Ariz. Admin. Code § 9-6-303

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-6-303 - Isolation, Quarantine, Exclusion, and Other Control Measures

A. When a local health agency is required by this Article to isolate 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 measures;

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, including, 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 individuals 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 quarantine 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 medical treatment, if available and necessary to render an individual less infectious, and the consequences of an individual's failure to obtain the medical treatment; 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. A local health agency may issue a written order for additional control measures:

1. Except as provided in subsection (A)(2), to each affected individual, group of individuals, or person and, for each individual who is a minor or incapacitated adult, the individual's parent or guardian;

2. That specifies:

a. The control measure requirements being imposed, including, if applicable, requirements for:

i. Being excluded from working as a food handler, caring for patients or residents in a health care institution, or caring for children in or attending a school or child care establishment;

ii. Avoiding other locations where the individual or an individual in the group of individuals may pose a health risk to other individuals;

iii. Observing airborne precautions, droplet precautions, or contact precautions and the methods by which the individual shall comply with the requirement;

iv. Prophylaxis or immunization, as applicable, as an alternative to or to reduce the length of exclusion;

v. Physical examinations and medical testing to ascertain and monitor the individual's health status; or

vi. Not creating a situation where additional individuals may be exposed to the communicable disease;

b. The identity of each individual, group of individuals, or person subject to the order;

c. The date and time at which the control measure requirements begin; and

d. The justification for the control measure requirements, including:

i. If known, the disease for which the individual or individuals are believed to be cases, suspect cases, or contacts; and

ii. If applicable, the possible consequences of the individual, group of individuals, or person failing to follow the recommendations of the Department or the local health agency to control the spread of the communicable disease; and

3. That may provide information about the disease, existing medical treatment, if applicable, and the consequences of an individual's failure to comply with the order.

C. Within 10 calendar days after the issuing of a written order described in subsection (A) or (B), if a local health agency determines that isolation, quarantine, or 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, quarantine, or other control measure requirements pertaining to an individual, a group of individuals, or a person;

2. Includes the following:

a. The isolation, quarantine, or other control measure requirements being imposed, including, if applicable, requirements for physical examinations and medical testing to ascertain and monitor an individual's health status;

b. The identity of each individual, group of individuals, or person subject to isolation, quarantine, or other control measure requirements;

c. If applicable, the premises at which each individual or group of individuals is isolated or quarantined;

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

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

D. A local health agency that files a petition for a court order under subsection (C) shall provide notice to each individual, group of individuals, or person 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.

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

F. If the Department determines that isolation, quarantine, or other control measure requirements are necessary, the Department, under A.R.S. § 36-136(H), may take any of the actions specified in subsections (A) through (E).

Ariz. Admin. Code § R9-6-303

Renumbered from R9-6-703 and amended effective October 19, 1993 (Supp. 93-4). Former R9-6-303 renumbered to R9-6-305; new R9-6-303 made by final rulemaking 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 R9-6-388and amended by final rulemaking at 14 A.A.R. 1502, effective April 1, 2008 (Supp. 08-2). Amended by final rulemaking at 23 A.A.R. 2605, effective 1/1/2018. Amended by final expedited rulemaking at 29 A.A.R. 1890, effective 8/2/2023.