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Severe acute respiratory syndrome : questions and answers on legal authorities for isolation and quarantine
  • Published Date:

    January 20, 2004

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  • Alternative Title:
    Questions and answers on legal authorities for isolation and quarantine
  • Description:
    Title 42 United States Code Section 264 (Section 361 of the Public Health Service [PHS] Act) gives the Secretary of the Department of Health and Human Services (HHS) responsibility for preventing the introduction, transmission, and spread of communicable diseases from foreign countries into the United States and within the United States and its territories/possessions. This statute is implemented through regulations found at 42 CFR Parts 70 and 71. Under its delegated authority, CDC, through the Division of Global Migration and Quarantine, is empowered to detain, medically examine, or conditionally release persons suspected of carrying a communicable disease. Under the procedures required by the PHS Act, the list of diseases for which quarantine is authorized must first be specified in an Executive Order of the President, on recommendation of the HHS Secretary. Since 1983, this list has included cholera, diphtheria, infectious tuberculosis, plague, smallpox, yellow fever, and viral hemorrhagic fevers. It was amended in April 2003 to include SARS.
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