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For many months, the world has been dealing with the SARS-CoV-2 pathogen infection pandemic. SARS-CoV-2 is a virus belonging to the coronavirus group, causing acute infectious respiratory disease – COVID-19.
Due to the current epidemiological situation, based on Regulation of the Minister of Health of 20 March 2020 on the declaration of a state of epidemic within the territory of the Republic of Poland (i.e. Journal of Laws 2020, item 491, as amended) on the territory of Poland from March 20, 2020, valid until further notice state of epidemic.
The legal act regulating the prevention of infectious diseases is: Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans (consolidated text: Journal of Laws of 2020, item 1845, as amended) - next: uzzz Recipes uzzz applies to COVID-19 infections pursuant to § 1 Regulation of the Minister of Health of February 27, 2020 on SARS-CoV-2 coronavirus infection (Journal of Laws of 2020, item 325) issued pursuant to Art. 3 section 2 uzzz
Pursuant to art. 5 uzzz the main instruments limiting the spread of COVID-19 are:
- quarantine
- insulation
Issues quarantine and isolation in connection with COVID-19 is regulated in detail Regulation of the Minister of Health of 6 April 2020 on infectious diseases causing the obligation of hospitalisation, isolation or home isolation, and the obligation of quarantine or epidemiological surveillance (Journal of Laws of 2020, item 607, as amended) – next: decree of April 6, 2020
Significant changes to the above regulation were introduced, effective from September 2, 2020. Regulation of the Minister of Health of 1 September 2020 amending the regulation on infectious diseases causing the obligation of hospitalisation, isolation or home isolation and the obligation of quarantine or epidemiological surveillance (Journal of Laws 2020, item 1506) and amendment in force from 24 October 2020 Regulation of the Council of Ministers of 9 October 2020 on the establishment of specific restrictions, orders and prohibitions in connection with the occurrence of a state of epidemic (Journal of Laws 2020, item 1758, as amended) – next: regulations of 9 October 2020
What is quarantine legally?
Act of December 5, 2008 on preventing and combating infections and infectious diseases in humans explicit contains the legal definition of quarantine. Pursuant to art. 2 point 12 as amended Quarantine means the isolation of a healthy person who has been exposed to infection, in order to prevent the spread of particularly dangerous and highly contagious diseases.
In the light of applicable regulations quarantine is imposed on the person who
- had contact with the source of infection;
- or shows symptoms of coronavirus infection;
- or for reasons of crossing the Polish border with a country outside the European Union;
A person who shows symptoms of infection is subject to quarantine coronavirus and is awaiting the result of a COVID-19 test.
A person who runs the same household (living together) with or lives with a person diagnosed with SARS-CoV-2 virus infection is subject to quarantine. Quarantine begins on the day a person diagnosed with SARS-CoV-2 infection obtains a positive test result and lasts 7 days from the date of completion of isolation of the person suffering from COVID. Quarantine is automatic - it does not require a decision from the sanitary inspection authority. The obligation to undergo quarantine results from the operation of law.
Moreover, in accordance with § 2 section 2 point 2 decree of October 9, 2020 mandatory quarantine also applies to persons who have crossed the state border of the Republic of Poland from non-EU countries, with the exclusion of a number of exceptions contained in § 3 decree of October 9, 2020 It should be emphasized that - in accordance with the addition to § 2 decree of October 9, 2020. paragraph 2a – organ the sanitary inspection does not issue a decision to refer the above-mentioned people to quarantine, so the obligation to undergo quarantine in this case results from the law itself.
Quarantine for people who crossed the border
Moreover, in accordance with § 2 section 2 point 2 decree of October 9, 2020 mandatory quarantine also applies to persons who have crossed the state border of the Republic of Poland from non-EU countries, with the exclusion of a number of exceptions contained in § 3 decree of October 9, 2020 It should be emphasized that - in accordance with the addition to § 2 decree of October 9, 2020. paragraph 2a – organ the sanitary inspection does not issue a decision to refer the above-mentioned people to quarantine, so the obligation to undergo quarantine in this case results from the law itself.
The persons listed in § are not subject to mandatory quarantine after crossing the state border of the Republic of Poland with non-EU countries 3 resolution of October 9, 2020. These include Polish citizens as well as foreigners who are spouses or children of Polish citizens, or who remain under the permanent care of Polish citizens; citizens of EU member states, member states of the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area, or the Swiss Confederation, as well as their spouses and children, alongside a number of professional groups.
Importantly, from October 24, 2020, pursuant to the amendment decree of October 9, 2020 § 5 imposing the obligation to quarantine with household members was repealed. People living with a person undergoing quarantine are not covered by it.
It should also be emphasized that from October 24 - in accordance with the added § 5a to decree of October 9, 2020. – the obligation to undergo quarantine does not apply to a person who has completed hospitalization, isolation or isolation at home due to the diagnosis of SARS-CoV-2 virus infection.
From November 3, 2020, also a person practicing a medical profession within the meaning of Art. 2 section 1 point 2 of the Act of April 15, 2011 on medical activities are not subject to quarantine.
Shortening the quarantine
Pursuant to Article 34(2) of the Act on Preventing and Combating Infections and Infectious Diseases in Humans, persons who have been exposed to an infectious disease or have been in contact with a source of a biological infectious agent, and who show no symptoms of the disease, if so decided by the sanitary inspection authorities, shall be subject to mandatory quarantine for a period not exceeding 21 days, starting from the day following the last day of exposure or contact, respectively.
In justified cases pursuant to § 3 section 4 decree of October 9, 2020 the state district sanitary inspector decides to shorten the quarantine period or exempt from the obligation to undergo it.
If staying on quarantine notice symptoms of COVID-19 infection, such as a fever above 38 degrees Celsius, shortness of breath, or loss of smell or taste, should contact their GP about the matter without delay. The GP will agree with the patient on the necessary next steps, in particular they may order a SARS-CoV-2 virus test.
In the event of a positive test result, the person is obliged to undergo isolation pursuant to § 2 section 2 decree of April 6, 2020 based on Article. 34 section uzzz
Please remember that in accordance with Art. 34 section 4 uzzz a person sent to quarantine is strictly prohibited from leaving the quarantine place. This prohibition in accordance with § 3a section 3 decree of October 9, 2020 is suspended for the time taken to travel to the collection site for biological material for laboratory diagnostics for the SARS-CoV-2 virus and to return to the place of quarantine or home isolation. Pursuant to Article 33 of the Act on Preventing and Combating Infections and Infectious Diseases in Humans, a decision to direct a person to undergo quarantine may be issued by the voivodeship sanitary inspector or the border sanitary inspector.
An appeal against the inspector's decision lies to the voivodeship inspector, which must be lodged through the inspector who issued the decision within 14 days of the date of its service. If the appeal is not allowed, a complaint against the decision of the appellate authority lies to the voivodeship administrative court. It must be lodged within 30 days of the date of service of the decision of the appellate authority, through that authority.
Furthermore, in accordance with Article 35(1) of the Act on Public Health, in the event of a suspected or confirmed case of a particularly dangerous and highly contagious disease, the doctor admitting the patient to hospital, a place of isolation or quarantine, based on their own assessment of the level of risk to public health, shall subject a person suspected of having, suffering from, or being at risk of contracting a particularly dangerous and highly contagious disease to hospitalisation, isolation or quarantine, as well as to tests, even if the person in question does not consent to hospitalisation, isolation, quarantine or the performance of a test.
The employer is obliged to recognize the employee's absence as justified based on the decision of the state district sanitary inspector to quarantine in accordance with § 3 point 2 Regulation of the Minister of Labour and Social Policy of 15 May 1996. (Journal Laws of 2015, item 1632). During the employee's absence from work labor law, clearly states that you are entitled to sickness benefit under Art. 6 section 2 point 1 Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal Laws of 2019, item 645).
To sum up, quarantine is temporary. It is used to stop the transmission of the virus. It is used for a healthy person. If during quarantine it turns out that the person subject to quarantine is suffering from COVID-19, the statutory instrument used is changed. It is used from the moment the infection is confirmed insulation.
When is insulation used?
Pursuant to art. 2 point 11 uzzz Isolation involves isolating a person or group of people suffering from an infectious disease or a person or group of people suspected of having an infectious disease in order to prevent the transmission of a biological pathogen to other people.
In the light of Art. 34 section 4 point 1 uzzz Two types of insulation should be distinguished:
- isolation at home;
- isolation outside the home;
Home isolation pursuant to art. 2 points 11a uzzz consists in isolating a sick person with an infectious disease that does not require absolute hospitalization for medical reasons in his or her place of residence or stay in order to prevent the spread of particularly dangerous and highly infectious diseases. Pursuant to § 2 section 2 decree of April 6, 2020. home isolation is used for people who test positive for the SARS-CoV-2 coronavirus if they do not show symptoms of the disease or its course is mild - for example, they have a low-grade fever or a cough.
People infected with SARS-CoV-2 whose condition requires hospitalization are directed by a doctor to isolation outside their home in a hospital.
Ending isolation
End insulation pursuant to Article 3a(2)(1) decree of April 6, 2020. may occur after 3 days - if the infected person does not have fever or symptoms of respiratory infection - but not earlier than 13 days from the date of symptoms - in the case of a patient with clinical symptoms. In addition, the doctor caring for the patient or the primary care physician may extend the isolation period, but not earlier than on the 8th day of isolation.
Alternatively, pursuant to § 3a section 2 point 2 decree of April 6, 2020. isolation may end after 10 days from the date of obtaining the first positive diagnostic test result for SARS-CoV-2 - in the case of a patient without clinical symptoms, unless a primary care physician who provided teleconsultation or home advice no earlier than eight during this isolation period will extend its duration.
In the case of immunoincompetent patients pursuant to § 3a section 4 reg. of 6 Apr 2020. the isolation period may be extended to 20 days. The decision on this matter is made by the doctor caring for the patient in a hospital or isolation facility, or by a primary care physician in the case of a patient undergoing home isolation.
Pursuant to § 3a section 4 point 2 decree of April 6, 2020in specific situations, the end of isolation may take place after obtaining two consecutive negative SARS-CoV-2 test results from samples taken at least 24 hours apart, regardless of the number of days that have elapsed since the last positive result and the type of clinical symptoms. Such an option is available, inter alia, to healthcare professionals or persons caring for residents of social welfare homes.
Similarly to the procedure in the case of quarantine, the employer - based on the decision of the state district sanitary inspector to send the employee to isolation - is obliged to consider the employee's absence as justified in such a case in accordance with § 3 point 2 Regulation of the Minister of Labour and Social Policy of 15 May 1996 (Journal of Laws of 2015, item 1632). Furthermore, during the period of absence from work, the employee shall be entitled to sickness benefit in accordance with Article 6(2)(1) the Act of 25 June 1999 on cash benefits under social insurance in the event of sickness and maternity (Journal of Laws of 2019, item 645).
Pursuant to art. 15 uzzn Act of March 2, 2020 on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and crisis situations caused by them (i.e. Journal of Laws, item 1842, as amended) against a person violating the obligation of hospitalization, quarantine or isolation in connection with the prevention, counteracting or combating of COVID-19, imposed by the competent authority or resulting from legal provisions, the state district sanitary inspector imposes, by way of a decision, an administrative fine of up to PLN 30,000 on the person violating such an obligation. Determination of a violation of the above-mentioned obligation may occur in particular on the basis of Police findings.
Moreover, failure to comply with a decision imposing the obligation to undergo quarantine or isolation may, pursuant to Art. 116 § 1 Act of May 20, 1971, Petty Offenses Code (consolidated text: Journal of Laws of 2019, item 821, as amended) generate liability for an offense consisting in failure to comply with orders or prohibitions on the prevention of infectious diseases. In the event of an offense, the maximum fine is PLN 5,000.
Summary
In summary, both quarantine and isolation are used to stop the transmission of the virus and are temporary in nature. Quarantine is applied to a healthy person who, inter alia, has been in contact with an infected person, whereas isolation is applied to a person who has tested positive for SARS-CoV-2. If, during quarantine, it turns out that the person undergoing it has COVID-19, the statutory instrument applied changes and, from the moment the infection is confirmed, isolation is applied to the sick person.