By Ramaz Mitaishvili, MD
Quarantine and Isolation
The PCDCP (proposed Center for Disease Control and Prevention), through the Director, or under his/her direction and supervision, has the power to establish, maintain and enforce isolation and quarantine, and in pursuance thereof, and for such purpose only, to exercise such physical control over property and over the persons of the people within this state as necessary for the protection of the public health. Any person who has been quarantined may appeal to the appropriate district court at any time for release from the quarantine.
Closing of Public Buildings and Events
The PCDCP has the authority to close theaters, schools and other public places, and to forbid gatherings of people when necessary to protect the public health.
Mandatory Vaccination
• In most cases, the PCDCP does not have the authority to subject any person to any vaccination or medical treatment without the consent of that person. However, during a public health emergency, after consultation with Georgian Authorities, may subject a person to vaccination or medical treatment without consent in the following circumstances:
• If the parent, legal guardian or other adult person authorized to consent to medical treatment of a minor child cannot be located and consulted and the vaccination of or medical treatment for the minor child is reasonably needed to protect the public health or protect the minor child from disease, death, disability or suffering;
• If the person authorized to consent on behalf of an incompetent person cannot be located and consulted and the vaccination of or medical treatment for the incompetent person is reasonably needed to protect the public health or protect the incompetent person from disease, death, disability or suffering.
• If a person withholds or refuses consent for himself, a minor or other incompetent when the vaccination or medical treatment is reasonably needed to protect the health of others from a disease carrying the risk of death or disability, then the person for whom the vaccination or medical treatment is refused may be quarantined by the PCDCP.
Liability
During a public health emergency any health care provider or other person who in good faith follows the instructions of the PCDCP is immune from any liability arising from complying with those instructions. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton misconduct.