A. Upon a determination by the State Health Commissioner that exceptional circumstances exist relating to one or more persons in the Commonwealth who are known to have been exposed to or infected with or reasonably suspected to have been exposed to or infected with a communicable disease of public health threat and that such exceptional circumstances render the procedures of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter to be insufficient control measures or that the individuals have failed or refused to comply voluntarily with the control measures directed by the State Health Commissioner in response to a communicable disease of public health threat, the State Health Commissioner may invoke the provisions of this article relating to quarantine and isolation.
B. The Board of Health shall promulgate regulations for the implementation of this article that shall (i) address the circumstances that are subject to the application of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and the exceptional circumstances in which this article may be invoked by the State Health Commissioner; (ii) provide procedures to assure that any quarantine or isolation is implemented in the least restrictive environment; (iii) ensure that the essential needs of persons subject to an order of isolation issued pursuant to this article shall be met, including, but not limited to, food, water, and health care, e.g., medications, therapies, testing, and durable medical equipment; (iv) provide procedures for proper notice of orders of quarantine and orders of isolation; (v) provide procedures for the State Health Commissioner to issue an emergency detention order for persons for whom he has probable cause to believe that they may fail or refuse to comply with an order of quarantine or an order of isolation; and (vi) address any other issue or procedure covered herein that the Board deems to be properly the subject of regulation.
C. The powers granted to the State Health Commissioner pursuant to this article shall not be delegated to or invoked by any local or district health department director. However, in the event the State Health Commissioner, duly appointed and confirmed pursuant to § 32.1-17, shall be unable to perform his duties pursuant to this article, any Deputy Commissioner, appointed by the State Health Commissioner and approved by the Board pursuant to § 32.1-22, shall be authorized to invoke the provisions of this article.
2004, cc. 773, 1021.
Structure Code of Virginia
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
§ 32.1-37. 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
§ 32.1-38. 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
§ 32.1-43. Authority of State Health Commissioner to require quarantine, etc.
§ 32.1-44. Isolated or quarantined persons
§ 32.1-45. Expense of treatment
§ 32.1-45.4. 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
§ 32.1-46.2. 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
§ 32.1-48.03. Petition for hearing; temporary detention
§ 32.1-48.04. Isolation hearing; conditions; order for isolation; right to appeal
§ 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
§ 32.1-48.012. 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
§ 32.1-48.2. 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
§ 32.1-53. Facilities and contracts for treatment of tuberculosis patients
§ 32.1-54. Commissioner authorized to charge patients for care
§ 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
§ 32.1-62. 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
§ 32.1-65. 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
§ 32.1-69. 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
§ 32.1-69.3. Virginia Cord Blood Bank Initiative established
§ 32.1-69.4. Publication of information regarding cord blood education
§ 32.1-70.2. Collection of cancer case information by the Commissioner
§ 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
§ 32.1-73. Failure to comply with provisions; grounds for revocation of license or permit
§ 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
§ 32.1-73.10. 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
§ 32.1-73.14. 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