Right to counsel

Key_development Question_mark

Legislation, Quarantine/Inoculation of Individual

The requirements for isolation and quarantine are set out in the Code of Massachusetts Regulations at 100 C.M.R. 300.200, 210. There is a right to appeal an order of isolation or quarantine to the Superior Court, but no right to counsel articulated. 105 C.M.R. 300.210(F)(2).

For tuberculosis specifically, a person with active tuberculosis subject to a petition for commitment to a tuberculosis treatment center may request a hearing and if it is "...determined that the person cannot be present because of his condition, he must be given notice of this fact and of his right to have counsel and witnesses present at the hearing. In the latter case, the court shall appoint legal counsel to represent the person’s interests at the hearing if he does not have his own legal counsel." M.G.L. ch. 111, §94C(1).

Appointment of Counsel: categorical Qualified: yes