SB 1325: Peaceful and Natural Dignity Act: the right of self-quarantine.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-04-09
Existing law sets forth various civil rights of individuals and provides a civil cause of action for a violation of those rights.
This bill would recognize the right of self quarantine, self-quarantine, and would establish a civil cause of action for violation of that right.
Existing law establishes the State Department of Public Health, headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease. Existing law requires the department to establish a list or of reportable diseases and authorizes the state health officer, in conjunction with local health officers, to require quarantine when necessary for the protection of the public health.
This bill would enact the Peaceful and Natural Dignity Act (PANDA) to permit a person an individual to exercise the right of self-quarantine, as defined, in lieu of compliance with an otherwise mandatory medication medication, quarantine, isolation, or other contagion prevention orders order or requirements of governmental agencies or officers.
This bill would set forth procedures for electing to exercise this right and would set forth the requirements for the seclusion area. The bill would exempt persons in self-quarantine self-quarantined individuals from specified compulsory legal process. process, including jury duty and school attendance. By requiring local agencies to comply with its requirements, and by making a violation of its provisions a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law sets forth various civil rights of individuals and provides a civil cause of action for a violation of those rights.
This bill would recognize the right of self quarantine, and would establish a civil cause of action for violation of that right.
Existing law establishes the State Department of Public Health, headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease. Existing law requires the department to establish a list or reportable diseases and authorizes the state health officer, in conjunction with local health officers, to require quarantine when necessary for the protection of the public health.
This bill would enact the Peaceful and Natural Dignity Act to permit a person to exercise the right of self-quarantine, as defined, in lieu of compliance with an otherwise mandatory medication or other contagion prevention orders or requirements of governmental agencies or officers.
This bill would set forth procedures for electing to exercise this right and would set forth the requirements for the seclusion area. The bill would exempt persons in self-quarantine from specified compulsory legal process. By requiring local agencies to comply with its requirements, and by making a violation of its provisions a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law sets forth various civil rights of individuals and provides a civil cause of action for a violation of those rights.
This bill would recognize the right of self quarantine, and would establish a civil cause of action for violation of that right.
Existing law establishes the State Department of Public Health, headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease. Existing law requires the department to establish a list or reportable diseases and authorizes the state health officer, in conjunction with local health officers, to require quarantine when necessary for the protection of the public health.
This bill would enact the Peaceful and Natural Dignity Act to permit a person to exercise the right of self-quarantine, as defined, in lieu of compliance with an otherwise mandatory medication or other contagion prevention orders or requirements of governmental agencies or officers.
This bill would set forth procedures for electing to exercise this right and would set forth the requirements for the seclusion area. The bill would exempt persons in self-quarantine from specified compulsory legal process. By requiring local agencies to comply with its requirements, and by making a violation of its provisions a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)No A governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall not engage in a pattern or practice of conduct that deprives any person of his or her right of self-quarantine as set forth in the Peaceful and Natural Dignity Act (Part 8 (commencing with Section 122500) of Division 105 of the Health and Safety Code).
(b)Any person who has been the victim of a violation of subdivision (a) may bring a civil action for damages against any responsible party. The plaintiff may seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorneys fees and costs.
SEC. 2.Part 8 (commencing with Section 122500) is added to Division 105 of the Health and Safety Code, to read:8.Peaceful and Natural Dignity Act122500.(a)This part shall be known, and may be cited, as the Peaceful and Natural Dignity Act (PANDA).
(b)For purposes of this part, the following definitions shall apply:
(1)Self-quarantine means the right of a person to voluntarily place oneself in a state of quarantine within a self-quarantine area area, as set forth in this part part, in lieu of compliance with an order of a governmental officer or entity regarding mandatory medication, seclusion, quarantine, isolation, or other requirement related to the prevention or mitigation of the spread of a contagious disease or pathogen.
(2)Self-quarantine area means the private geographic area maintained as the exclusive area for any manner of living, work, or travel by the individual or individuals group exercising the right of self-quarantine under this part.
(3)Governmental entity means an entity of the state or local government.
(4)Governmental officer means any an officer, employee, or agent of a governmental entity.
(5)Peacefully natural refers to an unmedicated a manner of being, which being that is a fundamental expression of the individual human condition. Peacefully natural includes, but is not limited to, refraining from medical treatment and testing, and refraining from injection or implantation of any artificial item or biological matter, for any purpose.
(6)Emergency means any a state of martial law or emergency of any kind, whether declared or undeclared, including any a state or local emergency.
122501.(a)The right of self-quarantine is an attribute of the right of privacy privacy, which is derived from Section 1 of Article I of the California Constitution. Notwithstanding any law, including any contrary provisions of this division, including, but not limited to, Section 120275, the goal of this part is to provide a statutory authority for a person to voluntarily exercise that right and to elect to live a peacefully natural existence rather than comply with otherwise mandatory medication or other contagion-prevention orders or requirements.
(b)During any an emergency, any an individual or group is entitled to exercise the right of self-quarantine alone or together by electing to remain within the self-quarantine area for the self-quarantine period, as set forth in this part.
122502.(a)Licensed health care personnel, including, but not limited to, physician and surgeons, naturopathic doctors, and others others, may assist individuals in complying with this section by performing services consistent with their scope of practice, including, but not limited to, conducting physical examinations and diagnostic tests for the purpose of advising patients regarding any of the following:
(1)Their present physical condition and relative susceptibility to disease or harm.
(2)The general risks of self-quarantine.
(3)Any approved methods by applicable health authorities for voluntarily ending self-quarantine.
(b)To document a physical consultation or diagnostic test for purposes of this part, the health care professional shall provide the patient with a written note describing at least both of the following:
(1)The patients name and location.
(2)A general statement of the patients physical condition.
(c)The provision of health care services and supporting documentation pursuant to this section may be performed remotely by telemedicine or electronic communication.
122503.(a)A person An individual, who receives a written confirmation that he or she has consulted with his or her physician and surgeon or naturopathic doctor for self-compliance on self-quarantine matters and who has identified a self-quarantine area that satisfies the requirements of this part, is presumed to be in full compliance with this part, rebuttable only by an individualized judicial finding of clear and convincing evidence of a violation of this part posing a direct and immediate threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
(b)In all other cases, noncompliance with this part may be established by the applicable public health authority upon a judicial finding of substantial and credible evidence of a violation of this part posing a direct threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
(c)Any A hearing under this section shall afford the parties concerned with adequate notice of hearing and the right to present evidence in rebuttal.
122504.(a)The self-quarantine area shall be located on private property that is the primary residence of the self-quarantine person or persons self-quarantined individual or group and that the self-quarantine person or persons are self-quarantined individual or group is otherwise legally authorized to inhabit.
(b)Wilderness lands, even if owned or maintained by a government entity, may be considered private property for these purposes, private and suitable for a self-quarantine if the self-quarantined person individual or group is otherwise legally authorized to inhabit the area as a maintained and sanitary campsite for the self-quarantine period of time and the area otherwise meets all of the requirements of this part. If the self-quarantine area is on wilderness lands, the self-quarantine self-quarantined individual or group shall refrain from willfully coming within one quarter mile of a designated park road or trail, or one mile of a park facility building.
122505.(a)The self-quarantine area shall be suitable to fully sustain the proposed self-quarantine self-quarantined population. However, the self-quarantine self-quarantined population may make arrangements for the delivery of necessary supplies and the provision of necessary services, consistent with this part.
(b)Ranches, homesteads, and farms that are organic or natural in character, and which contain a septic system located on the property in question, are presumptive examples where individuals can self-quarantine. The lack of a presumption under Section 122503 is not determinative of the validity of a self-quarantine area.
(c)The products and produce of a self-quarantine area are also subject to quarantine.
(d)The perimeter of the self-quarantine area shall be properly posted to ensure that members of the public do not inadvertently enter the self-quarantine area.
(e)The self-quarantine area shall meet all state and local infrastructure requirements, including, but not limited to, sanitation requirements, otherwise applicable to a site to be inhabited by a group the size of the proposed self-quarantine self-quarantined population.
(f)The self-quarantine area shall have one clearly identified access point for all ingress and egress. This access point shall include a clearly identified portal for the delivery of all necessary supplies and for the arrival of all necessary service, health care, emergency, law enforcement, and other personnel. All delivery, service, emergency, law enforcement, health care, or other personnel shall wear appropriate safety clothing and equipment as necessary to prevent cross contamination at all times within the self-quarantine area.
(g)In the event of a dispute between inhabitants of a self-quarantine area, authorities shall respect the self-quarantine rights of both parties under this part and may only forcibly remove a person who has committed a public offense or who lacks a legal right to be on the property.
122506.The right to self-quarantine includes, but is not limited to, the right to safely travel to the self-quarantine area. An automobile or mobile trailer shall be considered a temporary extension of the self-quarantine area, but only for the purpose of driving to the self-quarantine area. This section does not permit a self-quarantine self-quarantined individual to travel between different potential self-quarantine areas, or to exit the self-quarantine area to retrieve supplies for the self-quarantine area.
122507.(a)A parent or guardian in quarantine or isolation self-quarantine does not lose his or her fundamental parental right to assert his or her childs right to consent to, or to refuse to consent to, medical treatment.
(b)Notwithstanding any law, all of the following apply to individuals in self-quarantine: self-quarantined individuals:
(1)Individuals and their property in self-quarantine protected under this part shall be temporarily relieved of all of the following compulsory legal process for the duration of their self-quarantine:
(A)Jury duty.
(B)Witness subpoena in a civil or criminal matter.
(C)Court attendance or notice in a civil matter.
(D)School attendance.
(E)Transfer or surrender of property.
(2)At the conclusion of the self-quarantine period, compulsory legal process may be resumed, except that the affirmative defenses of impossibility and force majeure shall be available to prevent injustice.
122508.Notwithstanding any law, for contracts entered into or amended on or after January 1, 2019, all of the following apply to self-quarantined individuals who are parties to the contract:
(a)In any debt collection matter against an individual or his or her property previously in self-quarantine, any nonpayment by the debtor during the time period of self-quarantine, or accrual of interest or penalties during the time period of self-quarantine, shall not be allowed.
(b)A creditor or service provider shall not be penalized for any failure to provide any a service or notice to a debtor or purchaser during the time period of the self-quarantine of any party involved in his or her the transaction.
(c)A party to a contract may unilaterally terminate without penalty a contract without penalty during the time period of the other partys self-quarantine, if the self-quarantining partys failure to provide consideration during the time period of the self-quarantine would constitute a material breach of contract if not for the self-quarantine. This subdivision does not relieve a party who has already collected consideration under a contract from either paying for that consideration or returning it, as fairness requires, at the conclusion of the self-quarantine.
122509.(a)A person An individual who is the recipient of an otherwise mandatory medication or seclusion order or other requirement imposed by a governmental entity or officer order for medication, quarantine, isolation, or other requirement related to the prevention or mitigation of the spread of a contagious disease or pathogen, and who elects to exercise the right of self-quarantine under this part in lieu of compliance with that requirement order, shall provide a written notice to the governmental entity or officer and shall file a copy of the notice with the Secretary of State. The notice shall certify that the self-quarantine is in compliance with this part and shall identify the self-quarantine area and duration.
(b)Written notice shall be provided to the governmental officer or entity, and the Secretary of State, when the quarantine has ended, or if the period of quarantine is to be extended.
(c)A self-quarantined person individual may post a written notice at the entrance of the self-quarantine area, in substantially the following form:
PANDA NOTICE
The inhabitant (s) of this area exercise PANDA rights to remain peacefully natural within the following self-quarantine area:________________________________________________________ (Insert general description or address of self-quarantine area)
People: ______________________________________________________ (Insert names of people within the self-quarantine area who are exercising PANDA rights)
If (I or we) have any written confirmation that (I or we) have consulted health professionals as required by law for self-compliance on home quarantine matters, the documentation is attached to this notice, or may be obtained by contacting: ____________________________________________________________. (Optional: Insert the contact information for any doctor or lawyer assisting you with any self-compliance documentation)
122510.
(a)This part does not prohibit or restrict the incarceration of any a duly convicted person, individual, nor does it prevent the lawful arrest of any an individual for a crime, unless that alleged crime or incarceration is due to the individuals refusal to follow a public health order conflicting with his or her rights under this part.
(b)This part does not limit the reporting requirements regarding matters of infectious disease otherwise required by law, including, but not limited to, this division.
(c)This part does not limit law enforcement in lawfully investigating and prosecuting criminal activity. This part does not impede the ability of authorities to immediately rectify an immediate safety threat, including, but not limited to, an imminent and life-threatening fire hazard at a self-quarantine area.
(d)This part does not provide an individual exercising his or her right of self-quarantine with immunity from termination of employment, whether public or private.
122511.(a)(1) Notwithstanding any law, no a person shall not obstruct or interfere with the exercise of the right of self-quarantine as set forth in this part.
(2)A knowing violation of paragraph (1) is a misdemeanor. A knowing and willful violation of paragraph (1) is a felony.
(b)Any A governmental officer who violates this part under color of authority, by maliciously and materially denying PANDA rights to a person, is guilty of a felony punishable by 16 months, 18 months, or two years in the county jail, a fine of ten thousand dollars ($10,000) and up to one year imprisonment ($10,000), or both that fine and imprisonment for each violation.
(c)Immunities pursuant to Section 855.4 of the Government Code do not apply to violations of this part.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)No governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall engage in a pattern or practice of conduct that deprives any person of his or her right of self-quarantine as set forth in the Peaceful and Natural Dignity Act (Part 8 (commencing with Section 122500) of Division 105 of the Health and Safety Code).
(b)Any person who has been the victim of a violation of subdivision (a) may bring a civil action for damages against any responsible party. The plaintiff may seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorneys fees and costs.
SEC. 2.Part 8 (commencing with Section 122500) is added to Division 105 of the Health and Safety Code, to read:8.Peaceful and Natural Dignity Act122500.(a)This part shall be known, and may be cited, as the Peaceful and Natural Dignity Act (PANDA).
(b)For purposes of this part, the following definitions shall apply:
(1)Self-quarantine means the right of a person to voluntarily place oneself in a state of quarantine within a self-quarantine area as set forth in this part in lieu of compliance with an order of a governmental officer or entity regarding mandatory medication, seclusion, or other requirement related to the prevention or mitigation of the spread of contagious disease or pathogen.
(2)Self-quarantine area means the private geographic area maintained as the exclusive area for any manner of living, work, or travel by the individual or individuals exercising the right of self-quarantine under this part.
(3)Governmental entity means an entity of the state or local government.
(4)Governmental officer means any officer, employee, or agent of a governmental entity.
(5)Peacefully natural refers to an unmedicated manner of being, which is a fundamental expression of the individual human condition. Peacefully natural includes, but is not limited to, refraining from medical treatment and testing, and refraining from injection or implantation of any artificial item or biological matter, for any purpose.
(6)Emergency means any state of martial law or emergency of any kind, whether declared or undeclared, including any state or local emergency.
122501.(a)The right of self-quarantine is an attribute of the right of privacy which is derived from Section 1 of Article I of the California Constitution. Notwithstanding any law, including any contrary provisions of this division, including, but not limited to, Section 120275, the goal of this part is to provide a statutory authority for a person to voluntarily exercise that right and to elect to live a peacefully natural existence rather than comply with otherwise mandatory medication or other contagion-prevention orders or requirements.
(b)During any emergency, any individual or group is entitled to exercise the right of self-quarantine alone or together by electing to remain within the self-quarantine area for the self-quarantine period, as set forth in this part.
122502.(a)Licensed health care personnel, including, but not limited to, physician and surgeons, naturopathic doctors, and others may assist individuals in complying with this section by performing services consistent with their scope of practice, including, but not limited to, conducting physical examinations and diagnostic tests for the purpose of advising patients regarding any of the following:
(1)Their present physical condition and relative susceptibility to disease or harm.
(2)The general risks of self-quarantine.
(3)Any approved methods by applicable health authorities for voluntarily ending self-quarantine.
(b)To document a physical consultation or diagnostic test for purposes of this part, the health care professional shall provide the patient with a written note describing at least both of the following:
(1)The patients name and location.
(2)A general statement of the patients physical condition.
122503.(a)A person who receives a written confirmation that he or she has consulted with his or her physician and surgeon or naturopathic doctor for self-compliance on self-quarantine matters and who has identified a self-quarantine area that satisfies the requirements of this part, is presumed to be in full compliance with this part, rebuttable only by an individualized judicial finding of clear and convincing evidence of a violation of this part posing a direct and immediate threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
(b)In all other cases, noncompliance with this part may be established by the applicable public health authority upon a judicial finding of substantial and credible evidence of a violation of this part posing a direct threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
(c)Any hearing under this section shall afford the parties concerned with adequate notice of hearing and the right to present evidence in rebuttal.
122504.(a)The self-quarantine area shall be located on private property that is the primary residence of the self-quarantine person or persons and that the self-quarantine person or persons are otherwise legally authorized to inhabit and shall be at least one-tenth acre in size for one individual. Where a group or family is self-quarantining together voluntarily, the total self-quarantine area shall contain at least one-fifteenth acre for each individual. inhabit.
(b)Wilderness lands, even if owned or maintained by a government entity, may be considered private property for these purposes, and suitable for a self-quarantine if the self-quarantined person or group is otherwise legally authorized to inhabit the area for the self-quarantine period of time and the area otherwise meets all of the requirements of this part. If the self-quarantine area is on wilderness lands, the self-quarantine individual or group shall refrain from willfully coming within one quarter mile of a designated park road or trail, or one mile of a park facility building.
122505.(a)The self-quarantine area shall be suitable to fully sustain the proposed self-quarantine population. However, the self-quarantine population may make arrangements for the delivery of necessary supplies and the provision of necessary services, consistent with this part.
(b)Ranches, homesteads, and farms that are organic or natural in character, and which contain a septic system located on the property in question, are presumptive examples where individuals can self-quarantine, provided the acreage requirements of this part are satisfied. self-quarantine. The lack of a presumption under Section 122503 is not determinative of the validity of a self-quarantine area.
(c)The products and produce of a self-quarantine area are also subject to quarantine.
(d)The perimeter of the self-quarantine area shall be properly posted to ensure that members of the public do not inadvertently enter the self-quarantine area.
(e)The self-quarantine area shall meet all state and local infrastructure requirements, including, but not limited to, sanitation requirements, otherwise applicable to a site to be inhabited by a group the size of the proposed self-quarantine population.
(f)The self-quarantine area shall have one clearly identified access point for all ingress and egress. This access point shall include a clearly identified portal for the delivery of all necessary supplies and for the arrival of all necessary service, health care, emergency, law enforcement, and other personnel. All delivery, service, emergency, law enforcement, health care, or other personnel shall wear appropriate safety clothing and equipment as necessary to prevent cross contamination at all times within the self-quarantine area.
122506.The right to self-quarantine includes, but is not limited to, the right to safely travel to the self-quarantine area. An automobile or mobile trailer shall be considered a temporary extension of the self-quarantine area, but only for the purpose of driving to the self-quarantine area. This section does not permit a self-quarantine individual to travel between different potential self-quarantine areas, or to exit the self-quarantine area to retrieve supplies for the self-quarantine area.
122507.(a)A parent or guardian in quarantine or isolation does not lose his or her fundamental parental right to assert his or her childs right to consent to, or to refuse to consent to, medical treatment.
(b)Notwithstanding any law, all of the following apply to individuals in self-quarantine:
(1)Individuals and their property in self-quarantine protected under this part shall be temporarily relieved of all of the following compulsory legal process for the duration of their self-quarantine:
(A)Jury duty.
(B)Witness subpoena in a civil or criminal matter.
(C)Court attendance or notice in a civil matter.
(D)School attendance.
(E)Transfer or surrender of property.
(2)At the conclusion of the self-quarantine period, compulsory legal process may be resumed, except that the affirmative defenses of impossibility and force majeure shall be available to prevent injustice.
122508.Notwithstanding any law, for contracts entered into or amended on or after January 1, 2019, all of the following apply to self-quarantined individuals who are parties to the contract:
(a)In any debt collection matter against an individual or his or her property previously in self-quarantine, any nonpayment by the debtor during the time period of self-quarantine, or accrual of interest or penalties during the time period of self-quarantine, shall not be allowed.
(b)A creditor or service provider shall not be penalized for any failure to provide any service or notice to a debtor or purchaser during the time period of the self-quarantine of any party involved in his or her transaction.
(c)A party to a contract may unilaterally terminate without penalty a contract during the time period of the other partys self-quarantine, if the self-quarantining partys failure to provide consideration during the time period of the self-quarantine would constitute a material breach of contract if not for the self-quarantine. This subdivision does not relieve a party who has already collected consideration under a contract from either paying for that consideration or returning it, as fairness requires, at the conclusion of the self-quarantine.
122509.(a)A person who is the recipient of an otherwise mandatory medication or seclusion order or other requirement imposed by a governmental entity or officer and who elects to exercise the right of self-quarantine under this part in lieu of compliance with that requirement shall provide a written notice to the governmental entity or officer and shall file a copy of the notice with the Secretary of State. The notice shall certify that the self-quarantine is in compliance with this part and shall identify the self-quarantine area and duration.
(b)Written notice shall be provided to the governmental officer or entity, and the Secretary of State, when the quarantine has ended, or if the period of quarantine is to be extended.
(c)A self-quarantined person may post a written notice at the entrance of the self-quarantine area, in substantially the following form:
PANDA NOTICE
The inhabitant (s) of this area exercise PANDA rights to remain peacefully natural within the following self-quarantine area:________________________________________________________ (Insert general description or address of self-quarantine area)
People: ______________________________________________________ (Insert names of people within the self-quarantine area who are exercising PANDA rights)
If (I or we) have any written confirmation that (I or we) have consulted health professionals as required by law for self-compliance on home quarantine matters, the documentation is attached to this notice, or may be obtained by contacting: ____________________________________________________________. (Optional: Insert the contact information for any doctor or lawyer assisting you with any self-compliance documentation)
122510.
(a)This part does not prohibit or restrict the incarceration of any duly convicted person, nor does it prevent the lawful arrest of any individual for a crime, unless that alleged crime or incarceration is due to the individuals refusal to follow a public health order conflicting with his or her rights under this part.
(b)This part does not limit the reporting requirements regarding matters of infectious disease otherwise required by law, including, but not limited to, this division.
(c)This part does not limit law enforcement in lawfully investigating and prosecuting criminal activity. This part does not impede the ability of authorities to immediately rectify an immediate safety threat, including, but not limited to, an imminent and life-threatening fire hazard at a self-quarantine area.
(d)This part does not provide an individual exercising his or her right of self-quarantine with immunity from termination of employment, whether public or private.
122511.(a)(1) Notwithstanding any law, no person shall obstruct or interfere with the exercise of the right of self-quarantine as set forth in this part.
(2)A knowing violation of paragraph (1) is a misdemeanor. A knowing and willful violation of paragraph (1) is a felony.
(b)Any governmental officer who violates this part under color of authority, by maliciously and materially denying PANDA rights to a person, is guilty of a felony punishable by a fine of ten thousand dollars ($10,000) and up to one year imprisonment for each violation.
(c)Immunities pursuant to Section 855.4 of the Government Code do not apply to violations of this part.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)No governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall engage in a pattern or practice of conduct that deprives any person of his or her right of self-quarantine as set forth in the Peaceful and Natural Dignity Act (Part 8 (commencing with Section 122500) of Division 105 of the Health and Safety Code).
(b)Any person who has been the victim of a violation of subdivision (a) may bring a civil action for damages against any responsible party. The plaintiff may seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorneys fees and costs.
SEC. 2.Part 8 (commencing with Section 122500) is added to Division 105 of the Health and Safety Code, to read:8.Peaceful and Natural Dignity Act122500.(a)This part shall be known, and may be cited, as the Peaceful and Natural Dignity Act (PANDA).
(b)For purposes of this part, the following definitions shall apply:
(1)Self-quarantine means the right of a person to voluntarily place oneself in a state of quarantine within a self-quarantine area as set forth in this part in lieu of compliance with an order of a governmental officer or entity regarding mandatory medication, seclusion, or other requirement related to the prevention or mitigation of the spread of contagious disease or pathogen.
(2)Self-quarantine area means the private geographic area maintained as the exclusive area for any manner of living, work, or travel by the individual or individuals exercising the right of self-quarantine under this part.
(3)Governmental entity means an entity of the state or local government.
(4)Governmental officer means any officer, employee, or agent of a governmental entity.
(5)Peacefully natural refers to an unmedicated manner of being, which is a fundamental expression of the individual human condition. Peacefully natural includes, but is not limited to, refraining from medical treatment and testing, and refraining from injection or implantation of any artificial item or biological matter, for any purpose.
(6)Emergency means any state of martial law or emergency of any kind, whether declared or undeclared, including any state or local emergency.
122501.(a)The right of self-quarantine is an attribute of the right of privacy which is derived from Section 1 of Article I of the California Constitution. Notwithstanding any law, including any contrary provisions of this division, including, but not limited to, Section 120275, the goal of this part is to provide a statutory authority for a person to voluntarily exercise that right and to elect to live a peacefully natural existence rather than comply with otherwise mandatory medication or other contagion-prevention orders or requirements.
(b)During any emergency, any individual or group is entitled to exercise the right of self-quarantine alone or together by electing to remain within the self-quarantine area for the self-quarantine period, as set forth in this part.
122502.(a)Licensed health care personnel, including, but not limited to, physician and surgeons, naturopathic doctors, and others may assist individuals in complying with this section by performing services consistent with their scope of practice, including, but not limited to, conducting physical examinations and diagnostic tests for the purpose of advising patients regarding any of the following:
(1)Their present physical condition and relative susceptibility to disease or harm.
(2)The general risks of self-quarantine.
(3)Any approved methods by applicable health authorities for voluntarily ending self-quarantine.
(b)To document a physical consultation or diagnostic test for purposes of this part, the health care professional shall provide the patient with a written note describing at least both of the following:
(1)The patients name and location.
(2)A general statement of the patients physical condition.
122503.(a)A person who receives a written confirmation that he or she has consulted with his or her physician and surgeon or naturopathic doctor for self-compliance on self-quarantine matters and who has identified a self-quarantine area that satisfies the requirements of this part, is presumed to be in full compliance with this part, rebuttable only by an individualized judicial finding of clear and convincing evidence of a violation posing a direct and immediate threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
(b)In all other cases, noncompliance with this part may be established by the applicable public health authority upon a judicial finding of substantial and credible evidence of a violation posing a direct threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
(c)Any hearing under this section shall afford the parties concerned with adequate notice of hearing and the right to present evidence in rebuttal.
122504.(a)The self-quarantine area shall be located on private property that the self-quarantine person or persons are otherwise legally authorized to inhabit and shall be at least one-tenth acre in size for one individual. Where a group or family is self-quarantining together voluntarily, the total self-quarantine area shall contain at least one-fifteenth acre for each individual.
(b)Wilderness lands, even if owned or maintained by a government entity, may be considered private property for these purposes, and suitable for a self-quarantine if the self-quarantined person or group is otherwise legally authorized to inhabit the area for the self-quarantine period of time and the area otherwise meets all of the requirements of this part. If the self-quarantine area is on wilderness lands, the self-quarantine individual or group shall refrain from willfully coming within one quarter mile of a designated park road or trail, or one mile of a park facility building.
122505.(a)The self-quarantine area shall be suitable to fully sustain the proposed self-quarantine population. However, the self-quarantine population may make arrangements for the delivery of necessary supplies and the provision of necessary services, consistent with this part.
(b)Ranches, homesteads, and farms that are organic or natural in character, and which contain a septic system located on the property in question, are presumptive examples where individuals can self-quarantine, provided the acreage requirements of this part are satisfied. The lack of a presumption under Section 122503 is not determinative of the validity of a self-quarantine area.
(c)The products and produce of a self-quarantine area are also subject to quarantine.
(d)The perimeter of the self-quarantine area shall be properly posted to ensure that members of the public do not inadvertently enter the self-quarantine area.
(e)The self-quarantine area shall meet all state and local infrastructure requirements, including, but not limited to, sanitation requirements, otherwise applicable to a site to be inhabited by a group the size of the proposed self-quarantine population.
(f)The self-quarantine area shall have one clearly identified access point for all ingress and egress. This access point shall include a clearly identified portal for the delivery of all necessary supplies and for the arrival of all necessary service, health care, emergency, law enforcement, and other personnel. All delivery, service, emergency, law enforcement, health care, or other personnel shall wear appropriate safety clothing and equipment as necessary to prevent cross contamination at all times within the self-quarantine area.
122506.The right to self-quarantine includes, but is not limited to, the right to safely travel to the self-quarantine area. An automobile or mobile trailer shall be considered a temporary extension of the self-quarantine area, but only for the purpose of driving to the self-quarantine area. This section does not permit a self-quarantine individual to travel between different potential self-quarantine areas, or to exit the self-quarantine area to retrieve supplies for the self-quarantine area.
122507.(a)A parent or guardian in quarantine or isolation does not lose his or her fundamental parental right to assert his or her childs right to consent to, or to refuse to consent to, medical treatment.
(b)Notwithstanding any law, all of the following apply to individuals in self-quarantine:
(1)Individuals and their property in self-quarantine protected under this part shall be temporarily relieved of all of the following compulsory legal process for the duration of their self-quarantine:
(A)Jury duty.
(B)Witness subpoena in a civil or criminal matter.
(C)Court attendance or notice in a civil matter.
(D)School attendance.
(E)Transfer or surrender of property.
(2)At the conclusion of the self-quarantine period, compulsory legal process may be resumed, except that the affirmative defenses of impossibility and force majeure shall be available to prevent injustice.
122508.Notwithstanding any law, for contracts entered into or amended on or after January 1, 2019, all of the following apply to self-quarantined individuals who are parties to the contract:
(a)In any debt collection matter against an individual or his or her property previously in self-quarantine, any nonpayment by the debtor during the time period of self-quarantine, or accrual of interest or penalties during the time period of self-quarantine, shall not be allowed.
(b)A creditor or service provider shall not be penalized for any failure to provide any service or notice to a debtor or purchaser during the time period of the self-quarantine of any party involved in his or her transaction.
(c)A party to a contract may unilaterally terminate without penalty a contract during the time period of the other partys self-quarantine, if the self-quarantining partys failure to provide consideration during the time period of the self-quarantine would constitute a material breach of contract if not for the self-quarantine. This subdivision does not relieve a party who has already collected consideration under a contract from either paying for that consideration or returning it, as fairness requires, at the conclusion of the self-quarantine.
122509.(a)A person who is the recipient of an otherwise mandatory medication or seclusion order or other requirement imposed by a governmental entity or officer and who elects to exercise the right of self-quarantine under this part in lieu of compliance with that requirement shall provide a written notice to the governmental entity or officer and shall file a copy of the notice with the Secretary of State. The notice shall certify that the self-quarantine is in compliance with this part and shall identify the self-quarantine area and duration.
(b)Written notice shall be provided to the governmental officer or entity, and the Secretary of State, when the quarantine has ended, or if the period of quarantine is to be extended.
(c)A self-quarantined person may post a written notice at the entrance of the self-quarantine area, in substantially the following form:
PANDA NOTICE
The inhabitant (s) of this area exercise PANDA rights to remain peacefully natural within the following self-quarantine area:________________________________________________________ (Insert general description or address of self-quarantine area)
People: ______________________________________________________ (Insert names of people within the self-quarantine area who are exercising PANDA rights)
If (I or we) have any written confirmation that (I or we) have consulted health professionals as required by law for self-compliance on home quarantine matters, the documentation is attached to this notice, or may be obtained by contacting: ____________________________________________________________. (Optional: Insert the contact information for any doctor or lawyer assisting you with any self-compliance documentation)
122510.
(a)This part does not prohibit or restrict the incarceration of any duly convicted person, nor does it prevent the lawful arrest of any individual for a crime, unless that alleged crime or incarceration is due to the individuals refusal to follow a public health order conflicting with his or her rights under this part.
(b)This part does not limit the reporting requirements regarding matters of infectious disease otherwise required by law, including, but not limited to, this division.
(c)This part does not limit law enforcement in lawfully investigating and prosecuting criminal activity. This part does not impede the ability of authorities to immediately rectify an immediate safety threat, including, but not limited to, an imminent and life-threatening fire hazard at a self-quarantine area.
(d)This part does not provide an individual exercising his or her right of self-quarantine with immunity from termination of employment, whether public or private.
122511.(a)(1) Notwithstanding any law, no person shall obstruct or interfere with the exercise of the right of self-quarantine as set forth in this part.
(2)A knowing violation of paragraph (1) is a misdemeanor. A knowing and willful violation of paragraph (1) is a felony.
(b)Any governmental officer who violates this part under color of authority, by maliciously and materially denying PANDA rights to a person, is guilty of a felony punishable by a fine of ten thousand dollars ($10,000) and up to one year imprisonment for each violation.
(c)Immunities pursuant to Section 855.4 of the Government Code do not apply to violations of this part.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Jun 19, 2018 | Returned to Secretary of Senate pursuant to Joint Rule 62(a). |
| Apr 18, 2018 | April 18 set for first hearing. Failed passage in committee. (Ayes 0. Noes 8. Page 4747.) |
| Apr 9, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. |
| Apr 2, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. |
| Mar 20, 2018 | Set for hearing April 18. |
| Mar 1, 2018 | Referred to Coms. on HEALTH and JUD. |
| Feb 20, 2018 | From printer. May be acted upon on or after March 22. |
| Feb 16, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
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Location
|
Votes
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|
|---|---|---|---|---|
| Apr 18, 2018 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Health |
Failed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Academy Of Pediatrics California | ** Against | Apr 23, 2018 |
| California Medical Association | ** Against | Apr 23, 2018 |
| California Naturopathic Doctors Association | ** Support | Apr 23, 2018 |
| California State Association Of Counties | ** Against | Apr 23, 2018 |
| County Health Executives Association Of California | ** Against | Apr 23, 2018 |
| County of Santa Clara | ** Against | Apr 23, 2018 |
| Dr Michael Johnson | * Against | Apr 18, 2018 |
| Health Officers Association Of California | ** Against | Apr 23, 2018 |
| Herself | * Support | Apr 18, 2018 |
| National Vaccine Information Center | ** Support | Apr 23, 2018 |
| pacific justice institute-center for public policy | ** Support | Apr 23, 2018 |
| Vaccinate California | ** Against | Apr 23, 2018 |
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 1325
AUTHOR: | Moorlach | ||
VERSION: | April 9, 2018 | ||
HEARING DATE: | April 18, 2018 | ||
CONSULTANT: | Melanie Moreno | ||
SUBJECT: Peaceful and Natural Dignity Act: the right of self-quarantine
SUMMARY:
- Enacts the Peaceful and Natural Dignity Act and requires an individual or group, during an emergency, to be entitled to exercise the right of self-quarantine alone or together by electing to remain within the self-quarantine area for the self-quarantine period, as specified. Prohibits a person from obstructing or interfering with the exercise of the right of self-quarantine as set forth in this bill, notwithstanding any other law.
Existing law:
- Requires the Department of Public Health (DPH) to establish a list of reportable diseases and conditions, and to specify the timeliness requirements related to the reporting of each disease and condition, and the mechanisms required for, and the content to be included in, reports made. Permits the list of reportable diseases and conditions to include both communicable and noncommunicable diseases. [HSC §120125]
- Permits DPH, from time to time, to adopt and enforce regulations requiring strict or modified isolation, or quarantine, for any of the contagious, infectious, or communicable diseases, if in its opinion, the action is necessary for the protection of the public health. Permits the State Public Health Officer to require strict or modified isolation, or quarantine, for any case of contagious, infectious, or communicable disease, when necessary for the protection of the public health. Permits DPH to establish and maintain places of quarantine or isolation. [HSC §120125 and 120135]
- Requires a local health officer (LHO), in the case of a local epidemic of disease, to report at those times as requested by DPH all facts concerning the disease, and the measures taken to abate and prevent its spread, as specified. Permits a LHO to require strict or modified isolation, or quarantine, for any case of contagious, infectious, or communicable disease, when this action is necessary for the protection of the public health. [HSC §120185, 120190, 120130]
- Permits the LHO, if, pursuant to 3) above, a modified isolation order is issued, and the order is not complied with, to issue a strict isolation order. [HSC §120240]
- Requires LHOs to enforce all orders, rules, and regulations concerning quarantine or isolation prescribed or directed by DPH. Requires LHOs, when required by DPH, to establish and maintain places of quarantine or isolation that are subject to DPH directions. Prohibits a quarantine from being established by a county or city against another county or city without the written consent of DPH. [HSC §120195, 120200, 120205]
- Requires all persons, when quarantine or isolation, either strict or modified, is established by a LHO, to obey his or her rules, orders, and regulations. Makes any person who, after notice, violates, or who, upon the demand of any health officer, refuses or neglects to conform to, any rule, order, or regulation prescribed by the department respecting a quarantine or disinfection of persons, animals, things, or places, guilty of a misdemeanor. [HSC § 120220 and 120275]
This bill:
- Enacts the Peaceful and Natural Dignity Act (PANDA), and defines a number of terms for purposes of this bill, including:
- “Self-quarantine” means the right of a person to voluntarily place oneself in a state of quarantine within a self-quarantine area in lieu of compliance with an order of a governmental officer or entity regarding mandatory medication, quarantine, isolation, or other requirement related to the prevention or mitigation of the spread of a contagious disease or pathogen.
- “Self-quarantine area” means the private geographic area maintained as the exclusive area for any manner of living, work, or travel by the individual or group exercising the right of self-quarantine.
- “Peacefully natural” means a manner of being that is a fundamental expression of the individual human condition. Peacefully natural includes, but is not limited to, refraining from medical treatment and testing, and refraining from injection or implantation of any artificial item or biological matter, for any purpose.
- “Emergency” means a state of martial law or emergency of any kind, whether declared or undeclared, including a state or local emergency.
- Specifies that the right of self-quarantine is an attribute of the right of privacy, which is derived from the California Constitution, as specified. Specifies that the goal of this bill is to provide a statutory authority for a person to voluntarily exercise the right of self-quarantine and to elect to live a peacefully natural existence rather than comply with otherwise mandatory medication or other contagion-prevention orders or requirements.
- Requires an individual or group, during an emergency, to be entitled to exercise the right of self-quarantine alone or together by electing to remain within the self-quarantine area for the self-quarantine period, as specified.
- Permits licensed health care personnel, including, but not limited to, physician, naturopathic doctors, and others, to assist individuals in complying with this bill by performing services consistent with their scope of practice, including, but not limited to, conducting examinations and diagnostic tests for the purpose of advising patients regarding any of the following:
- Their present physical condition and relative susceptibility to disease or harm;
- The general risks of self-quarantine; and,
- Any approved methods by applicable health authorities for voluntarily ending self-quarantine.
- Requires a health care professional, to document a physical consultation or diagnostic test for purposes of this bill, to provide the patient with a written note describing the patient’s name and location and a general statement of the patient’s physical condition.
- Permits the provision of health care services and supporting documentation under this bill to be performed remotely by telemedicine or electronic communication.
- Specifies that an individual who receives a written confirmation that he or she has consulted with his or her physician or naturopathic doctor for self-compliance on self-quarantine matters and who has identified a self-quarantine area that satisfies the requirements of this bill, is presumed to be in full compliance with this bill, rebuttable only by an individualized judicial finding of clear and convincing evidence of a violation of this bill posing a direct and immediate threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
- Permits noncompliance with this bill to be established, in all other cases, by the applicable public health authority upon a judicial finding of substantial and credible evidence of a violation of this bill posing a direct threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
- Requires a hearing under this bill to afford the parties concerned with adequate notice of hearing and the right to present evidence in rebuttal.
- Requires a self-quarantine area to be located on private property that is the primary residence of the self-quarantined individual or group and that the self-quarantined individual or group is otherwise legally authorized to inhabit.
- Permits wilderness lands, even if owned or maintained by a government entity, to be considered private and suitable for a self-quarantine if the self-quarantined individual or group is otherwise legally authorized to inhabit the area as a maintained and sanitary campsite for the self-quarantine period of time and the area otherwise meets all of the requirements of this bill. Requires the self-quarantined individual or group, if the self-quarantine area is on wilderness lands, to refrain from willfully coming within one quarter mile of a designated park road or trail, or one mile of a park facility building.
- Requires the self-quarantine area to be suitable to fully sustain the proposed self-quarantined population, but permits the self-quarantined population to make arrangements for the delivery of necessary supplies and the provision of necessary services, consistent with this bill.
- Prohibits a lack of a presumption under 7) above from being determinative of the validity of a self-quarantine area.
- Requires the products and produce of a self-quarantine area to also be subject to quarantine.
- Requires the perimeter of the self-quarantine area to be properly posted to ensure that members of the public do not inadvertently enter the self-quarantine area.
- Requires a self-quarantine area to meet all state and local infrastructure requirements, including, but not limited to, sanitation requirements, otherwise applicable to a site to be inhabited by a group the size of the proposed self-quarantined population.
- Requires a self-quarantine area to have one clearly identified access point for all ingress and egress. Requires the access point to include a clearly identified portal for the delivery of all necessary supplies and for the arrival of all necessary service, health care, emergency, law enforcement, and other personnel. Requires all delivery, service, emergency, law enforcement, health care, or other personnel to wear appropriate safety clothing and equipment as necessary to prevent cross contamination at all times within the self-quarantine area.
- Requires authorities, in the event of a dispute between inhabitants of a self-quarantine area, to respect the self-quarantine rights of both parties under this bill and may only forcibly remove a person who has committed a public offense or who lacks a legal right to be on the property.
- Requires the right to self-quarantine to include, but not be limited to, the right to safely travel to the self-quarantine area. Requires an automobile or mobile trailer to be considered a temporary extension of the self-quarantine area, but only for the purpose of driving to the self-quarantine area. Prohibits this bill from permitting a self-quarantined individual to travel between different potential self-quarantine areas, or to exit the self-quarantine area to retrieve supplies for the self-quarantine area.
- Prohibits a parent or guardian in self-quarantine losing his or her fundamental parental right to assert his or her child’s right to consent to, or to refuse to consent to, medical treatment.
- Requires self-quarantined individuals and their property in self-quarantine to be temporarily relieved of all of the following compulsory legal process for the duration of their self-quarantine:
- Jury duty;
- Witness subpoena in a civil or criminal matter;
- Court attendance or notice in a civil matter;
- School attendance; and,
- Transfer or surrender of property.
- Permits compulsory legal process to be resumed at the conclusion of the self-quarantine period, except that the affirmative defenses of impossibility and force majeure are required to be available to prevent injustice.
- Applies the following, notwithstanding any law, for contracts entered into or amended on or after January 1, 2019, to self-quarantined individuals who are parties to the contract:
- Prohibits, in any debt collection matter against an individual or his or her property previously in self-quarantine, nonpayment by the debtor during the time period of self-quarantine, or accrual of interest or penalties during the time period of self-quarantine;
- Prohibits a creditor or service provider from being penalized for failure to provide a service or notice to a debtor or purchaser during the time period of the self-quarantine of any party involved in the transaction; and,
- Permits a party to a contract to unilaterally terminate a contract without penalty during the time period of the other party’s self-quarantine, if the self-quarantining party’s failure to provide consideration during the time period of the self-quarantine would constitute a material breach of contract if not for the self-quarantine. Prohibits this bill from relieving a party who has already collected consideration under a contract from either paying for that consideration or returning it, as fairness requires, at the conclusion of the self-quarantine.
- Requires an individual who is the recipient of an otherwise mandatory order for medication, quarantine, isolation, or other requirement related to the prevention or mitigation of the spread of a contagious disease or pathogen, and who elects to exercise the right of self-quarantine under this bill in lieu of compliance with that order, to provide a written notice to the governmental entity or officer and to file a copy of the notice with the Secretary of State. Requires the notice to certify that the self-quarantine is in compliance with this bill and to identify the self-quarantine area and duration.
- Requires written notice to be provided to the governmental officer or entity, and the Secretary of State, when the quarantine has ended, or if the period of quarantine is to be extended.
- Permits a self-quarantined individual to post a written notice at the entrance of the self-quarantine area, in substantially the following form:
PANDA NOTICE
The inhabitant (s) of this area exercise PANDA rights within the following self-quarantine area:______________________(Insert general description or address of self-quarantine area)
People: ___________________(Insert names of people within the self-quarantine area who are exercising PANDA rights)
If (I or we) have any written confirmation that (I or we) have consulted health professionals as required by law for self-compliance on home quarantine matters, the documentation is attached to this notice, or may be obtained by contacting: ___________________________. (Optional: Insert the contact information for any doctor or lawyer assisting you with any self-compliance documentation)
- Specifies that this bill does not prohibit or restrict the incarceration of a duly convicted individual, nor does it prevent the lawful arrest of an individual for a crime, unless that alleged crime or incarceration is due to the individual’s refusal to follow a public health order conflicting with his or her rights under this bill.
- Prohibits this bill from limiting the reporting requirements regarding matters of infectious disease otherwise required by law, including, but not limited to, this bill.
- Prohibits this bill from limiting law enforcement in lawfully investigating and prosecuting criminal activity and from impeding the ability of authorities to immediately rectify an immediate safety threat, including, but not limited to, an imminent and life-threatening fire hazard at a self-quarantine area.
- Prohibits this bill from providing an individual exercising his or her right of self-quarantine with immunity from termination of employment, whether public or private.
- Prohibits a person from obstructing or interfering with the exercise of the right of self-quarantine as set forth in this bill, notwithstanding any other law. Makes a knowing violation of this provision a misdemeanor, and a knowing and willful violation of this provision a felony.
- Makes a governmental officer who violates this bill under color of authority, by maliciously and materially denying PANDA rights to a person, guilty of a felony punishable by 16 months, 18 months, or two years in the county jail, a fine of $10,000, or both that fine and imprisonment for each violation.
- Prohibits immunities that are granted pursuant to existing law for an injury resulting from the decision to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication of disease within the community, as specified, whether or not such discretion be abused from applying to violations of this bill.
- Prohibits a governmental authority, agent of a governmental authority, or person acting on behalf of a governmental authority, from engaging in a pattern or practice of conduct that deprives any person of his or her right of self-quarantine as set forth under this bill.
- Permits any person who has been the victim of a violation of 34) above to bring a civil action for damages against any responsible party. Permits the plaintiff to seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. Permits a prevailing plaintiff to also be awarded attorney’s fees and costs.
FISCAL EFFECT:
This bill has not been analyzed by a fiscal committee.
COMMENTS:
- Author’s statement. According to the author, SB 1325 preserves the rights of families who choose to engage in alternative lifestyles, who, even in times of crisis, would prefer to preserve their individual liberties and not be coerced into their medical care choices. In times of emergency, families that choose to remain un-medicated may quarantine themselves in an appropriate manner and will file a notice of informed choice with the state to remain un-medicated during the time of emergency or crisis from their physician or health care service. In following the quarantine guidelines, families can preserve their own health and wellness and ensure the safety of the society during a crisis. This bill would also allow for parents to retain custody of their children upon refusal of medication, and includes guidelines on informing individuals of the risks associated with choosing to remain un-medicated and advising a patient on the general risks and process of quarantining.
- Isolation vs. quarantine. According to the U.S. Department of Health and Human Services, isolation and quarantine are public health practices used to stop or limit the spread of disease. Isolation is used to separate ill persons who have a communicable disease from those who are healthy. Isolation restricts the movement of ill persons to help stop the spread of certain diseases. For example, hospitals use isolation for patients with infectious tuberculosis. Quarantine is used to separate and restrict the movement of well persons who may have been exposed to a communicable disease to see if they become ill. These people may have been exposed to a disease and do not know it, or they may have the disease but do not show symptoms. Quarantine can also help limit the spread of communicable disease. Isolation and quarantine are used to protect the public by preventing exposure to infected persons or to persons who may be infected.
- California’s public health system. According to DPH’s website, its Division of Communicable Disease Control (DCDC) works to promptly identify, prevent and control infectious diseases that pose a threat to public health, including emerging and re-emerging infectious diseases, vaccine-preventable agents, bacterial toxins, bioterrorism, and pandemics. DPH works with LHOs to implement infectious disease control at the local level through the 61 legally-appointed physician LHOs in California, one from each of the 58 counties and three cities of Berkeley, Long Beach and Pasadena. The California Conference of Local Health Officers (CCLHO) was established in statute in 1947 to advise DPH, other departments, boards, commissions, and officials of federal, state and local agencies, the Legislature and other organizations on all matters affecting health. CCLHO is an organization of the 61 LHOs and provides a state/local forum for the discussion of significant health issues in order to develop recommendations for appropriate health policy, including legislative and regulatory review. The CCLHO program committees consider technical and policy issues in communicable disease control and prevention; chronic disease and injury prevention; environmental health; health equity; and maternal, child and adolescent health.
- Isolation and quarantine authority. The State Health Officer and LHOs can both exercise authority in the matters of isolation and quarantine, however, generally, DPH works with LHOs, who have the authority to issue and enforce local quarantine orders. The federal government has authority as well, through the Centers for Disease Control and Prevention (CDC), to monitor and respond to the spread of communicable diseases across national or state borders, or if the state government is unwilling or unable to effectively respond. CDC's authority to exercise quarantine and isolation powers for specific diseases derives from the federal Public Health Services Act and a series of presidential Executive Orders, most recently updated in 2014. Under these orders, federal quarantine and isolation powers currently apply to the following diseases: Cholera; Diphtheria; infectious Tuberculosis; Plague; Smallpox; Yellow Fever; Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola, Crimean-Congo, South American, and others not yet isolated or named); Influenza caused by new or reemergent flu viruses that are causing, or have the potential to cause, a pandemic; and severe acute respiratory syndromes.
According to CCLHO’s June 2013 Health Officer Practice Guide for Communicable Disease Control in California, because there is no specific statutory authority for many of the particular orders that a LHO may wish to make, the authority for these actions will ultimately flow from the LHO’s general authority to “take measures as may be necessary to prevent the spread of the disease or occurrence of additional cases.” LHOs must exercise their power in a manner that is consistent with the protections afforded to individuals under the United States and California constitutions. Any LHO order must have an adequate justification if it impacts or limits liberty, freedom of movement, bodily integrity, privacy or property. The necessity of the order should be balanced against the extent of the infringement on the individual’s rights. The justification for the order becomes more demanding as the individual interests at stake become more significant. What is sufficient in one set of circumstances may not be sufficient in another.
- Double referral. This bill is double referred. Should it pass out of this Committee, it will be referred to the Senate Committee on Judiciary.
- Support. The Pacific Justice Institute Center for Public Policy states that because this bill seeks to allow for parents to retain custody of their children upon refusal of medication, they are pleased to register support. The California Naturopathic Doctors Association writes that the California Constitution states that everyone has the right to pursue and obtain privacy, and this legislation upholds that principle. Health care choices are personal and making private decisions for treatment is a principle that does not change even when an emergency strikes. The National Vaccine Information Center states that it is un-American to involuntarily quarantine law abiding citizens against their will in a place other than their own home, and California residents deserve the freedom to protect themselves from the harmful side effects of biological or pharmaceutical based public health measures while still obeying public health orders for quarantine in the safe environment of their own residence.
- Opposition. The Health Officers Association of California write that a personal physician will not be able to tell a person if they need to be quarantined, as this is the role of a communicable disease investigator, such as those employed by local health departments. These investigators and epidemiologists receive reports of communicable disease, then determine who else may have been exposed to the disease. Health departments reach out to exposed individuals and take appropriate measures to limit the spread of disease. Vaccinate California states that health departments handling of disease outbreaks represent the proper functioning of government, and something that the rest of the community relies on for their own health.
The County Health Executives Association of California (CHEAC) and the California State Association of Counties (CSAC) state that county public health officers, along with their staff, are the experts in communicable disease and prevention. By allowing individuals to decide they may exercise a right to self-quarantine alone or in a group, this bill erodes the authority of California’s public health officers to broadly protect the health of all Californians and prevent the spread of widespread and deadly infectious disease. The County of Santa Clara writes that this bill limits the ability of local governments to protect the public’s health and control the spread of disease. The American Academy of Pediatrics, California writes that this bill would erode protections for our most vulnerable populations, including babies too young to be immunized and people who are immunocompromised during emergency outbreaks. The California Medical Association states that isolation and quarantine are public health tools that are rarely used, but are absolutely essential when the time arises, and that this bill limits the ability of local governments to protect the public’s health and control the spread of disease.
SUPPORT AND OPPOSITION:
Support: California Naturopathic Doctors Association
National Vaccine Information Center
Pacific Justice Institute-Center for Public Policy
One individual
Oppose: American Academy of Pediatrics California
California Medical Association
California State Association of Counties
County Health Executives Association of California
County of Santa Clara
Health Officers Association of California
Vaccinate California
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Bill Author
Bill Co-Author(s):