Public Health Service Act 1


Public Health Service Act 1 :

“The Public Health Service Act provides a general grant of authority for Federal-State cooperation and authorizes the Secretary of Health and Human Services to develop and take such action as may be necessary to implement a plan under which the personnel. Equipment, medical supplies and other resources of the Service and other agencies under the jurisdiction of the Secretary may be effectively used to control epidemics of any disease or condition and to meet other health emergencies and problems, 42 U.S.C. 243. The Secretary is further empowered to extend temporary assistance to States or localities to meet health emergencies. During an emergency proclaimed by the President, the President has broad authority to direct the services of the Public Health Service, see: 42 U.S.C. 217. Under that section, the President is authorized to “utilize the [Public Health] Service to such extent and in such manner as shall in his judgment promote the public interest”. Additionally, under 42 U.S.C. 264, the Surgeon General is authorized to make and enforce quarantine regulations “necessary to prevent the introduction, transmission, or spread of communicable diseases” from foreign countries into the states or possessions, or from one state or possession to another. The diseases for which a person may be subject to quarantine must be specified by the President through an Executive Order”. (DHS, National Response Plan (Draft #1), February 25, 2004, p.71) 

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