North Dakota Century Code Title 23. Health and Safety § 23-07.6-03. Procedures for isolation and quarantine

 The isolation and quarantine of an individual or groups of individuals shall be undertaken in accordance with the following procedures:

1. Temporary isolation and quarantine without notice.

a. Authorization.  The state or a local health officer, within that officer's jurisdiction, may temporarily isolate or quarantine an individual or groups of individuals through a written directive if delay in imposing the isolation or quarantine would significantly jeopardize the health officer's ability to prevent or limit the transmission of a contagious or possibly contagious disease to others.

b. Content of directive.  The written directive must specify the identity of the individual or groups of individuals subject to isolation or quarantine, including identification by characteristics if actual identification is impossible or impracticable;  the premises subject to isolation or quarantine;  the date and time at which isolation or quarantine commences;  the suspected contagious disease if known;  and decontamination, treatment, or prevention measures that must be followed.  The directive must be accompanied by a copy of this chapter and relevant definitions.

c. Copies.  A copy of the written directive must be given to the individual to be isolated or quarantined or, 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 isolation or quarantine premises.  The state or local health officer may also use any available mass media, including broadcasting, to provide notice and information about the written directive.

d. Petition for continued isolation or quarantine.  Within ten days after issuing the written directive, the state or local health officer shall file a petition under subsection 2 for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or groups of individuals.

2. Isolation or quarantine with notice.

a. Authorization.  The state or a local health officer may make a written petition to the trial court for an order authorizing the isolation or quarantine of an individual or groups of individuals.

b. Content of petition.  A petition under subdivision a must specify the identity of the individual or groups of individuals subject to isolation or quarantine, including identification by characteristics if actual identification is impossible or impractical;  the premises subject to isolation or quarantine;  the date and time at which isolation or quarantine commences;  the suspected contagious disease if known;  recommended decontamination, treatment, or preventative measures for the suspected contagious disease;  a statement of compliance with the conditions and principles authorizing isolation and quarantine under this chapter;  and a statement of the basis upon which isolation or quarantine is justified in compliance with this chapter.  The petition must be accompanied by the sworn affidavit of the state or local health officer attesting to the facts asserted in the petition, with any further information that may be relevant and material to the court's consideration.

c. Notice.  Notice to the individuals or groups of individuals identified in the petition must be accomplished within twenty-four hours in accordance with the North Dakota Rules of Civil Procedure.  The notice must include a statement that the respondent has the right to counsel, including counsel provided at public expense if indigent and must include a copy of this chapter.


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