[Adopted 11-22-2004 by Ord. No. 04-40]
As used in this article, the following terms shall have the meanings indicated:
COMMUNICABLE DISEASE
Any disease transmitted from one person or animal to another directly, by contact with excreta or other discharges from the body, or indirectly via substances or inanimate objects; may be bacteria, fungi, parasites, or viruses.
PUBLIC HEALTH EMERGENCY
The occurrence or imminent threat of an illness or health condition that meets all of the following criteria:
A. 
It is believed to be caused by bioterrorism or a novel or previously controlled or eradicated biological agent.
B. 
It poses a high probability of any of the following:
(1) 
A large number of deaths or serious or long-term disability among humans.
(2) 
A high probability of widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people.
This article is not applicable to the diseases on Attachment A, Nonquarantinable Diseases.[1]
[1]
Editor's Note: Attachment A is included at the end of this chapter.
The Community Health Nurse Services (CHNS) Director (Director) may do all of the following as necessary to address a public health emergency:
A. 
Order any individual to receive a vaccination unless the vaccination is reasonably likely to lead to serious harm to the individual or unless the individual, for reasons of religion or conscience, refuses to obtain the vaccination.
B. 
Isolate or quarantine any individual who is unable or unwilling for reasons of religion or conscience to receive the vaccination under Subsection A.
A. 
The Director may require isolation or quarantine of a patient or individual who is a carrier of a communicable disease, a patient or individual under § 368-62B, quarantine of contacts, concurrent and terminal disinfection, or modified forms of these procedures as may be necessary.
B. 
If the Director suspects or is informed of the existence of any communicable disease, the Director shall at once investigate and make or cause such examinations to be made as are necessary. The diagnostic report of a physician, the notification or confirmatory report of a parent or caretaker of the patient, or a reasonable belief in the existence of a communicable disease shall require the Director immediately to quarantine, isolate, require restrictions or take other communicable disease control measures in a manner upon the persons. The Director shall consult a physician as speedily as possible where there is reasonable doubt or disagreement in diagnosis and where advice is needed. The Director shall act as necessary to protect the public.
C. 
If deemed necessary by the Director for a particular communicable disease, all persons except the Director, his or her representative, attending physicians and nurses, members of the clergy, the members of the immediate family and any other persons having a special written permit from the Director are forbidden to be in direct contact with the patient.
D. 
In a state of emergency, no person, other than a person authorized by the Director or agent of the Director, may enter an isolation or quarantine premises.
E. 
The Director shall designate the tribal police to execute his or her orders and properly guard any place if quarantine or other restrictions on communicable disease are violated or intent to violate is manifested. The tribal police shall use all necessary means to enforce the quarantine, for the prevention and control of communicable diseases, or the orders of the Director.
F. 
When the Director deems it necessary that a person be quarantined or otherwise restricted in a separate place, the Director or designee shall remove the person, if it can be done without danger to the person's health, to such a designated place.
G. 
Expenses.
(1) 
Expenses for necessary medical care, food and other articles needed for the care of the infected person shall be charged against the person or whoever is liable for the person's support.
(2) 
The Menominee Tribe/Clinic is responsible for the following costs accruing under this section unless the costs are payable through third party liability or through any benefit system:
(a) 
The expense of employing guards under Subsection E.
(b) 
The expense of maintaining quarantine and enforcing isolation of the quarantined area.
(c) 
The expense of conducting examinations and tests for disease carriers made under the direction of the Director.
(d) 
The expense of care for dependent persons.
H. 
Enforcement.
(1) 
A violation of Subsection D of this section is subject to a fine not to exceed $100 or imprisonment not to exceed three months.
(2) 
Any person, whether authorized under Subsection C or D or not, who enters an isolation or quarantine premises may be subject to isolation or quarantine under this section.