(a) The Mayor may, upon the advice of the Director of the Department of Health and pursuant to subchapter I of Chapter 5 of Title 2, issue rules to prevent and control the spread of communicable diseases, environmentally or occupationally related diseases, and other diseases or medical conditions that the Director of the Department of Health has advised should be monitored for epidemiological or other public health reasons. These rules may include, but shall not necessarily be limited to:
(1) A list of reportable diseases and conditions;
(2) Reporting procedures; and
(3) Requirements and procedures for restriction of movement, isolation, and quarantine not inconsistent with this subchapter.
(b)(1) Except as provided in paragraph (2) of this subsection, the Director of the Department of Health shall use the records incident to the case of a disease or medical condition reported under this subchapter for statistical and public health purposes only, and identifying information contained in these records shall be disclosed only when essential to safeguard the physical health of others. No person shall otherwise disclose or redisclose identifying information derived from these records unless:
(A) The person reported gives his or her prior written permission; or
(B) A court finds, upon clear and convincing evidence and after granting the person reported an opportunity to contest the disclosure, that disclosure:
(i) Is essential to safeguard the physical health of others; or
(ii) Would afford evidence probative of guilt or innocence in a criminal prosecution.
(2) The constraints on disclosure and redisclosure of identifying information set forth in paragraph (1) of this subsection shall not apply to the disclosure and use of information disclosed and used pursuant to:
(A) Subchapter I of Chapter 13 of Title 4; or
(B) Chapter 23 of Title 16.
(Aug. 11, 1939, 53 Stat. 1408, ch. 601, § 1; Aug. 8, 1946, 60 Stat. 919, ch. 871, § 1; Feb. 21, 1986, D.C. Law 6-83, § 3(a), 32 DCR 7276; Dec. 4, 2010, D.C. Law 18-273, § 203, 57 DCR 7171.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-117.
1973 Ed., § 6-118.
Effect of Amendments
D.C. Law 18-273, in subsec. (a), substituted "Director of the Department of Health" for "Commissioner of Public Health" in two places; in subsec. (b)(1), substituted "Director of the Department of Health" for "Commissioner of Public Health"; and rewrote subsec. (b)(2), which had read as follows:
"(2) The prohibitions set forth in paragraph (1) of this subsection shall not apply to the exchange and use of information effected under Chapter 29 of Title 3, subchapter I of Chapter 13 of Title 4, and Chapter 23 of Title 16."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 203 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 203 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
Legislative History of Laws
Law 6-83, the "Preventive Health Services Amendments Act of 1985," was introduced in Council and assigned Bill No. 6-99, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 5, 1985, and November 19, 1985, respectively. Signed by the Mayor on November 27, 1985, it was assigned Act No. 6-108 and transmitted to both Houses of Congress for its review.
Law 18-273, the "Data-Sharing and Information Coordination Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-356 which was referred to the Committee on Health and Human Services. The Bill was adopted on first and second readings on June 1, 2010, and June 29, 2010, respectively. Signed by the Mayor on July 20, 2010, it was assigned Act No. 18-489 and transmitted to both Houses of Congress for its review. D.C. Law 18-273 became effective on December 4, 2010.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(134) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Delegation of Authority
Delegation of authority pursuant to the "Preventive Health Services Amendment Act of 1985", see Mayor's Order 98-141, August 20, 1998 (45 DCR 6594).
For the purposes of this subchapter, the term:
(1) "Affected with a communicable disease" means a person infected with a communicable disease or exposed to a chemical or radiological agent who is capable of infecting others with the same disease or chemical or radiological agent if permitted to move freely in the general public, or a person who, while not infected with a communicable disease or exposed to a chemical or radiological agent, is a carrier of, or contaminated with, an infectious disease or chemical or radiological agent and capable of infecting others with the disease or chemical or radiological agent.
(2) "Communicable disease" means any disease:
(A) Denominated a reportable disease pursuant to § 7-131, including any illness due to an infectious agent or its toxic product that is transmitted:
(i) Directly or indirectly to a well person from an infected person, animal, or ectoparasite; or
(ii) Through the agency of an intermediate host or vector, or by exposure to chemical or radiological agents within the immediate environment; or
(B) Occurring as an outbreak of illness or toxic conditions, regardless of etiology, in an institution or other identifiable group of people.
(Aug. 11, 1939, 53 Stat. 1408, ch. 601, § 2; Aug. 8, 1946, 60 Stat. 919, ch. 871, § 2; Feb. 21, 1986, D.C. Law 6-83, § 3(b), 32 DCR 7276; Oct. 17, 2002, D.C. Law 14-194, § 902(a), 49 DCR 5306.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-118.
1973 Ed., § 6-119.
Effect of Amendments
D.C. Law 14-194 rewrote the section which had read as follows:
"§ 7-132. 'Communicable disease' defined.
"For the purposes of this subchapter, the term 'communicable disease' means that term as it is defined in § 8-5:103 of the District of Columbia Health Regulations (22 DCMR 299) or by the Mayor pursuant to § 7-131."
Legislative History of Laws
For legislative history of D.C. Law 6-83, see Historical and Statutory Notes following § 7-131.
Law 14-194, the "Omnibus Anti-Terrorism Act of 2002", was introduced in Council and assigned Bill No. 14-373, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on April 9, 2002, and May 7, 2002, respectively. Signed by the Mayor on June 3, 2002, it was assigned Act No. 14-380 and transmitted to both Houses of Congress for its review. D.C. Law 14-194 became effective on October 17, 2002.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(135) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) Whenever the Mayor, after consultation with the Director of the Department of Health, has probable cause to believe that a person is affected with a communicable disease or is a carrier of a communicable disease and that the person's presence in the general population is likely to cause death or seriously impair the health of others, the Mayor may, by written order, direct the removal of that person for the purpose of isolation, quarantine, or treatment. The order shall state a place of detention within the District of Columbia or outside of the District of Columbia; provided, that any place of detention outside the District of Columbia is under the supervision of the District of Columbia government.
(b) The order shall be executed by a member of the Metropolitan Police Department or any designated employee of the District of Columbia. The person executing the order shall inform the person subject to the order of its contents and provide the person with a copy of the order.
(c) Whenever the Mayor, after consultation with the Director of the Department of Health, has probable cause to believe that one or more groups of people at one or more locations are affected with a communicable disease and that the group's ability to move freely in the general population is likely to cause death or seriously impair the health of others, the Mayor may, by written order, direct the removal or detention of any such group for the purpose of isolation, quarantine, or treatment. The order shall state the bounds of the area subject to the order, and the person or persons executing the order shall inform, by reasonable means, all persons within the bounds of the detention area of the contents of the order and post a copy of the order in a conspicuous place in the bounds of the detention area.
(Aug. 11, 1939, ch. 601, § 3; Aug. 8, 1946, 60 Stat. 919, ch. 871, § 2; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Oct. 17, 2002, D.C. Law 14-194, § 902(b), 49 DCR 5306.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-119.
1973 Ed., § 6-119a.
Effect of Amendments
D.C. Law 14-194 rewrote the section which had read as follows:
"§ 7-133. Persons believed to be carriers of communicable diseases--Order for removal.
"Whenever the Director of the Department of Human Services has probable cause to believe that any person is affected with any communicable disease or is a carrier of communicable disease and that the continuance of such person in the place where he may be is likely to be dangerous to the lives or health of other persons, or that by reason of the noncooperation or carelessness of such person the public health is likely to be endangered, the Director of the Department of Human Services may by written order direct the removal by any designated officer or employee of the Department of Human Services or by any member of the Metropolitan Police force of such person to and the detention of such person in any place or institution in the District of Columbia designated by the Director of the Department of Human Services, or any institution located without the District of Columbia which may be designated by the Director of the Department of Human Services, and which is under the supervision of the government of the District of Columbia or any agency thereof. Such officer, employee, or member so designated in such order shall take such person into his custody and shall remove such person to such place or institution as may be designated in such order. Such officer, employee, or member shall immediately make known to such person the contents of such order, and also shall deliver to such person a true copy of such order."
Legislative History of Laws
For Law 14-194, see notes following § 7-132.
Miscellaneous Notes
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.
Health Department abolished: See Historical and Statutory Notes following § 7- 180.
(a) A copy of the order provided for in § 7-133 shall be delivered to the person in charge of any place or institution where a person or group of persons has been taken or detained, or, if the place of detention is a residence, to any person of suitable age and discretion then present in the residence. The order shall constitute the authority for detention until the order expires. The order shall expire within 24 hours of its issuance unless a judge of the Superior Court of the District of Columbia continues its force and effect for a longer period. The judge shall continue the force and effect of an order if the judge finds that probable cause exists to believe that the detained person's presence in the general population is likely to cause death or seriously impair the health of others.
(b) If a judge continues an order, any person or group of persons detained pursuant to the order may petition for a hearing to determine whether the person or group of persons is affected with a communicable disease, and, if the person or group of persons is affected with a communicable disease, whether release of the person or group of persons into the general population is likely to cause death or seriously impair the health of others. The hearing shall take place as soon as practicable, but no later than 10 days after the court receives the petition.
(Aug. 11, 1939, ch. 601, § 4; Aug. 8, 1946, 60 Stat. 919, ch. 871, § 2; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88- 60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Oct. 17, 2002, D.C. Law 14-194, § 902(c), 49 DCR 5306.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-120.
1973 Ed., § 6-119b.
Effect of Amendments
D.C. Law 14-194 rewrote the section which had read as follows:
"§ 7-134. Persons believed to be carriers of communicable diseases--Detention; expiration of order; continuation; hearing on detention; minors.
"A copy of the order provided for in § 7-133 hereof shall be delivered to the person in charge of such place or institution to which the person taken into custody may be removed and shall constitute the authority for the detention of such person in such place or institution until such order expires or until such person is discharged in the manner set forth in this section or § 7-135. Such order shall expire 48 hours (exclusive of Sundays and holidays) after such officer, employee, or member shall take into his custody such person as provided in § 7-133, unless it shall be continued in force and effect by a judge of the Superior Court of the District of Columbia, or unless such detained person shall stipulate in writing that the order be continued in force and effect. Such order shall be continued in force and effect if it shall appear to said judge by affidavit that the probable cause, required by § 7-133, exists. If the judge shall continue in force and effect the order of the Director of the Department of Human Services, the judge at that time shall set a date for a hearing upon the question of whether the person detained is at the time of such hearing affected with any communicable disease or is a carrier of communicable disease and, if so affected, upon the further question whether his release would be likely to endanger the lives or health of any other person. If such person be not sooner discharged such hearing shall be had within 10 days of the date of the order of the Court continuing in force and effect the order of the Director of the Department of Human Services unless such hearing be continued by the Court, or unless the detained person shall, in writing, waive such hearing, which waiver shall be filed with the Court. Such hearing shall be in or out of the presence of the detained person, in the discretion of the Court. If, after such hearing, the Court shall find that the detained person is not affected with any communicable disease and is not a carrier of communicable disease, or that the discharge of such person, even though affected with, or a carrier of, a communicable disease is not likely to endanger the lives or health of any other person the Court shall order such detained person to be discharged, otherwise the Court shall continue in force and effect the order of the Director of the Department of Human Services until such person be discharged in the manner set forth in § 7-135. If a minor is detained pursuant to this section or § 7-137 hereof, or is found guilty and sentence is suspended as provided in § 7-140 hereof, and such minor is in need of treatment for the communicable disease with which he is affected or of which he is a carrier, the Court is empowered to authorize the Director of the Department of Human Services to administer such treatment or cause the same to be administered. No person under 18 years of age detained under § 7-133, § 7- 134, § 7-135, or § 7-137, shall be detained in a room in which a person over that age is so detained."
Legislative History of Laws
For Law 14-194, see notes following § 7-132.
Miscellaneous Notes
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.
(a) The Mayor shall cause to be conducted, by medical personnel designated by the Mayor, medical examinations of all detained persons to determine whether any detained person is affected with a communicable disease and immediately discharge any person who is not affected with a communicable disease. The diagnosis resulting from the examination shall be in writing and signed by the examining physician. A copy of the signed diagnosis shall be retained by any person in charge of the place or institution of detention, or, if the place of detention is a residence, by any person of suitable age and discretion who resides there. A copy of the signed diagnosis also shall be given to the detained person for whom the diagnosis was made. Another copy of the signed diagnosis shall be transmitted to the appropriate health official as designated by the Mayor.
(b) A person who has been diagnosed as being affected with a communicable disease may be detained for as long as necessary to protect the public health. A person detained pursuant to this subsection may at any time petition the Superior Court of the District of Columbia for a discharge hearing. A person detained pursuant to this subsection who chooses to petition the Superior Court of the District of Columbia for a discharge hearing shall be provided with counsel if the person detained cannot afford counsel.
(Aug. 11, 1939, ch. 601, § 5; Aug. 8, 1946, 60 Stat. 920, ch. 871, § 2; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88- 60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Feb. 21, 1986, D.C. Law 6-83, § 3(c), 32 DCR 7276; Oct. 17, 2002, D.C. Law 14-194, § 902(d), 49 DCR 5306.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-121.
1973 Ed., § 6-119c.
Effect of Amendments
D.C. Law 14-194 rewrote the section which had read as follows:
"§ 7-135. Persons believed to be carriers of communicable diseases-- Examination; diagnosis; detention for quarantine; discharge; public hearing.
"It shall be the duty of the Director of the Department of Human Services to make or cause to be made by a physician such examination or examinations of such person as may be necessary to determine the existence or nonexistence of such communicable disease in such person or whether such person is a carrier of communicable disease. The diagnosis resulting from such examination or examinations shall be reduced to writing and signed by such examining physician within 10 days after the removal of such person to such place or institution and a copy thereof shall be filed in the office of the person in charge of such place or institution and a copy in the office of the Director of the Department of Human Services. If such diagnosis does not disclose that such person is affected with such communicable disease or that such person is a carrier of communicable disease, such person shall be discharged from such place or institution forthwith. If the diagnosis does disclose that such person is affected with such communicable disease or that such person is a carrier of communicable disease, the person in charge of the place or institution to which the infected person has been removed shall, subject to the provisions of § 7- 134 detain such person for such reasonable time as may be fixed by rule or regulation under the authority of this subchapter as is deemed necessary in the interest of public health and safety for the isolation, quarantine, and restriction of movement of persons affected by the particular communicable disease or of persons found to be carriers of the particular communicable disease, unless sooner discharged by the Director of the Department of Human Services or the Superior Court of the District of Columbia. A person so detained, however, may apply at any time to the person in charge of such place or institution for his discharge, and the person in charge of such place or institution shall deliver the application for discharge to the Director of the Department of Human Services, who shall give to such person an opportunity to be heard before the Director of the Department of Human Services. If after hearing held by the Director of the Department of Human Services, the Director of the Department of Human Services be of the opinion that such person is not affected with such communicable disease and that such person is not a carrier of communicable disease, then such person shall be discharged. If denied his discharge such detained person may apply to the Superior Court of the District of Columbia for such discharge and the hearing on such application shall be in or out of the presence of the detained person, in the discretion of the Court. Only such persons as have a direct interest in the case and their representatives shall be admitted to any hearing held pursuant to this section or § 7-134; provided, that if the detained person shall request a public hearing then the general public shall be admitted thereto."
Legislative History of Laws
For legislative history of D.C. Law 6-83, see Historical and Statutory Notes following § 7-131.
For Law 14-194, see notes following § 7-132.
Miscellaneous Notes
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.
(Aug. 11, 1939, ch. 601, § 6; Aug. 8, 1946, 60 Stat. 921, ch. 871, § 2; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Oct. 17, 2002, D.C. Law 14-194, § 902(e), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105, § 44(a), 51 DCR 881.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-122.
1973 Ed., § 6-119d.
Effect of Amendments
D.C. Law 14-194 substituted "Mayor" for "Director of the Department of Human Services".
D.C. Law 15-105 validated a previously made technical correction.
Legislative History of Laws
For Law 14-194, see notes following § 7-132.
Law 15-105, the "Technical Amendments Act of 2003", was introduced in Council and assigned Bill No. 15-437, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 2003, and December 2, 2003, respectively. Signed by the Mayor on January 6, 2004, it was assigned Act No. 15-291 and transmitted to both Houses of Congress for its review. D.C. Law 15-105 became effective on March 13, 2004.
Miscellaneous Notes
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.
(a) In aid of the powers vested in the Mayor to cause the removal to and detention in a place or institution of a person who is affected or is believed, upon probable cause, to be affected with any communicable disease or is or is believed, upon probable cause, to be a carrier of communicable disease as provided in this subchapter, the Superior Court of the District of Columbia, or any judge thereof, is authorized to issue a warrant for the arrest of such person and his removal to a place or institution as defined in § 7-133, which warrant shall be directed to the Chief of Police. When such person has been removed to such place or institution under authority of a warrant issued pursuant to this section, such person shall not be discharged from such place or institution except in the manner provided in § 7-135.
(b) No such warrant of arrest and removal shall be issued except upon probable cause supported by affidavit or affidavits particularly describing the person to be taken, which said affidavit or affidavits shall set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.
(c) A warrant may in all cases be served by the Chief of Police or by any officer or member of the Metropolitan Police, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.
(d) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
(e) A warrant must be returned to the Court within 10 days after its date; after the expiration of this time the warrant, unless executed, is void.
(f) It shall be the duty of the said Court to maintain and keep records of all warrants issued and the returns thereon.
(Aug. 11, 1939, ch. 601, § 7; Aug. 8, 1946, 60 Stat. 921, ch. 871, § 2; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88- 60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Oct. 17, 2002, D.C. Law 14-194, § 902(f), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105, § 44(b), 51 DCR 881.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-123.
1973 Ed., § 6-119e.
Effect of Amendments
D.C. Law 14-194, in subsec. (a), substituted "Mayor" for "Director of the Department of Human Services".
D.C. Law 15-105, in subsec. (a), validated a previously made technical correction.
Legislative History of Laws
For Law 14-194, see notes following § 7-132.
For Law 15-105, see notes following § 7-136.
Miscellaneous Notes
Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.
The Mayor may, without fee or hindrance, enter, examine, and inspect all vessels, premises, grounds, structures, buildings, and every part thereof in the District of Columbia for the purpose of carrying out the provisions of this subchapter and the rules and regulations issued hereunder. The owner or his agent or representative and the lessee or occupant of any such vessel, premises, grounds, structure, or building, or part thereof, and every person having the care and management thereof shall at all times when required by any such officer or employee give them free access thereto and refusal so to do shall be punishable as a violation of this subchapter.
(Aug. 11, 1939, ch. 601, § 8; Aug. 8, 1946, 60 Stat. 921, ch. 871, § 2; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Feb. 21, 1986, D.C. Law 6-83, § 3(d), 32 DCR 7276; Oct. 17, 2002, D.C. Law 14-194, § 902(g), 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105, § 44(c), 51 DCR 881.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-124.
1973 Ed., § 6-119f.
Effect of Amendments
D.C. Law 14-194 substituted "Mayor" for "Director of the Department of Human Services".
D.C. Law 15-105 validated a previously made technical correction.
Legislative History of Laws
For legislative history of D.C. Law 6-83, see Historical and Statutory Notes following § 7-131.
For Law 14-194, see notes following § 7-132.
For Law 15-105, see notes following § 7-136.
Miscellaneous Notes
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.
It shall be unlawful for any person knowingly to obstruct, resist, oppose, or interfere with any person performing any duty or function under the authority of this subchapter or any rule or regulation promulgated thereunder.
(Aug. 11, 1939, ch. 601, § 9; Aug. 8, 1946, 60 Stat. 922, ch. 871, § 2; Feb. 21, 1986, D.C. Law 6-83, § 3(e), 32 DCR 7276.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-125.
1973 Ed., § 6-119g.
Legislative History of Laws
For legislative history of D.C. Law 6-83, see Historical and Statutory Notes following § 7-131.
Any person who willfully violates § 7-136, 7-138, or 7-139 or who willfully discloses, receives, uses, or permits the use of information in violation of § 7-131(b) shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both. Any person who willfully violates any rule or regulation issued pursuant to this subchapter shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000, imprisonment for not more than 30 days, or both. All prosecutions for violations of § 7- 136, 7-138 or 7-139 or the rules and regulations issued pursuant to this subchapter shall be in the Criminal Division of the Superior Court of the District of Columbia, in the name of the District of Columbia upon information filed by the Corporation Counsel of the District of Columbia or any of his assistants. The Court may impose conditions upon any person found guilty under the aforesaid provisions and so long as such person shall comply therewith to the satisfaction of the Court the imposition or execution of sentence may be suspended for such period as the Court may direct; and the Court may at or before the expiration of such period vacate such sentence or cause it to be executed. Conditions thus imposed by the Court may include submission to medical and mental examination, diagnosis, and treatment by proper public health and welfare authorities or by any licensed physician approved by the Court, and such other terms and conditions as the Court may deem best for the protection of the community and the punishment, control, and rehabilitation of the defendant.
(Aug. 11, 1939, ch. 601, § 10; Aug. 8, 1946, 60 Stat. 922, ch. 871, § 2; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88- 60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Feb. 21, 1986, D.C. Law 6-83, § 3(f), 32 DCR 7276; Oct. 17, 2002, D.C. Law 14-194, § 902(h), 49 DCR 5306.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-126.
1973 Ed., § 6-119h.
Effect of Amendments
D.C. Law 14-194 deleted the last sentence in the section which had read as follows: "The Director of the Department of Human Services of the District of Columbia, the Metropolitan Police force, and employees of the Department of Human Services are authorized and directed to perform such duties as may be directed by the Court in effectuating compliance with the conditions so imposed upon any defendant."
Legislative History of Laws
For legislative history of D.C. Law 6-83, see Historical and Statutory Notes following § 7-131.
For Law 14-194, see notes following § 7-132.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(136) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Board of Public Welfare abolished: The Board of Public Welfare was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Reorganization Order No. 58 as amended, redesignated as Organization Order No. 140 and amended, established under the direction and control of a Commissioner, a Department of Public Welfare, headed by a Director with the purpose of planning, implementing and directing public welfare programs. Reorganization Order No. 58 provided that the previously existing Board of Public Welfare would be abolished. That Order also transferred specified functions of the former board to the Department of Public Health and the Department of Public Welfare. Functions of the Department of Public Welfare and of the Department of Public Health as set forth in Organization Order Nos. 140 and 141, respectively, were transferred to the Director of the Department of Human Resources by Commissioner's Order No. 69-96, dated March 7, 1969, as amended by Commissioner's Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by the Department of Human Services by Reorganization Plan No. 2 of 1979, dated February 21, 1980.
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.
With respect to all persons who, either on behalf of themselves or their minor children or wards, rely in good faith upon spiritual means or prayer in the free exercise of religion to prevent or cure disease, nothing in this subchapter or any rule or regulation issued pursuant to this subchapter shall have the effect of requiring or giving any health officer or other person the right to compel any such person, minor child or ward, to go to or be confined in a hospital or other medical institution unless no other place for quarantine of such person, minor child or ward can be secured, nor to compel any such person, child or ward to submit to any medical treatment.
(Aug. 11, 1939, ch. 601, § 11; Aug. 8, 1946, 60 Stat. 922, ch. 871, § 2; Feb. 21, 1986, D.C. Law 6-83, § 3(g), 32 DCR 7276.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-127.
1973 Ed., § 6-119i.
Legislative History of Laws
For legislative history of D.C. Law 6-83, see Historical and Statutory Notes following § 7-131.
(Aug. 11, 1939, ch. 601, § 12; Aug. 8, 1946, 60 Stat. 922, ch. 871, § 2; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Oct. 17, 2002, D.C. Law 14-194, § 904, 49 DCR 5306.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-128.
1973 Ed., § 6-119j.
Legislative History of Laws
For Law 14-194, see notes following § 7-132.
Miscellaneous Notes
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.
(Feb. 21, 1986, D.C. Law 6-83, § 7(a), 32 DCR 7276.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-129.
Legislative History of Laws
For legislative history of D.C. Law 6-83, see Historical and Statutory Notes following § 7-131.
Each and every provision of this subchapter shall be constructed liberally in aid of the powers vested in the public authorities looking to the protection of the public health, comfort, and welfare and not by way of limitation.
(Aug. 11, 1939, ch. 601, § 14; Aug. 8, 1946, 60 Stat. 922, ch. 871, § 2; Oct. 11, 1963, 77 Stat. 246, Pub. L. 88-137, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-130.
1973 Ed., § 6-119k.
