The department of health shall have supervision of matters relating to the preservation of life and health of the people and subject to the provisions below, shall have administrative responsibility in matters of quarantine and isolation.
- When exercising administrative responsibility in matters of quarantine and isolation, in the event of an epidemic or pandemic of a communicable, life-threatening disease, the department of health may recommend to the general assembly a plan for quarantine or isolation procedures for individuals directly exposed to or diagnosed with the disease.
- The plan shall not take effect unless it receives the approval of the general assembly and shall remain in effect for a period not to exceed thirty days.
In addition, the department of health may make special or standing orders or rules for preventing the spread of contagious or infectious diseases, which shall conform to the following conditions:
- The order or rule shall not be valid unless approved by the general assembly. Within 5 calendar days of the order’s or rule’s submission to the general assembly for approval, the general assembly may approve, modify, or limit the order or rule or deny the order or rule’s approval.
- If approved, the order or rule shall not be valid for more than 30 days.
The order or rule shall not do any of the following:
- prescribe the time, place, and manner for holding an election
- cause impairment of contracts without due process of law
- cause the seizure of property or a business closure or prevent access to a business without due process of law
- result in a general mandatory statewide quarantine or isolation that applies to individuals neither directly exposed to or medically diagnosed with the disease that is the subject of the epidemic or pandemic
- require testing of any kind or the use of masks, gloves, or any other covering without an individual’s consent
Before administering to an individual a test for the presence or absence of a communicable, life-threatening disease or infection or an immune response to such a disease or infection that is the subject of an epidemic or pandemic, a health care provider shall obtain the individual’s informed consent (in the case of a minor, the consent of the parent or legal guardian).
The physical results of an individual’s test, including partial or complete biometric record of the individual’s DNA sequence, shall be the property of the individual and shall be transmitted only to the individual tested.
Any DNA collected for the limited purpose of this test shall not be maintained by the laboratory conducting the test or any other public or private entity. Such biological material or related record of such material shall not be stored, held or transmitted in any format, including an electronic, digital or paper format by the laboratory conducting the test or any other public or private entity. The laboratory conducting the test shall certify in writing to the individual tested that any biometric record has been destroyed and that no related record has been stored, held, or transmitted to a third party.
Whoever violates this provision shall be fined not less than one hundred thousand dollars per incident.