I



Barron County Court System:

Strategies for a Pandemic Influenza

Version 092107

Table of Contents

Purpose 3

I. Goals 3

II. Introduction 3

III. Plan Activation 3

IV. Scope 3

V. General Planning Assumptions 3

VI. Court Planning Assumptions 4

VII. Affected Populations Estimate 4

VIII. Disease Containment Measures 4

IX. Infection Control 5

X. Staff Education and Protection 5

XI. Major Responsibilities of External Agencies 5

XII. Concepts of Operations 6

XIII. Court System Level of Response 9

Appendix A: Line of Succession

Appendix B: Contact Information

Appendix C: Isolation and Quarantine

Appendix D: Legal Resources

Appendix E: Staff Educational Resources

Appendix F: References

I. Purpose. A pandemic influenza is distinct from other emergency scenarios such as tornados or floods because of the severity and longevity of a pandemic influenza. The purpose of this plan is to provide the Barron County Judicial System with local guidelines, procedures, and directions to follow during all phases of an Influenza Pandemic.

II. Goals

A. The Barron County Court System must deal with crises in a way that protects the health and safety of everyone at the court facilities; and

B. The Barron County Court System must to the fullest extent possible “keep the courts open” to ensure justice for the people.

III. Introduction

An influenza pandemic is a global outbreak of disease that occurs when a new influenza A virus emerges in the human population, causes serious illness, and then spreads easily from person to person worldwide. Pandemics are different from seasonal outbreaks or “epidemics” of influenza. Seasonal outbreaks are caused by subtypes of influenza viruses that already circulate among people, whereas pandemic outbreaks are caused by new subtypes, by subtypes that have never circulated among people, or by subtypes that have not circulated among people for a long time. Past influenza pandemics have led to high levels of illness, death, social disruption, and economic loss.

IV. Plan Activation. The Circuit Judges in coordination with the local Public Health Officer shall activate this plan based on the severity and geographical location of the pandemic, specifically the Local Health Officer will notify the Circuit Court Judges of the appropriate level of response as outlined in Section XIV.

V. Scope. The Barron County Court System Pandemic Influenza Response Plan is specific to the response of the Barron County Court System. Other organizational responses have been listed throughout this plan in order for the Court System to produce an effective response. This plan mirrors the Barron County Health Department Pandemic Influenza Response Plan to ensure consistency in the county response. This will allow the Court System to determine the most effective response based on where the pandemic is occurring and how severe it is. The Barron County Court System will receive regular updates from the Local Public Health Officer as to the level of response and pandemic severity during a pandemic.

A. Levels of Response.

1. Alert

a. Response: Notification of critical systems and personnel of their impending activation.

2. Standby

a. Response: initiate decision-making processes for imminent activation, including mobilization of resources and personnel.

3. Activate

a. Response: Implementation of plan.

B. Pandemic Severity.

1. Mild. Similar to a severe annual flu season. Mortality rates of the pandemic, at any given location at any given time worldwide do not exceed .1%.

2. Moderate. Similar to a 1968 like pandemic. Mortality rates of the pandemic, at any given location at any given time worldwide ranges from .1% to 1.0%.

3. Severe. Similar to a 1918 like pandemic. Mortality rates of the pandemic, at any given location at any given time worldwide is greater than 1.0% of the county’s total population.

VI. General Planning Assumptions.

A. Under Sec. 166.03(1)(b)1. of the Wisconsin Statutes, the Division of Public Health (DPH) will be named the lead agency in response to a pandemic influenza.

B. The total duration of a pandemic could last from one to three years.

C. The event is likely to come in a series of one to three “waves” over the one to three year duration of the event. Each wave will represent an increase in the number of infected individuals and is estimated to last from four to eight weeks.

D. Total deaths in Barron County could be as high as 392 in a single eight week pandemic wave. Half of all deaths are likely to occur in the first wave.

E. As high as 35 percent of the population could become ill.

F. Approximately 10 percent of those who become ill will need hospitalization.

G. In addition to the 35 percent who become ill, an additional 30 to 50 percent will be infected but will be asymptomatic.

H. The incubation period is estimated to be between 1 and 8 days with viral shedding occurring 1-2 days before signs and symptoms appear and up to 5 days after.

I. Antivirals will be available on a very limited basis. The DPH will determine whom and to what extent antivirals are provided.

J. While vaccination is the primary method of preventing influenza, six to eight months may be needed to develop a vaccine once the virus has been identified. An increase in cases with individuals seeking relief and other matters may occur;

K. Court operations may be detrimentally impacted by the pandemic for up to 18 months;

L. Response and recovery will be bottom-up with local court officials being primarily responsible for the response and recovery efforts in their area with only limited support from federal and state government officials

VII. Court Planning Assumptions.

A. A significant increase in emergency matters and case filings generated due to issues associated with the quarantine and isolation of individuals by state and local public health officials may occur;

B. Of the judges, attorneys, parties, clerks of courts of courts and deputy clerks of courts of courts, sheriffs and deputy sheriffs, state and local public health officials, jurors, etc., necessary to perform the mission essential functions, one third will not be available due to illness or death;

C. Face-to-face contact between judges, attorneys, parties, clerks of courts of courts and deputy clerks of courts, sheriffs and deputy sheriffs, state and local public health officials, jurors, etc., necessary to perform mission essential functions may be dramatically limited or unavailable;

D. Court facilities, court infrastructure, public utilities, residences, etc., will all, more than likely, be physically undamaged; and while physically undamaged, facilities, infrastructure, utilities, and services may be impacted by a lack of adequate staffing due to isolation, quarantine, illness, or death of necessary staff to keep operations running.

VIII. Affected Populations Estimates. Based on the Center for Disease Control and Prevention (CDC) FluAid Software, Barron County can expect:

|Jurisdiction |Health Outcome |Moderate scenario |Severe scenario |

| | |(1968 - type) |(1918 - type) |

|Barron County |Deaths |34 (20,47) |280 (167, 392) |

| |Hospitalizations |140 (83, 95) |1150 (689, 1608) |

| |Outpatients |6007 (3604, 8411) |5298 (3180, 7418) |

| |Ill, no medical care |5,060 (3037, 7184) |4513 (2709, 6319) |

IX. Disease Containment Measures. The primary means available to the public health department to slow the incidence of disease during an influenza pandemic include nonpharmaceutical countermeasures. It is critical the Circuit Court system is aware of intended public health measures during a pandemic influenza. Many of the these containment measures will have legal implications involving the court system:

A. Isolation of those infected;

B. Quarantine of those exposed to influenza;

C. Restrictions in travel for persons ill or exposed to influenza;

D. School and work closures;

E. Cancellation of public gatherings

X. Infection Control.

A. Respiratory Protection. Respiratory protection, such as N95 respirator and surgical mask use, will provide the Court System employees with respiratory protection during a pandemic. The Court System should coordinate with the local public health department to determine respiratory protection recommendations based on the epidemiology of the influenza virus.

1. Close Contact: Recommendation: N95 or equivalent. Close contact can be defined as being within 3 feet of an individual for extended periods of time. N95 respirators should be worn by judges, attorneys, parties, clerks of courts and deputy clerks of courts, sheriffs and deputy sheriffs, and jurors with close contact (3 feet or less) of individuals that are symptomatic.

a. Under OSHA Standard 1910.134, employees that are required to wear a N95 respirator must go through a medical evaluation, be fit-tested, and receive training on proper donning and doffing and limitations of use of N95 respirators.

b. The courts should confer with the local health department on N95 respirator use first.

2. Normal Contact: Recommendation: Surgical Mask. Normal contact is defined as being more than 3 feet from individuals at all times in daily activity. Surgical masks may be worn by judges, attorneys, parties, clerks of courts and deputy clerks of courts, sheriffs and deputy sheriffs, and jurors that are not in close contact with individuals that are symptomatic.

3. Any individual presenting at work or the courts with cough or fever, may be asked to wear a surgical mask and be sent home or to a medical facility for further medical evaluation.

B. Surface Cleaning. Transmission of influenza from contaminated hard surfaces is unlikely but cannot be ruled out. Hand hygiene is the most important method to prevent the transmission of the influenza virus.

a. During a local outbreak, surfaces that are frequently touched with hands such as sinks, doorknobs, railings and counters may be added to cleaning schedule in place of floor care. Use of disinfectants in non-healthcare workplaces is not considered to be necessary.

b. Circuit Court Staff may want to consider regular cleaning of their phones and keyboards particularly if they are shared with others or used by the public.

c. There is no evidence to support the efficacy of widespread disinfection of the environment or air. Widespread application or spraying of disinfectants is an unsafe practice and must be avoided.

d. The Influenza virus is very sensitive to detergents. Cleaning thoroughly with detergent cleaners and water is adequate for most non-healthcare locations

XI. Staff Education and Protection.

A. The Circuit Court System will provide employees with information about the importance of hand hygiene, cough etiquette, staying home when ill, and getting the annual influenza vaccine (information can be found at )

B. The Circuit Court System will provide access to soap and water and alcohol-based hand gel for employees during a pandemic. 

C. The Circuit Court System will provide/arrange for training on personal protective equipment.

D. The Circuit Court System will provide staff with appropriate personal protective equipment during a pandemic.

E. The Circuit Court System in coordination with the local public health department will provide pre-incident trainings on how to reduce the risk of exposure, including individual and family preparedness.

XII. Major Responsibilities of External Agencies Affecting the Circuit Court Response.

A. Public Health

i. Provide the court system regular updates on the pandemic influenza situation

ii. Provide the court system with infection control measures to minimize the spread of influenza among staff and the general public.

iii. Consult regularly with the court system on legal issues pertaining to a pandemic, specifically isolation and quarantine matters

iv. Provide the court system staff with vaccine when it becomes available and based on guidance from the Division of Public Health on vaccine prioritization.

B. Sheriff’s Department

i. Provide enforcement, as resources allow, to individuals who are non-compliant with isolation and quarantine orders.

ii. Upon the request of the Circuit Court Judges, follow up with jurors that fail to appear to court.

C. District Attorney

i. Provide staff to handle prosecution of mandatory criminal cases including: preparing complaints for defendants held in custody for bail hearings, search warrants, juvenile detention hearings, and criminal jury trials within 60 days of request for defendants in custody.

D. Corporation Counsel

i. Provide staff to handle prosecution of mandatory court hearings on behalf of Barron County including but not limited to the following: civil commitment hearings including guardianship and protective placement; mental commitment, and alcohol commitments. Child support bail hearings, appearing to testify on criminal non-support cases, and any isolation and quarantine hearings.

E. County Administrator / Human Resources issues on Personnel

i. Determine policies specific to a pandemic relating to leave of absence, sick leave, work from home, pay and benefits issues, discipline and termination, closure of facilities. Administration and Human Resources shall coordinate with the local Health Officer to determine appropriate action based on the virulence of the influenza virus.

XIII. Concepts of Operation.

A. Command and Management. The Barron County Health Department in collaboration with the Wisconsin Division of Public Health will be named the lead agency at the local and state level in responding to a pandemic influenza. The Barron County Circuit Court Judges, in coordination with public health, will lead the circuit court response.

B. Communication. During a pandemic influenza the Barron County Circuit Courts will coordinate with the Barron County Public Information Officer (PIO) for release of information to the general public. A single coordinated release of information will be critical during a pandemic. The Circuit Court will coordinate with the PIO to disseminate information to the general public using the following mechanisms:

i. Modify the Circuit Court telephone number to include voice mail messages on the status of Circuit Court response.

ii. Post signs at entrances to inform the public of any actions regarding court procedures.

iii. Update the Barron County Website.

iv. Update the Consolidated Court Automation Program (CCAP). Add written notice to the CCAP generated notices.

v. Traditional contact mechanisms (email, phone, fax).

vi. Update the Jurors Call in Number to notify jurors with pertinent court information.

C. Continuity of Operations. The local public health department will communicate regularly with the Court System as to the status and severity of the pandemic.

1. Line of Succession. The Circuit Court System recognizes that employees and family members will become ill during a pandemic and will become absent from work. A line of succession is critical to support the court’s goals during a pandemic. The Circuit Court System line of succession can be found in Appendix A.

1. In addition to the Circuit Court System internal line of succession as established in Appendix A, the State of Wisconsin, Tenth Judicial Administrative District’s Order for Assignment of Circuit Court Judges allows that the circuit court judges in the 10th Judicial District be assigned to all the circuit courts in the 10th Judicial District (Appendix A).

2. Under General Court Provisions State Statute 757.69 Powers and duties of the circuit court commissions, a circuit court commissioner may perform court functions that support the Circuit Court Systems ability to support the circuit court goals during a pandemic.

2. Mandatory Court Functions. The following is a list of mandatory court functions that apply to Circuit Judges, Corporation Counsel, Child Support, and District Attorney Personnel. These court functions must continue even in the event of a severe pandemic.

1. Bail hearings for criminal cases within 48 hours of arrest

2. Search warrants

3. Juvenile detention hearing within 24-48 hours after detention

4. Mental and alcohol commitment hearings 72 hours after detention. Final hearing within 14 days.

5. Guardianship and protective placement

6. Criminal jury trials within 60 days of request and defendant in custody.

7. Quarantine and Isolation cases

8. Restraining order cases within 14 days, excluding weekends.

3. Non-Critical Court Functions.

a. All other court matters not listed in the mandatory court functions will be considered non-critical. Based on the severity of a pandemic and available court resources, all other matters will be addressed with alternate methods at the discretion of the Circuit Court Judges.

4. Alternate Methods of Operations for Mandatory Court Functions:

a. Using Information Technology to minimize contact. This includes use of videoconferencing capabilities and teleconferencing when appropriate.

b. Require social distancing among staff and within court operations. Social distancing requires a 3 foot buffer from other individuals as a means to minimize transmission.

c. Reduce face-to-face staff and court operations with the general public. This can be accomplished by setting up partitions that reduce staff coming in contact with virus particles via sneezing or coughing.

d. Eliminate non-critical court functions until such time that the pandemic wave has subsided.

5. Staffing Issues

a. The Circuit Court System supports a sick leave policy that does not penalize sick employees, thereby encouraging employees who have influenza-related symptoms (e.g., fever, headache, cough, sore throat, runny or stuffy nose, muscle aches, or upset stomach) to stay home so that they do not infect other employees.

b. The Circuit Court System also recognizes that employees may need to stay home with ill family members to provide care. To the greatest extent possible the Circuit Court System will allow employees to stay home to take care of ill family members. However, employees may be asked to report to work during a pandemic in order to support the mission and goals of the court system during a pandemic.

c. If needed, the Court System will work with the County Administrator and the Human Resources Director to shift county employees from their regular daily activities to support the Circuit Court System staffing needs.

d. Staffing Policy during a Pandemic:

1. Scenario 1: Staff refuse to come to work for fear of being exposed to influenza. The Human Resources Director will develop policy that outlines staff who refuse to come to work, and are healthy, in a pandemic.

2. Scenario 2: Staff at home taking care of ill family member(s). The Circuit Court System, to the extent possible, will allow staff with members of households who are ill to voluntarily remain at home to provide care to ill family members. During this time, the Circuit Courts will identify mechanisms to allow the individual to work from home.

3. Scenario 3: Staff Ill. Asking ill people to voluntarily remain at home and not go to work or out in the community for about 7–10 days or until they are well and can no longer spread the infection to others

6. Work from Home. When feasible, the web-based, access to internal drives, and paperwork will be employed by the Circuit Court System in order to allow non-critical employees to work from home during a severe pandemic. Allowing non-critical staff to work from home during moderate and severe pandemics accomplishes three things. First, staff can continue to work and as such receive pay. A significant concern that Human Resources will need to address is whether to pay or not pay staff who are either asked to stay home because of the severity of the pandemic or can’t come to work because of an illness and do not have any sick time built up. Secondly, it allows for staff to take care of ill family members if needed and continue to work. Staff will likely stay home and take care of ill family members over coming to work if given an ultimatum. Finally, it minimizes public gatherings, hence, staff have less opportunities to become infected themselves.

7. Jury management for mandatory court functions requiring jurors. The Circuit Court System recognizes that finding and getting jurors to report for jury duty will be difficult.

a. If at all possible, the Circuit Court System will attempt to use jurors who are healthy, and do not have family that are ill.

b. The Circuit Court System will provide all jury members with appropriate personal protective equipment and hand sanitizer.

c. The Circuit Court System will minimize contact of jury members to the greatest extent possible by providing an environment whereas jurors will not be within three feet of each other.

d. The Circuit Court System will coordinate with the local public health department to provide medical evaluation for any juror who demonstrates signs and symptoms of influenza. If a juror meets the case definition of influenza, the juror will be excused from juror duty.

e. If a juror fails to appear for jury duty, the Sheriff’s Department will be notified for follow-up.

XIV. Court System Level of Response

|Level of Response |Tasks |

|Consult with Public Health to determine the appropriate| |

|level of response. | |

|Alert |Continue with Normal Court Operations. |

|Alert is the notification of critical systems and |Receive updates regularly from the LHD. |

|personnel of their pending activation. |Educate staff and jurors about the importance of cough etiquette, washing hands, and staying home when ill. |

| |Review and update Pandemic Influenza Response Plan. |

| |Ensure stockpile of personal protective equipment for court staff. |

| |Ensure stockpile of hand cleaning gels and tissue papers. |

| |Train and fit-test staff on proper respirator use. |

| |Meet with 10th District Judges to review policies and procedures for assignments. |

| |Review legal issues relating to isolation and quarantine. |

|Standby |Educate staff and jurors about the importance of cough etiquette, washing hands, and staying home when ill. |

|Standby is the initiation of decision-making processes |Coordinate with the Local Health Department to have court staff and family members receive the annual flu vaccine. |

|for imminent activation, including mobilization of |Coordinate with local health officer on isolation and quarantine issues. |

|resources and personnel. |Review due process for closure of schools, businesses, suspension of public gatherings |

| |Coordinate with the Local Health Department to have court staff and family members receive flu vaccine and antivirals as they become |

| |available |

| |Implement social distancing measures |

|Activate |Monitor staff for signs and symptoms of influenza. |

|Activate is the implementation of pandemic measures. |Monitor court staff absenteeism rates. |

| |Use of respirators will be recommended by the local health officer. |

| |Activate alternate methods of operations mechanisms. |

| |Provide regular updates to the HR and County Administrator on personnel issues. |

| |Prepare to suspend non-critical court functions. |

| |Update PIO with pertinent information re: change in operations or status of the Circuit Court System. |

| |Activate alternate methods of operations. |

| |Provide regular updates to the HR and County Administrator on personnel issues. |

| |Suspend non-critical court functions. |

Plan Approval. This plan will be reviewed and updated annually by representatives from the following agencies:

______________________________________ ___________________________________

Name, Title Circuit Court

______________________________________ ___________________________________

Name, Title Public Health

______________________________________ ___________________________________

Name, Title Emergency Management

______________________________________ ___________________________________

Name, Title Corporation Counsel

______________________________________ ___________________________________

Name, Title Administration

______________________________________ ___________________________________

Name, Title Human Resources

Date Approved: ______/ ______/ 2006

Date Reviewed: ______/ ______/ 2007

Date Reviewed: ______/ ______/ 2008

Date Reviewed: ______/ ______/ 2009

Date Reviewed: ______/ ______/ 2010

Date Reviewed: ______/ ______/ 2011

Appendix A: Line of Succession

|Name |Title |Contact Information |

|1. James C. Babler |Branch I Judge | |

|2. Timothy M. Doyle |Branch II Judge | |

|3. Mark O Dobberfuhl |Family Court Commissioner | |

|4. Gerald Liden |Court Commissioner | |

|5. Alan Sykes |Court Commissioner | |

|6. Susan Zabel |Court Commissioner | |

ORDER FOR ASSIGNMENT OF CIRCUIT COURT JUDGES

STATE OF WISCONSIN TENTH JUDICIAL ADMINISTRATIVE DISTRICT

______________________________________________________________________________

ORDER FOR ASSIGNMENT OF CIRCUIT COURT JUDGES

_____________________________________________________________________________

IT IS ORDERED that the circuit court judges in the 10th Judicial District be assigned to all the circuit courts in the 10th Judicial District.

This order obviates the need for general assignment orders for each judge. Judges shall cover other circuit courts for purposes of relieving congestion, expediting litigation, and otherwise assisting another circuit.

These assignments are in effect until further order of the court.

Dated: January 2, 2006 _____________________________________

Benjamin D. Proctor

Chief Judge

Appendix B: Contact Information

State and District Contacts

|Name |Title |Agency |Contact Information |

|Benjamin Proctor |Chief Judge |10th District | |

|Gregg Moore |Court Administrator |10th District | |

|John Voelker |Director |State Court | |

Local Contacts

|Name |Title |Agency |Contact Information |

|Kaye Thompson |Health Officer |Barron County Health Department |Work: |

| | | |Home: |

|Randy Books |Emergency Management Director |Barron County Emergency Management |Work: |

| | | |Home: |

|Angela Holmstrom |District Attorney |Barron County |Work: |

| | | |Home: |

|John Muench |Corporation Council |Barron County |Work: |

| | | |Home: |

|Tom Richie |Sheriff |Barron County Sheriff’s Department |Work: |

| | | |Home: |

|Judith Espeseth |Clerks of court of Courts |Barron County |Work: |

| | | |Home: |

|Duane Hebert |County Administrator |Barron County |Work: |

| | | |Home: |

|Rachael Scribner |Human Resources |Barron County |Work: |

| | | |Home: |

Appendix C: Isolation and Quarantine

Under Statute 252 and Chapter HFS 145, the public health authority may isolate or quarantine an individual or groups of individuals. This includes individuals or groups who have not been vaccinated, treated, tested, or examined. The public health authority may also establish and maintain places of isolation and quarantine, and set rules and make orders. The County Health Department can demand that a person suspected of harboring a contagious medical condition be placed in quarantine or isolation when they evidence any of the conduct set forth in Wisconsin Administrative Code Section HFS 145.06(2) and in addition, demonstrates any of the factors set forth in Wisconsin Administrative Code Section HFS 145.06(3). If a person diagnosed with a communicable disease, which poses a threat to others or if a person suspected of harboring a contagious condition, which poses a threat to others, refuses to comply with an isolation or quarantine directive of the County Health Department, the County Health Department can petition the Court to order the person to comply. A written directive shall be given to the individual. Failure to obey these rules, orders or provisions shall constitute a misdemeanor.

Barron County Isolation and Quarantine Policy

Barron County Isolation and Quarantine Policy is contained in a separate document that is signed by Barron County Corporate Counsel, 330 East La Salle Ave., Barron, WI; and the Barron County Health Officer, 410 East La Salle Avenue, Barron, WI. Policies are kept at both locations.

The Isolation and Quarantine Police for Barron County outlines the policies and procedures to be taken in the event emergency containment must be ordered.

Appendix D: Legal Resources

Chapter HFS 145: CONTROL OF COMMUNICABLE DISEASES

HFS 145.05 Investigation and control of communicable

diseases. (1) The local health officer shall use all reasonable means to confirm in a timely manner any case or suspected case of a communicable disease and shall ascertain so far as possible all sources of infection and exposures to the infection. Follow−up and investigative information shall be completed by the local health officer and reported to the state epidemiologist on

forms provided by the department.

HFS 145.06 General statement of powers for control of communicable disease. (1) APPLICABILITY. The general powers under this section apply to all communicable diseases listed in Appendix A of this chapter and any other infectious disease which the chief medical officer deems poses a threat to the citizens of the state.

(2) PERSONS WHOSE SUBSTANTIATED CONDITION POSES A THREAT TO OTHERS. A person may be considered to have a contagious medical condition which poses a threat to others if that person has been medically diagnosed as having any communicable disease and exhibits any of the following:

(a) A behavior which has been demonstrated epidemiologically to transmit the disease to others or which evidences a careless

disregard for the transmission of the disease to others.

(b) Past behavior that evidences a substantial likelihood that the person will transmit the disease to others or statements of the

person that are credible indicators of the person’s intent to transmit the disease to others.

(c) Refusal to complete a medically directed regimen of examination and treatment necessary to render the disease noncontagious.

(d) A demonstrated inability to complete a medically directed regimen of examination and treatment necessary to render the disease noncontagious, as evidenced by any of the following:

1. A diminished capacity by reason of use of mood−altering chemicals, including alcohol.

2. A diagnosis as having significantly below average intellectual functioning.

3. An organic disorder of the brain or a psychiatric disorder of thought, mood, perception, orientation or memory.

4. Being a minor, or having a guardian appointed under ch. 54, Stats., following documentation by a court that the person is

incompetent.

(e) Misrepresentation by the person of substantial facts regarding the person’s medical history or behavior, which can be demonstrated epidemiologically to increase the threat of transmission of disease.

(f) Any other willful act or pattern of acts or omission or course of conduct by the person which can be demonstrated epidemiologically to increase the threat of transmission of disease to others.

(3) PERSONS WHOSE SUSPECTED CONDITION POSES A THREAT TO OTHERS. A person may be suspected of harboring a contagious medical condition which poses a threat to others if that person exhibits any of the factors noted in sub. (2) and, in addition, demonstrates any of the following without medical evidence which refutes it:

(a) Has been linked epidemiologically to exposure to a known case of communicable disease.

(b) Has clinical laboratory findings indicative of a communicable disease.

(c) Exhibits symptoms that are medically consistent with the presence of a communicable disease.

(4) AUTHORITY TO CONTROL COMMUNICABLE DISEASES. When it comes to the attention of an official empowered under s. 250.02

(1), 250.04 (1) or 252.02 (4) and (6), Stats., or under s. 252.03 (1) and (2), Stats., that a person is known to have or is suspected of

having a contagious medical condition which poses a threat to others, the official may direct that person to comply with any of the following, singly or in combination, as appropriate:

(a) Participate in a designated program of education or counseling.

(b) Participate in a defined program of treatment for the known or suspected condition.

(c) Undergo examination and tests necessary to identify a disease, monitor its status or evaluate the effects of treatment on it.

(d) Notify or appear before designated health officials for verification of status, testing or direct observation of treatment.

(e) Cease and desist in conduct or employment which constitutes a threat to others.

(f) Reside part−time or full−time in an isolated or segregated setting which decreases the danger of transmission of the communicable disease.

(g) Be placed in an appropriate institutional treatment facility

(5) FAILURE TO COMPLY WITH DIRECTIVE. When a person fails to comply with a directive under sub. (4), the official who issued

the directive may petition a court of record to order the person to comply. In petitioning a court under this subsection, the petitioner shall ensure all of the following:

(a) That the petition is supported by clear and convincing evidence of the allegation.

(b) That the respondent has been given the directive in writing, including the evidence that supports the allegation, and has been afforded the opportunity to seek counsel.

(c) That the remedy proposed is the least restrictive on the respondent which would serve to correct the situation and to protect the public’s health.

252.06 Isolation and Quarantine

252.06(1) The department or the local health officer acting on behalf of the department may require isolation of a patient or of an individual under s. 252.041 (1) (b), quarantine of contacts, concurrent and terminal disinfection, or modified forms of these procedures as may be necessary and as are determined by the department by rule.

252.06(3) If a local health officer suspects or is informed of the existence of any communicable disease, the officer shall at once investigate and make or cause such examinations to be made as are necessary. The diagnostic report of a physician, the notification or confirmatory report of a parent or caretaker of the patient, or a reasonable belief in the existence of a communicable disease shall require the local health officer immediately to quarantine, isolate, require restrictions or take other communicable disease control measures in the manner, upon the persons and for the time specified in rules promulgated by the department. If the local health officer is not a physician, he or she shall consult a physician as speedily as possible where there is reasonable doubt or disagreement in diagnosis and where advice is needed. The local health officer shall investigate evasion of the laws and rules concerning communicable disease and shall act to protect the public.

252.06(4)(a) If deemed necessary by the department or a local health officer for a particular communicable disease, all persons except the local health officer, his or her representative, attending physicians and nurses, members of the clergy, the members of the immediate family and any other person having a special written permit from the local health officer are forbidden to be in direct contact with the patient.

252.06(4)(b) If s. 250.042 (1) applies, all of the following apply:

252.06(4)(b) 1 No person, other than a person authorized by the public health authority or agent of the public health authority, may enter isolation or quarantine premises.

252.06(4)(b)2 A violation of subd. 1. is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

252.06(4)(b) 3 Any person, whether authorized under subd. 1. or not, who enters an isolation or quarantine premises may be subject to isolation or quarantine under this section.

252.06(5) The local health officer shall employ as many persons as are necessary to execute his or her orders and properly guard any place if quarantine or other restrictions on communicable disease are violated or intent to violate is manifested. These persons shall be sworn in as quarantine guards, shall have police powers, and may use all necessary means to enforce the state laws for the prevention and control of communicable diseases, or the orders and rules of the department or any local health officer.

252.06(6)(a) When the local health officer deems it necessary that a person be quarantined or otherwise restricted in a separate place, the officer shall remove the person, if it can be done without danger to the person's health, to this place.

252.06(6)(b) When a person confined in a jail, state prison, mental health institute or other public place of detention has a disease which the local health officer or the director of health at the institution deems dangerous to the health of other residents or the neighborhood, the local health officer or the director of health at the institution shall order in writing the removal of the person to a hospital or other place of safety, there to be provided for and securely kept. Upon recovery the person shall be returned; and if the person was committed by a court or under process the removal order or a copy shall be returned by the local health officer to the committing court officer.

252.06(10)(a) Expenses for necessary medical care, food and other articles needed for the care of the infected person shall be charged against the person or whoever is liable for the person's support.

252.06(10)(b) The county or municipality in which a person with a communicable disease resides is liable for the following costs accruing under this section, unless the costs are payable through 3rd-party liability or through any benefit system:

252.06(10)(b) 1 The expense of employing guards under sub. (5).

252.06(10)(b) 2 The expense of maintaining quarantine and enforcing isolation of the quarantined area.

252.06(10)(b) 3 The expense of conducting examinations and tests for disease carriers made under the direction of the local health officer.

252.06(10)(b) 4 The expense of care provided under par. (a) to any dependent person, as defined in s. 49.01

Related Statutes

250.042 Powers and duties of the department as public health authority

250.042(1) If the governor declares a state of emergency related to public health under s. 166.03 (1) (b) 1. and designates the department as the lead state agency to respond to that emergency, the department shall act as the public health authority during the period of the state of emergency. During the period of the state of emergency, the secretary may designate a LPHD as an agent of the department and confer upon the LPHD, acting under that agency, the powers and duties of the public health authority.

252.03 Duties of Local Health Officers

252.03(2) Local health officers may do what is reasonable and necessary for the prevention and suppression of disease; may forbid public gatherings when deemed necessary to control outbreaks or epidemics and shall advise the department of measures taken. 252.03(3) If the local authorities fail to enforce the communicable disease statutes and rules, the department shall take charge and the county or municipality shall pay expenses thus incurred.

20.435 Health and family services, department of.

There is appropriated to the department of health and family services for the following programs:

(1) PUBLIC HEALTH SERVICES PLANNING, REGULATION ANDDELIVERY; STATE OPERATIONS.

(c) Public health emergency quarantine costs. A sum sufficient to reimburse local health departments under s. 252.06 (10) (c) 1.

General Court Provisions

757.69 Powers and duties of circuit court commissioners.  

Appendix E: Staff Educational Resources

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Steps Every Employer Can Take to Reduce the Risk of Exposure to Pandemic Influenza in Their Workplace

The best strategy to reduce the risk of becoming infected with influenza during a pandemic is to avoid crowded settings and other situations that increase the risk of exposure to someone who may be infected. If it is absolutely necessary to be in a crowded setting, the time spent in a crowd should be as short as possible. Some basic hygiene (see flu/protct/stopgerms.htm) and social distancing precautions that can be implemented in every workplace include the following:

▪ Encourage sick employees to stay at home.

▪ Encourage your employees to wash their hands frequently with soap and water or with hand sanitizer if there is no soap or water available. Also, encourage your employees to avoid touching their noses, mouths, and eyes.

▪ Encourage your employees to cover their coughs and sneezes with a tissue, or to cough and sneeze into their upper sleeves if tissues are not available. All employees should wash their hands or use a hand sanitizer after they cough, sneeze or blow their noses.

▪ Employees should avoid close contact with their coworkers and customers (maintain a separation of at least 6 feet). They should avoid shaking hands and always wash their hands after contact with others. Even if employees wear gloves, they should wash their hands upon removal of the gloves in case their hand(s) became contaminated during the removal process.

▪ Provide customers and the public with tissues and trash receptacles, and with a place to wash or disinfect their hands.

▪ Keep work surfaces, telephones, computer equipment and other frequently touched surfaces and office equipment clean. Be sure that any cleaner used is safe and will not harm your employees or your office equipment. Use only disinfectants registered by the U.S. Environmental Protection Agency (EPA), and follow all directions and safety precautions indicated on the label.

▪ Discourage your employees from using other employees' phones, desks, offices or other work tools and equipment.

▪ Minimize situations where groups of people are crowded together, such as in a meeting. Use e-mail, phones and text messages to communicate with each other. When meetings are necessary, avoid close contact by keeping a separation of at least 6 feet, where possible, and assure that there is proper ventilation in the meeting room.

▪ Reducing or eliminating unnecessary social interactions can be very effective in controlling the spread of infectious diseases. Reconsider all situations that permit or require employees, customers, and visitors (including family members) to enter the workplace. Workplaces which permit family visitors on site should consider restricting/eliminating that option during an influenza pandemic. Work sites with on-site day care should consider in advance whether these facilities will remain open or will be closed, and the impact of such decisions on employees and the business.

▪ Promote healthy lifestyles, including good nutrition, exercise, and smoking cessation. A person's overall health impacts their body's immune system and can affect their ability to fight off, or recover from, an infectious disease.

Appendix F: References

Florida State Courts Strategy for Pandemic Influenza: Keeping the Courts Open in a Pandemic.

Unified Supreme Court/Branch. Court Emergency Management Group. March 2006. Retrieved on March 26, 2007 at gen_public/emergency/bin/panflu_strategy.pdf

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Operations Section

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