[HISTORY: Adopted by the Board of Health of the Township
of Manalapan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-2-2014 by Ord. No. BH:2014-02[1]]
[1]
Editor's Note: This chapter was originally adopted as
Ch. 258 but was renumbered to maintain the organizational style of
the Code.
The provisions of this chapter shall be administered by the
Board as defined herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Manalapan Township Board of Health.
The New Jersey Department of Health and Senior Services.
The physical separation and confinement of an individual
or groups of individuals who are infected or reasonably believed to
be infected, based on signs, symptoms or laboratory analysis, with
a contagious or possibly contagious disease from nonisolated individuals,
to prevent or limit the transmission of the disease to nonisolated
individuals.
Any communicable disease which presents a risk of serious
harm to public health and which may require isolation or quarantine
to prevent its spread. The Department's lists of reportable communicable
diseases are set forth at N.J.A.C. 8:57-1.5.
The physical separation and confinement of an individual
or groups of individuals, who are or may have been exposed to a communicable
or possibly communicable disease and who do not show signs or symptoms
of a communicable disease, from unexposed individuals, to prevent
or limit the transmission of the disease to unexposed individuals.
A.
Prior to instituting mandatory isolation or quarantine pursuant to
this chapter, the Board may request that an individual or group of
individuals voluntarily confine themselves to a private home or other
facility.
B.
The Board is authorized to impose and enforce quarantine and isolation
restrictions, but the Board shall rarely impose quarantine and isolation
restrictions.
(1)
If a quarantinable disease occurs in New Jersey, the Board may isolate
or quarantine individuals with a suspected or active quarantinable
disease and their contacts as the particular situation requires.
(2)
The Board shall complete any quarantine or isolation in accordance
with this chapter and N.J.A.C. 8:57-1.11.
(3)
Upon the declaration of a public health emergency, the Board shall
comply with the isolation and quarantine procedures established in
the Emergency Health Powers Act, N.J.S.A. 26:13-1 et seq.
C.
The Board shall notify, consult, and work cooperatively with the
New Jersey Department of Agriculture on issues relating to isolation
and quarantine of potentially infected livestock under the authority
of the New Jersey Department of Agriculture pursuant to the provisions
of Title 4 of the Revised Statutes and the New Jersey Department of
Environmental Protection on issues relating to isolation and quarantine
of wildlife under the authority of the New Jersey Department of Environmental
Protection pursuant to the provisions of Title 23 of the Revised Statues,
where illness could potentially impact human health.
The Board shall adhere to all of the following conditions and
principles when isolating or quarantining individuals or a group of
individuals:
A.
The isolation or quarantine shall be by the least restrictive means
necessary to prevent the spread of a communicable or possibly communicable
disease to others and may include, but is not limited to, confinement
to private homes, other private premises, or public premises.
B.
Isolated individuals shall be confined separately from quarantined
individuals.
C.
The health status of isolated or quarantined individuals shall be
monitored regularly to determine if the individuals require further
or continued isolation or quarantine.
D.
If a quarantined individual subsequently becomes infected or is reasonably
believed to have become infected with a communicable or possibly communicable
disease, the individual shall be promptly removed to isolation.
E.
Isolated or quarantined individuals shall be immediately released
when the Board determines that the individuals pose no substantial
risk of transmitting a communicable or possibly communicable disease.
F.
The Board shall address the needs of isolated or quarantined individuals
in a systemic and competent fashion, including, but not limited to,
providing adequate food, clothing, shelter, means of communicating
with those in and outside of isolation or quarantine, medication,
and competent medical care.
G.
The premises used for isolation or 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 harm to isolated
or quarantined individuals.
H.
To the extent possible, the Board shall consider cultural and religious
beliefs in addressing the needs of individuals in isolation and quarantine.
A.
The Board shall prominently identify sites of isolation or quarantine
with isolation or quarantine signs posted on all sides of the building
wherever access is possible.
B.
An individual subject to isolation or quarantine shall obey the rules
and orders of the Board and shall not go beyond the isolation or quarantine
premises without appropriate authorization and only while using appropriate
infection control precautions to protect unexposed individuals.
C.
The Department or the Board may authorize physicians, health care
workers, or others access to individuals in isolation or quarantine
as necessary to meet the needs of isolated or quarantined individuals.
D.
No individual, other than an individual authorized by the Department
or the Board, shall enter isolation or quarantine premises.
(1)
If the Department or the Board has requested the assistance of law
enforcement in enforcing the isolation or quarantine, the Department
or the Board shall provide law enforcement personnel with a list of
individuals authorized to enter the isolation or quarantine premises.
E.
Any individual entering an isolation or quarantine premises with
or without authorization of the Department or the Board may be isolated
or quarantined pursuant to this chapter and N.J.A.C. 8:57-1.11.
A.
The Board may:
(1)
Isolate individuals who are presumably or actually infected with
a quarantinable disease;
(2)
Quarantine individuals who have been exposed to a quarantinable disease;
(3)
Establish and maintain places of isolation and quarantine; and
(4)
Adopt emergency rules and issue orders as necessary to establish,
maintain, and enforce isolation or quarantine.
B.
The Board may temporarily isolate or quarantine an individual or
groups of individuals through a verbal order, without notice, only
if delay in imposing the isolation or quarantine would significantly
jeopardize the Board's ability to prevent or limit the transmission
of a communicable or possibly communicable disease to others.
(1)
If the Board imposes temporary isolation or quarantine of an individual
or groups of individuals through a verbal order, the Board shall issue
a written order as soon as is reasonably possible and in all cases
within 24 hours of issuance of the verbal order if continued isolation
or quarantine is necessary to prevent or limit the transmission of
a communicable or possibly communicable disease.
C.
The Board may isolate or quarantine an individual or groups of individuals
through a written order issued pursuant to this chapter.
(1)
The written order shall include all of the following:
(a)
The identity of the individual, individuals, or groups of individuals
subject to isolation or quarantine;
(b)
The premises subject to isolation or quarantine;
(c)
The date and time at which isolation or quarantine commences;
(d)
The suspected communicable disease;
(e)
A description of the less-restrictive alternatives that the
Board attempted without success or the less-restrictive alternatives
considered and rejected, and the reasons the Board rejected such alternatives;
(f)
A statement of compliance with the conditions and principles for isolation and quarantine specified in § 254-4;
(g)
The legal authority under which the Board requested the order;
(h)
The medical basis upon which isolation or quarantine is justified;
(j)
A copy of this chapter.
(2)
The Board shall provide a copy of the written order to the individual
to be isolated or quarantined within 24 hours of issuance of the order
in accordance with any applicable process authorized by New Jersey
law.
(a)
If the order applies to a group or groups of individuals and
it is impractical to provide individual copies, the Board may post
the order in a conspicuous place in the isolation or quarantine premises.
A.
The subject of a Board order imposing isolation or quarantine may
appeal a written order by submitting a written appeal within 10 days
of receipt of the written order.
(1)
The subject shall address the appeal to Manalapan Township Board
of Health, 120 County Route 522, Manalapan, New Jersey 07726.
(2)
Unless stayed by order of the Board or court with jurisdiction, the
written order for quarantine or isolation shall remain in force and
effect until the appeal is finally determined and disposed of upon
its merits.
B.
The appeal proceeding shall be conducted in accordance with the rules
for appeal as established by the Manalapan Township Board of Health.
(1)
The Board shall hold the proceeding as soon as is practicable and
in no case later than 10 days from the date of receipt of the appeal.
(2)
The Board may hold the hearing by telephonic or other electronic
means if necessary to prevent additional exposure to the person with
the communicable or possibly communicable disease.
(3)
In extraordinary circumstances and for good cause shown, the Board
may continue the proceeding date for up to 10 days, giving due regard
to the rights of the affected individuals, the protection of the public's
health, and the availability of necessary witnesses and evidence.
(4)
At the appeal proceedings, the subject of the appeal shall have the
right to introduce evidence on all issues relevant to the order.
(5)
The Board, by majority vote, may modify, withdraw, or order compliance
with the order under appeal.
C.
The aggrieved party to the final decision of the Board may petition
for judicial review of that action by filing an action in the appropriate
court with jurisdiction.
(1)
Petitions for judicial review shall be filed within 30 days after
the decision becomes final.
D.
The Board acknowledges that in certain circumstances the subject
or subjects of a Board order may desire immediate judicial review
of a Board order in lieu of proceeding with the Board's appeal
process.
(1)
The Board may consent to immediate jurisdiction of a court with jurisdiction
when requested by the subject or subjects of a Board order and justice
so requires.
(2)
Unless stayed by order of the Board or a court with jurisdiction,
the written order for quarantine or isolation shall remain in force
and effect until the judicial review is finally determined and disposed
of upon its merits.
Any individual or group of individuals subject to isolation
or quarantine shall have the following rights:
A.
The right to be represented by legal counsel;
B.
The right to be provided with prior notice of the date, time, and
location of any hearing;
C.
The right to participate in any hearing, which could be by telephonic
or electronic means;
D.
The right to respond and present evidence and argument on the individual's
own behalf in any hearing;
E.
The right to cross-examine witnesses who testify against the individual;
and
F.
The right to view and copy all records in the possession of the Board
which relate to the subject of the written order.
In any proceeding brought pursuant to this chapter, to promote
the fair and efficient operation of justice and having given due regard
to the rights of the affected individuals, the protection of the public's
health, and the availability of necessary witnesses and evidence,
the Board or court with jurisdiction may order the consolidation of
individual claims into group claims, if all of the following conditions
exist:
A.
The number of individuals involved or to be affected is large enough
that consolidation would be best use of resources;
B.
There are questions of law or fact common to the individual claims
or rights to be determined;
C.
The group claims or rights to be determined are typical of the affected
individuals' claims or rights; and
D.
The entire group will be adequately represented in the consolidation.
A.
The Department has primary jurisdiction to isolate or quarantine
individuals or groups of individuals if the communicable disease has
affected more than one county or has multicounty, statewide, interstate
or public health emergency implications.
(1)
If the Department imposes isolation or quarantine, the Board may
not alter, amend, modify, or rescind the isolation or quarantine order.
B.
If the Department imposes isolation or quarantine, the local boards
of health and the local health departments in the affected areas shall
assist in the implementation of the isolation or quarantine order.
C.
Any individual who violates a lawful Board or Department order for
isolation or quarantine, whether written or verbal, shall be subject
to a penalty pursuant to N.J.S.A. 26:4-129.
D.
The Board may file a civil action in accordance with New Jersey law
in a court with jurisdiction to enforce a Board order for isolation
or quarantine.
