Communicable Disease Code

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Chapter 40

Communicable Disease Code

Pueblo of Isleta

AS AMENDED SEPTEMBER 24, 2020

TABLE OF CONTENTS

ARTICLE 40.0 SHORT TITLE .................................................................................................. 4

ARTICLE 40.1 INTENT .............................................................................................................. 4

ARTICLE 40.2 PURPOSE........................................................................................................... 4

ARTICLE 40.3 DEFINITIONS ................................................................................................... 4

ARTICLE 40.4 GENERAL AUTHORITY AND JURISDICTION ........................................ 7

ARTICLE 40.5 PUBLIC HEALTH POWERS .......................................................................... 7

§ 40.5.1 Responsibilities and Duties of the Governor ............................................................ 7

§ 40.5.2 Responsibilities and Duties of Tribal Health Officer .............................................. 7

§ 40.5.3 Responsibilities and Duties – Health Care Providers and Health Care Facilities 8

40.6 NOTIFIABLE CONDITIONS ............................................................................................. 9

§ 40.6.1 Purpose of Notifiable Conditions Reporting ............................................................ 9

§ 40.6.2 Notifiable Conditions List .......................................................................................... 9

§ 40.6.3 Information Sharing ................................................................................................... 9

§ 40.6.4 Persons Required to Report..................................................................................... 10

§ 40.6.5 Responsibilities of the Health Care Provider or Health Care Facility ................ 10

§ 40.6.6 Handling of Case Reports and Medical Information ............................................ 11

§ 40.6.7 Responsibilities of Food Service Establishments ................................................... 12

§ 40.6.8 Responsibilities of Schools and Child Day Care Facilities .................................... 12

§ 40.6.9 Responsibilities of Community Members............................................................... 13

§ 40.6.10

Duties of the Tribal Health Officer .................................................................. 13

§ 40.6.11

Handling of Case Reports and Medical Information ..................................... 14

ARTICLE 40.7 ISOLATION AND QUARANTINE ............................................................ 15

§ 40.7.1 Conditions and Principles for Voluntary and Involuntary Isolation or

Quarantine ............................................................................................................................... 15

§ 40.7.2 Voluntary Isolation or Quarantine ......................................................................... 16

§ 40.7.3 Involuntary Isolation or Quarantine ...................................................................... 16

§ 40.7.4 Isolation or Quarantine Premises ........................................................................... 21

§ 40.7.5 Relief from isolation or quarantine. ........................................................................ 22

§ 40.7.6 Right to Counsel........................................................................................................ 23

ARTICLE 40.8 COMMUNICABLE DISEASE EMERGENCIES ....................................... 23

§ 40.8.1 Declaring a State of Public Health Emergency ...................................................... 23

§ 40.8.2 Control Measures ..................................................................................................... 25

§ 40.8.3 Management of Property ......................................................................................... 25

§ 40.8.4 Appointment of Health Personnel from Other Jurisdictions ............................... 27

§ 40.8.5 Private Liability ........................................................................................................ 27

ARTICLE 40.9 COMMUNICABLE DISEASE—SCHOOLS AND CHILDCARE

CENTERS.................................................................................................................................... 28

§ 40.9.1 Purpose ...................................................................................................................... 28

§ 40.9.2 Control of Communicable Disease. ......................................................................... 28

ARTICLE 40.10 ENFORCEMENT ........................................................................................ 29

§ 40.10.1 Tribal Health Officer Orders, Governor Orders or Tribal Court Orders ...... 29

§ 40.10.2

Criminal Penalties ............................................................................................. 29

ARTICLE 40.11 CONSOLIDATION...................................................................................... 29

ARTICLE 40.12 SOVEREIGN IMMUNITY PRESERVED ................................................ 30

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Approved by Tribal Council, 6-0-0 on May 7th 2020

Amended September 24th 2020

Emergency Communicable Disease Code enacted pursuant to Pueblo of Isleta Council

Resolution No. 2020-016

ARTICLE 40.0 SHORT TITLE

This Chapter shall be known as the Pueblo of Isleta Communicable Disease Code

(hereinafter referred to in this Chapter as this “Code”) and shall be cited to as P.O.I.

Code, Chapter 40.

ARTICLE 40.1 INTENT

It is the intent of the Pueblo of Isleta to protect and promote the health of our elders, our

children, and all community members to the greatest extent possible through the Pueblo’s

public health capabilities while respecting individual rights to dignity, health information

privacy, due process, and other legally-protected interests. This Code is not intended to

supersede any customary powers or authorities of the Governor and the enforcement

thereof, and shall not be interpreted as such.

ARTICLE 40.2 PURPOSE

The purpose of this Code is to:

a) Strengthen tribal sovereignty by exercising the Pueblo’s inherent power to prevent

and control communicable disease;

b) Protect the Pueblo from any unwanted and illegal encroachment of state and local

jurisdiction and/or authority on tribal land;

c) Respond to potential public health emergencies through formal declarations and

triggering of special public health powers during an emergency;

d) Establish procedures for protecting due process; and

e) Provide fair and appropriate criminal penalties for violations of the provisions of this

Code, as well as declare immunities of specific actors where justified.

ARTICLE 40.3 DEFINITIONS

a) "Case" means a person, alive or dead, having been diagnosed to have a particular

disease or condition by a health care provider with a diagnosis based on clinical or

laboratory criteria or both.

b) "Child day care facility" means a department or agency regularly providing care for a

group of children for less than twenty-four hours a day and subject to tribal or federal

regulation.

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c) "Communicable disease" means an illness caused by an infectious agent which can be

transmitted from one person, animal, or object to another person by direct or indirect

means including transmission via an intermediate host or vector, food, water, or air.

d) "Contact" means a person exposed to an infected person, animal, or contaminated

environment that may lead to infection.

e) "Contaminated" or "contamination" means containing or having contact with

infectious agents or chemical or radiological materials that pose an immediate threat

to present or future public health.

f) "Contamination control measures" means the management of persons, animals,

goods, and facilities that are contaminated, or suspected to be contaminated, in a

manner to avoid human exposure to the contaminant, prevent the contaminant from

spreading, and/or effect decontamination.

g) "Detention" or "detainment" means physical restriction of activities of an individual

by confinement for the purpose of controlling or preventing a serious and imminent

threat to public health and may include physical plant, facilities, equipment, and/or

personnel to physically restrict activities of the individual to accomplish such

purposes.

h) "Disease of suspected bioterrorism origin" means a disease caused by viruses,

bacteria, fungi, or toxins from living organisms that are used by man to intentionally

produce death or disease in humans, animals, or plants. Many of these diseases may

have nonspecific presenting symptoms.

i) "Disease control measures" means the management of persons, animals, goods, and

facilities that are infected with, suspected to be infected with, exposed to, or

suspected to be exposed to an infectious agent in a manner to prevent transmission of

the infectious agent to humans.

j) “Food Establishment” means any food related activity by any person or business with

the object of gain, benefit or advantage, either direct or indirect, such as conducting a

trade or commercial activity.

k) “Health care provider” means any person having direct or supervisory responsibility

for the delivery of health care who is licensed or certified in New Mexico or another

state.

“Health care facility” means any building that is used, operated, or designed to

provide health services, medical treatment, behavioral health services, dental services,

nursing, rehabilitative, or preventive care to any individual.

m) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus,

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protozoan, or helminth that is capable of producing infection or infectious disease.

n) "Isolation" means the physical separation for possible medical care of persons who

are infected or who are reasonably believed to be infected with a threatening

communicable disease or potential threatening communicable disease from nonisolated persons, to protect against the transmission of the threatening communicable

disease to non-isolated persons.

o) "Local health department" means a tribal, city, town, county, or district agency in

New Mexico providing public health services to persons within their area.

p) "Outbreak" means the occurrence of cases of a disease or condition in any area within

the exterior boundaries of the Pueblo over a given period of time in excess of the

expected number of cases.

q) “Public health emergency” means an occurrence or imminent threat of an illness or

health condition that:

i. is believed to be caused by any of the following:

A. bioterrorism;

B. the appearance of a novel or previously controlled or eradicated

infectious agent or biological toxin; or

C. natural disaster, chemical attack or accidental release, or nuclear attack

or accident; and

ii. poses a high probability of any of the following harms:

A. a large number of deaths in the affected population;

B. a large number of serious or long-term disabilities in the affected

population;

C. widespread exposure to an infectious or toxic agent that poses a

significant risk of substantial future harm to a large number of people

in the affected population; or

D. otherwise exceeding the capability or capacity of the public health

and/or healthcare systems.

r) "Quarantine" means the limitation of freedom of movement of such well persons or

domestic animals as have been exposed to, or are suspected to have been exposed to,

an infectious agent, for a period of time not longer than the longest usual incubation

period of the infectious agent, in such manner as to prevent effective contact with

those not so exposed, as determined by the Tribal Health Officer.

s) "State health officer" means the person designated by the secretary of the New

Mexico Department of Health to serve as statewide health officer, or, in the absence

of such designation, the person having primary responsibility for public health

matters within the State of New Mexico.

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Approved by Tribal Council, 6-0-0 on May 7th 2020

Amended September 24th 2020

t) "Suspected case" or "suspected to be infected" means an individual the Tribal Health

Officer, in their professional judgment, reasonably believes that infection with a

particular infectious agent is likely based on signs and symptoms, laboratory

evidence, or contact with an infected individual, animal, or contaminated

environment.

u) “Tribal Health Officer” means the individual having been appointed under this Code

as the health officer for the Pueblo of Isleta. Such individual shall have a Masters or

higher degree in Public Health and/or possess a medical license.

v) "Tribal School" means a facility for programs of education preschool and

kindergarten through sixth grade within the tribal reservation.

ARTICLE 40.4 GENERAL AUTHORITY AND JURISDICTION

The following laws are adopted under the authority of Article 5, Section 2(e) of the

Pueblo of Isleta Tribal Constitution which provides that the Tribal Council is empowered

to protect the peace, safety, property, health and general welfare of the members of the

Pueblo of Isleta.

ARTICLE 40.5 PUBLIC HEALTH POWERS

§ 40.5.1

Responsibilities and Duties of the Governor

In addition to customary authorities, and other duties provided in the Pueblo of Isleta

Tribal Constitution, the Governor is further authorized to use the powers and procedures

set forth under this Code to prevent the spread of disease and protect the health and safety

of Pueblo of Isleta community members.

§ 40.5.2

Responsibilities and Duties of Tribal Health Officer

a) The Tribal Health Officer is authorized to use the powers and procedures set forth

under this Code to prevent the spread of disease and protect the health and safety of

Pueblo of Isleta community members.

b) The Tribal Health Officer shall notify Pueblo health care providers of their

requirements under this Code.

c) The Tribal Health Officer shall, when necessary, conduct and/or delegate and direct

investigations and institute disease control and contamination control measures,

including medical examination, testing, counseling, treatment, vaccination,

decontamination of persons or animals, isolation, quarantine, vector control,

condemnation of food supplies, and inspection and closure of facilities, consistent

with those indicated in the Control of Communicable Diseases Manual, 20th edition

or latest edition, published by the American Public Health Association, or other

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measures the Tribal Health Officer deems necessary based on their professional

judgment, current standards of practice and the best available medical and scientific

information.

d) The Tribal Health Officer, with Governor and Tribal Council approval, may seek

agreements as necessary with local governments, federal authorities, tribal

organizations, private entities, state agencies, or institutions of higher education to

coordinate or provide public health activities provided in this plan. The Tribal Health

Officer shall establish, in consultation with the Governor and Tribal Council, rules,

plans, policies, and procedures instituting disease control, contamination control

measures and other emergency measures necessary to prevent the spread of

communicable disease or contamination for Pueblo health care providers, health

facilities, emergency management personnel, tribal law enforcement, and any other

entity they deem necessary.

§ 40.5.3

Responsibilities and Duties – Health Care Providers and Health Care

Facilities

Every health care provider, as defined in this Code, shall:

a) Provide adequate, understandable instruction in control measures designed to prevent

the spread of disease to:

i. Each patient or client under their care with a communicable disease; and

ii. Others, as appropriate, to prevent spread of disease.

b) Cooperate with Tribal Health Officer and/or their designees during investigation of:

i. Circumstances of a case or suspected case of a notifiable condition or other

communicable disease; and

ii. An outbreak or suspected outbreak of illness.

c) Comply with requirements in this Code, including but not limited to, communicable

disease screening and control.

d) Use protocols established in the Control of Communicable Diseases Manual, 20th

edition, published by the American Public Health Association, when treating wounds

caused by animal bites.

e) Establish protocols restricting work of employees, staff, students, and volunteers

diagnosed to have a communicable disease from having direct contact with patients,

clients, residents, and recipients of care during the period of communicability when:

i. Transmission of the disease to recipients of care or other employees can occur

in that particular job environment, and

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Approved by Tribal Council, 6-0-0 on May 7th 2020

Amended September 24th 2020

ii. The disease can cause serious illness.

f) Permit employees, staff, students, and volunteers to return to work when measures

have been taken to prevent transmission of disease, if measures are consistent with

recommendations of Tribal Health Officer.

40.6 NOTIFIABLE CONDITIONS

§ 40.6.1

Purpose of Notifiable Conditions Reporting

The purpose of notifiable conditions reporting is to provide the information necessary for

the Pueblo of Isleta, state and local jurisdictions to protect the community’s health by

tracking communicable diseases and other conditions.

§ 40.6.2

Notifiable Conditions List

The Tribal Health Officer shall establish a list of reportable diseases or other conditions

of public health importance. The list may include diseases or conditions of humans or

animals caused by exposure to toxic substances, microorganisms, or any other pathogens.

The Tribal Health Officer may rely upon the New Mexico Department of Health official

list of notifiable conditions in meeting this requirement.

§ 40.6.3

Information Sharing

a) The Tribal Health Officer is authorized to report to public health authorities,

including the local health department, New Mexico Department of Health, and/or the

Indian Health Service, any information concerning a reportable disease or condition,

an unusual cluster, or a suspicious event that they reasonably believe has the potential

to be caused by or is an indicator of bioterrorism. These may include the following:

i. A single diagnosed or strongly suspected case of disease caused by an

uncommon agent or a potential agent of bioterrorism occurring in a patient

with no known risk factors;

ii. A cluster of patients presenting with a similar syndrome that includes unusual

disease characteristics or unusually high morbidity or mortality without

obvious etiology; or

iii. Unexplained increase in a common syndrome above seasonally expected

levels.

b) Sharing of Pueblo information on reportable conditions, unusual clusters, or

suspicious events with public health authorities shall be restricted to the information

necessary for the treatment, control, investigation, and prevention of a public health

emergency.

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Approved by Tribal Council, 6-0-0 on May 7th 2020

Amended September 24th 2020

§ 40.6.4

Persons Required to Report

Any person (including health care providers, pharmacists, laboratories, coroners, medical

examiners, and veterinarians) who is required by the Tribal Health Officer to report a

disease or other condition of public health importance to the Tribal Health Officer shall

provide all known or suspected cases of individuals having a reportable disease or

condition. Any other person who knows or suspects a case of a reportable disease or

condition may provide available information concerning the case to the Tribal Health

Officer especially where the case has not been previously reported as required by the

Tribal Health Officer.

§ 40.6.5

Responsibilities of the Health Care Provider or Health Care Facility

a) Health care providers and health care facilities shall:

i. Notify the Tribal Health Officer regarding:

A. Cases or suspected cases of notifiable conditions listed by the Tribal

Health Officer or the New Mexico Department of Health;

B. Outbreaks or suspected outbreaks of disease that occur or are treated in

the health care facility including, but not limited to, suspected or

confirmed outbreaks of varicella, influenza, viral meningitis, health

care-associated infection suspected due to contaminated products or

devices, or environmentally related disease; and

C. Known barriers which might impede or prevent compliance with

orders for infection control or quarantine.

ii. Immediately upon becoming aware of a clinically possible case of a condition

designated as “immediately notifiable” by the New Mexico Department of

Health, notify the Tribal Health Officer in person or by phone. This applies

twenty-four hours a day, seven days a week. If the health care provider or

facility is unable to contact the Tribal Health Officer, they shall contact the

local health jurisdiction or the New Mexico Department of Health who both

maintain an after-hours emergency phone contact for this purpose. A party

sending a report by secure facsimile copy or secure electronic transmission

during normal business hours must confirm immediate receipt by a live

person.

iii. Cooperate with the Tribal Health Officer during investigation of:

A. Circumstances of a case or suspected case of a notifiable condition or

other communicable disease; and

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B. An outbreak or suspected outbreak of disease.

iv. Provide adequate and understandable instruction in disease control measures

to each patient who has been diagnosed with a case of a communicable

disease, and to other persons who may have been exposed to the

communicable disease.

§ 40.6.6

Handling of Case Reports and Medical Information

a) All records and specimens containing or accompanied by patient identifying

information are confidential.

b) Health care providers and facilities shall establish and implement policies and

procedures to maintain confidentiality related to a patient's medical information.

c) Personnel in health care facilities who know of a person with a notifiable condition,

other than a sexually transmitted disease, shall release identifying information only to

other individuals responsible for protecting the health and well-being of the public

through control of disease.

d) Personnel in health care facilities who know of a person with a notifiable sexually

transmitted disease shall release identifying information only to the Tribal Health

Officer. The Tribal Health Officer may follow New Mexico Department of Health

guidance on reporting and follow-up, as appropriate.

e) Personnel responsible for health care facility management are authorized to permit

access to medical information as necessary to fulfill professional duties. Health care

facility administrators shall advise those persons permitted access under this Article

40.6 of the requirement to maintain confidentiality of such information as defined

under this Article 40.6. Professional duties mean the following activities or activities

that are functionally similar:

i. Medical record or chart audits;

ii. Peer reviews;

iii. Quality assurance;

iv. Utilization review purposes;

v. Research as authorized under federal law;

vi. Risk management; and

vii. Reviews required under federal law or regulations.

f) Personnel responsible for health care facility management are authorized to permit

access to a patient's medical information and medical record by medical staff or

health care facility staff to carry out duties required for care and treatment of a patient

and the management of medical information and the patient's medical record.

[11]

Approved by Tribal Council, 6-0-0 on May 7th 2020

Amended September 24th 2020

§ 40.6.7

Responsibilities of Food Service Establishments

The person in charge of a food service establishment shall:

a) Notify the Tribal Health Officer of potential foodborne disease.

b) Cooperate with the Tribal Health Officer or their designee in the investigation of

cases, suspected cases, outbreaks, and suspected outbreaks of foodborne or

waterborne disease. This includes the release of the name and other pertinent

information about food handlers diagnosed with a communicable disease as it relates

to a foodborne or waterborne disease investigation.

c) Not release information about food handlers with a communicable disease to other

employees or the general public.

d) Comply with all disease control, contamination control, and other emergency control

measures.

§ 40.6.8

Responsibilities of Schools and Child Day Care Facilities

The person(s) in charge of schools and child day care facilities shall:

a) Notify the Tribal Health Officer of cases, suspected cases, outbreaks, and suspected

outbreaks of notifiable conditions that may be associated with the child day care

facility.

b) Consult with the Tribal Health Officer about the control and prevention of infectious

disease or communicable disease.

c) Comply with all disease control, contamination control, and other emergency control

measures.

d) Cooperate with the Tribal Health Officer in the investigation of cases, suspected

cases, outbreaks, and suspected outbreaks of disease that may be associated with the

child day care facility.

e) Release identifying information only to other individuals responsible for protecting

the health and well-being of the public through control of disease.

f) Establish and implement policies and procedures to maintain confidentiality related to

medical information in their possession.

[12]

Approved by Tribal Council, 6-0-0 on May 7th 2020

Amended September 24th 2020

§ 40.6.9

Responsibilities of Community Members

Community members shall:

a) Cooperate with the Tribal Health Officer or their designee in the investigation of

cases, suspected cases, outbreaks, and suspected outbreaks of notifiable conditions or

other communicable disease.

b) Comply with all infection control measures, contamination control measures, other

emergency control measures, and isolation and quarantine measures.

c) Notify the Tribal Health Officer of any case, suspected case, outbreak, or potential

outbreak of communicable disease.

§ 40.6.10

Duties of the Tribal Health Officer

a) The Tribal Health Officer shall:

i. Review and determine appropriate action for:

A. Each reported case or suspected case of a notifiable condition;

B. Any disease or condition considered a threat to public health; and

C. Each reported outbreak or suspected outbreak of disease, requesting

assistance from local, state, and federal agencies in carrying out

investigations when necessary.

ii. Establish a system for maintaining confidentiality of written records and

written and verbal notifiable conditions case reports; and

iii. Notify health care providers, laboratories, and health care facilities within the

Pueblo.

b) The Tribal Health Officer may adopt alternative arrangements for meeting the

reporting requirements under this Code through coordination with local, state, and

federal partners.

c) The Tribal Health Officer has the authority to:

i. Carry out additional steps determined to be necessary to verify a diagnosis

reported by a health care provider;

ii. Require any person suspected of having a notifiable condition to submit to

examinations required to determine the presence of the condition;

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iii. Require any person to submit to examinations required to determine the

presence of blood borne pathogens or pathogens transmitted by other bodily

fluids, if another person has been exposed to their blood or other bodily fluids;

iv. Require testing or medical examination of any individual who has or may

have been exposed to a communicable disease that poses a significant risk to

public health;

v. Investigate any case or suspected case of a reportable disease or condition or

other illness, communicable or otherwise, if deemed necessary;

vi. Require the notification of additional conditions of public health importance

occurring within the tribe’s jurisdiction;

vii. Issue public health orders as deemed necessary by the Tribal Health Officer;

viii. Conduct investigations and institute control measures; and

ix. Coordinate with and report to local, state, or federal agencies or tribal

organizations providing epidemiological services regarding any notifiable

conditions.

§ 40.6.11

Handling of Case Reports and Medical Information

a) The Tribal Health Officer shall establish and maintain confidentiality procedures

related to employee handling of all reports of cases and suspected cases, prohibiting

disclosure of reported information identifying an individual case or suspected cases

except:

i. To employees of the tribal health clinic, another local health department or

state health department, federal agencies or other agency partners needing to

know for the purpose of administering the requirements under this Code; and

ii. To health care providers, specific designees of health care facilities, laboratory

directors, and others for the purpose of collecting additional information about

a case or suspected case as required for disease prevention and control.

b) The Tribal Health Officer shall require and maintain signed confidentiality

agreements with all tribal health clinic employees with access to identifying

information related to a case or suspected case of a person diagnosed with a notifiable

condition. The agreements will be renewed at least annually and will include

reference to administrative actions that may be taken by the Tribal Health Officer, up

to and including, termination from employment.

c) The Tribal Health Officer may release statistical summaries and epidemiological

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studies based on individual case reports if no individual is identified or identifiable.

ARTICLE 40.7

§ 40.7.1

ISOLATION AND QUARANTINE

Conditions and Principles for Voluntary and Involuntary Isolation or

Quarantine

The Tribal Health Officer shall adhere to the following conditions and principles when

isolating or quarantining a person or group of persons under this Article:

a) Isolation or quarantine must be by the least restrictive means necessary to prevent the

spread of a communicable or possibly communicable disease to others and may

include, but are not limited to, confinement to private homes or other public or private

premises;

b) Isolated individuals must be confined separately from quarantined individuals; The

health status of isolated or quarantined individuals must be monitored regularly, to

determine if they require continued isolation or quarantine;

c) If a quarantined individual subsequently becomes infected or is reasonably believed

to have become infected with a communicable or possibly communicable disease that

the Tribal Health Officer believes poses a significant threat to the health and safety of

other quarantined individuals, they must promptly be placed in isolation;

d) Isolated or quarantined individuals must be released as soon as practicable when the

Tribal Health Officer determines that they have been successfully decontaminated or

that they pose no substantial risk of transmitting a communicable or possibly

communicable disease that would constitute a serious or imminent threat to the health

and safety of others;

e) The needs of a person isolated or quarantined must be addressed to the greatest extent

possible 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, competent medical

care, and mental health care;

f) Premises used for isolation or quarantine must be maintained in a safe and hygienic

manner, to minimize the likelihood of further transmission of infection or other harm

to persons isolated and quarantined;

g) To the extent possible, cultural and religious beliefs should be considered in

addressing the needs of individuals, and establishing and maintaining isolation or

quarantine premises;

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Approved by Tribal Council, 6-0-0 on May 7th 2020

Amended September 24th 2020

h) Isolation or quarantine shall not abridge the right of any person to rely exclusively on

spiritual means alone through prayer to treat a communicable or possibly

communicable disease in accordance with religious tenets and practices, nor shall

anything in this Title be deemed to prohibit a person so relying on spiritual means

who is infected with a contagious or communicable disease from being isolated or

quarantined in a private place of their own choice, provided, it is approved by the

Tribal Health Officer, and all laws, rules and regulations governing control,

sanitation, isolation and quarantine are complied with. At their sole discretion, the

Tribal Health Officer may isolate infected individuals declining treatment for the

duration of their communicable infection, if necessary to protect the health and safety

of the individual or others; and

i) Forms must be provided to the individual, to the extent feasible, to document the

individual’s consent or objection to isolation or quarantine.

§ 40.7.2

Voluntary Isolation or Quarantine

a) Voluntary Isolation or Quarantine should always be used as a first option UNLESS

the Tribal Health Officer has determined in their professional judgment that:

i. Seeking voluntary compliance would create a risk of serious harm;

ii. There is reason to believe that the person or group of persons is, or is

suspected to be, infected with, exposed to, or contaminated with a

communicable disease or chemical, biological, or radiological agent that could

spread to or contaminate others if remedial action is not taken; and

iii. There is reason to believe that the person or group of persons would pose a

serious and imminent risk to the health and safety of others if not detained for

purposes of isolation or quarantine.

b) The Tribal Health Officer when conducting voluntary isolation or quarantine will

make reasonable efforts to comply with Section 40.7.1, Conditions and Principles of

Involuntary or Voluntary Isolation or Quarantine.

§ 40.7.3

Involuntary Isolation or Quarantine

a) If the Tribal Health Officer makes a finding that a delay in isolation or quarantining a

person will significantly jeopardize the Tribal Health Officer’s ability to prevent or

limit the transmission of threatening communicable disease, then the Tribal Health

Officer may issue an order to isolate or quarantine a person without first obtaining a

court order, as follows:

i. At their sole discretion, a Tribal Health Officer may issue an emergency

detention order causing a person or group of persons to be immediately

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Approved by Tribal Council, 6-0-0 on May 7th 2020

Amended September 24th 2020

detained for purposes of isolation or quarantine if they:

A. Have first made reasonable efforts, which shall be documented, to

obtain voluntary compliance with requests for medical examination,

testing, treatment, counseling, vaccination, decontamination of persons

or animals, isolation, quarantine, and inspection and closure of

facilities, or has determined in their professional judgment that seeking

voluntary compliance would create a risk of serious harm;

B. Have reason to believe that the person or group of persons is, or is

suspected to be, infected with, exposed to, or contaminated with a

communicable disease or chemical, biological, or radiological agent

that could spread to or contaminate others if remedial action is not

taken; and

C. Have reason to believe that the person or group of persons would pose

a serious and imminent risk to the health and safety of others if not

detained for purposes of isolation or quarantine.

ii. If a Tribal Health Officer orders the immediate involuntary detention of a

person or group of persons for purposes of isolation or quarantine:

A. The emergency detention order shall be for a period not to exceed five

days without a court hearing to determine whether isolation or

quarantine should continue.

B. The Tribal Health Officer shall issue a written emergency detention

order as soon as reasonably possible, and in all cases within twelve

hours of detention, that shall specify the following:

1. The identity of all persons or groups subject to isolation or

quarantine;

2. The premises subject to isolation or quarantine;

3. The date and time at which isolation or quarantine commences;

4. The suspected communicable disease or infectious agent if

known;

5. The measures taken by the Tribal Health Officer to seek

voluntary compliance or the basis on which the Tribal Health

Officer determined that seeking voluntary compliance would

create a risk of serious harm; and

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6. The medical basis on which isolation or quarantine is justified.

iii. The Tribal Health Officer shall provide copies of the written emergency

detention order to the person or group of persons detained or, if the order

applies to a group and it is impractical to provide individual copies, post

copies in a conspicuous place in the premises where isolation or quarantine

has been imposed.

iv. Along with the written order, and by the same means of distribution, the

Tribal Health Officer shall provide the person or group of persons detained

with the following written notice:

“NOTICE: You have the right to petition the Tribal Court for release from

isolation or quarantine in accordance with Code 40 Emergency

Communicable Disease Code of the Pueblo of Isleta. You have a right to

legal counsel. If you are unable to afford legal counsel, then counsel will

be appointed for you at government expense and you should request the

appointment of counsel at this time. If you currently have legal counsel,

then you have an opportunity to contact that counsel for assistance.”

v. Following the imposition of isolation or quarantine pursuant to this Section,

the Tribal Health Officer, within twenty-four hours, shall petition the court for

an order authorizing involuntary detention in accordance with Section

40.7.3(b).

b) Isolation and Quarantine with a Tribal Court Order. If a Tribal Health Officer

petitions the Tribal Court ex parte for an order authorizing involuntary detention of a

person or group of persons for purposes of isolation or quarantine pursuant to this

Section:

i. The petition shall specify:

A. The identity of all persons or groups to be subject to isolation or

quarantine;

B. The premises where isolation or quarantine will take place;

C. The date and time at which isolation or quarantine will commence;

D. The suspected communicable disease or infectious agent if known;

E. The anticipated duration of isolation or quarantine based on the

suspected communicable disease or infectious agent if known;

F. The measures taken by the Tribal Health Officer to seek voluntary

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compliance or the basis on which the Tribal Health Officer determined

that seeking voluntary compliance would create a risk of serious harm;

and

G. The medical basis on which isolation or quarantine is justified.

ii. The petition shall be accompanied by the declaration of the Tribal Health

Officer attesting to the facts asserted in the petition, together with any further

information that may be relevant and material to the Tribal Court's

consideration.

iii. Notice to the persons or groups identified in the petition shall be accomplished

in accordance with the rules of civil procedure. The Tribal Court shall hold a

hearing on a petition filed pursuant to this Section within seventy-two hours of

filing, exclusive of Saturdays, Sundays, and holidays.

iv. The Tribal Court shall issue the order if there is a reasonable basis to find that

isolation or quarantine is necessary to prevent a serious and imminent risk to

the health and safety of others.

v. A Tribal Court order authorizing isolation or quarantine as a result of an ex

parte hearing shall:

A. Specify a maximum duration for isolation or quarantine for a period of

time not longer than the longest usual incubation period of the

infectious agent, to be determined on the advice of the Tribal Health

Officer;

B. Identify the isolated or quarantined persons or groups by name or

shared or similar characteristics or circumstances;

C. Specify factual findings warranting isolation or quarantine pursuant to

this Section;

D. Include any conditions necessary to ensure that isolation or quarantine

is carried out within the stated purposes and restrictions of this

Section;

E. Specify the premises where isolation or quarantine will take place;

F. Specify any violation of the Tribal Court Order will be a violation of

the Pueblo of Isleta Law and Order Code 30-17-10 Obstructing

Judiciary or Officers; and

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G. Be served on all affected persons or groups in accordance with the

rules of civil procedure.

c) Continued Involuntary Isolation and Quarantine. A Tribal Health Officer may

petition the Tribal Court for an order authorizing the continued isolation or quarantine

of a person or group detained under a Tribal Court order under Section 40.7.3(b) for a

period up to thirty days.

i. The petition shall specify:

A. The identity of all persons or groups subject to isolation or quarantine;

B. The premises where isolation or quarantine is taking place;

C. The communicable disease or infectious agent if known;

D. The anticipated duration of isolation or quarantine based on the

suspected communicable disease or infectious agent if known; and

E. The medical basis on which continued isolation or quarantine is

justified.

ii. The petition shall be accompanied by the declaration of the Tribal Health

Officer attesting to the facts asserted in the petition, together with any further

information that may be relevant and material to the Tribal Court's

consideration.

iii. The petition shall be accompanied by a statement of compliance with the

conditions and principles for isolation and quarantine contained in Section

40.6.1, Conditions and Principles for Voluntary and Involuntary Isolation and

Quarantine.

iv. Notice to the persons or groups identified in the petition shall be accomplished

in accordance with the rules of civil procedure.

v. The Tribal Court shall hold a hearing on a petition filed pursuant to this

Section within seventy-two hours of filing, exclusive of Saturdays, Sundays,

and holidays.

vi. The Tribal Court shall grant the petition if it finds that there is clear and

convincing evidence that isolation or quarantine is necessary to prevent a

serious and imminent risk to the health and safety of others.

vii. A Tribal Court order authorizing continued isolation or quarantine as a result

of a hearing shall:

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A. Specify a maximum duration for isolation or quarantine not to exceed

thirty days;

B. Identify the isolated or quarantined persons or groups by name or

shared or similar characteristics or circumstances;

C. Specify factual findings warranting isolation or quarantine pursuant to

this Section;

D. Include any conditions necessary to ensure that isolation or quarantine

is carried out within the stated purposes and restrictions of this

Section;

E. Specify the premises where isolation or quarantine will take place;

F. Specify any violation of the Tribal Court Order will be a violation of

the Pueblo of Isleta Law and Order Code 30-17-10 Obstructing

Judiciary or Officers; and

G. Be served on all affected persons or groups in accordance with the

rules of civil procedure.

d) Petition for Additional Continued Involuntary Detention. Prior to the expiration

of a Tribal Court order for continued detention issued pursuant to subsection (c) of

this Section, the Tribal Health Officer may petition the Tribal Court to continue

isolation or quarantine provided:

i. The Tribal Court finds there is a reasonable basis to require continued

isolation or quarantine to prevent a serious and imminent threat to the health

and safety of others; and

ii. The order shall be for a period not to exceed thirty days.

e) Emergency Declarations Supersede this Article 40.7. Tribal emergency

declarations governing procedures for detention, examination, counseling, testing,

treatment, vaccination, isolation, quarantine, or other disease control measures for

specified health emergencies or specified communicable diseases, including, but not

limited to, tuberculosis and HIV, shall supersede this Article 40.7.

§ 40.7.4

Isolation or Quarantine Premises

a) Entry into isolation or quarantine premises shall be restricted under the following

conditions:

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i. The Tribal Health Officer may authorize physicians, health care workers, or

others access to individuals in isolation or quarantine pursuant to Section

40.7.3, Involuntary Isolation or Quarantine, as necessary to meet the needs of

isolated or quarantined individuals;

ii. No person, other than a person authorized by the Tribal Health Officer, shall

enter isolation or quarantine premises;

iii. Any person entering isolation or quarantine premises shall be provided with

infection control training and may be required to wear personal protective

equipment or receive vaccination as appropriate; and

iv. Any person entering isolation or quarantine premises with or without

authorization of the Tribal Health Officer may be isolated or quarantined.

b) Persons subject to isolation or quarantine and persons entering isolation or quarantine

premises shall obey the rules and orders established by the Tribal Council, Governor

and/or the Tribal Health Officer, and failure to do so shall constitute a misdemeanor

consistent with the provisions of Section 40.10.1, Criminal Penalties.

§ 40.7.5

Relief from isolation or quarantine.

Any person or group of persons isolated or quarantined pursuant to this Article 40.7 may

seek relief from involuntary detention from the Tribal Court, as follows:

a) Any person or group of persons detained by order of a Tribal Health Officer pursuant

to Section 40.7.3, Involuntary Isolation or Quarantine, may apply to the Tribal Court

for an Order to Show Cause for why the individual or group should not be released.

i. The Tribal Court shall rule on the application to show cause within forty-eight

hours of its filing.

ii. The Tribal Court shall schedule a hearing on the application for an Order to

Show Cause within seventy-two hours, exclusive of Saturdays, Sundays and

holidays.

iii. The issuance of an order to show cause shall not stay or enjoin an isolation or

quarantine order.

b) An individual or group isolated or quarantined may request a hearing in the Tribal

Court for remedies regarding breaches to the conditions of isolation or quarantine

required by Section 40.7.1 Conditions and Principles for Isolation and Quarantine.

i. A request for a hearing shall not stay or enjoin an isolation or quarantine

order.

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ii. Upon receipt of a request under this Section 40.7.5 alleging extraordinary

circumstances justifying the immediate granting of relief, the Tribal Court

shall hold a hearing within seventy-two hours, exclusive of Saturdays,

Sundays and holidays.

c) Any hearings for relief under this Article 40.7 involving a petitioner or petitioners

judged to be contagious for a communicable disease will be conducted in a manner

that utilizes appropriate infection control precautions and minimizes the risk of

disease transmission.

§ 40.7.6

Right to Counsel

A person or group of persons isolated or quarantined pursuant to Section 40.7.3,

Involuntary Isolation or Quarantine, has a right to be represented by counsel if they so

elect. If such person or group requests counsel and cannot afford counsel, the Tribal

Court shall appoint counsel consistent with the Pueblo of Isleta Public Defender

Ordinance, the Tribal Health Officer must provide adequate means of communication

between such persons or groups and their counsel.

ARTICLE 40.8 COMMUNICABLE DISEASE EMERGENCIES

§ 40.8.1

Declaring a State of Public Health Emergency

a) Declaration. A tribal public health emergency may be declared by the Tribal Council

upon the occurrence of a public health emergency. Prior to such a declaration, the

Tribal Council may consult with tribal, federal, state and local public health agencies

and any additional public health or other experts as needed.

b) Content of Declaration. A state of public health emergency shall be declared by a

resolution that specifies:

i. The nature of the public health emergency;

ii. The political subdivision(s) or geographic area(s) subject to the declaration;

iii. The conditions that have brought about the public health emergency;

iv. The duration of the state of the public health emergency, if less than thirty

(30) days; and

v. The designated Tribal Health Officer responding to the emergency.

c) Effect of Declaration. The declaration of a public health emergency shall activate the

response and recovery aspects of the tribal disaster emergency plans. Such declaration

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authorizes the deployment and use of any forces to which the plans apply and the use

or distribution of any supplies, equipment, and materials and facilities assembled,

stockpiled, or available pursuant to this Code.

d) Emergency Powers. During a public health emergency, the Tribal Council and

Governor, may, pursuant to their respective authorities, act in concert to:

i. Suspend the provisions of any tribal policies, procedures, and laws prescribing

procedures for conducting tribal business, or the orders, rules and regulations

of any tribal department or agency, where strict compliance with the same

would prevent, hinder, or delay necessary action (including emergency

purchases) to respond to the public health emergency by the Pueblo, or would

increase the health threat to the population.

ii. Utilize all available resources of the tribal government and its political

subdivisions, as reasonably necessary, to respond to the public health

emergency.

iii. Transfer the direction, personnel, or functions of tribal departments and

agencies to perform or facilitate response and recovery programs regarding

the public health emergency.

iv. Provide aid to and seek aid from federal, state, and local partners.

e) Enforcement. During a state of public health emergency, the Pueblo may enforce

orders issued pursuant to this Code through the utilization of law enforcement and the

Tribal Courts.

f) Termination of Declaration.

i. Tribal Council Resolution. Tribal Council shall terminate the declaration of

a public health emergency by Tribal Council resolution, upon the finding of

the Tribal Health Officer that the circumstances or conditions that caused the

emergency no longer exists.

ii. Content of Termination Resolution. The Tribal Council resolution

terminating the public health emergency shall indicate the nature of the

emergency, the area(s) that was threatened, and the conditions that make

possible the termination.

iii. Orders. The Governor shall rescind all Orders issued pursuant to the public

health emergency declaration.

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§ 40.8.2

Control Measures

a) The Governor shall have the authority to issue Orders that they deem are

necessary to prevent or control the communicable disease that gave rise to the

public health emergency.

b) The Tribal Health Officer, in concurrence with the Governor, shall have the

authority to issue Orders that they deem are necessary to prevent or control the

communicable disease that gave rise to the public health emergency.

§ 40.8.3

Management of Property

a) Emergency Measures Concerning Facilities and Materials. During a public health

emergency, the Governor, or Tribal Health Officer with Governor’s concurrence, is

authorized to:

i. Close, direct, and compel the evacuation of, or decontaminate or cause to be

decontaminated any facility of which it has reasonable cause to believe that it

may endanger the public’s health.

ii. Procure by condemnation or otherwise, construct, lease, transport, store,

maintain, renovate, or distribute materials and facilities as may be reasonable

and necessary to respond to the public health emergency, with the right to take

immediate possession thereof. Such materials and facilities include

communication devices, carriers, real estate, fuels, food, clothing, personal

protective equipment, medical equipment and supplies, and cleaning supplies.

iii. Require a health care facility to provide services or the use of its facility, if

such services or use are reasonable and necessary to respond to the public

health emergency, as a condition of the ability to continue operating as a

health care facility.

iv. Decontaminate or cause to be decontaminated, or destroy, any material of

which the Tribal Health Officer has reasonable cause to believe that it may

endanger the public’s health.

v. Inspect, control, restrict, and regulate by rationing and using quotas,

prohibitions on shipments, allocation, or other means, the use, sale,

dispensing, distribution, or transportation of food, fuel, clothing and other

commodities, as may be reasonable and necessary to respond to the public

health emergency.

b) Control of Roads, Public Areas, and Nonmembers. During a public health

emergency, the Governor is authorized to:

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i. Prescribe routes, modes of transportation, and destinations in connection with

evacuation of individuals or the provision of emergency services, in

accordance with local laws and applicable Right of Way Agreements.

ii. Control or limit ingress and egress to and from any stricken or threatened

public area, the movement of individuals within the area, and the occupancy

of premises therein, if such action is reasonable and necessary to respond to

the public health emergency, in accordance with local laws and applicable

Right of Way Agreements.

c) Safe Disposal of Infectious Waste or Contaminated Material. During a public

health emergency, the Governor is authorized to:

i. Adopt and enforce measures to provide for the safe disposal of infectious

waste or contaminated material as may be reasonable and necessary to

respond to the public health emergency. Such measures may include the

collection, storage, handling, destruction, treatment, transportation, and

disposal of infectious waste or contaminated material.

ii. Require any business or facility authorized to collect, store, handle, destroy,

treat, transport, and dispose of infectious waste or contaminated material

under the laws of this Tribe, and any landfill business or other such property,

to accept infectious waste or contaminated material, or provide services or the

use of the business, facility, or property if such action is reasonable and

necessary to respond to the public health emergency as a condition of

licensure, authorization, or the ability to continue doing business in the Tribe

as such a business or facility. The use of the business, facility, or property

may include transferring the management and supervision of such business,

facility, or property to the Tribe for a limited or unlimited period of time.

iii. Procure, by condemnation or otherwise, any business or facility authorized to

collect, store, handle, destroy, treat, transport, and dispose of infectious waste

or contaminated material under the laws of this Tribe and any landfill business

or other such property as may be reasonable and necessary to respond to the

public health emergency, with the right to take immediate possession thereof.

iv. Require all bags, boxes, or other containers for infectious waste or

contaminated material to be clearly identified as containing infectious waste

or contaminated material, and if known, the type of infectious waste or

contaminated material (consistent with tribal laws).

d) Control of Health Care Supplies.

i. Procurement. During a public health emergency, the Pueblo may purchase

and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics,

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antidotes, and other pharmaceutical agents, medical supplies, or personal

protective equipment to prepare for or respond to a public health emergency.

ii. Rationing. Where a public health emergency results in a tribal-wide, regional

or national shortage or threatened shortage of any product under subsection

(i), whether or not such product has been purchased by the Pueblo, the Pueblo

may control, restrict, and regulate by rationing and using quotas, prohibitions

on shipments, allocation, or other means, the use, sale, dispensing,

distribution, or transportation of the relevant product. In making rationing or

other supply and distribution decisions, the Pueblo may give preference to

health care providers or disaster response personnel.

iii. Distribution. During a public health emergency, the Pueblo may store or

distribute any anti-toxins, serums, vaccines, immunizing agents, antibiotics,

antidotes, and other pharmaceutical agents, personal protective equipment, or

medical supplies located within the Pueblo as may be reasonable and

necessary to respond to the public health emergency, with the right to take

immediate possession thereof.

e) Civil Proceedings. To the extent practicable and consistent with the protection of

public health, prior to the destruction of any property under this Code, the Pueblo

shall institute appropriate civil proceedings concerning the property to be destroyed in

accordance with the existing laws and rules of the Tribal Court or any such rules that

may be developed by the Tribal Court for use during a public health emergency. Any

property acquired by the Pueblo through such proceedings shall, after entry of the

decree, be disposed of by destruction as the Tribal Court may direct.

§ 40.8.4

Appointment of Health Personnel from Other Jurisdictions

Any health care provider or other personnel from another jurisdiction providing

assistance to the Pueblo pursuant to this Code shall not be held liable for any civil

damages as a result of medical care or treatment related to the response to the public

health emergency unless such damages result from providing, or failing to provide,

medical care or treatment in the event of gross negligence or willful misconduct.

§ 40.8.5

Private Liability

a) During a public health emergency, any person owning, controlling land assignments,

or other premises who voluntarily and without compensation permits the designation

or use of the whole or any part of such real estate or premises for the purpose of

sheltering individuals, together with that person’s successors in interest, if any, shall

not be civilly liable for negligently causing the death of, or injury to, any individual

on or about such real estate or premises under permission, or for negligently causing

loss of, or damage to, the property of such person.

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b) During a public health emergency, any person and employees and agents of such

person in the performance of a contract or an agreement with, and under the direction

of, the Pueblo or its political subdivisions, or who renders assistance or advice at the

request of the Pueblo or its political subdivisions under the provisions of this Article

shall not be civilly liable for causing the death of, or injury to, any individual or

damage to any property except in the event of gross negligence or willful misconduct.

ARTICLE 40.9 COMMUNICABLE DISEASE—SCHOOLS AND CHILDCARE

CENTERS

§ 40.9.1

Purpose

The rules in this Article identify certain communicable diseases that may affect children,

or others who are susceptible, in schools, and childcare centers. When an outbreak or

potential outbreak of a communicable disease is identified in a tribal school or tribal

childcare center, the rules in this Article identify what schools, childcare centers and the

Pueblo may do to control or prevent a potential outbreak of the communicable disease.

These rules are in addition to other requirements imposed by Article 40.6, Notifiable

Conditions. These rules do not require a tribal school or tribal childcare center personnel

to diagnose or treat children.

§ 40.9.2

Control of Communicable Disease.

a) When a tribal school or childcare center becomes aware of the presence of a

communicable disease at the facility, as defined in this Code, the officials at the tribal

school or childcare center shall notify the Tribal Health Officer for guidance.

b) When there is an outbreak of a communicable disease, as defined in this Code, and

there is the potential for a case or cases within a tribal school or childcare center, the

Tribal Health Officer shall take all appropriate actions deemed to be necessary to

control or eliminate the spread of the disease including, but not limited to:

i. Closing part or all of the affected school(s) or childcare center(s);

ii. Closing other schools or childcare centers;

iii. Canceling activities or functions at schools or childcare centers;

iv. Excluding from schools or childcare centers any students, staff, and volunteers

who are infectious, or exposed and susceptible to the disease.

c) Prior to taking action the Tribal Health Officer shall:

i. Consult with the Governor and Tribal Council;

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ii. Consult with and discuss the ramifications of action with the Principal of the

school, or the Director of the childcare center or their designees on the

proposed action; and

iii. Provide the Principal of the school or the Director of the childcare center or

their designees a written decision, in the form and substance of an order,

directing them to take action. The order must set the terms and conditions

permitting;

A. Schools or childcare centers to reopen;

B. Activities and functions to resume; and

C. Excluded students, staff and volunteers to be readmitted.

iv. Pursue, in consultation with tribal school or childcare officials, the

investigation of the source of disease, or those actions necessary to ultimately

control the disease.

ARTICLE 40.10

§ 40.10.1

ENFORCEMENT

Tribal Health Officer Orders, Governor Orders or Tribal Court Orders

a) Any Order issued by the Governor or Tribal Health Officer shall constitute the duly

authorized application of lawful rules adopted by the Tribal Council and must be

enforced by all tribal law enforcement officers and all other officers and employees of

any political subdivisions within the jurisdiction of the Pueblo of Isleta.

b) Any person who shall violate any of the provisions of this Code or any lawful rule or

order issued by the Governor or Tribal Health Officer shall be deemed guilty of a

misdemeanor punishable as provided under Section 40.10.2, Criminal Penalties.

c) Any person who violates a Tribal Court Order issued pursuant to this Code, shall be

deemed guilty of violating the Pueblo of Isleta Law and Order Code Section 30-1710, Obstructing Judiciary or Officers.

§ 40.10.2

Criminal Penalties

Any person violating any of the provisions of this Code shall be guilty of a Class C

Misdemeanor as defined in the Pueblo of Isleta Law and Order Code.

ARTICLE 40.11

CONSOLIDATION

In any proceedings brought pursuant to this Code, to promote the fair and efficient

operation of justice and having given due regard to the rights of affected persons, the

severity of the threat to the public's health, and the availability of necessary witnesses and

evidence, the Tribal Court may order the consolidation of individual claims into group

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claims where:

a) The number of individuals involved or to be affected is so large as to render

individual participation impractical;

b) There are questions of law or fact common to the individual claims or rights to be

determined;

c) The group claims or rights to be determined are the same as the affected persons'

claims or rights; and

The entire group will be adequately represented in the consolidation.

ARTICLE 40.12

SOVEREIGN IMMUNITY PRESERVED

Nothing in this Code shall be interpreted as a waiver of the Pueblo’s sovereign immunity from

unconsented suit, or as an authorization for a claim for monetary damages against the Pueblo.

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[[Legislative History]]

This Emergency Communicable Disease Code was adopted in order to address the 2020

Coronavirus (COVID-19) that was declared a Public Health Emergency by the World Health

Organization (WHO) on January 30, 2020. On March 11, 2020 the WHO characterized COVID19 as a global pandemic. On March 13, 2020 the Pueblo of Isleta passed Tribal Council

Resolution 2020-011 declaring a public health emergency in order to prevent, prepare for, and

respond to COVID-19.

Tribal Council on September 24, 2020 clarified the legislative intent regarding the

issuance of Orders addressing the communicable disease that gave rise to the public health

emergency, and affirming the criminal enforceability thereof.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.