ORS 433.121
Emergency administrative order for isolation or quarantine

  • contents
  • ex parte court order

(1)

The Public Health Director or a local public health administrator may issue an emergency administrative order causing a person or group of persons to be placed in isolation or quarantine if the Public Health Director or the local public health administrator has probable cause to believe that a person or group of persons requires immediate detention in order to avoid a clear and immediate danger to others and that considerations of safety do not allow initiation of the petition process set out in ORS 433.123 (Petition for court order for isolation or quarantine). An administrative order issued under this section must:

(a)

Identify the person or group of persons subject to isolation or quarantine;

(b)

Identify the premises where isolation or quarantine will take place, if known;

(c)

Intentionally left blank —Ed.

(A)

Describe the reasonable efforts made to obtain voluntary compliance with a request for an emergency public health action including requests for testing or medical examination, treatment, counseling, vaccination, decontamination of persons or animals, isolation, quarantine, and inspection and closure of facilities; or

(B)

Explain why reasonable efforts to obtain voluntary compliance are not possible and why the pursuit of these efforts creates a risk of serious harm to others;

(d)

Describe the suspected communicable disease or toxic substance, if known, that is the basis for the issuance of the emergency administrative order and the anticipated duration of isolation or quarantine based on the suspected communicable disease or toxic substance;

(e)

Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the person or group of persons is, or is suspected to be, infected with, exposed to, or contaminated with a communicable disease or toxic substance that could spread to or contaminate others if remedial action is not taken;

(f)

Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the person or group of persons would pose a serious and imminent risk to the health and safety of others if not detained for purposes of isolation or quarantine;

(g)

Describe the medical basis for which isolation or quarantine is justified and explain why isolation or quarantine is the least restrictive means available to prevent a risk to the health and safety of others;

(h)

Establish the time and date at which the isolation or quarantine commences; and

(i)

Contain a statement of compliance with the conditions of and principles for isolation and quarantine specified in ORS 433.128 (Conditions of and principles for isolation or quarantine).

(2)

Intentionally left blank —Ed.

(a)

In lieu of issuing an emergency administrative order under subsection (1) of this section, the Public Health Director or a local public health administrator may petition the circuit court for a written ex parte order.

(b)

The petition to the court and the court’s order must include the information described in subsection (1) of this section.

(c)

The Public Health Director or local public health administrator:

(A)

Shall make reasonable efforts to serve the person or group of persons subject to isolation or quarantine with the petition before the petition is filed; and

(B)

Is not required to provide prior notice of an ex parte proceeding at which the petition is being considered by the court.

(3)

Within 12 hours of the issuance of an order under subsection (1) or (2) of this section, the person or group of persons detained or sought for detention must be personally served with the written notice required by ORS 433.126 (Notice to persons subject to order) and with a copy of any order issued under subsection (1) or (2) of this section. If copies of the notice and order cannot be personally served in a timely manner to a group of persons because the number of persons in the group makes personal service impracticable, the Public Health Director or the local public health administrator shall post the notice and order in a conspicuous place where the notice and order can be viewed by those detained or shall find other means to meaningfully communicate the information in the notice and order to those detained.

(4)

A person or group of persons detained pursuant to an order issued under subsection (1) or (2) of this section may not be detained for longer than 72 hours unless a petition is filed under ORS 433.123 (Petition for court order for isolation or quarantine).

(5)

If the detention of a person or group of persons for longer than 72 hours is deemed necessary, immediately following the issuance of an order under subsection (1) or (2) of this section, the Public Health Director or the local public health administrator must petition the circuit court in accordance with ORS 433.123 (Petition for court order for isolation or quarantine).

(6)

A person or group of persons detained under subsection (1) or (2) of this section has the right to be represented by legal counsel in accordance with ORS 433.466 (Right to legal counsel by persons subject to public health measure). [2007 c.445 §8; 2011 c.721 §2]

Source: Section 433.121 — Emergency administrative order for isolation or quarantine; contents; ex parte court order, https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html.

433.001
Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770
433.004
Reportable diseases
433.006
Investigation and control measures
433.008
Confidentiality of disclosure
433.009
Reporting by law enforcement unit
433.010
Spreading disease prohibited
433.012
Oregon Health Authority to provide laboratory examination
433.017
Test of blood of pregnant woman required
433.035
Testing or examination of persons with certain diseases or conditions
433.040
Oregon Vaccine Education and Prioritization Plan
433.045
Notice of HIV test required
433.055
Prevalence studies
433.060
Definitions for ORS 433.060 to 433.080
433.065
Procedures for HIV testing
433.070
Compliance with procedures required
433.075
Responsibility for cost of test
433.080
When test may be required
433.090
Definitions for ORS 433.090 to 433.102
433.092
Purpose of ORS 433.090 to 433.102
433.094
Development of immunization registry and tracking and recall system
433.095
Reporting information to registry
433.096
Receiving and disclosing registry information
433.098
Nonliability for disclosing or using information
433.100
Parental consent not required for enrollment in registry
433.102
Parental responsibility for immunization
433.103
Reporting and training requirements
433.104
Use of immunization registry for potential catastrophic disease threat
433.110
Duty to prevent spread of communicable diseases
433.121
Emergency administrative order for isolation or quarantine
433.123
Petition for court order for isolation or quarantine
433.126
Notice to persons subject to order
433.128
Conditions of and principles for isolation or quarantine
433.131
Entry into premises used for isolation or quarantine
433.133
Court hearing and order for release from isolation or quarantine or for remedy for breach of required conditions of isolation or quarantine
433.136
Consolidation of proceedings regarding isolation or quarantine
433.137
Court records
433.138
Assistance of law enforcement officials in enforcing orders
433.140
Payment of isolation or quarantine expenses
433.142
Petition for isolation of contaminated property
433.150
Quarantine hospital
433.156
Enforcement of isolation or quarantine by law enforcement authorities
433.216
Detaining conveyance for inspection or investigation
433.220
Measures taken on discovery of disease or toxic substance
433.235
Definitions for ORS 433.235 to 433.284
433.240
Parental responsibility
433.245
Advisory committee
433.255
Persons with or exposed to restrictable disease excluded from school or children’s facility
433.260
Exclusion of persons exposed to or having restrictable disease from school or children’s facility
433.267
Immunization of school children
433.269
Local public health authority to ensure availability of immunizations
433.271
Thimerosal prohibited in school entry immunizations provided by Oregon Health Authority
433.273
Rules
433.280
Status of immunization records as public records
433.281
Post-secondary institution of education that provides student housing to provide information about vaccine-preventable diseases
433.282
Required immunizations at certain post-secondary educational institutions
433.283
Immunizations against measles for certain students at community colleges
433.284
Adoption of more stringent immunization requirements
433.285
Policy to control metabolic diseases
433.290
Oregon Health Authority to conduct educational program concerning metabolic diseases
433.295
Report of cases required
433.298
Oregon Health Authority to compile information about congenital cytomegalovirus
433.299
Newborn Bloodspot Screening Advisory Board
433.301
Newborn nurse home visiting services program
433.303
Policy on vitamin K
433.306
Duty to administer vitamin
433.312
Determining dosage
433.314
Educational program
433.318
Newborn pulse oximetry screening
433.321
Hearing screening tests for newborns
433.323
Newborn hearing screening test registry and tracking and recall system
433.326
Waiver of requirement of authorization to disclose information
433.327
Limitation on liability for good faith disclosure
433.329
Reporting known cases
433.332
Investigation and control of reported cases
433.340
Definitions for ORS 433.340 to 433.390
433.345
Report of animal bites
433.350
Power of Oregon Health Authority to take possession and order destruction of animal
433.355
Procedure to force compliance with ORS 433.350
433.360
Report of rabies cases
433.365
Inoculation against rabies
433.367
Oregon Health Authority to establish vaccination clinics
433.370
Inoculation certificate
433.375
Filing of inoculation certificate
433.377
Issuance of license as verification of inoculation
433.379
Disposal of inoculation certificates
433.380
Tag fee
433.385
Impoundment of animals
433.390
County dog control fund
433.407
Definitions for ORS 433.407 to 433.423
433.411
Legislative finding
433.416
When employer to provide preventive immunization
433.419
Notice to employer and worker of exposure
433.423
Content of rules
433.441
Declaration of public health emergency
433.442
Definitions for ORS 433.441 to 433.452
433.443
Authority of Public Health Director during public health emergency
433.444
Authority of Public Health Director during disease outbreak
433.446
Authority of Governor during state of public health emergency
433.448
Use of immunization registry and tracking and recall system during state of public health emergency
433.449
Disposal of human remains during state of public health emergency
433.452
Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency
433.466
Right to legal counsel by persons subject to public health measure
433.502
Definitions
433.507
Legislative findings
433.511
Public information program
433.517
Field investigations and epidemiological studies
433.521
Indoor air quality standards
433.526
Public recognition program for compliance
433.715
Exposed merchandise
433.735
Definitions for ORS 433.735 to 433.770
433.740
Policy
433.745
Outdoor mass gathering without permit prohibited
433.750
Application for outdoor mass gathering for which county decides land use permit is not required
433.755
Additional information required before permit issued
433.760
Rulemaking authority
433.763
Application for outdoor mass gathering for which county decides land use permit is required
433.765
Right of county to enact ordinances or regulations
433.767
Application to gatherings defined by county ordinance
433.770
Enforcement
433.800
Definitions for ORS 433.800 to 433.830
433.805
Policy
433.810
Duties of Oregon Health Authority
433.815
Educational training
433.817
Educational training conducted by public health authority or organization or by other entity or individual approved by Oregon Health Authority
433.820
Eligibility for training
433.825
Availability of doses of epinephrine, glucagon and medication that treats adrenal insufficiency to trained persons
433.830
Immunity of trained person and institution rendering emergency assistance
433.835
Definitions for ORS 433.835 to 433.875
433.840
Policy
433.845
Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment
433.847
Smoke shop certification
433.850
Prohibition on aerosolizing, smoking or vaporizing in place of employment
433.855
Duties of Oregon Health Authority
433.860
Enforcement
433.870
Regulation in addition to other aerosolizing, smoking or vaporizing regulations
433.875
Short title
433.990
Penalties
433.992
Penalties for violation of ORS 433.329
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