Code of Virginia
Chapter 2 - Disease Prevention and Control
§ 32.1-48.010. Appeal of any order of quarantine

A. Any person or persons subject to an order of quarantine or a court-ordered extension of any such order pursuant to this article may file an appeal of the order of quarantine as such order applies to such person or persons in the circuit court for the city or county in which the subject or subjects of the order reside or are located or the circuit court for the jurisdiction or jurisdictions for any affected area. Any petition for appeal shall be in writing, shall set forth the grounds on which the order of quarantine is being challenged vis-a-vis the subject person or persons or affected area, and shall be served upon the State Health Commissioner or his legal representative.
B. A hearing on the appeal of the order of quarantine shall be held within 48 hours of the filing of the petition for appeal or, if the 48-hour period terminates on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the hearing shall be held on the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.
In extraordinary circumstances, for good cause shown, the Commissioner may request a continuance of the hearing, which the court shall only grant after giving due regard to the rights of the affected individuals, the protection of the public health and safety, the severity of the emergency, and the availability of witnesses and evidence.
C. Any person appealing an order of quarantine shall have the burden of proving that he is not properly the subject of the order of quarantine.
D. The filing of an appeal shall not stay any order of quarantine.
E. Upon receiving multiple appeals of an order of quarantine that applies to a group of persons or an affected area, the court may, on the motion of any party or on the court's own motion, consolidate the cases in a single proceeding for all appeals when (i) there are common questions of law or fact relating to the individual claims or rights to be determined; (ii) the claims of the consolidated cases are substantially similar; and (iii) all parties to the appeals will be adequately represented in the consolidation.
F. The circuit court shall not conduct a de novo review of the order of quarantine; however, the court shall consider the existing record and such supplemental evidence as the court shall consider relevant. The court shall conduct the hearing on an appeal of an order of quarantine in a manner that will protect the health and safety of court personnel, counsels, witnesses, and the general public and in accordance with rules of the Supreme Court of Virginia pursuant to subsection C of § 17.1-503. The court may, for good cause shown, hold all or any portion of the hearings in camera upon motion of any party or upon the court's own motion.
G. Upon completion of the hearing, the court may (i) vacate or modify the order of quarantine as such order applies to any person who filed the appeal and who is not, according to the record and the supplemental evidence, appropriately subject to the order of quarantine; (ii) vacate or modify the order of quarantine as such order applies to all persons who filed an appeal and who are not, according to the record and the supplemental evidence, appropriately subject to the order of quarantine; (iii) confirm the order of quarantine as it applies to any person or all appealing parties upon a finding that such person or persons are appropriately subject to the order of quarantine and that quarantine is being implemented in the least restrictive environment to address the public health threat effectively, given the reasonably available information on effective control measures and the nature of the communicable disease of public health threat; or (iv) confirm the order of quarantine as it applies to all persons subject to the order upon finding that all such persons are appropriately subject to the order of quarantine and that quarantine is being implemented in the least restrictive environment to address the public health threat effectively, given the reasonably available information on effective control measures and the nature of the communicable disease of public health threat.
In any case in which the court shall vacate the order of quarantine as it applies to any person who has filed a request for review of such order and who is subject to such order or as it applies to all persons seeking judicial review who are subject to such order, the person or persons shall be immediately released from quarantine unless such order to vacate the quarantine shall be stayed by the filing of an appeal to the Supreme Court or the Court of Appeals. Any party to the case may file an appeal of the circuit court decisions to the Court of Appeals. Parties to the case shall include any person who is subject to an order of quarantine and has filed an appeal of such order with the circuit court and the State Health Commissioner.
H. Appeals of any final order of any circuit court regarding the State Health Commissioner's petition for review and confirmation or extension of an order of quarantine or any appeal of an order of quarantine by a person or persons who are subject to such order shall be appealable to the Court of Appeals, with an expedited review in accordance with the rules of the court pursuant to subsection C of § 17.1-503.
I. Appeals of any circuit court order relating to an order of quarantine shall not stay any order of quarantine.
J. Persons requesting judicial review of any order of quarantine shall have the right to be represented by an attorney in all proceedings. If the person is unable to afford an attorney, counsel shall be appointed for the person by the circuit court for the jurisdiction in which the person or persons who are subject to the order of quarantine reside or, in the case of an affected area, by the circuit court for the jurisdiction or jurisdictions for the affected area. Counsel so appointed shall be paid at a rate established by the Supreme Court of Virginia from the Commonwealth's criminal fund.
2004, cc. 773, 1021; 2007, cc. 699, 783; 2021, Sp. Sess. I, c. 489.

Structure Code of Virginia

Code of Virginia

Title 32.1 - Health

Chapter 2 - Disease Prevention and Control

§ 32.1-35. List and reports of diseases and dangerous microbes and pathogens

§ 32.1-35.1. Information on health care-associated infections

§ 32.1-36. Reports by physicians and laboratory directors

§ 32.1-36.1. Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty

§ 32.1-37. Reports by persons other than physicians

§ 32.1-37.01. Posting of information about cases of communicable disease of public health threat

§ 32.1-37.1. Report of diseases infecting dead human bodies

§ 32.1-37.2. Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions

§ 32.1-38. Immunity from liability

§ 32.1-39. Surveillance and investigation

§ 32.1-40. Authority of Commissioner to examine medical records

§ 32.1-41. Anonymity of patients and practitioners to be preserved in use of medical records

§ 32.1-42. Emergency rules and regulations

§ 32.1-42.1. Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency

§ 32.1-42.2. Declared emergency; priority for personal protective equipment and immunization; funeral service licensees and funeral service establishment employees

§ 32.1-43. Authority of State Health Commissioner to require quarantine, etc.

§ 32.1-44. Isolated or quarantined persons

§ 32.1-45. Expense of treatment

§ 32.1-45.1. Deemed consent to testing and release of test results related to infection with human immunodeficiency virus or hepatitis B or C viruses

§ 32.1-45.2. Public safety employees; testing for blood-borne pathogens; procedure available for certain citizens; definitions

§ 32.1-45.3. Repealed

§ 32.1-45.4. Comprehensive harm reduction programs

§ 32.1-46. Immunization of patients against certain diseases

§ 32.1-46.01. Virginia Immunization Information System

§ 32.1-46.02. Administration of influenza vaccine to minors

§ 32.1-46.1. Board to establish protocol for identification of children with elevated blood-lead levels

§ 32.1-46.2. Certain testing or determination of low risk for elevated blood-lead levels required

§ 32.1-47. Exclusion from school of children not immunized

§ 32.1-47.1. Vaccination of children; plan enhancements

§ 32.1-48. Powers of Commissioner in epidemic

§ 32.1-48.001. (For contingent effective date, see Acts 2021, Sp. Sess. I, c. 472, cl. 2) Real-time information sharing for emergency medical services agencies

§ 32.1-48.01. Definitions

§ 32.1-48.02. Investigations of verified reports or medical evidence; counseling; outpatient and emergency treatment orders; custody upon emergency order; application of article

§ 32.1-48.03. Petition for hearing; temporary detention

§ 32.1-48.04. Isolation hearing; conditions; order for isolation; right to appeal

§ 32.1-48.05. Application of article; determination of exceptional circumstances; regulations; duties of the State Health Commissioner not be delegated

§ 32.1-48.06. Definitions

§ 32.1-48.07. Conditions for invoking the provisions of this article

§ 32.1-48.08. Declaration of quarantine

§ 32.1-48.09. Order of quarantine

§ 32.1-48.010. Appeal of any order of quarantine

§ 32.1-48.011. Isolation may be ordered under certain exceptional circumstances; Commissioner authorized to require hospitalization or other health care

§ 32.1-48.012. Isolation order

§ 32.1-48.013. Appeal of any order of isolation

§ 32.1-48.013:1. Electronic filings as protection from communicable disease

§ 32.1-48.014. Enforcement of orders of quarantine or isolation; penalties

§ 32.1-48.015. Authorization to disclose health records

§ 32.1-48.016. Immunity from liability

§ 32.1-48.017. Use of public or private property or facilities

§ 32.1-48.1. Regulation of State Health Commissioner declaring existence of rabies; display and publication

§ 32.1-48.2. Regulation of Commissioner requiring vaccination or inoculation of dogs

§ 32.1-48.3. Regulations of Commissioner covering local ordinances and requirements

§ 32.1-48.4. Commissioner to cooperate with local governing bodies and agencies

§ 32.1-49. Tuberculosis required to be reported

§ 32.1-49.1. Definitions

§ 32.1-50. Examination of persons suspected of having active tuberculosis disease; reporting; report forms; report schedule; laboratory reports and required samples

§ 32.1-50.1. Treatment plan; submission of plan and mediation of disagreements; determination of cure

§ 32.1-50.2. Administration of tuberculin purified protein derivative by nurses; policies and guidelines

§ 32.1-51. Repealed

§ 32.1-53. Facilities and contracts for treatment of tuberculosis patients

§ 32.1-54. Commissioner authorized to charge patients for care

§ 32.1-55. Definition

§ 32.1-55.1. Anonymous testing sites for human immunodeficiency virus

§ 32.1-56. Information to be provided patients

§ 32.1-57. Examination, testing and treatment; failure to comply with order of examination

§ 32.1-58. Persons convicted of certain crimes to be examined, tested and treated

§ 32.1-59. Examination and treatment in certain institutions

§ 32.1-60. Prenatal tests required

§ 32.1-61. Definition

§ 32.1-62. Procedure upon infant's birth

§ 32.1-63. Duty of physician, midwife or nurse noting ophthalmia neonatorum

§ 32.1-64. Duty of Board to provide for treatment

§ 32.1-64.1. Virginia Hearing Loss Identification and Monitoring System

§ 32.1-64.2. Confidentiality of records; publication; Commissioner required to contact parents, physicians, and relevant local early intervention program

§ 32.1-65. Certain newborn screening required

§ 32.1-65.1. Critical congenital heart defect screening test required

§ 32.1-66. Commissioner to notify physicians; reports to Commissioner

§ 32.1-67. Duty of Board for follow-up and referral protocols; regulations

§ 32.1-67.1. Confidentiality of records; prohibition of discrimination

§ 32.1-68. Commissioner to establish screening and treatment program; review by Board; program to include education and post-screening counseling; laboratory tests

§ 32.1-69. Records confidential; disclosure of results of screening

§ 32.1-69.1. Virginia Congenital Anomalies Reporting and Education System

§ 32.1-69.1:1. Dissemination of information regarding birth defects

§ 32.1-69.2. Confidentiality of records; publication; authority of Commissioner to contact parents and physicians

§ 32.1-69.3. Virginia Cord Blood Bank Initiative established

§ 32.1-69.4. Publication of information regarding cord blood education

§ 32.1-70. Information from hospitals, clinics, certain laboratories and physicians supplied to Commissioner; statewide cancer registry

§ 32.1-70.1. Repealed

§ 32.1-70.2. Collection of cancer case information by the Commissioner

§ 32.1-71. Confidential nature of information supplied; publication; reciprocal data-sharing agreements

§ 32.1-71.01. Penalties for unauthorized use of statewide cancer registry

§ 32.1-71.02. Notification of cancer patients of statewide cancer registry reporting

§ 32.1-71.1. Repealed

§ 32.1-72. Repealed

§ 32.1-73. Failure to comply with provisions; grounds for revocation of license or permit

§ 32.1-73.1. Repealed

§ 32.1-73.5. Comprehensive statewide asthma management plan

§ 32.1-73.6. Implementation of state asthma management programs

§ 32.1-73.7. Department to be lead agency for youth suicide prevention

§ 32.1-73.8. Youth health risk behavior survey

§ 32.1-73.9. Advisory Council on Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal Infections and Pediatric Acute-onset Neuropsychiatric Syndrome; membership

§ 32.1-73.10. Advisory Council; report

§ 32.1-73.11. (Continued pursuant to Acts 2022, Sp. S. I, c. 2, item 299 D) Sunset

§ 32.1-73.12. Department to be lead agency for services for substance-exposed infants

§ 32.1-73.13. Alzheimer's disease and related dementias; early detection and diagnosis; risk reduction and care planning

§ 32.1-73.14. Rare Disease Council; purpose

§ 32.1-73.15. Powers and duties of the Council

§ 32.1-73.16. Membership; terms; quorum; meetings; staffing

§ 32.1-73.17. Rare Disease Council Fund

§ 32.1-73.18. Renal Disease Council; purpose

§ 32.1-73.19. Powers and duties of the Council

§ 32.1-73.20. Membership; terms; quorum; meetings; staffing