Emergency Public Safety Measure Act Exposed

The Emergency Public Safety Measure Act is listed under ALEC's Health and Human Services Task Force and was included in the 1995 Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This bill authorizes the State Department of Health, by clear and convincing evidence, to seek a court order requiring an individual to undergo blood tests for evidence of the HIV virus without a prior consent form from the individual. The court shall grant such order whenever there is probable cause to believe that an individual has HIV infection and there is clear and convincing evidence of a serious and present health threat posed to others by the infectious individual. Treatment, such as counseling, hospitalization, and education, would be provided to the infected individual.

Model Legislation

{Title, enacting clause, etc}

Section 1.

This act may be cited as the Emergency Public Safety Measure Act.

Section 2.

(A) The State Department of Health may seek in its own name in a court of competent jurisdiction a court order directing an individual to undergo testing for evidence of infection with the human immunodeficiency virus (HIV) without the right of refusal after reasonable efforts have been made to obtain written, informed consent to HIV testing. The court shall grant such order whenever there is probable course to believe that an individual has the HIV infection and there is clear and convincing evidence of a serious and present health threat posed to others by the individual infected.

(B) The record of any action brought under Subsection (A) of this Section shall be closed to the public and, at the request of the individual, any hearing shall be held in camera.

Section 3.

The State Department of Health may petition a court of competent jurisdiction to order an individual to be hospitalized, placed in another health care or residential facility, or isolated from the general public in his own or another’s residence, or a place to be quarantined and made off-limits to the public as the result of the probable spread of a sexually transmitted disease, including, but not limited to, the human immunodeficiency virus (HIV), until such time as the condition can be corrected or the threat to the public’s health eliminated or reduced in such a manner that a substantial threat to the public’s health no longer exists.

Section 4.

No individual may be ordered to be hospitalized, placed in another health care or residential facility, or isolated from the general public in his own or another’s residence, or a place to be quarantined and made off-limits to the public, except upon the order of a court of competent jurisdiction and upon proof:

(A) By clear and convincing evidence that the public’s health and welfare are significantly endangered by an individual with a sexually transmitted disease; and

(B) That the individual with the sexually transmitted disease has been counseled about the disease, about the significant threat the disease poses to other members of the public, and about methods to minimize the risk to the public, and that, despite such counseling, the individual with the sexually transmitted disease evidences a disregard for the health of the public and refuses to conduct himself in such a manner as not to place others at risk; and

(C) That all other reasonable means of correcting the problem have been exhausted and so no less restrictive alternatives exists.

Section 5.

(A) No individual may be ordered to be hospitalized, placed in another health care or residential facility, or isolated from the general public in his own or another’s residence, or a place to be quarantined and made off-limits to the public, unless a hearing has been held of which the individual has received at least 72 hours prior written notification, and unless that person has relieved a list of the proposed actions to be taken and the reasons for each action.

(B) The individual has the right to attend the hearing, to cross-examine witnesses, and to present evidence.

(C) The individual has the right to an attorney to represent him, and to have an attorney appointed on his behalf if he cannot afford one.

Section 6.

An order for hospitalization, placement in another health care or residential facility, or isolation from the general public in his own or another’s residence, if issued, will be valid for no more than 120 days, or for a shorter period of time if the State Department of Health, or the court upon petition, determines that the individual no longer poses a threat to the community. Orders for hospitalization, placement in another health care or residential facility, or isolation from the general public in his own or another’s residence may contain additional requirements for adherence to a treatment plan or participation in counseling or education programs as appropriate. Such orders may not be renewed without affording the individual all rights conferred in Section 3 and 4.

Section 7.

No order for hospitalization or placement in another health care or residential facility may require the placement of an individual under the age of 18 years in a unit of a facility where adults reside, are hospitalized, or have been placed.

Section 8. {Severity clause}

Section 9. {Repealer clause}

Section 10. {Effective date}

1995 Sourcebook of American State Legislation