In this subtitle the following words have the meanings indicated. “Catastrophic health emergency” means a situation in which extensive loss of life or serious disability is threatened imminently because of exposure to a deadly agent. “Deadly agent” means: anthrax, ebola, plague, smallpox, tularemia, or other bacterial, fungal, rickettsial, or viral agent, biological toxin, or other biological agent capable of causing extensive loss of life or serious disability; mustard gas, nerve gas, or other chemical agent capable of causing extensive loss of life or serious disability; or radiation at levels capable of causing extensive loss of life or serious disability. “Exposure to a deadly agent” means a threat to human health caused by the release, distribution, or transmission of a deadly agent in: this State; or another jurisdiction because of movement into the State of the deadly agent or of individuals exposed to the deadly agent. “Health care provider” means: a health care facility as defined in § 19–114(d)(1) of the Health – General Article; a health care practitioner as defined in § 19–114(e) of the Health – General Article; and an individual licensed or certified as an emergency medical services provider under § 13–516 of the Education Article. “Secretary” means the Secretary of Health.

If the Governor determines that a catastrophic health emergency exists, the Governor may issue a proclamation under this subtitle. The proclamation shall indicate: the nature of the catastrophic health emergency; the areas threatened or affected; and the conditions that: led to the catastrophic health emergency; or made possible the termination of the emergency. The Governor shall rescind a proclamation issued under this section whenever the Governor determines that the catastrophic health emergency no longer exists. Unless renewed, the proclamation expires 30 days after issuance. The Governor may renew the proclamation for successive periods, each not to exceed 30 days, if the Governor determines that a catastrophic health emergency continues to exist.

After the Governor issues a proclamation under this subtitle, the Governor may issue the orders authorized in this section. The Governor may order the Secretary or other designated official to: seize immediately anything needed to respond to the medical consequences of the catastrophic health emergency; and work collaboratively, to the extent feasible, with health care providers to designate and gain access to a facility needed to respond to the catastrophic health emergency. The Governor may order the Secretary or other designated official to control, restrict, or regulate the use, sale, dispensing, distribution, or transportation of anything needed to respond to the medical consequences of the catastrophic health emergency by: rationing or using quotas; creating and distributing stockpiles; prohibiting shipments; setting prices; or taking other appropriate actions. If medically necessary and reasonable to treat, prevent, or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent, the Governor may order the Secretary or other designated official to: require individuals to submit to medical examination or testing; require individuals to submit to vaccination or medical treatment unless the vaccination or treatment likely will cause serious harm to the individual; establish places of treatment, isolation, and quarantine; or require individuals to go to and remain in places of isolation or quarantine until the Secretary or other designated official determines that the individuals no longer pose a substantial risk of transmitting the disease or condition to the public. The Governor may order any health care provider, who does not voluntarily participate, to participate in disease surveillance, treatment, and suppression efforts or otherwise comply with the directives of the Secretary or other designated official. The Governor may order the evacuation, closing, or decontamination of any facility. If necessary and reasonable to save lives or prevent exposure to a deadly agent, the Governor may order individuals to remain indoors or refrain from congregating.

The Secretary may require an individual to go to and remain in a place of isolation or quarantine until the Secretary determines that the individual no longer poses a substantial risk of transmitting a disease or condition to the public if the individual: is a competent adult; and refuses an order under § 14-3A-03(b)(3) of this subtitle for: vaccination; medical examination; treatment; or testing.

If the Secretary or other designated official requires an individual or a group of individuals to go to and remain in places of isolation or quarantine under § 14–3A–03(b)(3) of this subtitle, the Secretary shall issue a directive to the individual or group of individuals. The directive shall specify: the identity of the individual or group of individuals that are subject to isolation or quarantine; the premises that are subject to isolation or quarantine; the date and time when the isolation or quarantine starts; the suspected deadly agent causing the outbreak or disease, if known; the justification for the isolation or quarantine; and the availability of a hearing to contest the directive. Except as provided in paragraph (3) of this subsection, the directive shall be: in writing; and given to those subject to the directive before the directive takes effect. If the Secretary or other designated official determines that the notice required in paragraph (2) of this subsection is impracticable because of the number of individuals or geographical areas affected, the Secretary or other designated official shall ensure that the affected individuals are fully informed of the directive using the best possible means available. If the directive applies to a group of individuals and it is impracticable to provide individual written copies under paragraph (2) of this subsection, the written directive may be posted in a conspicuous place in the isolation or quarantine premises. An individual or group of individuals isolated or quarantined under § 14–3A–03(b)(3) of this subtitle may request a hearing in a circuit court to contest the isolation or quarantine. A request for a hearing does not stay or enjoin an isolation or quarantine directive. A court that receives a request under this subsection shall hold a hearing within 3 days after receipt of the request. In any proceedings brought for relief under this subsection, the court may extend the time for a hearing: if the Secretary or other designated official shows that extraordinary circumstances exist that justify the extension; and after considering the rights of the affected individual or group of individuals, the protection of the public health, the severity of the catastrophic health emergency, and the availability of any necessary witnesses and evidence. The court shall grant the request for relief unless the court determines that the isolation or quarantine directive is necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent. The court in making its determination may consider, if feasible, the means of transmission, the degree of contagion, and, to the extent possible, the degree of public exposure to the disease. Subject to paragraph (7) of this subsection, if the court issues an order that authorizes the isolation or quarantine, the order shall: identify the isolated or quarantined individual or group of individuals by name or shared characteristics; specify factual findings warranting isolation or quarantine; and be in writing and given to the individual or group of individuals. If the court determines that the delivery required by paragraph (6)(iii) of this subsection is impracticable because of the number of individuals or geographical area affected, the court shall ensure that the affected individuals are fully informed of the order using the best possible means available. An order under subsection (c) of this section may authorize isolation or quarantine for not more than 30 days. Before the order expires, the Secretary or designated official may request the court to continue the isolation or quarantine for additional 30–day periods. The court shall base its decision on the standards provided under subsection (c)(5) of this section. If an individual cannot appear personally before the court, proceedings may be conducted: by the individual’s authorized representative; and in a way that allows full participation by other individuals. Subject to any emergency rules that the Supreme Court of Maryland adopts under paragraph (3) of this subsection, the court may order the consolidation of individual claims into group claims in proceedings brought under this section if: the large number of individuals involved or affected makes individual participation impracticable; questions of law or fact that are common to the individual claims or rights must be determined; the group claims or rights to be determined are typical of the affected individual’s claims or rights; or the entire group will be adequately represented in the consolidation. The Supreme Court of Maryland shall appoint counsel to represent individuals or a group of individuals who are not otherwise represented by counsel. The Supreme Court of Maryland shall adopt emergency rules of procedure to facilitate the efficient adjudication of proceedings brought under this section.

A health care provider is immune from civil or criminal liability if the health care provider acts in good faith and under a catastrophic health emergency proclamation.

The authority granted under this subtitle is in addition to, and not in derogation of, any other authority that the Governor, the Secretary, or any other public official may exercise under other law.

Except as provided in subsection (b) of this section, a person may not knowingly and willfully fail to comply with an order, requirement, or directive issued under this subtitle. A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both. A health care practitioner, as defined in § 19–114(e) of the Health – General Article, may not knowingly and willfully fail to comply with § 14–3A–03(c) of this subtitle. A health care practitioner who fails to comply with paragraph (1) of this subsection shall be subject to discipline under § 1–219 of the Health Occupations Article.