2003 Legislation
Print Friendly

SENATE BILL NO. 1075 – Public health, isolation/quarantine

SENATE BILL NO. 1075

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1075.................................................by HEALTH AND WELFARE
PUBLIC HEALTH - Amends existing law to clarify the authority of the
director of the Department of Health and Welfare to impose, subject to
judicial review, orders for isolation and quarantine.
                                                                        
02/06    Senate intro - 1st rdg - to printing
02/07    Rpt prt - to Health/Wel
02/14    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Bailey
    Title apvd - to House
02/19    House intro - 1st rdg - to Health/Wel
03/25    Rpt out - rec d/p - to 2nd rdg
03/26    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 64-0-6
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Deal,
      Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould,
      Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,
      Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,
      Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Crow, Cuddy, Ellsworth, Roberts,
      Smith(24)
    Floor Sponsor - Eberle
    Title apvd - to Senate
03/31    To enrol
04/01    Rpt enrol - Pres signed
04/02    Sp signed
04/03    To Governor
04/08    Governor signed
         Session Law Chapter 240
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1075
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF HEALTH  AND
  3        WELFARE  TO  PROTECT  THE  PUBLIC  HEALTH; AMENDING SECTION 56-1001, IDAHO
  4        CODE, TO FURTHER DEFINE TERMS; AND AMENDING SECTION 56-1003,  IDAHO  CODE,
  5        TO  CLARIFY  THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND
  6        WELFARE TO IMPOSE, SUBJECT TO JUDICIAL REVIEW, ORDERS  FOR  ISOLATION  AND
  7        QUARANTINE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 56-1001, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        56-1001.  DEFINITIONS. Whenever used  or  referred  to  in  this  chapter,
 12    unless  a  different  meaning  clearly appears from the context, the following
 13    terms shall have the following meanings:
 14        (1)  "Board" means the board of health and welfare as created  in  section
 15    56-1005, Idaho Code.
 16        (2)  "Department" means the department of health and welfare.
 17        (3)  "Director"  means  the  director of the department of health and wel-
 18    fare.
 19        (4)  "Isolation" means the separation of infected persons, or  of  persons
 20    suspected to be infected, from other persons to such places, under such condi-
 21    tions, and for such time as will prevent transmission of the infectious agent.
 22        (5)  "Laboratory"  means  not only facilities for biological, serological,
 23    biophysical, cytological and pathological tests, but also facilities  for  the
 24    chemical  or  other  examination  of  materials  from water, air or other sub-
 25    stances.
 26        (56)  "Person" means any individual, association, partnership, firm, joint
 27    stock company, trust, estate, political subdivision, public or private  corpo-
 28    ration,  state  or federal governmental department, agency or instrumentality,
 29    or any other legal entity which is recognized by law as the subject of  rights
 30    and duties.
 31        (67)  "Public swimming pool" means an artificial structure, and its appur-
 32    tenances,  which  contains  water more than two (2) feet deep which is used or
 33    intended to be used for swimming or recreational bathing, and which is for the
 34    use of any segment of the public pursuant to a general invitation but  not  an
 35    invitation  to  a  specific occasion or occasions. The term does not include a
 36    swimming pool operated solely for and in conjunction with a  hotel,  motel  or
 37    other place of lodging, or a trailer park, apartment, condominium or any other
 38    residential facility containing multiple dwellings.
 39        (8)  "Quarantine" means the restriction placed on the entrance to and exit
 40    from  the  place  or  premises where an infectious agent or hazardous material
 41    exists.
 42        (79)  "State" means the state of Idaho.
 43        (810)  "Substantive" means that which creates, defines  or  regulates  the
                                                                        
                                           2
                                                                        
  1    rights  of  any  person or implements, interprets or prescribes law or policy,
  2    but does not include statements concerning only the internal management of the
  3    department and not affecting private rights or  procedures  available  to  the
  4    public.
                                                                        
  5        SECTION  2.  That  Section 56-1003, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        56-1003.  POWERS AND DUTIES OF THE DIRECTOR. The director shall  have  the
  8    following powers and duties:
  9        (1)  All  of the powers and duties of the department of public health, the
 10    department of health, the board of health and all nonenvironmental  protection
 11    duties of the department of health and welfare are hereby vested to the direc-
 12    tor of the department of health and welfare. Provided however, that rulemaking
 13    and  hearing  functions relating to public health and licensure and certifica-
 14    tion standards shall be vested in the board of health and welfare. The  direc-
 15    tor  shall have all such powers and duties as may have been or could have been
 16    exercised by his predecessors in law, including the authority to  adopt,  pro-
 17    mulgate, and enforce rules in those circumstances when the authority to adopt,
 18    promulgate,  and  enforce  such rules is not vested in the board of health and
 19    welfare, and shall be the successor in  law  to  all  contractual  obligations
 20    entered  into  by predecessors in law. All rulemaking proceedings and hearings
 21    of the director shall be governed by the provisions of chapter 52,  title  67,
 22    Idaho Code.
 23        (2)  The  director  shall,  pursuant  and subject to the provisions of the
 24    Idaho Code, and the provisions of this chapter, formulate and recommend to the
 25    board rules, codes and standards, as may be necessary to  deal  with  problems
 26    related  to personal health, and licensure and certification requirements per-
 27    tinent thereto, which shall, upon adoption by the board, have the force of law
 28    relating to any purpose which may be necessary and feasible for enforcing  the
 29    provisions  of this chapter including, but not limited to, the maintenance and
 30    protection of personal health. Any such rule or standard  may  be  of  general
 31    application  throughout  the state or may be limited as to times, places, cir-
 32    cumstances or conditions  in  order  to  make  due  allowance  for  variations
 33    therein.
 34        (3)  The  director,  under  the  rules, codes or standards adopted by him,
 35    shall have the general supervision of the  promotion  and  protection  of  the
 36    life,  health  and  mental  health of the people of this state. The powers and
 37    duties of the director shall include, but not be limited to, the following:
 38        (a)  The issuance of licenses and permits as prescribed by law and by  the
 39        rules of the board;
 40        (b)  The  supervision  and administration of laboratories and the supervi-
 41        sion and administration of standards of tests for environmental pollution,
 42        chemical analyses and communicable diseases. The director may require that
 43        laboratories operated by any city, county, institution,  person,  firm  or
 44        corporation  for health or environmental purposes conform to standards set
 45        by the board of health and welfare and the board of environmental quality;
 46        (c)  The supervision and administration of a mental health program,  which
 47        shall  include  services for the evaluation, screening, custody and treat-
 48        ment of the mentally ill and those persons suffering from a mental defect,
 49        or mental defects;
 50        (d)  The enforcement of minimum standards of health, safety and sanitation
 51        for all public swimming pools within the state;
 52        (e)  The supervision and administration of the various schools,  hospitals
 53        and institutions that were the responsibility of the board of health;
                                                                        
                                           3
                                                                        
  1        (f)  The supervision and administration of services dealing with the prob-
  2        lems of alcoholism including, but not limited to, the care and rehabilita-
  3        tion of persons suffering from alcoholism;
  4        (g)  The  establishment  of  liaison  with other governmental departments,
  5        agencies and boards in order  to  effectively  assist  other  governmental
  6        entities with the planning for the control of or abatement of health prob-
  7        lems.  All  of the rules and standards adopted by the board shall apply to
  8        state institutions;
  9        (h)  The supervision and administration of an  emergency  medical  service
 10        program  including, but not limited to, assisting other governmental agen-
 11        cies and local governmental units, in providing first aid emergency  medi-
 12        cal services and for transportation of the sick and injured;
 13        (i)  The  supervision  and  administration  of  administrative units whose
 14        responsibility shall be to assist and encourage  counties,  cities,  other
 15        governmental  units,  and industries in the control of and/or abatement of
 16        health problems;
 17        (j)  The enforcement of all laws, rules, codes and standards  relating  to
 18        health.
 19        (4)  The  director,  when  so  designated  by the governor, shall have the
 20    power to apply for, receive on behalf of the state, and  utilize  any  federal
 21    aid,  grants,  gifts, gratuities, or moneys made available through the federal
 22    government.
 23        (5)  The director shall have the power to enter into  and  make  contracts
 24    and  agreements with any public agencies or municipal corporations for facili-
 25    ties, land, and equipment when such use will have a beneficial,  recreational,
 26    or  therapeutic  effect  or be in the best interest in carrying out the duties
 27    imposed upon the department.
 28        The director shall also have the power to enter  into  contracts  for  the
 29    expenditure  of  state matching funds for local purposes. This subsection will
 30    constitute the authority for public  agencies  or  municipal  corporations  to
 31    enter into such contracts and expend money for the purposes delineated in such
 32    contracts.
 33        (6)  The  director  is  authorized to adopt an official seal to be used on
 34    appropriate occasions, in connection with the functions of the  department  or
 35    the  board,  and  such  seal shall be judicially noticed. Copies of any books,
 36    records, papers and other documents in the department  shall  be  admitted  in
 37    evidence  equally  with  the  originals  thereof when authenticated under such
 38    seal.
 39        (7)  The director, under rules adopted by the board of health and welfare,
 40    shall have the power to impose and enforce orders of isolation and  quarantine
 41    to  protect  the public from the spread of infectious or communicable diseases
 42    or from contamination from chemical or biological  agents,  whether  naturally
 43    occurring or propagated by criminal or terrorist act.
 44        (a)  An  order  of isolation or quarantine issued pursuant to this section
 45        shall be a final agency action for purposes of judicial  review.  However,
 46        this  shall not prevent the director from reconsidering, amending or with-
 47        drawing the order. Judicial review of orders of  isolation  or  quarantine
 48        shall  be  de  novo. The court may affirm, reverse or modify the order and
 49        shall affirm the order if it appears by a preponderance  of  the  evidence
 50        that  the  order is reasonably necessary to protect the public from a sub-
 51        stantial and immediate danger of the spread of an infectious or communica-
 52        ble disease or from contamination by a chemical or biological agent.
 53        (b)  If the director has reasonable cause to believe a chemical or biolog-
 54        ical agent has been released in an identifiable place, including a  build-
 55        ing  or  structure,  an  order of quarantine may be imposed to prevent the
                                                                        
                                           4
                                                                        
  1        movement of persons into or out of that place, for  a  limited  period  of
  2        time,  for  the purpose of determining whether a person or persons at that
  3        place have been contaminated with a chemical or biological agent which may
  4        create a substantial and immediate danger to the public.
  5        (c)  Any person who violates an order of isolation or quarantine shall  be
  6        guilty of a misdemeanor.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                            RS 12322C1

While long believed to be an inherent power of the Department of
Health and Welfare, as successor to the department of public
health, there are no specific statutory provisions authorizing the
imposition of quarantine and isolation.  Such powers are
historically recognized as necessary to prevent the spread of
infectious or communicable diseases.  In recognition of the need to
be prepared to deal with the threats of drug resistant and emerging
diseases and the threat of chemical or biological terrorism, this
bill clarifies the authority of the Director of health and welfare
to impose isolation and quarantine orders.  It also provides for
the possibility of immediate judicial review of such orders as a
safeguard to those who may be affected by such orders.


                         FISCAL IMPACT

None











CONTACT
Name:        Richard Schultz
Agency:      Health and Welfare
Phone:       334-5945

Statement of Purpose/Fiscal Impact                                                           S 107