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Selected federal legal authorities pertinent to public health emergencies
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June 2014
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Description:In the wake of the 2001 terrorist attacks, the 2003 severe acute respiratory syndrome (SARS) epidemic, Hurricane Katrina in 2005, the influenza A (H1N1) pandemic in 2009, Hurricane Sandy in 2012, and the ongoing concern about future similar events, public health officials have acted to strengthen their jurisdictions’ legal preparedness for all types of public health emergencies.
Federal laws and legal authorities address a variety of concerns central to public health emergencies, such as emergency declarations, quarantine and isolation, liability and licensure of workers, and mutual aid, among others. Because these laws involve multiple federal agencies and appear in many official documents, the Centers for Disease Control and Prevention’s (CDC) Public Health Law Program prepared the following annotated list of selected, commonly cited federal legal authorities for reference by public health officials, legal counsel, and others.
This compilation is subject to three caveats: 1) it is not intended to be exhaustive of all relevant legal authority; 2) it was compiled in September 2009 and updated in 2014, and reflects the laws current at the time; and 3) only selected portions of the laws relevant to public health emergencies are presented.
Updated June 2014. Originally drafted in 2009 by Stacie Kershner, J.D., an Oak Ridge Institute for Science and Education legal fellow at CDC’s Public Health Law Program. Updated by Gregory Sunshine, J.D., an Oak Ridge Institute for Science and Education legal fellow at CDC’s Public Health Law Program.
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