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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
|||| 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
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