A00099 Text:

STATE OF NEW YORK
        ________________________________________________________________________
 
                                           99
 
                               2019-2020 Regular Sessions
 
IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        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.
                                                                   LBD05242-01-9
        A. 99                               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. 99                               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
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     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.
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