Document Citation: 35 P.S. § 2140.301

Header:

PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 20A. COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE ACT
CHAPTER 3. PUBLIC HEALTH EMERGENCY MEASURES

Date:
08/31/2009

Document:
§ 2140.301. Temporary isolation and quarantine without notice

(a) TEMPORARY ISOLATION OR QUARANTINE.-- In the case of an actual or suspected outbreak of a contagious disease or epidemic due to an actual or suspected bioterrorist or biohazardous event, the Governor, in consultation with the Secretary of Health, may temporarily isolate or quarantine an individual or groups of individuals through a written order if delay in imposing the isolation or quarantine through judicial proceedings currently available to the department and local health departments would significantly jeopardize the department's ability to prevent or limit the transmission of a contagious or potentially contagious disease to others. This subsection shall not require a declaration of disaster emergency by the Governor in order to be effective.

(b) JUDICIAL REVIEW.--

(1) After issuing the written order, the department or local health
department shall promptly file a petition with the court within 24
hours or the next court business day after the issuance of the order
for a hearing to authorize the continued isolation or quarantine.

(2) The court shall hold a hearing on the petition not more than 72
hours after the filing of the petition to determine whether continued
isolation or quarantine is warranted.

(3) Reasonable notice, either oral or written, stating the time, place
and purpose of the hearing shall be given to the isolated or
quarantined individual. The court may determine the manner in which
the hearing shall occur, including through the use of closed-circuit
television.

(4) An isolated or quarantined individual is entitled to representation
by legal counsel at all stages of any proceedings under this section
and, if the individual is without financial resources or otherwise
unable to employ counsel, the court shall provide counsel for him.

(5) If the court determines continued isolation or quarantine is
warranted, the court shall so order the continued isolation or
quarantine and shall fix the time and duration of the isolation or
quarantine, which in no case shall exceed 30 days except as set forth
in paragraph (6).

(6) Where an individual has been isolated or quarantined for a period
of 30 days, the department shall ask the court to review the order to
determine if further isolation or quarantine is warranted.

(7) The department or local health department shall provide the court
with ongoing reports on the isolated or quarantined individual during
the period of isolation or quarantine.

(c) RELATION TO OTHER LAWS.-- Nothing in this section shall be construed to limit the existing authority of the Secretary of Health or the department or a local health department.