Will state health cops lock you up?

You can be confined to protect others

Rick Brundrett
Posted 5/14/20

Here’s a scary thought.

This hasn’t been enforced, but it’s in the 2002 Emergency Health Powers Act.

If you don’t comply with Department of Health and Environmental Control rules …

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Will state health cops lock you up?

You can be confined to protect others

Posted

Here’s a scary thought.

This hasn’t been enforced, but it’s in the 2002 Emergency Health Powers Act.

If you don’t comply with Department of Health and Environmental Control rules you may face felony charges with a penalty of 30 days in jail and $1,000 fine.

If you visit someone in quarantine if not authorized by DHEC you could face the same felony penalty.

This law allows DHEC to quarantine you if you are “unable or unwilling for any reason” to get vaccinations or treatment for a contagious disease. The DHEC director can issue an emergency order isolating you, subject to court review.

If quarantine is required, DHEC is supposed to ensure you are provided adequate food, clothing, shelter, ways to communicate with those outside your confinement, medication and competent medical care.

But the law doesn’t specify the standards of care or who would pay for it.

It only requires the “least restrictive means” in isolating you including confinement to private homes or “private and public premises” which aren’t defined.

We asked DHEC under what circumstances would it use its police powers.

By email a spokeswoman for the State Emergency Response Team said they were inundated with media requests and it “may take a day or two” to respond but without a reply since.

Last month the SC Supreme Court told chief circuit court judges to familiarize themselves with procedures under the law.

The law says the DHEC director or his designee can issue an isolation order if delaying it would “significantly jeopardize” its ability to prevent the virus’s spread.

DHEC must petition a circuit court judge in 10 days of issuing the emergency order to request continuing the isolation or quarantine.

A hearing has to be held in 5 days of the filing and the judge must grant it if a preponderance of the evidence – the lowest legal standard – shows that the requested actions are “reasonably necessary.”

A court order is good for up to 30 days, and can be renewed for 30 more days if requested by DHEC.

If confined you can ask a judge to release you.

You must be immediately released if you pose “no substantial risk” of spreading the virus although no criteria are specified in the law.

You are also entitled to a court-appointed attorney although a public defender isn’t guaranteed under state law and court rules.

Brundrett is the news editor of The Nerve. Contact him at 803-254-4411 or rick@thenerve.org.

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