NJ Department of Health can Quarantine diseased persons
Remember back in 2014, during the Ebola outbreak,Governor Christie announced that he had signed Executive Order 164, which created a statewide Ebola Preparedness Plan ("EPP").
When a medical worker returned from Africa, the Commissioner of the New Jersey Department of Health ("DOH"Ordered Hickox's quarantine. After release Hickox tried to sue the state, but the federal court found no violation of civil rights.
NJSA 26 :4-2 Powers of State department and local board.
In order to prevent the spread of disease affecting humans, the Department of Health, and the local boards of health within their respective jurisdictions and subject to the State sanitary code, shall have power to:
a. Declare what diseases are communicable.
b. Declare when any communicable disease has become epidemic.
c. Require the reporting of communicable diseases.
d. Maintain and enforce proper and sufficient quarantine, wherever deemed necessary.
e. Remove any person infected with a communicable disease to a suitable place, if in its judgment removal is necessary and can be accomplished without any undue risk to the person infected.
f. Disinfect any premises when deemed necessary.
g. Remove to a proper place to be designated by it all articles within its jurisdiction, which, in its opinion, shall be infected with any matter likely to communicate disease and to destroy such articles, when in its opinion the safety of the public health requires it.
In the event the Governor declares a public health emergency, the department shall oversee the uniform exercise of these powers in the State and the local board of health shall be subject to the department's exercise of authority under this section.
In order to prevent the spread of disease affecting humans, the Department of Health, and the local boards of health within their respective jurisdictions and subject to the State sanitary code, shall have power to:
a. Declare what diseases are communicable.
b. Declare when any communicable disease has become epidemic.
c. Require the reporting of communicable diseases.
d. Maintain and enforce proper and sufficient quarantine, wherever deemed necessary.
e. Remove any person infected with a communicable disease to a suitable place, if in its judgment removal is necessary and can be accomplished without any undue risk to the person infected.
f. Disinfect any premises when deemed necessary.
g. Remove to a proper place to be designated by it all articles within its jurisdiction, which, in its opinion, shall be infected with any matter likely to communicate disease and to destroy such articles, when in its opinion the safety of the public health requires it.
In the event the Governor declares a public health emergency, the department shall oversee the uniform exercise of these powers in the State and the local board of health shall be subject to the department's exercise of authority under this section.
What gives the Governor the power under Executive Order to do anything without Senate approval.
I was wondering what gives the Governor the authority to do anything without Senate approval.
I researched what gives the Governor the power to close bars, VFW, Elks club, cancel weddings, running events, etc and impose restrictions in Executive Order 103. Well, he does have the power in an emergency.
Here are some of the statutes that were invoked:
The Disaster Control Act
App.A:9-33 .
Purpose of civilian defense act and disaster control act
This was enacted during WWII after the Japan sneak attack on Pearl Harbor
The purpose of this act is to provide for the health, safety and welfare of the people of the State of New Jersey and to aid in the prevention of damage to and the destruction of property during any emergency as herein defined by prescribing a course of conduct for the civilian population of this State during such emergency
Disaster Control Act
Also NJSA 26 :13-1 The "Emergency Health Powers Act." This was enacted after 911 sneak attack and concerns of bio terrorism and also at the time SARS
