693.60 - Quarantine and Isolation for Syphilis, Gonorrhea, Chlamydia, HIV and Chancroid
a)
The
Department or certified local health department may order a
person to be isolated or a place to be quarantined and made off limits to the
public to prevent the probable spread of syphilis, gonorrhea,
chlamydia, HIV or chancroid, until such time as the condition can be
corrected or the danger to the public health is eliminated or reduced in such a
manner that no substantial danger to the public's health any longer
exists. (Section 7(a) of the Act) The determination that action is
required shall be based on the following:
1)
The Department or certified local health department has reason to believe that
a person infected with syphilis, gonorrhea, chlamydia, HIV or chancroid is
noncompliant and is likely to spread syphilis, gonorrhea, chlamydia, HIV or
chancroid if not detained for isolation;
2) The Department or the certified local
health department has reason to believe that a place where there is significant
sexual activity is likely to contribute to the spread of syphilis, gonorrhea,
chlamydia, HIV or chancroid if quarantine procedures are not initiated;
and
3) The Department or the
certified local health department has first made efforts, which shall be
documented, to obtain voluntary compliance with requests for medical
examination, testing, treatment and counseling of a noncompliant person
infected with syphilis, gonorrhea, chlamydia, HIV or chancroid or the owner of
a place where there is significant sexual activity that is likely to contribute
to the spread of syphilis, gonorrhea, chlamydia, HIV or chancroid.
b)
No person may be
ordered to be isolated, and no place may be ordered to be quarantined, except
with the consent of such person or owner of such place or upon the order of a
court of competent jurisdiction and upon proof by the Department or
certified local health department, by clear and convincing evidence,
that the public's health and welfare are significantly endangered by a person
with syphilis, gonorrhea, chlamydia, HIV or chancroid or by a
place where there is a significant amount of sexual activity likely to
spread syphilis, gonorrhea, chlamydia, HIV or chancroid, and
upon proof that all other reasonable means of correcting the problem have been
exhausted and no less restrictive alternative exists. (Section 7(b) of
the Act)
1) A "significant danger to the
public's health", for purposes of this Section, means that the continued
operation or existence of the place in question would result in irreparable
injury to individuals engaging in sexual activity at that place.
2) The order and procedure for quarantine and
isolation for purposes of this Section shall be the same as the order and
procedure for quarantine and isolation set forth in 77 Ill. Adm. Code
690.1330 (Control of
Communicable Diseases Code).
3)
Any person who knowingly or maliciously disseminates any false
information or report concerning the existence of syphilis, gonorrhea,
chlamydia, HIV or chancroid in connection with the Department's power
of quarantine and isolation is guilty of a Class A misdemeanor.
(Section 7(d) of the Act)
Notes
Amended at 37 Ill. Reg. 8762, effective June 12, 2013
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