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<chapter num="01" heading="Care of Individuals Isolated or Quarantined Due to a Deadly Agent" title_num="10" subtitle_num="59">
  <regulation prefix="Regulation" num=".01" heading="Incorporation By Reference.">
    <text>Guideline for Isolation Precautions in Hospitals; Julia S. Garner and the Hospital Infection Control Practices Advisory Committee; (American Journal of Infection Control), which has been incorporated by reference in COMAR 10.07.02.01-1, is incorporated by reference in this chapter.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Definitions.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Deadly agent” means:</text>
        <paragraph num="(a)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Mustard gas, nerve gas, or other chemical agent capable of causing extensive loss of life or serious disability; or</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Radiation at levels capable of causing extensive loss of life or serious disability.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>“Department” means the Maryland Department of Health.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“Health care facility” has the meaning stated in Health-General Article, §19-114, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“Health officer” means the health officer of each of the 23 counties and the Commissioner of Health in Baltimore City, the duly designated representative of the health officer, or both.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>“Isolation” means the separation or restriction of movement of an individual who is ill and has an infectious illness or who is ill and is suspected of having an infectious illness from those who are not ill or infected for the purpose of stopping the spread of the infectious illness.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>“Quarantine” means the separation or restriction of movement of an individual who, though not ill, has been or may have been exposed to an infectious agent, to prevent the spread of infectious illness that may be transmitted to other individuals before illness develops or is recognized.</text>
      </paragraph>
      <paragraph num="(7)">
        <text>“Secretary” means the Secretary of Health or the Secretary's designee.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Standards For Isolation and Quarantine.">
    <paragraph num="A.">
      <text>As set forth in Health-General Article, §18-905, Annotated Code of Maryland, in investigating actual or potential exposures to a deadly agent, the Secretary may order isolation or quarantine of an individual or a group of individuals, including those individuals who refuse to be vaccinated, medically examined, treated, or tested.</text>
    </paragraph>
    <paragraph num="B.">
      <text>An individual who does not comply with an isolation or quarantine order of the Secretary is guilty of a misdemeanor and on conviction is subject to a fine and imprisonment pursuant to Health-General Article, §18-907(a), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="C.">
      <text>If the Secretary issues an order in compliance with Health-General Article, §18-905(b), Annotated Code of Maryland, the Secretary may order an individual into isolation or quarantine at:</text>
      <paragraph num="(1)">
        <text>A health care facility;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The individual's home; or</text>
      </paragraph>
      <paragraph num="(3)">
        <text>A nonhealth care facility.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Place of Quarantine or Isolation other than the Individual's Home.</text>
      <paragraph num="(1)">
        <text>If the Secretary has determined that it is necessary to issue an isolation or quarantine order for an individual to a facility other than the individual's home, the health officer, in consultation with other public health professionals, shall recommend to the Secretary a suitable place for isolation or quarantine.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The health officer shall base the recommendation for a place for isolation or quarantine on the following:</text>
        <paragraph num="(a)">
          <text>The seriousness of the disease;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The route or routes of transmission of the disease;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The contagiousness of the disease;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Precedents in the practice of public health;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>The behavior, neurological development and condition, and physical condition of the individual being isolated or quarantined; and</text>
        </paragraph>
        <paragraph num="(f)">
          <text>The access to needed support services at the site.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>The health officer, with assistance from local emergency management services, law enforcement personnel, or both, as needed, shall arrange for and provide, if needed, transportation for an individual to be isolated or quarantined.</text>
    </paragraph>
    <paragraph num="F.">
      <text>The health officer, with assistance from the local law enforcement agency as needed, shall monitor an isolated or quarantined individual by phone call, home visit, or other means, to ensure that the isolated or quarantined individual stays in the designated facility at all times during the period of isolation or quarantine, except in an emergency such as fire, natural disaster, or evacuation of the area by a county, State, or federal agency for any other reason.</text>
    </paragraph>
    <paragraph num="G.">
      <text>If evacuation from the site occurs in an emergency, an isolated or quarantined individual shall notify the health officer immediately by a phone call or any other means possible and follow instructions given by the health officer.</text>
    </paragraph>
    <paragraph num="H.">
      <text>Unless not available in the community due to a general state of emergency, the health officer, the administrator of a health care facility, or an individual in charge of an isolation or quarantine facility set forth in Regulation .07B of this chapter, with assistance from staff at local health care facilities, local law enforcement agencies, local social service agencies, local county agencies, or other agencies, shall ensure that an isolation or quarantine facility has, at a minimum:</text>
      <paragraph num="(1)">
        <text>Electricity;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Hot and cold potable (fit to drink) water;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Hand-washing facilities;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Toilets;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Heat;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Telephone access; and</text>
      </paragraph>
      <paragraph num="(7)">
        <text>Means for discarding trash and waste.</text>
      </paragraph>
    </paragraph>
    <paragraph num="I.">
      <text>If an isolated or quarantined individual is in a health care facility, the administrator of the health care facility, and otherwise the health officer, with assistance from staff at local health care facilities, local law enforcement agencies, local social service agencies, local county agencies, or other agencies, shall ensure that an individual in isolation or quarantine has access to, at a minimum:</text>
      <paragraph num="(1)">
        <text>Food;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Medical supplies;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Medications; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Medical care, including psychological care.</text>
      </paragraph>
    </paragraph>
    <paragraph num="J.">
      <text>To the extent feasible, the health officer shall provide information to an isolated or quarantined individual, without compromising the health of the isolated or quarantined individual or the people caring for the isolated or quarantined individual, by:</text>
      <paragraph num="(1)">
        <text>Assessing the language needs of the isolated or quarantined individual;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Translating both oral and written communications and documentation; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Monitoring to assure that the isolated or quarantined individual is not treated in a discriminatory manner.</text>
      </paragraph>
    </paragraph>
    <paragraph num="K.">
      <text>If an isolated or quarantined individual is in a health care facility, the administrator of the health care facility, and otherwise the health officer, shall, to the extent feasible:</text>
      <paragraph num="(1)">
        <text>Determine whether the individual has any cultural or religious beliefs that would interfere with medical care during quarantine or isolation; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Make arrangements to accommodate these beliefs, without compromising the health of:</text>
        <paragraph num="(a)">
          <text>The isolated or quarantined individual; or</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The people caring for the isolated or quarantined individual.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="L.">
      <text>An individual in isolation or quarantine shall:</text>
      <paragraph num="(1)">
        <text>Follow all written and verbal instructions provided by the Department and the local health department;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Notify and receive approval from the local health officer in advance of relocation to a new isolation or quarantine site, except in an emergency such as fire, natural disaster, or evacuation of the area by a county, State, or federal agency for any other reason; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Notify the health officer immediately upon relocation to a new location, in the event of an emergency such as fire, natural disaster, or evacuation of the area by a county, State, or federal agency for any other reason.</text>
      </paragraph>
    </paragraph>
    <paragraph num="M.">
      <text>An individual in isolation or quarantine may not leave the isolation or quarantine site without notification of the health officer, except in an emergency such as fire, natural disaster, or evacuation of the area by a county, State, or federal agency for any other reason.</text>
    </paragraph>
    <paragraph num="N.">
      <text>Parent or Guardian of an Isolated or Quarantined Minor.</text>
      <paragraph num="(1)">
        <text>If the Secretary orders a minor into isolation or quarantine, the minor's parent or guardian may accompany the minor into isolation or quarantine.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>If the Secretary orders a minor into isolation or quarantine and the minor's parent or guardian is unavailable, the minor shall be isolated or quarantined in a facility where adequate care and supervision are available for the minor.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The health officer shall follow the requirements of §I of this regulation in regard to the parent or guardian.</text>
      </paragraph>
    </paragraph>
    <paragraph num="O.">
      <text>The health officer, in consultation with local health care providers, shall:</text>
      <paragraph num="(1)">
        <text>Recommend to the Secretary when an individual can be released from isolation or quarantine; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Notify the individual who is isolated or quarantined of the date and time of release from isolation or quarantine, as decided by the Secretary.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Isolation in a Health Care Facility.">
    <paragraph num="A.">
      <text>The administrator of a health care facility shall ensure that isolation of an individual is done using one or more of the following types of isolation precautions and procedures, as defined and prescribed in Guideline for Isolation Precautions in Hospitals:</text>
      <paragraph num="(1)">
        <text>Standard precautions;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Airborne precautions;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Droplet precautions; or</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Contact precautions.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>The administrator of a health care facility shall, at a minimum:</text>
      <paragraph num="(1)">
        <text>Ensure the adequacy of isolation capacity and isolation practices by following the health care facility's isolation procedures;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Post a notice at the entrance of an area or a room to inform visitors and staff that the area or room in a health care facility is an isolation site; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Consult with and receive approval from the Secretary before transferring the patient to another site or discharging the patient from the health care facility.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Quarantine in a Health Care Facility.">
    <paragraph num="A.">
      <text>The Secretary may quarantine an individual in a health care facility due to a preexisting medical condition of the individual being quarantined or if a health care facility is more appropriate than the individual's home because of medical conditions of family members residing in the individual's home.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The administrator of a health care facility shall:</text>
      <paragraph num="(1)">
        <text>Follow the health care facility's procedures and protocol for quarantine; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Consult with and receive approval from the Secretary before transferring the patient to another site or discharging the patient from the health care facility.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Isolation and Quarantine in an Individual's Home.">
    <paragraph num="A.">
      <text>The Secretary, with assistance from staff at a local health department, local health care facilities, local law enforcement agencies, local social service agencies, or any other local county agencies as needed, may isolate or quarantine in the individual's home an individual who does not require hospitalization or other highly skilled medical care.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The health officer shall:</text>
      <paragraph num="(1)">
        <text>Ensure that appropriate supplies, such as surgical masks, gloves, thermometers, and hand hygiene material, are available to an isolated or quarantined individual; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Depending on the kind of illness of an isolated individual or the suspected illness of a quarantined individual, recommend to the Secretary that the Secretary issue further quarantine orders to ensure that other members of the house are quarantined either at the house as set forth in this regulation or at a nonhealth care facility as set forth in Regulation .07 of this chapter and are provided, at a minimum, with the following:</text>
        <paragraph num="(a)">
          <text>Written or oral information, or both, about the:</text>
          <paragraph num="(i)">
            <text>Infection for which the individual is being isolated or quarantined; and</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Precautionary measures the individuals living in the house should exercise while staying in the house where the individual is being isolated or quarantined;</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>Supplies, such as surgical masks, hand hygiene material, thermometers, and gloves, if appropriate;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The local health department phone number; and</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Other information and supplies determined by the health officer as necessary.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>The health officer, in collaboration with local health care practitioners, shall ensure the monitoring of the health of an isolated or quarantined individual, as needed.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".07" heading="Isolation and Quarantine in Nonhealth Care Facilities Not Individuals' Homes.">
    <paragraph num="A.">
      <text>The Secretary may order an individual, who cannot be accommodated in either a health care facility or the individual's home, into isolation or quarantine in one of the sites listed under §B of this regulation.</text>
    </paragraph>
    <paragraph num="B.">
      <text>A health officer may recommend to the Secretary the following sites for isolation and quarantine:</text>
      <paragraph num="(1)">
        <text>A school;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>A hotel;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>A motel;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>A dormitory; or</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Another site determined to be appropriate by the local health officer because the site meets the minimum standards for isolation or quarantine as set forth in Regulation .03H of this chapter.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Health General Article, §§18-904—18-907, Annotated Code of Maryland;Ch. 1, Section 4, Acts of 2002</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: June 19, 2006 (33:12 Md. R. 998)</annotation>
  </annotations>
</chapter>