let’s explore each of them here.
ARS 36-787: Public Health Authority During a State of Emergency
This is the law that provides over-arching enhanced authority to the ADHS during a governor declared emergency. It provides additional authority for:
Planning and executing public health emergency assessment, mitigation, preparedness response; Coordinating public health emergency response among state, local and tribal authorities; Collaborating with relevant federal government authorities, elected officials of other states, private organizations and private sector companies; Establishing a process for temporary waiver of the professional licensing requirements; and Granting temporary waivers of health care institution licensing requirements.
More specific and aggressive authority exists for the ADHS to mandate medical examinations for exposed persons, Ration medicine and vaccines, and to buy medicines and vaccines. Under more narrow circumstances, the Director can mandate treatment or vaccination of people and even order the isolation and quarantine of folks.
ARS 36-788 Isolation and Quarantine
This one kicks in only under an executive order from the governor as well. It allows the ADHS director and county health officers to order “persons who have contracted the disease or who have been exposed to the disease may be subject to isolation and quarantine if the director determines that quarantine is the least restrictive means by which the public can be protected from transmission of the disease“.
Fortunately, it requires that isolation or quarantine be done by the least restrictive means necessary to protect the public health and orders that the isolation be done in a hygenic manner.
ARS 36-789 Due Process for Isolation and Quarantine
This is the law in the series that outlines the due process that’s required. It’s a good thing they thought to include this. It says that the ADHS or the local health departments can isolate or quarantine a person or group of persons without getting an order from the court if a delay would pose an immediate and serious threat to the public health. But…
Within 10 days after that directive, the department or local health authority needs to file a petition for a court order authorizing the initial isolation or quarantine. After that, there is judicial review and hearings etc.
– I’m not saying that this authority will be needed or exercised when the COVID-19 virus arrives- but I thought I’d include it this week to highlight that the authority is there if the circumstances call for it (in the mind of the governor).
