Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 300.000 - Reportable Diseases, Surveillance, and Isolation and Quarantine Requirements
Section 300.210 - Procedures for Isolation and Quarantine
Universal Citation: 105 MA Code of Regs 105.300
Current through Register 1518, March 29, 2024
(A) Scope.
(1) The Department through an authorized
agent shall, and local boards of health are encouraged to strongly comply with
the provisions of 105 CMR 300.210(B) through (I) when implementing isolation or
quarantine.
(2) The procedures set
forth in 105 CMR 300.210(B) through (I) are applicable to isolation and
quarantine of persons in the population at large, but do not apply to persons
in the custody of correctional facilities operated by the Department of
Correction, persons in the custody of county houses of correction, persons in
the custody of city or town jails, or to youth detained by or committed to the
Department of Youth Services.
(3)
Notwithstanding 105 CMR 300.210(A)(1) and (2), the Department and local boards
of health shall follow the procedures set forth in M.G.L. c. 111, §§
94A through 94H when isolating individuals with active tuberculosis who are
unwilling or unable to accept proper medical treatment and who thereby pose a
serious danger to public health.
(B) General.
(1)
Voluntary
Compliance.
(a) Before using
mandatory measures, the Department or local board of health shall educate the
individual or group about the reasons and requirements for isolation or
quarantine, and shall attempt to secure voluntary compliance.
(b) When an individual or group agrees to
comply voluntarily with isolation or quarantine, no written or oral order shall
be necessary.
(2)
Least Restrictive Setting. Isolation or quarantine
shall take place in the least restrictive setting that complies with the
requirements of
105 CMR
300.200.
(3)
Types of Orders.
Orders for isolation and quarantine may include, but are not limited to,
restricting individuals or groups from being present in certain places
including but not limited to school or workplace; restriction to residence
and/or workplace; and confinement in other private or public premises. Such
other premises shall not include a jail, prison, or other correctional
facility.
(4)
Time
Period of Order. An order that has not expired shall be rescinded
when the individual or group no longer poses a serious danger to public
health.
(C) Written Order.
(1)
The Department or local board of health may issue a written order of isolation
or quarantine to an individual or group of individuals as authorized by
105 CMR 300.000.
(2) A copy of the written order shall be
provided to the individual to be isolated or quarantined. If the order applies
to a group of individuals and it is impractical to provide individual copies,
the order may be posted in a conspicuous place in the isolation or quarantine
premises.
(D) Temporary Isolation or Quarantine through Oral Order.
(1) The Department or local board of health
may temporarily isolate or quarantine an individual or group of people as
authorized by
105 CMR 300.000 through an
oral order only if delay in imposing the isolation or quarantine would pose a
serious, imminent danger to the public health.
(2) The individual or group shall be orally
informed that the order may be appealed by telephoning a specified health
official issuing the order at a stated telephone number.
(3) If an oral order is issued, a written
order shall be issued as soon as is reasonably possible, but in no event later
than 24 hours following the issuance of the oral order.
(4) An individual or group subject to an oral
order of isolation or quarantine may appeal the order by following the
procedures specified in 105 CMR 300.210(F).
(E) Further Requirements.
(1)
Contents of Written or Oral Order. The written or oral
order of isolation or quarantine shall include the following.
(a) The identity of the individual or
description of the group of individuals subject to isolation or
quarantine;
(b) The date and time
at which isolation or quarantine will commence and the duration of the
isolation or quarantine period;
(c)
The reason for which isolation or quarantine is being ordered;
(d) The place of isolation or
quarantine;
(e) Any special
instructions or precautions that should be taken;
(f) The legal authority under which the order
is issued; and
(g) A statement
advising the individual or group that the order may be appealed by contacting a
designated health official at a telephone number stated in the order.
(2) If an individual or group is
isolated or quarantined in a location other than their residences, the
Department or local board of health must obtain an order of the Superior Court
authorizing the isolation or quarantine as soon as practicable, but in no event
later than ten days following the commencement of isolation or
quarantine
(F) Appeal of Written or Oral Order.
(1) An individual or group subject to an
order of isolation or quarantine may appeal the order by contacting a specified
health official at a telephone number stated on the written order or provided
orally at the time that the oral order is issued.
(2) An individual or group subject to an
order of isolation or quarantine may file a petition in Superior Court
challenging the order at any time.
(3) Unless rescinded by order of the
Department or local board of health or a court, the order for isolation or
quarantine shall remain in force and effect until any appeal is finally
determined.
(G) Enforcement of Written or Oral Order.
(1) The Department or local board of health
shall take all reasonable measures to minimize the risk of exposure to disease
of police officers and others assisting with enforcement of an isolation or
quarantine order.
(2) If an order
for isolation or quarantine is violated, the Department or local board of
health may apply to a judge of the Superior Court for an order to enforce the
isolation or quarantine in a manner that will protect the public
health.
(H) Requirements for Isolation or Quarantine.
(1) The Department or local board of health
shall ensure that the following requirements are met, whether an individual or
group is isolated or quarantined in their residences or in a place other than
their residences.
(a) The health status of
isolated or quarantined individuals shall be monitored regularly to determine
if they require continued isolation or quarantine.
(b) The needs of individuals isolated or
quarantined shall be addressed in a systematic and competent fashion,
including, but not limited to, providing adequate food, medication, competent
medical care, and crisis counseling or other mental health services when
needed.
(c) To the extent possible,
cultural and religious beliefs and existing disabilities shall be considered in
addressing the needs of individuals.
(2) The Department or local board of health
shall ensure that the following requirements are met when an individual or
group is isolated or quarantined in a place other than their residences.
(a) Isolated individuals shall be confined
separately from quarantined individuals.
(b) If a quarantined individual subsequently
acquires or is reasonably believed to have acquired a disease or condition for
which isolation is necessary to protect the public health, he or she shall
promptly be removed to isolation.
(c) Individuals isolated or quarantined shall
be provided adequate clothing, food, shelter, and means of communication with
persons outside isolation or quarantine.
(d) Premises used for isolation and
quarantine shall be maintained in a safe and hygienic manner and shall be
designed to minimize the likelihood of further transmission of infection or
other harms to individuals isolated and quarantined.
(e) The Department or local board of health
may authorize physicians, health care workers, mental health workers, personal
care attendants, parents or guardians of minor children, and others access to
individuals in isolation or quarantine as necessary to meet the needs of
isolated or quarantined individuals. Individuals who use service animals shall
be allowed to bring them into the isolation or quarantine premises.
(f) No individual other than an authorized
individual shall enter isolation or quarantine premises. Any individual
entering isolation or quarantine premises with or without authorization may be
isolated or quarantined.
(I) Isolation or Quarantine of People in a Geographical Area.
(1) The Department or local board of health
may order the isolation or quarantine of all people in a geographical area that
poses a serious danger to public health, when such isolation or quarantine is
reasonably believed to be necessary to prevent the immediate spread of a
dangerous disease to people outside the area. Such isolation or quarantine
shall be implemented by means of a written order as provided in 105 CMR
300.210(C).
(2) The Department or
local board of health shall use all reasonable means of communication to inform
individuals in the area of orders and instructions in effect during the period
of isolation or quarantine of people in the area. At a minimum, such
communication shall include posting notices in places where people in and
approaching the area are reasonably likely to see them, and publishing a notice
in a newspaper of general circulation in the area at least once each week
during the isolation or quarantine period, which notices shall state the orders
and instructions in force with a brief explanation of their meaning and
effect.
(3) The Department or local
board of health shall terminate the isolation or quarantine of all people in an
area when the area no longer poses a serious danger to public health.
(4) Any individual in the area subject to an
order of isolation or quarantine may appeal the order as provided in 105 CMR
300.210(F).
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