S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    416
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation  to  the  removal  of
   cases,  contacts  and carriers of communicable diseases who are poten-
   tially dangerous to the public health

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2120-a to read as follows:
   § 2120-A. REMOVAL AND DETENTION OF CASES, CONTACTS  AND  CARRIERS  WHO
 ARE OR MAY BE A DANGER TO PUBLIC HEALTH; OTHER ORDERS. 1. THE PROVISIONS
 OF  THIS  SECTION  SHALL  BE  UTILIZED  IN  THE  EVENT THAT THE GOVERNOR
 DECLARES A STATE OF HEALTH EMERGENCY DUE TO AN EPIDEMIC OF ANY  COMMUNI-
 CABLE DISEASE.
   2.  UPON  DETERMINING BY CLEAR AND CONVINCING EVIDENCE THAT THE HEALTH
 OF OTHERS IS OR MAY BE ENDANGERED BY A  CASE,  CONTACT  OR  CARRIER,  OR
 SUSPECTED  CASE, CONTACT OR CARRIER OF A CONTAGIOUS DISEASE THAT, IN THE
 OPINION OF THE GOVERNOR, AFTER CONSULTATION WITH THE  COMMISSIONER,  MAY
 POSE  AN  IMMINENT AND SIGNIFICANT THREAT TO THE PUBLIC HEALTH RESULTING
 IN SEVERE MORBIDITY OR HIGH MORTALITY, THE GOVERNOR OR HIS OR HER  DELE-
 GEE,  INCLUDING,  BUT  NOT  LIMITED  TO THE COMMISSIONER OR THE HEADS OF
 LOCAL HEALTH DEPARTMENTS, MAY ORDER THE REMOVAL AND/OR DETENTION OF SUCH
 A PERSON OR OF A GROUP OF SUCH PERSONS BY ISSUING A SINGLE ORDER,  IDEN-
 TIFYING  SUCH  PERSONS  EITHER  BY  NAME  OR  BY  A  REASONABLY SPECIFIC
 DESCRIPTION OF THE INDIVIDUALS OR GROUP BEING DETAINED. SUCH  PERSON  OR
 GROUP OF PERSONS SHALL BE DETAINED IN A MEDICAL FACILITY OR OTHER APPRO-
 PRIATE  FACILITY  OR  PREMISES  DESIGNATED BY THE GOVERNOR OR HIS OR HER
 DELEGEE AND COMPLYING WITH SUBDIVISION FIVE OF THIS SECTION.
   3. A PERSON OR GROUP REMOVED OR DETAINED BY ORDER OF THE  GOVERNOR  OR
 HIS  OR HER DELEGEE PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets