On March 9, 2020, New Jersey Governor Phil Murphy issued Executive Order 103 which declared a Public Health Emergency and State of Emergency in the State of New Jersey, as a result of the coronavirus 2019 (COVID-19) outbreak. Included among the sources of legal authority for the governor’s action is N.J.S.A. 26:13-1, et seq., which is known as the Emergency Health Powers Act (EHPA). Pursuant to N.J.S.A. 26:13-3(b), a public health emergency declared under the EHPA terminates automatically after 30 days unless renewed by the governor. From what we know at this time about COVID-19, we can anticipate renewals of the public health emergency declaration.  

Modeled after the CDC’s Model State Emergency Health Powers Act, the New Jersey Act became effective in September 2005 and was adopted because of potential bioterrorism concerns in the aftermath of the 9/11 attacks, and the potential for a widespread outbreak of Severe Acute Respiratory Syndrome (SARS). It was intended to “augment the emergency authority of the Commissioner of Health.” See generally Jackson & Robertson, “Bioterrorism Preparedness: Isolation and Quarantine Issues,” 179 N.J.L.J. 1143 (March 21, 2005).