|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 1
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(4) (I) IN ANY PROCEEDINGS BROUGHT FOR RELIEF UNDER THIS
SUBSECTION, THE COURT MAY EXTEND THE TIME FOR A HEARING UPON A SHOWING
BY THE SECRETARY OR OTHER DESIGNATED OFFICIAL THAT EXTRAORDINARY
CIRCUMSTANCES EXIST THAT JUSTIFY THE EXTENSION.
(II) IN GRANTING OR DENYING AN EXTENSION, THE COURT SHALL
CONSIDER THE RIGHTS OF THE AFFECTED INDIVIDUAL, THE PROTECTION OF THE
PUBLIC HEALTH, THE SEVERITY OF THE CATASTROPHIC HEALTH EMERGENCY, AND
THE AVAILABILITY, IF NECESSARY, OF WITNESSES AND EVIDENCE.
(5) (I) 1. THE COURT SHALL GRANT THE REQUEST FOR RELIEF
UNLESS THE COURT DETERMINES THAT THE ISOLATION OR QUARANTINE DIRECTIVE
IS NECESSARY AND REASONABLE TO PREVENT OR REDUCE THE SPREAD OF THE
DISEASE OR OUTBREAK BELIEVED TO HAVE BEEN CAUSED BY THE EXPOSURE TO A
DEADLY AGENT.
2. IF FEASIBLE. IN MAKING A DETERMINATION UNDER THIS
SUBPARAGRAPH, THE COURT MAY CONSIDER THE MEANS OF TRANSMISSION, THE
DEGREE OF CONTAGION, AND, TO THE EXTENT POSSIBLE, THE DEGREE OF PUBLIC
EXPOSURE TO THE DISEASE.
(II) 1. AN ORDER AUTHORIZING THE ISOLATION OR
QUARANTINE ISSUED UNDER THIS PARAGRAPH SHALL:
A. IDENTIFY THE ISOLATED OR QUARANTINED INDIVIDUAL
OR GROUP OF INDIVIDUALS BY NAME OR SHARED CHARACTERISTICS:
B. SPECIFY FACTUAL FINDINGS WARRANTING ISOLATION OR
QUARANTINE; AND
C. EXCEPT AS PROVIDED IN SUB-SUBPARAGRAPH 2 OF THIS
SUBPARAGRAPH, BE IN WRITING AND GIVEN TO THE INDIVIDUAL OR GROUP OF
INDIVIDUALS.
2. IF THE COURT DETERMINES THAT THE NOTICE REQUIRED
IN SUB-SUBPARAGRAPH 1C OF THIS SUBPARAGRAPH IS IMPRACTICAL BECAUSE OF
THE NUMBER OF INDIVIDUALS OR GEOGRAPHICAL AREAS AFFECTED, THE COURT
SHALL ENSURE THAT THE AFFECTED INDIVIDUALS ARE FULLY INFORMED OF THE
ORDER USING THE BEST POSSIBLE MEANS AVAILABLE.
(III) AN ORDER AUTHORIZING ISOLATION OR QUARANTINE IS
EFFECTIVE FOR A PERIOD NOT TO EXCEED 30 DAYS.
(IV) 1. PRIOR TO THE EXPIRATION OF AN ORDER, THE
SECRETARY OR DESIGNATED OFFICIAL MAY MOVE TO CONTINUE ISOLATION OR
QUARANTINE FOR SUBSEQUENT 30-DAY PERIODS.
2. THE COURT SHALL BASE ITS DECISION ON THE
STANDARDS PROVIDED UNDER THIS PARAGRAPH.
(6) IN THE EVENT THAT AN INDIVIDUAL CANNOT PERSONALLY APPEAR
BEFORE THE COURT, PROCEEDINGS MAY BE CONDUCTED:
|
|
|
|
|
|
|
|
|
|
- 14 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
