S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   99

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

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

                      [ ] is old law to be omitted.
                                                           LBD05242-01-9

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DETAINED FOR SUCH PERIOD AND IN SUCH MANNER AS THE DEPARTMENT MAY DIRECT
IN ACCORDANCE WITH THIS SECTION.
  4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION:
  (A) A CONFIRMED CASE OR A CARRIER WHO IS DETAINED PURSUANT TO SUBDIVI-
SION  TWO  OF  THIS  SECTION SHALL NOT CONTINUE TO BE DETAINED AFTER THE
DEPARTMENT DETERMINES THAT SUCH PERSON IS NO LONGER CONTAGIOUS.
  (B) A SUSPECTED CASE OR SUSPECTED CARRIER WHO IS DETAINED PURSUANT  TO
SUBDIVISION  TWO OF THIS SECTION SHALL NOT CONTINUE TO BE DETAINED AFTER
THE DEPARTMENT DETERMINES, WITH THE EXERCISE OF DUE DILIGENCE, THAT SUCH
PERSON IS NOT INFECTED WITH OR HAS NOT BEEN EXPOSED TO SUCH  A  DISEASE,
OR  IF  INFECTED WITH OR EXPOSED TO SUCH A DISEASE, NO LONGER IS OR WILL
BECOME CONTAGIOUS.
  (C) A PERSON WHO IS DETAINED  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION AS A CONTACT OF A CONFIRMED CASE OR A CARRIER SHALL NOT CONTINUE
TO  BE  DETAINED  AFTER THE DEPARTMENT DETERMINES THAT THE PERSON IS NOT
INFECTED WITH THE DISEASE OR THAT SUCH  CONTACT  NO  LONGER  PRESENTS  A
POTENTIAL DANGER TO THE HEALTH OF OTHERS.
  (D)  A  PERSON  WHO  IS  DETAINED  PURSUANT TO SUBDIVISION TWO OF THIS
SECTION AS A CONTACT OF A  SUSPECTED  CASE  SHALL  NOT  CONTINUE  TO  BE
DETAINED:
  (I)  AFTER  THE  DEPARTMENT DETERMINES, WITH THE EXERCISE OF DUE DILI-
GENCE, THAT THE SUSPECTED CASE WAS NOT INFECTED WITH SUCH A DISEASE,  OR
WAS  NOT CONTAGIOUS AT THE TIME THE CONTACT WAS EXPOSED TO SUCH INDIVID-
UAL; OR
  (II) AFTER THE  DEPARTMENT  DETERMINES  THAT  THE  CONTACT  NO  LONGER
PRESENTS A POTENTIAL DANGER TO THE HEALTH OF OTHERS.
  5.  A  PERSON  WHO  IS  DETAINED  PURSUANT  TO SUBDIVISION TWO OF THIS
SECTION SHALL, AS IS APPROPRIATE TO THE CIRCUMSTANCES:
  (A) HAVE HIS OR HER MEDICAL CONDITION AND NEEDS ASSESSED AND ADDRESSED
ON A REGULAR BASIS, AND
  (B) BE DETAINED  IN  A  MANNER  THAT  IS  CONSISTENT  WITH  RECOGNIZED
ISOLATION  AND  INFECTION  CONTROL  PRINCIPLES  IN ORDER TO MINIMIZE THE
LIKELIHOOD OF TRANSMISSION OF INFECTION TO SUCH PERSON AND TO OTHERS.
  6. WHEN A PERSON OR GROUP IS ORDERED TO BE DETAINED PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION FOR A PERIOD  NOT  EXCEEDING  THREE  BUSINESS
DAYS,  SUCH  PERSON  OR  MEMBER  OF  SUCH  GROUP SHALL, UPON REQUEST, BE
AFFORDED AN OPPORTUNITY TO BE HEARD.  IF  A  PERSON  OR  GROUP  DETAINED
PURSUANT  TO SUBDIVISION TWO OF THIS SECTION NEEDS TO BE DETAINED BEYOND
THREE BUSINESS DAYS, THEY SHALL BE PROVIDED WITH AN  ADDITIONAL  COMMIS-
SIONER'S ORDER PURSUANT TO SUBDIVISIONS TWO AND EIGHT OF THIS SECTION.
  7. WHEN A PERSON OR GROUP IS ORDERED TO BE DETAINED PURSUANT TO SUBDI-
VISION  TWO  OF THIS SECTION FOR A PERIOD EXCEEDING THREE BUSINESS DAYS,
AND SUCH PERSON OR MEMBER OF SUCH GROUP REQUESTS RELEASE,  THE  GOVERNOR
OR  HIS  OR  HER  DELEGEE  SHALL  MAKE  AN APPLICATION FOR A COURT ORDER
AUTHORIZING SUCH DETENTION WITHIN THREE BUSINESS DAYS AFTER SUCH REQUEST
BY THE END OF THE FIRST BUSINESS DAY FOLLOWING SUCH SATURDAY, SUNDAY, OR
LEGAL HOLIDAY, WHICH APPLICATION SHALL INCLUDE A REQUEST  FOR  AN  EXPE-
DITED  HEARING.  AFTER ANY SUCH REQUEST FOR RELEASE, DETENTION SHALL NOT
CONTINUE FOR MORE THAN FIVE BUSINESS DAYS IN  THE  ABSENCE  OF  A  COURT
ORDER  AUTHORIZING  DETENTION. NOTWITHSTANDING THE FOREGOING PROVISIONS,
IN NO EVENT SHALL ANY PERSON BE DETAINED FOR MORE THAN SIXTY DAYS  WITH-
OUT A COURT ORDER AUTHORIZING SUCH DETENTION. THE GOVERNOR OR HIS OR HER
DELEGEE  SHALL SEEK FURTHER COURT REVIEW OF SUCH DETENTION WITHIN NINETY
DAYS FOLLOWING THE INITIAL COURT ORDER AUTHORIZING DETENTION AND  THERE-
AFTER  WITHIN  NINETY DAYS OF EACH SUBSEQUENT COURT REVIEW. IN ANY COURT
PROCEEDING TO ENFORCE AN ORDER OF THE GOVERNOR OR HIS OR HER DELEGEE FOR

A. 99                               3

THE REMOVAL OR DETENTION OF A PERSON OR GROUP ISSUED  PURSUANT  TO  THIS
SUBDIVISION  OR  FOR  REVIEW  OF  THE CONTINUED DETENTION OF A PERSON OR
GROUP, THE GOVERNOR OR HIS OR HER DELEGEE SHALL PROVE THE PARTICULARIZED
CIRCUMSTANCES CONSTITUTING THE NECESSITY FOR SUCH DETENTION BY CLEAR AND
CONVINCING EVIDENCE.
  8.  (A)  A  COPY  OF ANY DETENTION ORDER OF THE GOVERNOR OR HIS OR HER
DELEGEE ISSUED PURSUANT TO SUBDIVISION TWO  OF  THIS  SECTION  SHALL  BE
GIVEN  TO  EACH  DETAINED INDIVIDUAL; HOWEVER, IF THE ORDER APPLIES TO A
GROUP OF INDIVIDUALS AND IT IS IMPRACTICAL TO PROVIDE INDIVIDUAL COPIES,
IT MAY BE POSTED IN A CONSPICUOUS PLACE IN THE DETENTION  PREMISES.  ANY
DETENTION  ORDER  OF THE COMMISSIONER ISSUED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION SHALL SET FORTH:
  (I) THE PURPOSE OF THE DETENTION AND THE LEGAL AUTHORITY  UNDER  WHICH
THE  ORDER  IS ISSUED, INCLUDING THE PARTICULAR SECTIONS OF THIS ARTICLE
OR OTHER LAW OR REGULATION;
  (II) A  DESCRIPTION  OF  THE  CIRCUMSTANCES  AND/OR  BEHAVIOR  OF  THE
DETAINED  PERSON OR GROUP CONSTITUTING THE BASIS FOR THE ISSUANCE OF THE
ORDER;
  (III) THE LESS RESTRICTIVE ALTERNATIVES THAT WERE ATTEMPTED  AND  WERE
UNSUCCESSFUL  AND/OR THE LESS RESTRICTIVE ALTERNATIVES THAT WERE CONSID-
ERED AND REJECTED, AND THE REASONS SUCH ALTERNATIVES WERE REJECTED;
  (IV) A NOTICE ADVISING THE PERSON OR GROUP BEING  DETAINED  THAT  THEY
HAVE   A   RIGHT  TO  REQUEST  RELEASE  FROM  DETENTION,  AND  INCLUDING
INSTRUCTIONS ON HOW SUCH REQUEST SHALL BE MADE;
  (V) A NOTICE ADVISING THE PERSON OR GROUP  BEING  DETAINED  THAT  THEY
HAVE A RIGHT TO BE REPRESENTED BY LEGAL COUNSEL AND THAT UPON REQUEST OF
SUCH PERSON OR GROUP ACCESS TO COUNSEL WILL BE FACILITATED TO THE EXTENT
FEASIBLE UNDER THE CIRCUMSTANCES; AND
  (VI)  A  NOTICE  ADVISING THE PERSON OR GROUP BEING DETAINED THAT THEY
MAY SUPPLY THE ADDRESSES AND/OR  TELEPHONE  NUMBERS  OF  FRIENDS  AND/OR
RELATIVES  TO  RECEIVE  NOTIFICATION OF THE PERSON'S DETENTION, AND THAT
THE DEPARTMENT SHALL, AT THE DETAINED PERSON'S REQUEST AND TO THE EXTENT
FEASIBLE, PROVIDE NOTICE TO A REASONABLE NUMBER OF SUCH PEOPLE THAT  THE
PERSON IS BEING DETAINED.
  (B)  IN  ADDITION,  AN  ORDER  ISSUED PURSUANT TO SUBDIVISIONS TWO AND
SEVEN OF THIS SECTION, REQUIRING THE DETENTION OF A PERSON OR GROUP  FOR
A PERIOD EXCEEDING THREE BUSINESS DAYS, SHALL:
  (I) ADVISE THE PERSON OR GROUP BEING DETAINED THAT THE DETENTION SHALL
NOT  CONTINUE  FOR  MORE  THAN  FIVE  BUSINESS  DAYS AFTER A REQUEST FOR
RELEASE HAS BEEN MADE IN THE ABSENCE OF A COURT ORDER  AUTHORIZING  SUCH
DETENTION;
  (II)  ADVISE  THE  PERSON OR GROUP BEING DETAINED THAT, WHETHER OR NOT
THEY REQUEST RELEASE FROM DETENTION, THE GOVERNOR OR HIS OR HER  DELEGEE
MUST  OBTAIN  A  COURT  ORDER  AUTHORIZING  DETENTION  WITHIN SIXTY DAYS
FOLLOWING THE COMMENCEMENT OF DETENTION AND THEREAFTER MUST FURTHER SEEK
COURT REVIEW OF THE DETENTION WITHIN NINETY DAYS OF SUCH COURT ORDER AND
WITHIN NINETY DAYS OF EACH SUBSEQUENT COURT REVIEW; AND
  (III) ADVISE THE PERSON OR GROUP BEING DETAINED  THAT  THEY  HAVE  THE
RIGHT  TO REQUEST THAT LEGAL COUNSEL BE PROVIDED, THAT UPON SUCH REQUEST
COUNSEL SHALL BE PROVIDED IF  AND  TO  THE  EXTENT  POSSIBLE  UNDER  THE
CIRCUMSTANCES,  AND  THAT  IF  COUNSEL IS SO PROVIDED, THAT SUCH COUNSEL
WILL BE NOTIFIED THAT THE PERSON OR GROUP HAS REQUESTED LEGAL  REPRESEN-
TATION.
  9.  A PERSON WHO IS DETAINED IN A MEDICAL FACILITY, OR OTHER APPROPRI-
ATE FACILITY OR PREMISES, SHALL NOT CONDUCT  HIMSELF  OR  HERSELF  IN  A

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DISORDERLY MANNER, AND SHALL NOT LEAVE OR ATTEMPT TO LEAVE SUCH FACILITY
OR PREMISES UNTIL HE OR SHE IS DISCHARGED PURSUANT TO THIS SECTION.
  10.  WHERE  NECESSARY  AND  FEASIBLE UNDER THE CIRCUMSTANCES, LANGUAGE
INTERPRETERS AND PERSONS SKILLED IN COMMUNICATING WITH VISION AND  HEAR-
ING IMPAIRED INDIVIDUALS SHALL BE PROVIDED.
  11.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE ISSUANCE OF
ORDERS PURSUANT TO § 11.21 OF THE NEW YORK CITY HEALTH CODE.
  12. IN ADDITION TO THE REMOVAL OR  DETENTION  ORDERS  REFERRED  TO  IN
SUBDIVISION  TWO  OF THIS SECTION, AND WITHOUT AFFECTING OR LIMITING ANY
OTHER AUTHORITY THAT THE COMMISSIONER MAY OTHERWISE HAVE,  THE  GOVERNOR
OR  HIS  OR  HER  DELEGEE  MAY, IN HIS OR HER DISCRETION, ISSUE AND SEEK
ENFORCEMENT OF ANY OTHER ORDERS THAT HE OR SHE DETERMINES ARE  NECESSARY
OR  APPROPRIATE  TO  PREVENT DISSEMINATION OR TRANSMISSION OF CONTAGIOUS
DISEASES OR OTHER ILLNESSES THAT MAY POSE A THREAT TO THE PUBLIC  HEALTH
INCLUDING,  BUT  NOT  LIMITED TO, ORDERS REQUIRING ANY PERSON OR PERSONS
WHO ARE NOT IN THE CUSTODY OF THE DEPARTMENT TO BE EXCLUDED;  TO  REMAIN
ISOLATED OR QUARANTINED AT HOME OR AT A PREMISES OF SUCH PERSON'S CHOICE
THAT  IS  ACCEPTABLE TO THE DEPARTMENT AND UNDER SUCH CONDITIONS AND FOR
SUCH PERIOD AS WILL PREVENT TRANSMISSION OF THE  CONTAGIOUS  DISEASE  OR
OTHER  ILLNESS; TO REQUIRE THE TESTING OR MEDICAL EXAMINATION OF PERSONS
WHO MAY HAVE BEEN EXPOSED TO OR INFECTED BY A CONTAGIOUS DISEASE OR  WHO
MAY  HAVE  BEEN  EXPOSED  TO  OR  CONTAMINATED WITH DANGEROUS AMOUNTS OF
RADIOACTIVE MATERIALS OR TOXIC CHEMICALS; TO REQUIRE AN  INDIVIDUAL  WHO
HAS  BEEN  EXPOSED TO OR INFECTED BY A CONTAGIOUS DISEASE TO COMPLETE AN
APPROPRIATE, PRESCRIBED COURSE OF TREATMENT,  PREVENTIVE  MEDICATION  OR
VACCINATION,  INCLUDING  DIRECTLY  OBSERVED THERAPY TO TREAT THE DISEASE
AND FOLLOW INFECTION CONTROL PROVISIONS FOR THE DISEASE; OR  TO  REQUIRE
AN INDIVIDUAL WHO HAS BEEN CONTAMINATED WITH DANGEROUS AMOUNTS OF RADIO-
ACTIVE  MATERIALS OR TOXIC CHEMICALS SUCH THAT SAID INDIVIDUAL MAY PRES-
ENT A DANGER TO OTHERS, TO  UNDERGO  DECONTAMINATION  PROCEDURES  DEEMED
NECESSARY  BY  THE  DEPARTMENT.    SUCH  PERSON  OR  PERSONS SHALL, UPON
REQUEST, BE AFFORDED AN OPPORTUNITY TO BE HEARD, BUT THE  PROVISIONS  OF
SUBDIVISIONS  TWO  THROUGH  ELEVEN  OF  THIS SECTION SHALL NOT OTHERWISE
APPLY.
  13. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT OR
REQUIRE THE FORCIBLE ADMINISTRATION OF ANY MEDICATION  WITHOUT  A  PRIOR
COURT ORDER.
  §  2.  This  act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately the addition, amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized to be made  and  completed
on or before such date.