Proposed Bill – NY

New York Assembly

MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f) 
BILL NUMBER: A416

SPONSOR: Perry
 
TITLE OF BILL:

An act to amend the public health law, in relation to the removal of
cases, contacts and carriers of communicable diseases who are potential-
ly dangerous to the public health

 
PURPOSE:

To allow the governor or the appropriate health official to order the
removal and detention of any person afflicted with a communicable
disease in the event that there is a state of health emergency declared
by the governor in relation to such disease.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds § 2120-a to the public health law relating
to the removal and detention of cases, contacts, and carriers who are or
may be a danger to public health; other orders. Subdivision 1 defines
the circumstances that the provisions of this section shall be utilized
in the event that the governor declares a state of health emergency due
to an epidemic of any communicable disease.

Subdivision 2 authorizes under clear and convincing evidence that the
governor or his delegate may order the removal and/or detention of such
a person or of a group of such persons by issuing a single order. The
evidence should conclude that the health of others may be endangered by
a case, contact, or carrier or of one of suspect of a communicable
disease and that after consultation with the commissioner, may pose an
imminent and significant threat to the public health resulting in severe
morbidity or high mortality. Such persons or group of people shall be
detained in a medical facility or other appropriate facility designated
by the governor or his or her delegate.

Subdivision 3 requires that any person or group removed or detained by
order of the governor or his or her delegate shall be detained for as
long as the department may direct.

Paragraph a of subdivision 4 requires the release of an afflicted person
pursuant to subdivision two after the department determines that such
person is no longer contagious.

Paragraph b requires the release of a suspected case or carrier after
the department determines, with the exercise of due diligence that such
person is not infected with or has not been exposes to such disease, and
no longer is or will become contagious.

Paragraph c requires the release of a detained person after the depart-
ment determines that the person is not infected with disease or that
such person no longer presents a potential danger to the health of
others.

Paragraph d requires the release of a contact of a suspected case after
the department determines that the suspected case was not infected with
such a disease, or was not contagious at the time the contact was
exposed to such individual, or after the department determines that the
contact no longer presents a potential danger to the health of others.
Subdivision 5 requires that a detained person must have his or her
medical condition and needs assessed and addressed on a regular basis
and that the individual be detained in a manner consistent with proper
isolation and infection control principles in order to minimize the
likelihood of transmission of infection.

Subdivision 6 provides that when a person or group who are detained for
a period not exceeding three business days, he, she, or they, upon
request, shall be afforded an opportunity to be heard.If said persons
need to be detained beyond three business days, they shall be provided
with an additional commissioner’s order pursuant to subdivisions two and
eight of this section.

Subdivision 7 requires that a person or group are detained for a period
exceeding three business days and requests release, the governor, or his
or her delegate, shall make an application for a court order authorizing
such detention. The application shall include a request for an expedited
hearing. Detention shall not continue for more than five business days
in the absence of a court order authorizing such detention..In no event
will a person be detained for more than sixty days without a court
order. The governor or his or her delegee shall seek further court
review of such detention within ninety days following the initial court
order authorizing detention and thereafter within ninety days of each
subsequent court review. In order for the removal or detention of a
person or group issued pursuant or the further detention thereof, the
governor or his or her delegee shall prove the particularized circum-
stances constituting the necessity for such detention by clear and
convincing evidence.

Paragraph a of subdivision 8 requires a copy of any detention order of
the governor be given to each detained individual.If the order applies
to a group of individuals, the order may be posted in a conspicuous
place in detention premises and is required to contain the purpose of
the detention and legal authority under which the order is issued,
including the particular sections of this article or other law or regu-
lation, as well as a notice advising the person or group being detained
that they have the right to request release from detention, including
instructions on how to make such request. This paragraph also includes a
notice advising the person or group being detained that they have a
right to be represented by legal counsel and that upon request of such
person or group will be facilitated to the extent under the circum-
stances. A notice shall also be provided advising the person or group
being detained that they may supply the addresses and/or telephone
numbers of friends and relatives to receive notification of the person’s
detention.

Paragraph b authorizes that the person or group being detained shall not
continue to be so for more than five business days after request for
release has been made in the absence of a court order authorizing such
detention. In addition, the person or group being detained shall be
advised that regardless of whether they asked to be released or not,
that the governor or his or her delegee must obtain a court order
authorizing detention within sixty days after the detention has begun
and thereafter must further seek court review of the detention within
ninety days of such court order and within ninety days of each court
review thereafter This paragraph also requires that the person or group
being detained be advised that they have the right to request that legal
counsel be provided and that upon such request, counsel shall be
provided if and to the extent possible under the circumstances, and that
if counsel is so provided, that such counsel will be notified that the
person or group has requested legal representation.

Subdivision 9 authorizes that a person detained in a medical facility or
other appropriate facility shall not conduct his or her self in a disor-
derly manner, and shall not leave or attempt to leave such facility
until he or she is discharged.

Subdivision 10 requires that language interpreters and persons skilled
in communicating with vision and hearing impaired individuals shall be
provided under feasible circumstances.

Subdivision 11 authorizes that the provisions of this section shall not
apply to the issuance of orders pursuant to Section 11.21 of the New
York City Health Code.

Subdivision 12 authorizes the governor to reserve the right to issue and
seek enforcement of any other orders that he or she determines are
necessary. In order to prevent transmission of the contagious disease,
testing or medical examination of persons to complete an appropriate,
prescribed course of treatment, preventative medication, or vaccination.
If said person has been contaminated with dangerous amounts of radioac-
tive materials or toxic chemicals, such that the individual may present
a danger to others, and will be subject to decontamination procedures
deemed necessary by the department.

Subdivision 13 allows that the provisions of this section shall not be
construed to permit or require the forcible administration of any medi-
cation without a prior court order.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

A communicable disease is defined as any disease that can be transmitted
from one person or animal to another. It is important for both persons
suspected of being afflicted with a communicable disease as well as
those around them to be properly protected. Currently, The

Secretary of the Department of Health and Human Services has statutory
responsibility for preventing the introduction, transmission, and spread
of communicable diseases in the United States. Under its delegated
authority, the Division of Global Migration and Quarantine works to
fulfill this responsibility through a variety of activities, including
Quarantine Stations, as well as standards for medical examinations.The
legal foundation for these activities is found in Titles 8 and 42 of the
U.S.

Code and relevant supporting regulations. The process of removing
persons who may have or are suspected to have been afflicted with a
communicable disease is necessary to public health. The swift actions
taken by health officials in lieu of the Ebola virus outbreak in the
United States are a demonstration of how swift and proper action can be
of great benefit to public health. The removal and detainment of indi-
viduals who may be a risk to public health as a result of a communicable
disease is necessary so that the danger of the spread of the disease is
not a threat to the public. Isolation may be used for ill people, to
protect the public by preventing exposure to infected people. Quarantine
may be used to restrict the movement of well people who may have been
exposed to a communicable disease until it can be determined if they are
ill, for example, people who have a communicable disease but do not know
it, or may have the disease because of close contact with ill people but
do not show symptoms. State and local governments are primarily respon-
sible for maintaining public health and controlling the spread of
diseases within state borders. Among other state public health emergency
preparedness powers, every state, the District of Columbia and most
territories have laws authorizing quarantine and isolation, usually
through the state’s health authority. The federal government has author-
ity as well, through the Centers for Disease Control and Prevention
(CDC), to monitor and respond to the spread of communicable diseases
across national or state borders, or if the state government is unwill-
ing or unable to effectively respond.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A.99 – Referred to Health 2017-2018: A.680 – Referred to
Health 2015-2016: A.6891 – Referred to Health

 
EFFECTIVE DATE:
Thirty days after becoming a law except that any rules or regulations
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.

New York Assembly

One thought on “Proposed Bill – NY

  1. Re: “PURPOSE: To allow the governor or the appropriate health official to order the removal and detention of any person afflicted with a communicable disease in the event that there is a state of health emergency declared by the governor in relation to such disease.”

    This is what Communism looks like.

    .

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