Presented by Dr. Drew Harris, UMDNJ in cooperation with Rutgers University, University of Medicine and Dentistry of NJ Supported by the NJ Department of Health and Senior Services

Right of entry

• Public health officials are empowered to enter property without permission or a search warrant.
• For valid public health purposes

In some respects, public health officials have greater power than police officers. Search warrants are not always necessary when entering private property because the owners or residents are not criminal suspects. However, obtaining a proper court order when time allows may be preferable in many cases.

The observations or samples collected by public health officials may become criminal evidence. However, a health inspection should not be used as a reason to conduct a search for criminal evidence. If it was determined that the inspection were conducted under these false pretenses, then the evidence would probably be disallowed by the court.

Mandatory treatment

• Immunization
• Medication
• Public health officials can’t force treatment or immunization but can isolate those who refuse provided due process is followed.

The courts have allowed for mandatory immunization and medication, provided proper procedures are used. The US Supreme Court case, Jacobson v. Massachusetts is the key case in this area.

Download US Supreme Court case, Jacobson v. Massachusetts

 

State laws mandated vaccination of school children generally have religious and medical exemptions. However, those who avail themselves of these exemptions may be asked to quarantine their children from the general population in the event of an outbreak. Thus, the desired result of stopping the spread of disease is achieved.

Every regulation mandating treatment or vaccination must provide for due process for appeal of the requirement.

Mandatory admissions

Health care facilities can be ordered to admit and treat an infected patient.

Public health and emergency powers law grants officials the power to take or use private property provided procedures are well-defined and the owners are compensated. Thus, the commissioner of health has the authority to force a hospital or nursing home to admit sick patients. Officials can even take over a hotel to use as a quarantine facility.

Procedure for quarantine isolation and mandatory treatment

• Each state must follow documented procedures before issuing orders for quarantine, isolation, or mandatory treatment.
• Procedures insure that due process is afforded all individuals

These “Due Process” procedures are generally spelled out in the regulations or laws enacted by the government. Where the law is found lacking, the courts may require new procedures or may draft the specific procedure. [see: Newark v. J.S., 1993]

Declaration of emergency

• Governor has power to declare emergency
• Authorized to organize & employ all available state resources [public or private]
• Gov. can require private entities to provide info.
• Must reimburse reasonable costs for private resources used
• Local Emergency Management Coordinators can declare Local Disaster Emergencies

NJAC App. A:9-33,34

The power to declare an emergency rests with the governor. During a declared emergency, officials are empowered to take control of local and private resources to help in the emergency response effort. However, these entities must be reimbursed for the use of these assets.

For example, if local health officials take over a local motel to use as a quarantine facility, they must reimburse the owners for its use. They can also require the reporting of information related to the response effort.

The Emergency Health Powers Act will grant the Commissioner of Health and Senior Services new powers during public health emergencies or the planning for same.

Emergency powers — Definitions

• Disaster — unusual incident, natural or unnatural that endangers health, safety or resources of one or more municipalities
• Local Disaster Emergency — Limited, not requiring Governor action
• Emergency Operations Plan (EOP) — Each municipality shall maintain & submit an EOP to state Office of Emergency Management.
• Travel Restrictions — Governor may impose travel restrictions during an emergency

Travel restrictions

The governor may impose travel restrictions during an emergency.

Quick Quiz

Question Isolation refers to the restriction of an infected person and quarantine refers to the restriction of an exposed person who may not be infected. True or False?