Airborne Disease (Tuberculosis, Coronavirus Disease 2019 (COVID-19 Generally, Virginia Outbreaks Page, etc.) Isolation / Detention Orders and Treatment
February, 2020
When a patient is known or suspected to be infected with “a communicable disease of public health significance caused by an airborne microorganism, such as tubercle bacillus, which causes serious disease and can result in death and, despite documented and appropriate counseling, is engaging in conduct that unreasonably places uninfected persons at risk of contracting such airborne communicable disease of public health significance, such as tuberculosis, and medical data demonstrate that he poses an imminent threat to the health of others, the Commissioner may issue an emergency order requiring such person to be taken immediately into custody.” Va. Code § 32.1-48.02 (D).
The Commissioner is then required to petition the General District Court in which the detained patient resides “to determine whether isolation is necessary to protect the public health from the risk of infection with a communicable disease of public health significance.” Va. Code § 32.1-48.03,-.04.
According to the CDC fact sheet, “How COVID-19 Spreads,” accessed 2-26-2020 07:24 EST, transmission is thought to be transmitted from person to person via “respiratory droplets produced when an infected person coughs or sneezes.”
A Special Justice may not issue an order for such detention.
The Virginia Department of Health instructions for clinicians (as of 2-26-2020) are quoted and amplified here:
If this is a life-threatening emergency, call 9-1-1.
For a poison emergency, call 1-800-222-1222.
To report a public health emergency or environmental health issue [including suspected airborne infectious disease transmission issues], contact your local health department.
Your local health department contact information may be located at the Va. Department of Health Local Department Locator.
When there is no 24/7 number located at the Local Department Locator, clinicians calling after hours should call this statewide 24/7 telephone number to link with immediate assistance: 866-531-3068.
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Va. Code Sections |
Powers of Commissioner in epidemic |
| Definitions | |
| Investigations of verified reports or medical evidence; counseling; outpatient and emergency treatm… | |
| Petition for hearing; temporary detention | |
| Isolation hearing; conditions; order for isolation; right to appeal | |
| Application of article; determination of exceptional circumstances; regulations; duties of the Stat… | |
| Definitions | |
| Conditions for invoking the provisions of this article | |
| Declaration of quarantine | |
| Order of quarantine | |
| Appeal of any order of quarantine | |
| Isolation may be ordered under certain exceptional circumstances; Commissioner authorized to requir… | |
| Isolation order | |
| Appeal of any order of isolation | |
| Electronic filings as protection from communicable disease. | |
| Enforcement of orders of quarantine or isolation; penalties | |
| Authorization to disclose health records | |
| Immunity from liability | |
| Use of public or private property or facilities | |
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32.1-49 et seq. |
Tuberculosis Statutes Generally (Article 4) |
2-28-2020 at 05:48 EST