Chapter 14.12
PUBLIC HEALTH EMERGENCY ORDINANCE

Sections:

Subchapter 1. Purpose and Scope

14.12.010    Title.

14.12.020    Authority.

14.12.030    Legislative findings.

14.12.040    Purpose.

14.12.050    Jurisdiction.

Subchapter 2. Definitions

14.12.055    Definitions.

Subchapter 3. Public Health Emergency

14.12.060    Declaration.

14.12.070    Puyallup Tribe Public Health Officer (PHO).

14.12.080    Powers and duties of Puyallup Tribe Public Health Officer (PHO).

14.12.085    Access to health information.

14.12.090    Confidential information.

Subchapter 4. Isolation and Quarantine

14.12.100    Authority for isolation and quarantine.

14.12.110    Conditions and principles.

14.12.120    Procedures for emergency detention order for isolation and quarantine.

Subchapter 5. Enforcement

14.12.130    Refusal to obey order of PHO or RGO.

Subchapter 6. Miscellaneous Provisions

14.12.140    Sovereign immunity not affected.

14.12.150    Construction.

14.12.160    Effective date.

Subchapter 1. Purpose and Scope

14.12.010 Title.

This chapter shall be known as the public health emergency ordinance. [Res. 250320 (03/25/20)]

14.12.020 Authority.

This chapter is necessary to protect the health, safety and welfare of the Puyallup Tribe of Indians of the Puyallup Indian Reservation, and is promulgated pursuant to its inherent sovereign governmental authority, Article VI, Section 1, Subsections (a), (k), and (l), of the Constitution and Bylaws of the Puyallup Tribe of the State of Washington. [Res. 250320 (03/25/20)]

14.12.030 Legislative findings.

(a)    Protecting the health, safety and welfare of the public is a profound and sacred duty of government.

(b)    Epidemic disease and other forms of chemical and biological disaster can inflict such catastrophic loss of life and suffering so quickly that no human power has any chance of providing relief except the hope and power of government. Good government prepares and takes prompt, firm and persistent action to limit the loss of human life and protect the vulnerable among us from suffering.

(c)    The inherent sovereign power of the Puyallup Tribe, as reflected in the Puyallup Tribal Constitution of 1936, and as thereafter amended, provides governmental authority to protect the members of our Tribe, as well as the members of our larger community and our neighbors, but Tribal authority has been limited by federal statutory and decisional law, while the jurisdictional authority of state and local governments is also limited, creating jurisdictional gaps that must be bridged to enable joint action to protect the public during severe and widespread health emergencies.

(d)    As these dangerous threats do not respect jurisdictional boundaries, and since decent governments prepare by working together, sharing information and resources, and by combining jurisdictional authorities, the Puyallup Tribe and the Tacoma-Pierce County Health Department have had a Mutual Aid Agreement focused on response to epidemic disease since 2005, and the Puyallup Tribe and Pierce County made an Agreement for Emergency Management Services in 2018.

(e)    The Puyallup Tribe is committed to our governmental partners and will work to implement and perfect our relationships and agreements in every possible way.

(f)    An ordinance enacted as a chapter of the Puyallup Tribal Codes is necessary to provide administrative and judicial structure for Tribal government action during public health emergencies and to provide statutory underpinnings to support and implement the agreements and cooperative relationships with the Tribe’s governmental partners. [Res. 250320 (03/25/20)]

14.12.040 Purpose.

The purposes of this chapter are:

(a)    To grant Tribal officials the authority to provide care, treatment, and vaccination to persons who are ill or who have been exposed to contagious diseases, to separate affected individuals from the reservation population at large, and in other ways and circumstances to restrict and control the movement and location of affected persons for the purpose of interrupting disease transmission;

(b)    To ensure that the needs of infected or exposed persons are properly addressed to the fullest extent possible, given the primary goal of controlling serious health threats;

(c)    To provide Tribal officials with the ability to prevent, detect, manage, and contain emergency health threats;

(d)    To provide a jurisdictional basis of enforcement that will support cooperation, compacts and agreements, including mutual aid agreements, with other sovereign tribes, intertribal, local and state governments and governmental boards and entities, and with federal agencies, for the protection of the health, safety and welfare of the members of the Puyallup Tribe of Indians of the Puyallup Indian Reservation and its outlying trust lands, residents and other persons residing or located therein, and neighboring communities, from infectious disease transmission and its effects, including the sharing of epidemiological information, as well as cross-deputization and other jurisdictional authorizations and cooperative relationships as may be necessary for responding to infectious disease transmission and the tracking and response to toxic contamination and epidemic threats to human safety, health and welfare that transcend jurisdictional boundaries; and

(e)    To provide flexibility in administration and procedure, to support public safety, health, and welfare, recognizing that in severe epidemics and other public health disasters, the individual medical, public health, law enforcement, judicial, and other government officials may themselves become exposed to dangerous pathogens that could disable them from performing their respective roles in implementing this chapter and the provisions of intergovernmental agreements concerning public health emergencies. [Res. 250320 (03/25/20)]

14.12.050 Jurisdiction.

(a)    Puyallup Tribal Court. The Puyallup Tribal Court shall exercise civil and criminal jurisdiction to carry out the purposes of this chapter. The Tribal Court may issue an order for involuntary detention for purposes of isolation or quarantine in accordance with this chapter to interrupt disease transmission within the exterior boundaries of the Puyallup Reservation and on lands held in trust for the Puyallup Tribe or individual tribal members by the United States regardless of location, and within the Tribal Court’s jurisdiction over its usual and accustomed areas reserved by the Treaty of Medicine Creek, as recognized by federal law, when, subject to any limitations of applicable federal law:

(1)    The respondent is an enrolled member of the Puyallup Tribe;

(2)    The respondent is an enrolled member of a federally recognized Indian tribe who resides or is located within the Puyallup Reservation or on lands held in trust for the Puyallup Tribe or individual tribal members by the United States outside the boundaries of the Reservation;

(3)    The Court has personal jurisdiction over the respondent, and extraterritorial jurisdiction is recognized by common law, or supplemented by the provisions of an intergovernmental agreement concerning public health emergencies, including any mutual aid agreement or emergency management agreement; or

(4)    Where necessary to give full faith and credit as required by the provisions of an intergovernmental agreement, emergency management agreement, or mutual aid agreement.

(5)    Hearings under this chapter may be conducted by telephonic means or by videoconference.

(b)    Authority of PHO. The Puyallup Tribe Public Health Official (PHO), any Deputy PHO and Successor PHO, including any Responsible Government Official (RGO) of state or local government authorized and provided under an intergovernmental agreement, shall have the authorities and powers specified in this chapter.

(c)    Other Jurisdictions. This chapter is not intended to limit or define any other governmental jurisdiction that may exist depending on land status, the non-Tribal status of an individual, or other facts or circumstances having jurisdictional effect under applicable law.

(d)    Authority under Interlocal Agreements. The respective authorities that are recognized by the Puyallup Tribe, concerning public health emergencies and emergency management, under intergovernmental agreements with the Puyallup Tribe, are defined by the terms of the intergovernmental agreements. [Res. 250320 (03/25/20)]

Subchapter 2. Definitions

14.12.055 Definitions.*

Where a term is not defined in this subchapter, it shall be given its ordinary meaning. Terms used in this chapter, and in regulations, rules and orders issued under its authority, shall have the following meaning, except where otherwise indicated within this chapter, or where a different meaning is clearly indicated by the context:

(a)    “Contagious disease” is an infectious disease that can be transmitted from person to person, animal to person, or insect to person.

(b)    “Health care provider” means any person or entity who provides health care services to Puyallup Tribal members and others, including, but not limited to, behavioral health providers, hospitals, medical centers and offices, special care facilities, physicians, pharmacists, dentists, physician assistants, nurse practitioners, paramedics and emergency medical workers.

(c)    “Infectious disease” is a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, or virus. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person.

(d)    “Isolation” means the physical separation and confinement of an individual or groups of individuals who are infected or reasonably believed to be infected with a contagious or possibly contagious disease from nonisolated individuals, to prevent or limit the exposure and/or transmission of the disease to nonisolated individuals.

(e)    “Protected health information” is any information, whether oral, written, electronic, visual, or any other form, that relates to an individual’s past, present or future physical or mental health status, condition, treatment, service, products purchased or provision of care, and that reveals the identity of the individual whose health care is the subject of the information, or where there is a reasonable basis to believe such information could be utilized to reveal the identity of that individual.

(f)    “Public health emergency” is an occurrence or imminent threat of an illness or health condition that:

(1)    Is believed to be caused by any of the following:

(A)    Bioterrorism; or

(B)    The appearance of a novel or previously controlled or eradicated biological agent.

(2)    Poses a high probability of any of the following:

(A)    Widespread illness or a large number of deaths or serious or long-term disability among humans;

(B)    A high probability of widespread exposure to a biological or chemical agent that creates a significant risk of substantial future harm to a large number of people.

(g)    “Community members” means all persons residing, working, traversing or within the Puyallup Reservation or the lands held in trust for the Puyallup Tribe by the United States regardless of location.

(h)    “Public safety authority” means the Puyallup Tribal Police or any local government agency that acts principally to protect and preserve the public safety or any other person directly authorized to act on behalf of the Puyallup Tribal Police.

(i)    “Quarantine” is the physical separation and confinement of an individual or groups of individuals, who are or may have been exposed to a contagious or possibly contagious disease and who do not show signs or symptoms of a contagious disease, from nonquarantined individuals, to prevent or limit the exposure and/or transmission of the disease to nonquarantined individuals.

(j)    “Quarantine authority” means the authority to issue an order to limit the freedom of movement or action of persons or animals which have been exposed to or are reasonably suspected of having been exposed to a communicable disease or communicable condition for a period of time as may be necessary to prevent or limit the exposure to and the spread of that disease. Quarantine authority also means the authority to issue an order to limit access by any person or animal to an area or facility that may be contaminated with an infectious agent. The term also means the authority to issue an order to limit the freedom of movement or action of persons who have not received immunizations against a communicable disease when the PHO, and RGO, State Health Director or a local health director determines that the immunizations are required to control an outbreak of that disease.

(k)    “Temporary reporting order” means an order requiring health care providers to report cases or suspected cases of contagious or infectious diseases as defined in this chapter.

(l)    “Tribal Court” means the Puyallup Tribal Court established under PTC Title 4. [Res. 250320 (03/25/20)]

*    Code reviser’s note: Res. 250320 adds these provisions as PTC 14.12.050. The section has been editorially renumbered to avoid duplication of numbering.

Subchapter 3. Public Health Emergency

14.12.060 Declaration.

The Puyallup Tribal Council may declare a state of public health emergency by resolution or by Council Determination Report. Prior to such declaration the Tribal Council may consult with the PHO, the Puyallup Tribal Health Authority, an RGO, the Tacoma-Pierce County Health Department, the Tacoma-Pierce County Board of Health, the Washington State Department of Health, the United States Indian Health Service, the United States Centers for Disease Control and Prevention (CDC), or other public health experts, and it may consider declarations and determinations of health emergency by other governments including the state of Washington and the United States. [Res. 250320 (03/25/20)]

14.12.070 Puyallup Tribe Public Health Officer (PHO).

(a)    Appointment. The Puyallup Tribal Council shall appoint the Public Health Officer (PHO), and any Successor PHO or Deputy PHO, by adoption of a Council Determination Report (CDR).

(b)    PTHA – Qualifications. The PHO shall be a doctor of medicine of the Puyallup Tribal Health Authority (PTHA). Specialization or board certification in public health medicine shall not be a requirement of appointment.

(c)    Exigent Circumstances. Upon a finding by the Puyallup Tribal Council that exigent circumstances exist, an executive official of PTHA, or the Puyallup Tribe Director of Public Safety, may be appointed by the Tribal Council as the PHO, Deputy PHO, or Successor PHO; provided, however, that such PHO shall obtain and receive guidance in epidemic response prior to making determinations, rules or orders under this chapter.

(d)    Intergovernmental Agreements. The functions of the PHO may be performed in cooperation and coordination with an RGO, or in the absence of a PHO who is appointed and able to act, through the assistance and agential action of an RGO or other officials of cooperating governments as required for public health, safety and welfare, pursuant to intergovernmental agreements, including the Agreement for Emergency Management Services with Pierce County, and the Mutual Aid Agreement with the Tacoma-Pierce County Health Department. [Res. 250320 (03/25/20)]

14.12.080 Powers and duties of Puyallup Tribe Public Health Officer (PHO).

The Puyallup Tribe Public Health Officer (PHO), and any Deputy PHO and Successor PHO, within the full jurisdiction and limitations of this chapter, shall exercise the following statutory powers and duties:

(a)    Receive reports of any events that may indicate the existence of a case or outbreak of an illness, condition, or health hazard that may have been caused by biological or chemical agents;

(b)    Investigate, or invite appropriate health officials in to investigate known, discovered or suspected communicable diseases and communicable conditions;

(c)    Issue a temporary reporting order requiring health care providers to report symptoms, diseases, conditions, test results, trends in use of health care services, or other health-related information when necessary to conduct a public health investigation or surveillance of an illness, condition, or health hazard that may have been caused by biological or chemical agents. The order shall specify which health care providers must report, what information is to be reported, and the period for which reporting is required. The period of time for which reporting is required pursuant to a temporary order shall not exceed 90 days;

(d)    Examine, review, and obtain a copy of records containing confidential or protected health information, or a summary of pertinent portions of those records, that pertain to a report authorized by or required in this chapter;

(e)    Exercise quarantine and isolation authority within the full jurisdiction and limitations of this chapter, under the following conditions:

(1)    Only when and so long as the public health is endangered;

(2)    All other reasonable means for correcting the problem have been exhausted; and

(3)    No less restrictive alternative exists;

(f)    Inform the community members when a state of public health emergency has been declared or terminated, how to protect themselves during a state of public health emergency, and what actions are being taken to control the emergency. The PHO shall provide information by all available and reasonable means calculated to bring the information promptly to the attention of community members; and

(g)    Invoke the powers of Puyallup Nation Police Department, and all other officers and employees within the jurisdiction of the Puyallup Tribe or under the jurisdictional authority of cooperating governments, referred to in this chapter as an RGO, pursuant to cross-deputization, delegation, agency, or other form of agreed sharing of authority and responsibility under an interlocal agreement, mutual aid agreement, or emergency management services agreement, to enforce immediately orders given to effectuate the purposes of this chapter. [Res. 250320 (03/25/20)]

14.12.085 Access to health information.*

(a)    Notwithstanding any other provision of law, a health care provider, a person in charge of a health care facility, or a unit of government may report to the PHO and any Deputy or Successor PHO, or an RGO under an intergovernmental agreement, any events that may indicate the existence of a case or outbreak of an illness, condition, or health hazard that may have been caused by biological or chemical agents. Events that may be reported include unusual types or numbers of symptoms or illnesses presented to the Puyallup Tribal Health Authority, unusual trends in health care visits, or unusual trends in prescriptions or purchases of over-the-counter pharmaceuticals.

(b)    Notwithstanding any other provision of law, a health care provider, a person in charge of a health care facility, or a unit of government shall report to the PHO and any RGO when a temporary reporting order is in effect.

(c)    A person who makes a report pursuant to this title or permits examination, review, or copying of medical records is immune from any administrative, civil or criminal liability that otherwise might be incurred or imposed as a result of complying with this chapter. [Res. 250320 (03/25/20)]

*    Code reviser’s note: Res. 250320 adds these provisions as PTC 14.12.080. The section has been editorially renumbered to avoid duplication of numbering.

14.12.090 Confidential information.

(a)    All information and records, whether publicly or privately maintained, that identify a person who has or may have a disease or condition required to be reported as a communicable disease shall be strictly confidential. This information shall not be released or made public except under the following circumstances:

(1)    Release is made of all or part of the medical record with the written consent of the person or persons identified or their guardian;

(2)    Release is made to health care personnel providing medical care to the patient;

(3)    Release is necessary to protect the public health;

(4)    Release is made pursuant to subpoena or court order. Upon request of the person identified in the record, the record shall be reviewed in camera. In the hearing, the judge may, during the taking of testimony concerning such information, exclude from the courtroom all persons except the officers of the court, the parties and those engaged in the trial of the case;

(5)    Release is made by the Puyallup Tribal Health Authority, health care provider, or health care facility to a court or a law enforcement official for the purpose of enforcing communicable disease laws. A law enforcement official who receives the information shall not disclose it further, except:

(A)    When necessary to enforce communicable disease laws; or

(B)    When the Puyallup Tribal Health Authority, health care provider, or health care facility seeks the assistance of the law enforcement official in preventing or controlling the spread of the disease or condition and expressly authorizes the disclosure as necessary for that purpose;

(6)    Release is made by the Puyallup Tribal Health Authority, health care provider, or health care facility to another Tribal, federal, state or local public health agency for the purpose of preventing or controlling the spread of a communicable disease or communicable condition.

(b)    Confidential or protected health information received by the PHO or responsible government official pursuant to this chapter shall be confidential and shall not be released, except when the release is:

(1)    Made pursuant to any other provision of law;

(2)    To another Tribal, federal, state, or local public health agency for the purpose of preventing or controlling a public health threat; or

(3)    To a court or law enforcement official or law enforcement officer for the purpose of enforcing the provisions of this chapter or for the purpose of investigating an incident, biological, or chemical agents.

(c)    A Tribal Court official, Puyallup Tribe law enforcement officer, or responsible government official who receives the information shall not disclose it further, except:

(1)    When necessary to investigate a terrorist incident using biological or chemical agents; or

(2)    When the PHO or responsible government official seeks the assistance of a judicial officer or a law enforcement official or officer in preventing or controlling the public health threat and expressly authorizes the disclosure as necessary for that purpose. [Res. 250320 (03/25/20)]

Subchapter 4. Isolation and Quarantine

14.12.100 Authority for isolation and quarantine.

(a)    During the public health emergency, the PHO or RGO has the authority to isolate or quarantine an individual or group of individuals. The PHO or RGO may also establish and maintain places of isolation and quarantine, set rules and make orders subject to the provisions of this chapter.

(b)    The PHO or RGO may authorize health care providers or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals or for the purpose of preventing or controlling the exposure to and spread of a communicable disease or communicable condition. No person, other than a person authorized by the PHO or RGO, shall enter isolation or quarantine premises. Any person entering an isolation or quarantine premises with or without authorization may also be isolated or quarantined by the PHO or RGO. [Res. 250320 (03/25/20)]

14.12.110 Conditions and principles.

The PHO or RGO shall adhere to the following conditions and principles when isolating or quarantining individuals or groups of individuals:

(a)    Isolation and quarantine must be by the least restrictive means necessary to prevent the exposure to and spread of a contagious disease to others and may include, but are not limited to, confinement to private homes or other private and public premises.

(b)    Isolated individuals must be confined separately from quarantined individuals.

(c)    The health status of isolated and quarantined individuals must be monitored regularly to determine if they require isolation or quarantine.

(d)    If an isolated or quarantined individual subsequently becomes infected or is reasonably believed to have become infected with a contagious or possibly contagious disease, he or she must promptly be removed to isolation.

(e)    In accordance with this chapter, isolated and quarantined individuals must be immediately released when they pose no substantial risk of exposure to or transmitting a contagious or possibly contagious disease to others.

(f)    The needs of persons isolated and quarantined shall be addressed in a systematic and competent fashion, including but not limited to providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care.

(g)    Premises used for isolation and quarantine shall be maintained in a safe and hygienic manner and be designed to minimize the likelihood of further transmission of infection or other harms to persons isolated or quarantined. [Res. 250320 (03/25/20)]

14.12.120 Procedures for emergency detention order for isolation and quarantine.

(a)    The PHO or RGO may petition the Tribal Court ex parte for an order to take the person or group of persons into involuntary detention for purposes of isolation or quarantine in accordance with this chapter.

(1)    Emergency Detention Order. Prior to seeking an emergency detention order, the PHO or RGO shall have:

(A)    Made reasonable efforts, which shall be documented, to obtain voluntary compliance with requests for medical examination, testing, treatment, counseling, vaccination, decontamination, isolation, or quarantine; or

(B)    Determined in his or her professional judgment that seeking voluntary compliance would create a risk of serious harm.

(C)    Documentation gathered by the Tacoma-Pierce County Health Department, Pierce County or other responsible government officials may be accepted and considered by the Tribal Court to show that reasonable efforts have been made.

(b)    Tribal Court.

(1)    Ex Parte Order for Detention. The Tribal Court may issue ex parte orders requiring individuals to comply with the emergency detention order of the PHO or RGO and order the law enforcement officer to transport the individual to a designated facility for isolation, quarantine, treatment and care until such time as the PHO or RGO determines that the individual’s condition is such that it is safe for the individual to be discharged from the facility or issue other relief as necessary to protect the public health.

(2)    Seventy-Two-Hour Hearing. A hearing on the ex parte order for detention shall be conducted in the Tribal Court within 72 hours of issuance.

(A)    The PHO or RGO shall have the burden of proving the allegations set forth in the petition by a preponderance of the evidence. The person named in the petition (respondent) shall have the right to an attorney at any hearing held on the petition, cross-examine witnesses, and present evidence.

(B)    At the conclusion of the 72-hour hearing, the Tribal Court shall consider the evidence, the action taken by the PHO or RGO to secure voluntary compliance by the respondent, and the purpose and intent of this title, and may take one of the following actions:

(i)    If the court finds that the respondent is a suspected case, the court may enter an order requiring that the person be subjected to further examination, testing, and treatment as specified in the court’s order. If the court finds that further detention of the respondent is necessary in order to assure that the examination, testing, and treatment occurs, or to protect the public health, the court may order that the respondent be detained for an additional period not to exceed 45 days. The results of testing conducted under this chapter shall be provided to the court and the respondent detained or his or her legal counsel as soon as they are available to the local PHO or responsible government official. The court may then conduct an additional hearing to determine whether the respondent is a confirmed case and, if so, whether further measures are necessary to protect the public health pursuant to subsection (b)(2)(B)(ii) or (iii) of this section.

(ii)    If the court finds that the respondent is a confirmed case, that further measures less restrictive than detention of the respondent are necessary to assure that appropriate treatment is implemented and that imposition of less restrictive measures will be sufficient to protect the public health, the court may enter an order setting forth such measures and ordering the respondent to comply with the measures.

(iii)    If the court finds that the respondent is a confirmed case, that further detention of the respondent is necessary to protect the public health, and that imposition of less restrictive measures will not be sufficient to protect the public health, the court may order that the respondent be detained and treated for an additional period not to exceed 45 days.

(iv)    If the court finds that there is insufficient evidence to support the petition for detention, then the court shall immediately release the respondent detained.

(3)    A person detained under this section may be released prior to the expiration of the court-ordered detention if the PHO or RGO or the court finds that less restrictive measures are sufficient to protect the public health. The court may impose such conditions on the release of the person as the court finds necessary to protect the public health. A person detained under this chapter may also petition the court for release based upon new evidence or a change in circumstances.

(4)    The court may extend a period of court-ordered detention for additional periods not to exceed 180 days each following a hearing, if the court finds that further detention is necessary to protect the public health, and that imposition of less restrictive measures are not sufficient to protect the public health. As an alternative to extending the period of detention, if the court finds after hearing that further measures less restrictive than detention are necessary to assure that the public health is protected, and that imposition of less restrictive measures will be sufficient to protect the public health, the court may enter an order setting forth the measures and ordering the respondent to comply.

(5)    In the event that a person has been released from detention prior to completion of the prescribed course of treatment and fails to comply with the prescribed course of treatment, the PHO or RGO may detain that person, and may seek the assistance of additional law enforcement for such purpose, and the court may order the person detained for an additional period or periods, not to exceed 180 days each, as the court finds necessary to protect the public health. Court orders entered under this section shall be entered only after a hearing at which the respondent is accorded the same rights as at the initial hearing on the petition for detention.

(6)    When a court order for detention is issued, the transporting law enforcement officer and the receiving facility shall be informed of the infectious status of the person for disease control and the protection of the health of the staff, other offenders and the public. Such information shall be made available prior to the transport.

(A)    Whenever disclosure is made pursuant to this subsection, it shall be accompanied by a statement in writing which includes the following or substantially similar language: “This information has been disclosed to you from records whose confidentiality is protected by tribal law or other applicable law. Tribal law prohibits you from making any further disclosure of it except as authorized by Tribal law or other applicable law.”

(B)    Puyallup Nation Police Department (PNPD) and other responsible government officials shall establish and implement policies and procedures that maintain confidentiality related to the detained person’s medical information as defined in this section and federal and state law when applicable.

(b)    Service on Respondent. The PHO or RGO or designee shall serve a copy of the emergency detention order on the individual named at the time of the detention. The PHO or RGO or designee shall serve copies of the court order of involuntary detention for purposes of isolation or quarantine as soon as possible after issuance. If the person informs the PHO or responsible government official that he or she is represented by legal counsel, service on such counsel shall be made by delivering a copy of the order to the attorney’s office. Service on legal counsel by electronic means shall be considered to be adequate service. [Res. 250320 (03/25/20)]

Subchapter 5. Enforcement

14.12.130 Refusal to obey order of PHO or RGO.

(a)    Persons subject to isolation or quarantine for the protection of the public health shall obey the rules and directives of the PHO or RGO and shall not go beyond the isolation or quarantine premises.

(b)    Any person who, after service upon him or her, violates or fails to comply with the terms of an emergency detention order issued by the PHO or RGO pursuant to this chapter is guilty of a Class B criminal offense as set forth in PTC 5.12.060, and, upon conviction thereof, in addition to any and all other penalties which may be imposed by law upon such conviction, may be ordered by the court confined until such order of the PHO or RGO shall have been fully complied with or terminated by such PHO or RGO or the court, but not exceeding six months from the date of passing judgment upon such conviction. [Res. 250320 (03/25/20)]

Subchapter 6. Miscellaneous Provisions

14.12.140 Sovereign immunity not affected.

Nothing in this chapter shall be construed as a waiver of the sovereign immunity of the Puyallup Tribe or any of its subordinate boards, bodies, officers or employees, or as affecting the sovereign immunity of any government or its boards, entities, officers or employees working in cooperation with the Puyallup Tribe or acting under its cross-deputization, delegation, agential authority, or other form of agreed sharing of authority and responsibility to effectuate the purposes of this chapter. [Res. 250320 (03/25/20)]

14.12.150 Construction.

This chapter shall be liberally construed to effectuate its purposes. [Res. 250320 (03/25/20)]

14.12.160 Effective date.

The subject matter of this chapter is not of the type enumerated in the Puyallup Tribe’s Constitution requiring Secretary of the Interior approval. The subject matter of this chapter is of an emergent nature. Accordingly, the Puyallup Tribal Council has waived public notice and comment pursuant to PTC 2.12.040. This chapter is effective immediately. [Res. 250320 (03/25/20)]