(a) In carrying out the director and department’s authorized powers, the director and the department shall be guided by the following principles:
(1) The exercise of any public health authority or power shall further or support improving or sustaining the public’s health by performing essential public health services and functions.
(2) Whenever possible, the department shall exercise its authorities or powers through procedures, practices, or programs that are based on modern, scientifically-sound principles and evidence.
(3) The department shall strive to design and implement interventions that are well-targeted to accomplishing essential public health services and functions. The department should avoid using compulsory power in a manner that is over-broad (applying to more individuals than is necessary for the public’s health).
(4) The department shall employ the least restrictive alternative in the exercise of its authorities or powers, especially compulsory powers. This means that where the agency may exercise one or more of its authorities or powers to accomplish essential public health services and functions, it shall, to the extent possible, employ the policy or practice that least infringes on the rights or interests of individuals. Employing the least restrictive alternative does not require the department to adopt policies or programs that are less effective in protecting the public’s health.
(5) The Department shall not discriminate in an unlawful manner against individuals on the basis of their race, ethnicity, nationality, religious beliefs, sex, sexual orientation, or disability status.
(6) The department shall respect the dignity of each individual under their jurisdiction, regardless of their nationality, citizenship, or residency status.
(7) Protecting the public’s health requires ongoing public health education and outreach to encourage, facilitate, and promote community participation in accomplishing public health goals.
(b) Whenever the department or director exercises compulsory powers;
(1) The department or director, wherever possible, should first request that the individual participate voluntarily with compulsory action.
(2) Any individual of a defined class may be subjected to the compulsory action pursuant to a Court order, provided the individual will not be directly harmed by the compulsory action.
(3) The department may also employ other public health intervention to eliminate the risk or danger to others or the public’s health.History: 2007, PL 30-11.