Bioterrorism, Communicable Diseases, and the Courts - PowerPoint PPT Presentation

1 / 26
About This Presentation
Title:

Bioterrorism, Communicable Diseases, and the Courts

Description:

Bioterrorism, Communicable Diseases, and the Courts Conference of Superior Court Judges June 20, 2003 House Bill 1508 Communicable Disease Outbreaks N.C. Gen. Stat ... – PowerPoint PPT presentation

Number of Views:188
Avg rating:3.0/5.0
Slides: 27
Provided by: aoc1
Category:

less

Transcript and Presenter's Notes

Title: Bioterrorism, Communicable Diseases, and the Courts


1
Bioterrorism, Communicable Diseases, andthe
Courts
  • Conference of Superior
  • Court Judges
  • June 20, 2003

2
House Bill 1508
  • Communicable Disease Outbreaks
  • N.C. Gen. Stat. 130A-145
  • Suspected Terrorist Attacks (STA)
  • N.C. Gen. Stat. 130A-475
  • Nuclear, Biological, or Chemical (NBC)

3
Communicable Disease
  • N.C. Gen. Stat. 130A-2 an illness due to an
    infectious agent transmitted from an infected
    person or animal through an intermediary.
  • Communicable condition being infected without
    symptoms

4
Communicable DiseasesN.C. Gen. Stat. 130A-145
  • Both State Health Director (SHD) and
  • Local Health Directors (LHDs) have
  • authority in outbreak situations to
  • issue Orders.
  • Isolation and Quarantine Orders

5
Communicable DiseasesN.C. Gen. Stat. 130A-145
  • SHD/LHDs have quarantine/isolation authority when
  • The public health is actually endangered
  • All other reasonable means have been exhausted
  • No less restrictive alternative exists

6
Communicable DiseasesN.C. Gen. Stat. 130A-145
  • Isolation Order ( 130A-2) limits freedom of
    movement or action of person or animal who
    actually has disease or condition
  • Freedom of movement stay at home, cant go
    certain places.
  • Freedom of action restricts behavior, but not
    where you can go.

7
Communicable DiseasesN.C. Gen. Stat. 130A-145
  • Quarantine Order ( 130A-2)
  • limits freedom of movement/action of
    person/animal that has been/is reasonably
    suspected to have been exposed to communicable
    disease or condition
  • limits access to areas that may be contaminated
    with an infectious agent

8
Communicable DiseasesN.C. Gen. Stat. 130A-145
  • Quarantine Order (continued)
  • limit freedom of movement/action of people who
    are not immunized (does not apply to animals)
  • - 130A-157 there is a religious exemption
    to immunization laws, but not to SHD/LHD Order

9
Communicable Diseases N.C. Gen. Stat. 130A-145
  • A person who is substantially affected by Order
    may petition to Superior Court for review of the
    Order.
  • Can be filed either where limitations are
    imposed, or in Wake County
  • Hearing within 72 hours (no weekends)
  • Chapter 7A court-appointed lawyer

10
Communicable DiseasesN.C. Gen. Stat. 130A-145
  • Burden on substantially affected person to show
    by a preponderance that limitations are not
    reasonably necessary to prevent or limit the
    conveyance of a communicable disease to others
  • If burden is met, then court shall reduce the
    limitations.

11
Communicable Diseases N.C. Gen. Stat. 130A-145
  • SHD/LHD Communicable Disease Orders
  • Initial Order only valid for ten days (unless
    Order limits freedom of action)
  • To extend the Order petition Superior Court
    (where limitations are/Wake) prior to expiration
    of the Order

12
Communicable Diseases N.C. Gen. Stat. 130A-145
  • Extension Burden on SHD/LHD to show by a
    preponderance that extension is reasonably
    necessary to prevent or limit conveyance of
    disease or condition to others
  • Extension period for up to 30 days SHD/LHD can
    file subsequent petitions.

13
Communicable DiseasesN.C. Gen. Stat. 130A-145
  • Judicial modification of SHD/LHDs Orders
  • Judge MUST make specific findings about the
    reasonable necessity (or lack thereof) of the
    limitations to prevent or limit conveyance of
    communicable disease or condition to modify
    Order.

14
Suspected Terrorist AttacksN.C. Gen. Stat.
130A-475
  • ONLY SHD (not LHD) may enter STA Orders.
  • SHD has STA authority when -
  • Public health threat may exist
  • All other reasonable means have been exhausted
  • No less restrictive alternative exists

15
Suspected Terrorist AttacksN.C. Gen. Stat.
130A-475
  • Definition of public health threat
  • A situation that is likely to cause an immediate
    risk to human life, an immediate risk of serious
    physical injury or illness, or an immediate risk
    of serious adverse health effects.

16
Suspected Terrorist AttacksN.C. Gen. Stat.
130A-475
  • SHD has STA authority to -
  • Require testing
  • Test real/personal property
  • Evacuate/close property
  • - ten day limit then Superior Court
  • Limit movement/action
  • Limit access to places

17
Suspected Terrorist AttacksN.C. Gen. Stat.
130A-475
  • Many of the Communicable Disease provisions also
    apply to STA Orders.
  • STA Orders are valid for ten days.
  • Substantially affected person may petition
    (where limitations are/Wake) for review. Hearing
    within 72 hours (no weekends).

18
Suspected Terrorist AttacksN.C. Gen. Stat.
130A-475
  • Chapter 7A court-appointed lawyer
  • Substantially affected person must show
    limitations are not reasonably necessary on
    review (preponderance)
  • SHD petitions Superior Court for (30 day)
    extensions for extension, SHD must show that
    limitations are reasonably necessary
    (preponderance)

19
Suspected Terrorist AttacksN.C. Gen. Stat.
130A-475
  • Judge shall reduce limitations if the
    substantially affected person meets burden on
    review of the STA Order.
  • Review of STA Order Judge may apply such
    conditions to the limitation as the court deems
    reasonable and necessary. Make findings to
    support modifications anyway.

20
Violations of Communicable Disease / STA Orders
  • N.C. Gen. Stat. 130A-25
  • Violation of a quarantine / isolation / STA Order
    is a Class 1 misdemeanor.

21
Violations of Communicable Disease / STA Orders
  • Section 15A-401 Defendant charged may be
    detained until first appearance before a judicial
    official.
  • Law enforcement may detain defendant in an area
    designated by SHD or LHDs until first appearance.

22
Violations of Communicable Disease / STA Orders
  • First appearance N.C. Gen. Stat. 15A-534.5
    SHD/LHDs must show by clear and convincing
    evidence that defendant poses a threat to health
    and safety of others for defendant to be
    detained.

23
Violations of Communicable Disease / STA Orders
  • Once SHD/LHD meets burden, defendant shall be
    denied pretrial release and shall be confined in
    facility/area designated by judicial official
    (with input from SHD/LHD).
  • Then pretrial confinement until defendant is no
    longer a threat burden switches to Defendant
    (preponderance)

24
Violations of Communicable Disease / STA Orders
  • Section 130A-25 maximum two year sentence for
    violation (exempted from Structured Sentencing.)
  • Defendant shall serve sentence in a confinement
    facility in consultation with SHD.

25
Violations of Communicable Disease / STA Orders
  • Section 130A-25(c) Defendant not to be released
    early (e.g., parole) until judge determines that
    release will not create a danger to the public
    health. Burden here appears to be on Defendant
    (preponderance).

26
Notes
  • SARS in North Carolina
  • HIPAA
Write a Comment
User Comments (0)
About PowerShow.com