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EMERGENCY HEALTH LAWS
Updated September 1, 2010
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Disclaimer:
Not intended to constitute legal advice. Laws presented here are excerpts only,
for educational purposes, and may not be the complete
law on emergency vaccines,
isolation and quarantine for any given state. We are not
responsible for the content of any websites linked to from this site.
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ALABAMA
Sec. 16-30-3.
Exemptions.
(1) In the absence of
an epidemic or immediate threat thereof, the parent or guardian of the
child shall object thereto in writing on grounds that such immunization
or testing conflicts with his religious tenets and practices . . .
Chapter 9A.
Alabama Homeland Security Act of 2003
§
31-9A-9.
Additional powers of director that may be exercised under the direction
and control of the Governor during a declaration of emergency as
authorized in Section 31-9-8
(a) When the Governor
declares a state of emergency as authorized in Section 31-9-8, if the
emergency is related to homeland security, the director shall have and
may exercise the following additional powers, under the direction and
control of the Governor:
. . .
(2) Sell, lend,
lease, give, transfer, or deliver materials or perform services for
homeland security purposes on such terms and conditions as the Governor
shall prescribe and without regard to the limitations of any existing
law, and account to the State Treasurer for any funds received for such
property.
(3) Perform and
exercise such other functions, powers, and duties as are necessary to
promote and secure the safety and protection of the civilian population
and achieve the purposes of this chapter.
(4) Assist the
Department of Agriculture and Industries and the Department of Public
Health to employ such measures as the quarantine of persons, animals,
plants, fruits, or food products, as may be reasonably necessary for
the purpose of securing compliance with this chapter
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ALASKA
Sec.
14.30.125.
Immunization.
If
in the judgment of the commissioner of health and social services
it is necessary for the welfare of the children or the general public
in an area, the governing body of the school district shall require the
children attending school in that area to be immunized against the
diseases the commissioner of health and social services may specify.
Sec.
14.45.100.
Exemption.
A
religious or other private school that complies with AS 14.45.100
-- 14.45.130 is exempt from other provisions of law and regulations
relating to education except law and regulations relating to physical
health, fire safety, sanitation, immunization, and physical
examinations.
Sec. 18.15.385.
Isolation and quarantine.
(b)(1) isolation and quarantine shall be by the least
restrictive means necessary to prevent the spread
of a contagious or possibly contagious disease that poses a significant
risk to public health; isolation and quarantine
may include confinement to private homes or other private and public
premises; absent exceptional circumstances that would jeopardize public
health, a person shall be allowed to choose confinement in the person's
home.
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IOWA
[posted
3-1-10]
TITLE IV PUBLIC HEALTH
CHAPTER 139A COMMUNICABLE AND INFECTIOUS DISEASES AND POISONINGS
139A.4 TYPE AND LENGTH OF ISOLATION OR QUARANTINE.
1. The type and
length of isolation or quarantine imposed for a specific communicable
disease shall be in accordance with rules adopted by the department.
2. The department
and the local boards may impose and enforce isolation and quarantine
restrictions.
PUBLIC HEALTH DEPARTMENT RULES
CHAPTER 7
IMMUNIZATION AND IMMUNIZATION EDUCATION: PERSONS ATTENDING ELEMENTARY
OR SECONDARY SCHOOLS, LICENSED CHILD CARE CENTERS OR INSTITUTIONS OF
HIGHER EDUCATION
641—7.1(139A) Definitions.
1.9(3)
Conditions and principles. The department and local boards of health
shall adhere to all of the
following conditions and principles when isolating or quarantining
individuals or a group of individuals:
a. The isolation or quarantine . . . may include, but not be limited
to, confinement to private homes, other private premises, or public
premises.
-----
1.9(6) Isolation and quarantine by the Iowa department of public health.
a. Authority. (1) The department, through the director, the
department’s medical director, or the director’s or
medical director’s designee, may: . . .
2. Quarantine individuals or groups of individuals who have been
exposed to a quarantinable
disease, including individuals who are unable or unwilling to undergo
examination, testing, vaccination,
or treatment, pursuant to Iowa Code section 135.144(9).
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7.3(3) Medical and religious exemptions under this rule do not apply in
times of emergency or
epidemic as determined by the state board of health and declared by the
director of public health.
See also Iowa Department of Public Health
Certificate of
Immunization Exemption.
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KENTUCKY
[posted
4-1-10]
§
214.036. Exceptions
to testing or
immunization requirement
Nothing
contained in
KRS 158.035, KRS 214.010, KRS 214.020, KRS 214.032 to KRS 214.036, and
KRS 214.990 shall be construed to require the testing for tuberculosis
or the immunization of any child at a time when, in the written opinion
of his attending physician, such testing or immunization would be
injurious to the child's health. Nor shall KRS 158.035, KRS 214.010,
KRS 214.020, KRS 214.032 to KRS 214.036, and KRS 214.990 be construed
to require the immunization of any child whose parents are opposed to
medical immunization against disease, and who object by a written sworn
statement to the immunization of such child on religious grounds.
Provided, however, that in the event of an epidemic in a given area,
the Cabinet for Health and Family Services may, by emergency
regulation, require the immunization of all persons within the
area of epidemic, against the disease responsible for such epidemic.
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MARYLAND [posted
4-1-10]
§
7-403. [Effective
5/31/2010].
(b) (1) Unless
the Secretary of Health and Mental Hygiene declares an emergency or an
epidemic of disease, a child whose parent or guardian objects to
immunizations on the ground that it conflicts with the parent's or
guardian's bona fide religious beliefs and practices may not be
required to present a physician's certification of
immunization in
order to be admitted to school.
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MASSACHUSETTS
[posted
3-1-10]
CHAPTER 76. SCHOOL
ATTENDANCE
G.L. c.76, §15 Vaccination and immunization
Section 15. . .
. In the absence of
an emergency or epidemic of disease declared by the department of
public health, no child whose parent or guardian states in writing that
vaccination or immunization conflicts with his sincere religious
beliefs shall be required to present said physician's certificate in
order to be admitted to school.
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105 CMR 300.210:
Procedures for Isolation and Quarantine.
...
(B) General.
...
(3) Types of Orders. Orders for isolation and quarantine may include,
but are not limited to, restricting individuals or groups from being
present in certain places including but not limited to school or
workplace; restriction to residence and/or workplace; and confinement
in other private or public premises.
(D) Temporary Isolation or Quarantine through Oral Order.
(1) The Department
or local board of
health may temporarily isolate or quarantine an individual or group of
people as authorized by 105 CMR 300.000 through an oral order only if
delay in imposing the isolation or quarantine would pose a serious,
imminent danger to the public health.
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NEW
JERSEY [updated 7-13-10]
§ 26:1A-9.1. Exemption for
pupils from mandatory immunization; interference with religious rights;
suspension
Provisions in the State
Sanitary Code in implementation of this act shall provide for exemption
for pupils from mandatory immunization if the parent or guardian of the
pupil objects thereto in a written statement signed by the parent or
guardian upon the ground that the proposed immunization interferes with
the free exercise of the pupil's religious rights. This exemption may be suspended by
the State Commissioner of Health during the existence of an emergency
as determined by the State Commissioner of Health. [emphasis
added]
Title 26. HEALTH
AND VITAL STATISTICS
§
26:13-6. Emergency Health Care Provider
Registry
c. The commissioner
may identify all or part of a health care facility or other location as an
emergency health care center. Upon the declaration of a public health
emergency, an emergency health care center may be used for:
(1) Evaluation and
referral of individuals affected by the emergency or crisis;
(2) Provision of
health care services, including vaccination, mass prophylaxis [includes mass vaccination], isolation and quarantine; and
(3) Preparation of
patients for transportation.
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NORTH
CAROLINA [updated
4-6-10]
State of North Carolina Emergency
Operations Plan
April 2009 (Public Version)
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