Selected federal legal authorities pertinent to public health emergencies
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Selected federal legal authorities pertinent to public health emergencies

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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.

      The Public Health Law Program (PHLP) provides technical assistance and public health law resources to advance the use of law as a public health tool. PHLP cannot provide legal advice on any issue and cannot represent any individual or entity in any matter. PHLP recommends seeking the advice of an attorney or other qualified professional with questions regarding the application of law to a specific circumstance. The findings and conclusions in this document are those of the author and do not necessarily represent the official views of the Centers for Disease Control and Prevention.

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