Section R9-6-303. Isolation and Quarantine

A.      When a local health agency is required by this Article to iso- late or quarantine an individual or group of individuals, the local health agency:

1.        Shall issue a written order:

a.        For isolation or quarantine and other control mea- sures;

b.        To each individual or group of individuals and, for each individual who is a minor or incapacitated adult, the individual’s parent or guardian, except as provided in subsection (A)(2);

c.        That specifies:

i.         The isolation or quarantine and other control measure requirements being imposed, includ- ing, if applicable, requirements for physical examinations and medical testing to ascertain and monitor each individual’s health status;

ii.        The identity of each individual or group of indi- viduals subject to the order;

iii.      The premises at which each individual or group of individuals is to be isolated or quarantined;

iv.      The date and time at which isolation or quaran- tine and other control measure requirements begin; and

v.        The justification for isolation or quarantine and other control measure requirements, including, if known, the disease for which the individual or individuals are believed to be cases, suspect cases, or contacts; and

d.        That may provide information about existing medi- cal treatment, if available and necessary to render an individual less infectious, and the consequences of an individual’s failure to obtain the medical treat- ment; and

2.        May post the written order in a conspicuous place at the premises at which a group of individuals is to be isolated or quarantined if:

a.        The written order applies to the group of individuals, and

b.        It would be impractical to provide a copy to each individual in the group.

B.       Within 10 calendar days after issuing a written order described in subsection (A), if a local health agency determines that iso- lation or quarantine and other control measure requirements need to continue for more than 10 calendar days after the date of the order, the local health agency shall file a petition for a court order that:

1.        Authorizes the continuation of isolation or quarantine and other control measure requirements pertaining to an indi- vidual or group of individuals;

2.        Includes the following:

a.        The isolation or quarantine and other control mea- sure requirements being imposed, including, if applicable, requirements for physical examinations and medical testing to ascertain and monitor an indi- vidual’s health status;

b.        The identity of each individual or group of individu- als subject to isolation or quarantine and other con- trol measure requirements;

c.        The premises at which each individual or group of individuals is isolated or quarantined;

d.        The date and time at which isolation or quarantine and other control measure requirements began; and

e.        The justification for isolation or quarantine and other control measure requirements, including, if known, the disease for which the individual or indi-

viduals are believed to be cases, suspect cases, or contacts; and

3.        Is accompanied by the sworn affidavit of a representative of the local health agency or the Department attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court’s consideration.

C.      A local health agency that files a petition for a court order under subsection (B) shall provide notice to each individual or group of individuals identified in the petition according to the Arizona Rules of Civil Procedure, except that notice shall be provided within 24 hours after the petition is filed.

D.      In the event of noncompliance with a written order issued under subsection (A), a local health agency may contact law enforcement to request assistance in enforcing the order.

Historical Note

Renumbered from R9-6-703 and amended effective October 19, 1993 (Supp. 93-4). Former R9-6-303 renum- bered to R9-6-305; new R9-6-303 made by final rulemak- ing at 10 A.A.R. 3559, effective October 2, 2004 (Supp. 04-3). Former R9-6-303 renumbered to R9-6-304; new R9-6-303 renumbered from R9-6-388 and amended by final rulemaking at 14 A.A.R. 1502, effective April 1,

2008 (Supp. 08-2).