§ 65-129c — Same; orders for isolation or quarantine; form and content; notice; hearing in district court; application and effect; procedure; orders for relief; emergency rules of procedure

(a) If the local health officer or the secretary requires an individual or a group of individuals to go to and remain in places of isolation or quarantine under K.S.A. 65-129b, and amendments thereto, the local health officer or the secretary shall issue an order to the individual or group of individuals.
(b) The order shall specify:
(1) The identity of the individual or group of individuals subject to isolation or quarantine;
(2) the premises subject to isolation or quarantine;
(3) the date and time at which isolation or quarantine commences;
(4) the suspected infectious or contagious disease causing the outbreak or disease, if known;
(5) the basis upon which isolation or quarantine is justified; and
(6) the availability of a hearing to contest the order.
(c) (1) Except as provided in paragraph (2) of subsection (c), the order shall be in writing and given to the individual or group of individuals prior to the individual or group of individuals being required to go to and remain in places of isolation and quarantine.
(2) (A) If the local health officer or the secretary determines that the notice required under paragraph (1) of subsection (c) is impractical because of the number of individuals or geographical areas affected, the local health officer or the secretary shall ensure that the affected individuals are fully informed of the order using the best possible means available.
(B) If the order applies to a group of individuals and it is impractical to provide written individual copies under paragraph (1) of subsection (c), the written order may be posted in a conspicuous place in the isolation or quarantine premises.
(d) (1) An individual or group of individuals isolated or quarantined under this section may request a hearing in district court contesting the isolation or quarantine, as provided in article 15 of chapter 60 of the Kansas Statutes Annotated, but the provisions of this section shall apply to any order issued under K.S.A. 65-129a to 65-129d, inclusive, and amendments thereto, notwithstanding any conflicting provisions contained in that article.
(2) A request for a hearing may not stay or enjoin an isolation or quarantine order.
(3) Upon receipt of a request under this subsection (d), the court shall conduct a hearing within 72 hours after receipt of the request.
(4) (A) In any proceedings brought for relief under this subsection (d), the court may extend the time for a hearing upon a showing by the local health officer or the secretary or other designated official that extraordinary circumstances exist that justify the extension.
(B) In granting or denying an extension, the court shall consider the rights of the affected individual, the protection of the public health, the severity of the health emergency and the availability, if necessary, of witnesses and evidence.
(C) (i) The court shall grant the request for relief unless the court determines that the isolation or quarantine order is necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to an infectious or contagious disease.
(ii) If feasible, in making a determination under this paragraph (C), the court may consider the means of transmission, the degree of contagion, and, to the extent possible, the degree of public exposure to the disease.
(5) An order of the court authorizing the isolation or quarantine issued under this section shall:
(A) Identify the isolated or quarantined individual or group of individuals by name or shared characteristics;
(B) specify factual findings warranting isolation or quarantine; and
(C) except as provided in paragraph (2) of subsection (c), be in writing and given to the individual or group of individuals.
(6) If the court determines that the notice required in paragraph (C) of subsection (d)(5) is impractical because of the number of individuals or geographical areas affected, the court shall ensure that the affected individuals are fully informed of the order using the best possible means available.
(7) An order of the court authorizing isolation or quarantine shall be effective for a period not to exceed 30 days. The court shall base its decision on the standards provided under this section.
(8) In the event that an individual cannot personally appear before the court, proceedings may be conducted:
(A) By an individual's authorized representative; and
(B) through any means that allows other individuals to fully participate.
(9) In any proceedings brought under this section, the court may order the consolidation of individual claims into group claims where:
(A) The number of individuals involved or affected is so large as to render individual participation impractical;
(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 individual's claims or rights; and
(D) the entire group will be adequately represented in the consolidation.
(10) The court shall appoint counsel to represent individuals or a group of individuals who are not otherwise represented by counsel.
(11) The supreme court of Kansas may develop emergency rules of procedure to facilitate the efficient adjudication of any proceedings brought under this section.

Legislative History

L. 2005, ch. 122, § 3; April 21.