(a) Notwithstanding the provisions of section 19a-221 or 19a-265, if the Governor has declared a public health emergency, the commissioner, if so authorized by the Governor pursuant to section 19a-131a, may order into quarantine or isolation, as appropriate, any individual, group of individuals or individuals present within a geographic area whom the commissioner has reasonable grounds to believe to be infected with, or exposed to, a communicable disease or to be contaminated or exposed to contamination or at reasonable risk of having a communicable disease or being contaminated or passing such communicable disease or contamination to other persons if the commissioner determines that such individual or individuals pose a significant threat to the public health and that quarantine or isolation is necessary and the least restrictive alternative to protect or preserve the public health. No individual or group of individuals or individuals present in a geographic area shall be quarantined or isolated unless they meet the conditions in this subsection.
(b) The commissioner shall adhere to the following conditions and principles when quarantining or isolating individuals, groups of individuals or individuals present within a geographic area: (1) Quarantine and isolation shall be by the least restrictive means necessary to prevent the spread of a communicable disease or contamination to others and may include, but not be limited to, confinement to private homes or other private or public premises; (2) quarantined individuals shall be confined separately from isolated individuals; (3) the health status of quarantined or isolated individuals shall be monitored frequently to determine if they continue to require quarantine or isolation; (4) if a quarantined individual subsequently becomes infected or contaminated or is reasonably believed to have become infected with a communicable disease or contaminated, such individual shall be promptly moved to isolation; (5) quarantined or isolated individuals shall be immediately released when they are no longer infectious or capable of contaminating others or upon the order of a court of competent jurisdiction; (6) the needs of individuals quarantined or isolated shall be addressed in a systematic and competent fashion, including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in quarantine or isolation and outside those settings, medication and competent medical care; (7) premises used for quarantine and isolation shall be maintained in a safe and hygienic manner and be designed to minimize the likelihood of further transmission of infection or other harms to individuals quarantined or isolated; (8) to the extent possible without jeopardizing the public health, family members and members of a household shall be kept together, and guardians shall stay with their minor wards; and (9) to the extent possible, cultural and religious beliefs shall be considered in addressing the needs of individuals and establishing and maintaining premises used for quarantine and isolation.
(c) An order to quarantine or isolate issued by the commissioner shall be in writing and shall include: (1) The name of any individual, group of individuals or individuals present within a geographic area to be quarantined or isolated, or the geographic area where such communicable disease is present or contamination exists; (2) the basis for the commissioner's belief regarding the presence of a communicable disease or that contamination exists within the geographical area; (3) the period of time during which the order shall remain effective; (4) the premises subject to quarantine or isolation, that may include, but need not be limited to, private homes or other private or public premises; and (5) other terms and conditions as may be necessary to protect and preserve the public health. In determining the length of such order, the commissioner shall consider, to the extent known, the length of incubation of the communicable disease or contamination, the date of the individual's exposure and the individual's medical risk of exposing others to such communicable disease or contamination. The order shall be effective for not more than twenty days, provided further orders of quarantine or isolation meeting the requirements of this section may be issued as to any respondent for successive periods of not more than twenty days if issued before the last business day of the preceding period of quarantine or isolation.
(d) Such order shall also inform the individuals quarantined or isolated that they have the right to consult an attorney, the right to a hearing pursuant to this section, clear instructions on how to request a hearing, and that if such a hearing is requested, such individual has the right to be represented by counsel, that counsel will be provided at the state's expense if such individual is unable to pay for such counsel, and that if such a hearing is requested, court fees shall be waived. A copy of the order shall be provided to each individual quarantined or isolated or notice of the order shall be provided by a means likely to reach those affected.
(e) Any individual subject to a quarantine or isolation order under this section shall be confined in a place designated by the commissioner until such time as the commissioner determines such individual is no longer infectious or capable of contaminating others, or is released by order of a court of competent jurisdiction for the district in which such individual is isolated or quarantined. Any individual who desires treatment by prayer or spiritual means without the use of any drugs or material remedies, but through the use of the principles, tenets or teachings of any church incorporated under chapter 598 or any other religious or spiritual practice, may be so treated during such individual's quarantine or isolation.
(f) An individual subject to a quarantine or isolation order under this section may appeal such order to the Probate Court for the district in which such person is quarantined or isolated and, if such individual or such individual's representative asks the court, in writing, including, but not limited to, by means of first class mail, facsimile machine or the Internet, for a hearing, notwithstanding the form of such request, the court shall hold a hearing not later than seventy-two hours after receipt of such request, excluding Saturdays, Sundays and legal holidays. The court may extend the time for a hearing based on extraordinary circumstances. No fee shall be charged to file an appeal in the Probate Court under this section. If such individual cannot appear personally before the court, a hearing shall be conducted only if his or her representative is present. The commissioner shall be a party to the proceedings. Such hearing may be held via any means that allows all parties to fully participate in the event an individual may infect or contaminate others. A request for a hearing shall not stay the order of quarantine or isolation issued by the commissioner under this section. The hearing shall concern, but need not be limited to, a determination of whether (1) the individual ordered confined is infected with a communicable disease or is contaminated or has a reasonable risk of having a communicable disease or having been contaminated or passing a communicable disease or contamination to other individuals, (2) the individual poses a reasonable threat to the public health, and (3) the quarantine or isolation of the individual is necessary and the least restrictive alternative to prevent the spread of a communicable disease or contamination to others in order to protect and preserve the public health.
(g) Notice of the hearing shall be given to the respondent and shall inform the respondent that his or her representative has a right to be present at the hearing; that the respondent has a right to counsel; that the respondent, if indigent or otherwise unable to pay for or obtain counsel, has a right to have counsel appointed to represent the respondent; and that the respondent has a right to cross-examine witnesses testifying at the hearing. If the court finds such respondent is indigent or otherwise unable to pay for or obtain counsel, the court shall appoint counsel for such respondent, unless such respondent refuses counsel and the court finds that the respondent understands the nature of his or her refusal. The court shall provide such respondent a reasonable opportunity to select such respondent's own counsel to be appointed by the court. If the respondent does not select counsel or if counsel selected by the respondent refuses to represent the respondent or is not available for such representation, the court shall appoint counsel for the respondent from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator. If the order of quarantine or isolation applies to individuals present in a described geographic area, the court may appoint one or more attorneys to represent all the individuals present in the described geographic area where there is a commonality of interests of such individuals, except that an individual may choose to be represented by his or her own attorney on an individual basis. The reasonable compensation of appointed counsel shall be established by, and paid from funds appropriated to, the Judicial Department, but, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(h) Prior to such hearing, the Probate Court, such respondent or such respondent's counsel and the commissioner shall be afforded access to all records including, but not limited to, hospital records if such respondent is hospitalized, and shall be entitled to take notes therefrom. If such respondent is hospitalized at the time of the hearing, the hospital, upon order of the Probate Court, shall make available at such hearing for use by the respondent or his or her counsel all records in its possession relating to the condition of the respondent. All records relating to the condition of the respondent shall be admissible at the request of any party or the Probate Court at the hearing. Nothing in this subsection shall prevent timely objection to the admissibility of evidence in accordance with the rules of civil procedure.
(i) The court shall cause a recording of the testimony at such hearing to be made, to be transcribed only in the event of an appeal from the order rendered. A copy of such transcript shall be furnished without charge to any appellant whom the Probate Court finds unable to pay for the same. The cost of such transcript shall be paid from the funds appropriated by the Judicial Department, but, if funds have not been included in the budget of the Judicial Department for such purposes, the cost of such transcription shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(j) At such hearing, the commissioner shall have the burden of showing, by a preponderance of the evidence, that the conditions of this subsection are met. If the court, at such hearing, finds that the respondent is infected with a communicable disease or is contaminated, or is reasonably believed to have been exposed to a communicable disease or to contamination, or is at reasonable risk of having a communicable disease or having been contaminated and poses a reasonable threat to the public health and that quarantine or isolation of the respondent is necessary and the least restrictive alternative to protect and preserve the public health, it shall order (1) the continued quarantine or isolation of the respondent under such terms and conditions as the court deems necessary to prevent the exposure of others to a communicable disease or contamination, until such time as it is determined by the commissioner that release of the respondent would not constitute a reasonable threat to the public health, or (2) the release of the respondent under such terms and conditions as it deems appropriate to protect the public health.
(k) If the court, at such hearing, fails to find that the conditions required for an order for quarantine or isolation under subsection (a) of this section have been proven, it shall order the immediate release of the respondent.
(l) A respondent may, not more than every thirty days, move the court to terminate or modify an order made under subsection (j) of this section, in which case a hearing shall be held in accordance with this section. If the court, at a hearing held upon motion of the respondent or its own motion, fails to find that the conditions which required quarantine or isolation still exist, it shall order the immediate release of the respondent. If the court finds that such conditions still exist but that a different remedy is appropriate under this section, the court shall modify its order accordingly.
(m) Any person aggrieved by an order of the Probate Court under this section may appeal to the Superior Court. The appeal shall be confined to the record, which shall consist of the transcript of the hearing and all evidence received or considered by the Probate Court.
(P.A. 03-236, S. 3; June Sp. Sess. P.A. 15-5, S. 453.)
History: P.A. 03-236 effective July 9, 2003; June Sp. Sess. P.A. 15-5 amended Subsec. (f) by deleting provision re fees for hearing to be paid by Judicial Department or waived, adding provision re no fee to be charged to file an appeal in Probate Court under section and making a technical change, effective July 1, 2015.
Structure Connecticut General Statutes
Title 19a - Public Health and Well-Being
Chapter 368a - Department of Public Health
Section 19a-2a. - Powers and duties.
Section 19a-4. (Formerly Sec. 19-2a). - Commissioner to organize department and adopt regulations.
Section 19a-4i. - Office of Injury Prevention.
Section 19a-4j. - Office of Health Equity.
Section 19a-4k. - Advisory Commission on Multicultural Health.
Section 19a-4l. - Office of Oral Public Health.
Section 19a-5. (Formerly Sec. 19-4). - Powers and duties of commissioner.
Section 19a-6d. - Tobacco abuse reduction and health plan.
Section 19a-6e. - Traumatic brain injury patient registry.
Section 19a-6f. - Listing of certified medical assistants.
Section 19a-6i. - School-based health center advisory committee. Members. Duties. Report.
Section 19a-6o. - Palliative Care Advisory Council. Duties. Members. Report.
Section 19a-6p. - School-based health centers. Hours. Services. Reimbursement for services.
Section 19a-6q. - Chronic disease plan.
Section 19a-6s. - Provision of vaccines by clinical medical assistants under supervision.
Section 19a-6t. - Connecticut Rare Disease Advisory Council. Duties. Members. Report.
Section 19a-6u. - School-based health center expansion grant program.
Section 19a-7b. - Health Care Access Commission.
Section 19a-7c. - Subsidized nongroup health insurance product for pregnant women.
Section 19a-7d. - Primary care direct services program.
Section 19a-7e. - Health care for uninsured pregnant women demonstration project.
Section 19a-7g. - Childhood Immunization Advisory Council.
Section 19a-7h. - Immunization information system. Regulations.
Section 19a-7i. - Extension of coverage under the maternal and child health block grant.
Section 19a-7k. - Preventive dental care pilot program.
Section 19a-7o. - Hepatitis C and HIV-related testing.
Section 19a-7p. - Public health fee. Annual reporting requirement. Appeal. Penalties. Overpayment.
Section 19a-7s. - Evaluation of data re exemptions from immunization requirements. Report.
Section 19a-7u. - Pilot program to expand behavioral health care. Grants.
Section 19a-12c. - Professional assistance program account.
Section 19a-13. (Formerly Sec. 19-4n). - Regulated professions; definitions.
Section 19a-14. (Formerly Sec. 19-4o). - Powers of department concerning regulated professions.
Section 19a-14a. - Professional licenses. Investigations and disciplinary action.
Section 19a-14b. - Radon mitigators, diagnosticians and testing companies. Regulations.
Section 19a-14c. - Provision of outpatient mental health treatment to minors.
Section 19a-16e. - Scope of practice review committees. Membership. Duties.
Section 19a-16f. - Report to General Assembly on scope of practice review processes.
Section 19a-17. (Formerly Sec. 19-4s). - Disciplinary action by department, boards and commissions.
Section 19a-17a. - Review of medical malpractice awards and certain settlements.
Section 19a-17m. - Malpractice insurance purchase program.
Section 19a-17n. - Malpractice insurance purchase program. Regulations. Limitations.
Section 19a-18. (Formerly Sec. 19-4t). - Meaning of term “licensed” for insurance purposes.
Section 19a-19. (Formerly Sec. 19-4u). - Regulation of business practices.
Section 19a-21. (Formerly Sec. 19-4w). - Disposition of licensing fees.
Section 19a-22. (Formerly Sec. 19-4x). - Actions by department, boards and commissions; appeals.
Section 19a-23. (Formerly Sec. 19-4y). - Boards and commissions; records.
Section 19a-25a. - Regulations re electronic signatures for medical records.
Section 19a-25b. - Electronic prescribing systems authorized.
Section 19a-25c. - Medical records systems: Electronic and paper formats authorized.
Section 19a-25e. - Connecticut Health Information Network plan.
Section 19a-27. (Formerly Sec. 19-7a). - Test for rubella immunity. Regulations.
Section 19a-28. (Formerly Sec. 19-8). - Toxicology laboratory.
Section 19a-29. (Formerly Sec. 19-9). - Special laboratories.
Section 19a-29a. - Environmental laboratories.
Section 19a-31a. - Microbiological and biomedical biosafety laboratories.
Section 19a-32. (Formerly Sec. 19-10). - Department authorized to receive gifts.
Section 19a-32a. - AIDS research education account. Regulations.
Section 19a-32b. - Breast cancer research and education account.
Section 19a-32n. - Information and education re umbilical cord blood collection programs.
Section 19a-32o. - Short title: Connecticut Umbilical Cord Blood Collection Program Act.
Section 19a-32p. - Legislative findings and declaration of policy.
Section 19a-32q. - Connecticut Umbilical Cord Blood Collection Board. Membership. Meetings.
Section 19a-32r. - Board to establish and administer umbilical cord blood collection program.
Section 19a-32t. - Umbilical cord blood collection account.
Section 19a-32u. - Copies of independent audits to be submitted to General Assembly.
Section 19a-32v. - Reports to Governor and General Assembly.
Section 19a-33. (Formerly Sec. 19-10a). - Regulation of traffic at department facilities.
Section 19a-36a. - Regulations concerning food operators.
Section 19a-36g. - Food code. Definitions.
Section 19a-36j. - Food inspectors. Certification. Inspections.
Section 19a-36k. - Food-borne illness or outbreak. Investigation.
Section 19a-36l. - Inspection violations. Appeal process.
Section 19a-37h. - Water companies to provide multilingual tier 1 notices.
Section 19a-38. (Formerly Sec. 19-13b). - Water company to add fluoride to water supply.
Section 19a-39. (Formerly Sec. 19-13c). - Protection of wells.
Section 19a-40. (Formerly Sec. 19-14). - Supervision of vital statistics.
Section 19a-41. (Formerly Sec. 19-15). - Compilation of vital records and statistics. Regulations.
Section 19a-42. (Formerly Sec. 19-15a). - Amendment of vital records.
Section 19a-43. (Formerly Sec. 19-15b). - Reproduction of vital records.
Section 19a-44. (Formerly Sec. 19-15c). - Matching of birth and death certificates.
Section 19a-45b. - Medical home pilot program.
Section 19a-45c. - Evaluation and report required re medical home pilot program.
Section 19a-46. (Formerly Sec. 19-17). - Expert examinations and inspections.
Section 19a-48. (Formerly Sec. 19-19). - Care for children with cerebral palsy.
Section 19a-49. (Formerly Sec. 19-19a). - Services for persons with cystic fibrosis.
Section 19a-51. (Formerly Sec. 19-20a). - Pediatric Cardiac Patient Care Fund.
Section 19a-54. (Formerly Sec. 19-21a). - Registration of children with special health care needs.
Section 19a-54a. - Registry of data on infants exposed to AIDS medication.
Section 19a-55a. - Newborn screening account.
Section 19a-55b. - Information on newborn infant safe sleep practices.
Section 19a-56. (Formerly Sec. 19-21c). - Program for prevention of erythroblastosis.
Section 19a-57. (Formerly Sec. 19-21d). - Loans for purchase of hemodialysis treatment machines.
Section 19a-58. (Formerly Sec. 19-21e). - Pamphlet concerning hearing impairments in infants.
Section 19a-59. - Program to identify infants who are hard of hearing.
Section 19a-59b. - Maternal and child health protection program.
Section 19a-59e. - Media campaign for the reduction of adolescent pregnancies.
Section 19a-59h. - Maternal mortality review program. Confidentiality of information.
Section 19a-59i. - Maternal mortality review committee.
Section 19a-60. (Formerly Sec. 19-22). - Dental services for children.
Section 19a-60a. - Dental services for children of low-income families.
Section 19a-61. (Formerly Sec. 19-22b). - Services for children suffering from diabetes.
Section 19a-62. (Formerly Sec. 19-22c). - Services for children suffering from cancer.
Section 19a-69. (Formerly Sec. 19-27). - Distribution of biologic products.
Section 19a-70. (Formerly Sec. 19-28). - Priority of distribution in emergency.
Section 19a-71. (Formerly Sec. 19-29). - Observation and treatment of certain typhoid germ carriers.
Section 19a-72a. - State-wide stroke registry.
Section 19a-73a. - Establishment of comprehensive cancer plan for state.
Section 19a-73b. - Funding sources for comprehensive cancer program.
Section 19a-74. (Formerly Sec. 19-30). - Cancer.
Section 19a-75. (Formerly Sec. 19-30b). - State aid for health career educational programs.
Section 19a-77. - “Child care services” defined. Exclusions. Additional license.
Section 19a-77a. - Child day care services in retail stores.
Section 19a-79. (Formerly Sec. 19-43d). - Regulations. Exemptions. Waivers.
Section 19a-79a. - Pesticide applications at child care facilities.
Section 19a-80g. - Child care center waiting list fees and deposits.
Section 19a-80h. - Enrollment of certain children in preschool programs.
Section 19a-81. (Formerly Sec. 19-43f). - Hearing on denial of license.
Section 19a-83. (Formerly Sec. 19-43h). - Reports of licensees.
Section 19a-85. (Formerly Sec. 19-43j). - Appeal.
Section 19a-86. (Formerly Sec. 19-43k). - Injunction against illegal operation.
Section 19a-86a. - Accepting voluntary surrender of license as resolution of disciplinary action.
Section 19a-86b. - Validity of license during investigation or disciplinary action.
Section 19a-86c. - Failure to provide written notice of proposed closure. Penalty.
Section 19a-87g. - Notification of emergency situations to licensees of day care centers.
Section 19a-88a. - Regulations concerning retired nurses.
Section 19a-88c. - Regulations re retired dentists.
Section 19a-89. (Formerly Sec. 19-46). - Change of office or residence address.
Section 19a-89a. - Database on nursing personnel.
Section 19a-89b. - Fees for pool design guidelines and food compliance guide.
Section 19a-89c. - Auricular acupuncture pilot program.
Section 19a-89d. - Nurse staffing and patient care data.
Section 19a-89e. - Development of prospective nurse staffing plan by hospitals. Report.
Section 19a-90. (Formerly Sec. 19-47). - Blood testing of pregnant women for syphilis and HIV.
Section 19a-92a. - Regulation of persons engaged in tattooing. Penalty.
Section 19a-92g. - Body piercing.
Section 19a-102. (Formerly Sec. 19-59a). - Regulation of sale of turtles.
Section 19a-102a. - Regulation of sale of turtles.
Section 19a-102b. - Importation of turtles.
Section 19a-103. (Formerly Sec. 19-60). - Control of communicable diseases in institutions.
Section 19a-104. (Formerly Sec. 19-61). - Sale of rags to be used as wiping cloths; cleaning.
Section 19a-105. (Formerly Sec. 19-62). - Public toilets.
Section 19a-106. (Formerly Sec. 19-62a). - “Restroom” defined.
Section 19a-106a. - Customer access to employee restrooms in retail establishments.
Section 19a-107. (Formerly Sec. 19-63). - Towels in hotels and public lavatories.
Section 19a-108. (Formerly Sec. 19-64). - Common drinking cups.
Section 19a-110a. - Regional lead poisoning treatment centers.
Section 19a-111a. - Lead poisoning prevention program. Lead state agency.
Section 19a-111c. - Abatement of lead in dwellings. List of encapsulant products. Regulations.
Section 19a-111d. - Regulations.
Section 19a-111e. - Federal funds for lead poisoning prevention programs.
Section 19a-111g. - Pediatric lead testing and risk assessment. Exemption.
Section 19a-111h. - Review of lead poisoning data. Regulations.
Section 19a-111i. - Report re lead poisoning prevention efforts.
Section 19a-111k. - Applicability of OSHA standards to abatement and remediation of lead hazards.
Section 19a-111l. - Guidelines on mold abatement protocols.
Section 19a-112b. - Services to victims of sexual acts.
Section 19a-112c. - Educational materials for sexual assault victims.
Section 19a-112d. - Sexual assault victims account.
Section 19a-112g. - Sexual assault forensic examiners. Responsibilities.
Section 19a-112h. - Financial assistance for victims of sexual assault.
Section 19a-112i. - Community gun violence intervention and prevention program.
Section 19a-113a. - Cardiopulmonary resuscitation certification of lifeguards.
Section 19a-115. (Formerly Sec. 19-66f). - Regulation of medical test units.
Section 19a-116. (Formerly Sec. 19-66g). - Regulation of facilities which offer abortion services.
Section 19a-121. - HIV and AIDS: Grant program.
Section 19a-121a. - AIDS: Funding to local health departments.
Section 19a-121b. - Regulations.
Section 19a-121c. - HIV and AIDS: Public information program.
Section 19a-121d. - Grants for mass mailing of report on AIDS.
Section 19a-122. - Hospice care for the homeless.
Section 19a-122a. - Hospice care for the homeless. Termination of pilot program.
Section 19a-123. - Nursing pool: Definition.
Section 19a-123b. - Nursing pool: Written agreement with health care institution.
Section 19a-123c. - Regulation of rates charged by nursing pools.
Section 19a-123d. - Aggrievement. Penalties.
Section 19a-124. - Syringe services programs.
Section 19a-124a. - Donation of vans to entities operating needle exchange programs.
Section 19a-125. - Adolescent Health Council.
Section 19a-127l. - Quality of care program. Quality of Care Advisory Committee.
Section 19a-127o. - Patient safety organizations.
Section 19a-127p. - Requirement for hospitals to contract with patient safety organization.
Section 19a-131. - Public health emergency response authority. Definitions.
Section 19a-131a. - Declaration of public health emergency by Governor.
Section 19a-131b. - Orders of quarantine or isolation. Appeal of order. Hearing.
Section 19a-131c. - Enforcement of order of quarantine or isolation.
Section 19a-131d. - Entry into quarantine or isolation premises.
Section 19a-131e. - Orders of vaccination. Appeal of order. Hearing.
Section 19a-131f. - Authorization to administer vaccinations.
Section 19a-131g. - Public Health Preparedness Advisory Committee.
Section 19a-131h. - Registration of deaths.
Section 19a-131i. - Immunity from personal liability.
Section 19a-131k. - Mandatory distribution of potassium iodide.
Section 19a-133. - Declaration of racism as a public health crisis.
Section 19a-133a. - Commission on Racial Equity in Public Health. Membership. Powers and duties.
Section 19a-133d. - Educational materials re pulse oximeters.