416 2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021 ___________
Introduced by M. of A. PERRY -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the removal of cases, contacts and carriers of communicable diseases who are poten- tially dangerous to the public health
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section 2120-a to read as follows: § 2120-A. REMOVAL AND DETENTION OF CASES, CONTACTS AND CARRIERS WHO ARE OR MAY BE A DANGER TO PUBLIC HEALTH; OTHER ORDERS. 1. THE PROVISIONS OF THIS SECTION SHALL BE UTILIZED IN THE EVENT THAT THE GOVERNOR DECLARES A STATE OF HEALTH EMERGENCY DUE TO AN EPIDEMIC OF ANY COMMUNI- CABLE DISEASE. 2. UPON DETERMINING BY CLEAR AND CONVINCING EVIDENCE THAT THE HEALTH OF OTHERS IS OR MAY BE ENDANGERED BY A CASE, CONTACT OR CARRIER, OR SUSPECTED CASE, CONTACT OR CARRIER OF A CONTAGIOUS DISEASE THAT, IN THE OPINION OF THE GOVERNOR, AFTER CONSULTATION WITH THE COMMISSIONER, MAY POSE AN IMMINENT AND SIGNIFICANT THREAT TO THE PUBLIC HEALTH RESULTING IN SEVERE MORBIDITY OR HIGH MORTALITY, THE GOVERNOR OR HIS OR HER DELE- GEE, INCLUDING, BUT NOT LIMITED TO THE COMMISSIONER OR THE HEADS OF LOCAL HEALTH DEPARTMENTS, MAY ORDER THE REMOVAL AND/OR DETENTION OF SUCH A PERSON OR OF A GROUP OF SUCH PERSONS BY ISSUING A SINGLE ORDER, IDEN- TIFYING SUCH PERSONS EITHER BY NAME OR BY A REASONABLY SPECIFIC DESCRIPTION OF THE INDIVIDUALS OR GROUP BEING DETAINED. SUCH PERSON OR GROUP OF PERSONS SHALL BE DETAINED IN A MEDICAL FACILITY OR OTHER APPRO- PRIATE FACILITY OR PREMISES DESIGNATED BY THE GOVERNOR OR HIS OR HER DELEGEE AND COMPLYING WITH SUBDIVISION FIVE OF THIS SECTION. 3. A PERSON OR GROUP REMOVED OR DETAINED BY ORDER OF THE GOVERNOR OR HIS OR HER DELEGEE PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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