Section 107

in a cautionary corollary, in the United States some jurisdictions allow persons who spread disease to be charged criminally; a few jurisdictions have allowed charges to be brought even though the infecting person has not been diagnosed, did not display outward symptoms of infection and infected others without intent to infect. Irregardless[sic] of the likely success of such a prosecution it seems to me the prudent course of behavior would be to minimize the risk of prosecution in the first place.

In addition to potential criminal liability such an infected person will also have potential civil liability for negligently infecting others (a greater likelihood than criminal charges). I would not want to be in the shoes of someone who refused to be screened and then is found to have infected others.....

looker001

Jurisdiction can pass any laws they like. Until and unless they get tested in court, it's unknown if they are constitutional or not. For example many place have no loitering law on public property but in most cases those laws will be declared unconstitutional if challenged in court.

FlyingHoustonian

So you are willing to spending a few weeks in jail to test your theory possibly? Good for you, let us know how it works out.

TWA884

LAist:

No Official Quarantine For US Passengers From Wuhan, China

looker001

I am confused how 72 hours is not officially being quarantined? Unless I am reading the article wrong, no one can leave in those 72 hours?

GUWonder

They aren’t officially limited to remaining on base for that time.

Section 107

Lots of interesting opinion and viewpoints in this thread so it occurs to me that perhaps some factual information may prove helpful. From the CDC, here is a summary of authority for inspection and quarantine with links to the specific authority at the end:

Isolation and Quarantine

Isolation and quarantine help protect the public by preventing exposure to people who have or may have a contagious disease.

• Isolation separates sick people with a contagious disease from people who are not sick.
• Quarantine separates and restricts the movement of people who were exposed to a contagious disease to see if they become sick.

In addition to serving as medical functions, isolation and quarantine also are “police power” functions, derived from the right of the state to take action affecting individuals for the benefit of society.

Federal Law

The federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution.

Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.

Federal isolation and quarantine are authorized for these communicable diseases

• Cholera
• Diphtheria
• Infectious tuberculosis
• Plague
• Smallpox
• Yellow fever
• Viral hemorrhagic fevers
• Severe acute respiratory syndromes [emphasis added]
• Flu that can cause a pandemic

Federal isolation and quarantine are authorized by Executive Order of the President. The President can revise this list by Executive Order.

The authority for carrying out these functions on a daily basis has been delegated to the Centers for Disease Control and Prevention (CDC).

CDC’s Role

Under 42 Code of Federal Regulations parts 70 and 71, CDC is authorized to detain, medically examine, and release persons arriving into the United States and traveling between states who are suspected of carrying these communicable diseases.

As part of its federal authority, CDC routinely monitors persons arriving at U.S. land border crossings and passengers and crew arriving at U.S. ports of entry for signs or symptoms of communicable diseases.

When alerted about an ill passenger or crew member by the pilot of a plane or captain of a ship, CDC may detain passengers and crew as necessary to investigate whether the cause of the illness on board is a communicable disease.

State, Local, and Tribal Law

States have police power functions to protect the health, safety, and welfare of persons within their borders. To control the spread of disease within their borders, states have laws to enforce the use of isolation and quarantine.

These laws can vary from state to state and can be specific or broad. In some states, local health authorities implement state law. In most states, breaking a quarantine order is a criminal misdemeanor.

Tribes also have police power authority to take actions that promote the health, safety, and welfare of their own tribal members. Tribal health authorities may enforce their own isolation and quarantine laws within tribal lands, if such laws exist.

Who Is in Charge

The federal government

• Acts to prevent the entry of communicable diseases into the United States. Quarantine and isolation may be used at U.S. ports of entry.
• Is authorized to take measures to prevent the spread of communicable diseases between states.
• May accept state and local assistance in enforcing federal quarantine.
• May assist state and local authorities in preventing the spread of communicable diseases.

State, local, and tribal authorities

• Enforce isolation and quarantine within their borders.

It is possible for federal, state, local, and tribal health authorities to have and use all at the same time separate but coexisting legal quarantine power in certain events. In the event of a conflict, federal law is supreme.

Enforcement

If a quarantinable disease is suspected or identified, CDC may issue a federal isolation or quarantine order.

Public health authorities at the federal, state, local, and tribal levels may sometimes seek help from police or other law enforcement officers to enforce a public health order.

U.S. Customs and Border Protection and U.S. Coast Guard officers are authorized to help enforce federal quarantine orders.

Breaking a federal quarantine order is punishable by fines and imprisonment.

Federal law allows the conditional release of persons from quarantine if they comply with medical monitoring and surveillance.

Federal Quarantine Rarely used

Large-scale isolation and quarantine was last enforced during the influenza (“Spanish Flu”) pandemic in 1918–1919. In recent history, only a few public health events have prompted federal isolation or quarantine orders.

here are links to the list of public laws, regulations and executive orders that authorize CDC to quarantine persons for communicable disease:
https://www.cdc.gov/quarantine/speci...gulations.html

Section 107

:

§70.18 Penalties.

(a) Persons in violation of this part are subject to a fine of no more than $100,000 if the violation does not result in a death or one year in jail, or both, or a fine of no more than $250,000 if the violation results in a death or one year in jail, or both, or as otherwise provided by law.

(b) Violations by organizations are subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law.



and here is the main regulation from CFR Title 42 Part 70 that authorizes examination of persons:

§70.10 Public health prevention measures to detect communicable disease.

(a) The Director may conduct public health prevention measures at U.S. airports, seaports, railway stations, bus terminals, and other locations where individuals may gather to engage in interstate travel, through non-invasive procedures determined appropriate by the Director to detect the presence of communicable diseases.

(b) As part of the public health prevention measures, the Director may require individuals to provide contact information such as U.S. and foreign addresses, telephone numbers, email addresses, and other contact information, as well as information concerning their intended destination, health status, known or possible exposure history, and travel history.

§70.12 Medical examinations.

(a) The Director may require an individual to undergo a medical examination as part of a Federal order for quarantine, isolation, or conditional release for a quarantinable communicable disease.

(b) The Director shall promptly arrange for the medical examination to be conducted when one is required under this section and shall as part of the Federal order advise the individual that the medical examination shall be conducted by an authorized and licensed health worker, and with prior informed consent.

(c) As part of the medical examination, the Director may require an individual to provide information and undergo such testing as may be reasonably necessary to diagnose or confirm the presence or extent of infection with a quarantinable communicable disease.

(d) Individuals reasonably believed to be infected based on the results of a medical examination may be isolated, or if such results are inconclusive or unavailable, individuals may be quarantined or conditionally released in accordance with this part.
source: https://gov.ecfr.io/cgi-bin/text-idx...#se42.1.70_112

Section 107

So as I understand the regulations: the Director has the authority to order an individual or group of individuals to be apprehended (temporarily taken into custody) for the purposes of detecting communicable disease. As part of detecting disease the Director may require the individual(s) to a) undergo medical examination and b) give certain information. Apprehension may last as long as necessary to detect the disease. If the disease is detected the Director may order the person(s) be quarantined, isolated or given conditional release. A review of the apprehension, isolation or quarantine must be conducted within 72 hours of apprehension, quarantine or isolation and each person has certain due process rights to challenge the apprehension, quarantine, isolation and conditional release. The review is conducted by someone other than the person authorizing the initial apprehension, isolation or quarantine.

Refusal to comply with the above constitutes a federal crime with steep financial penalties as well as imprisonment. State criminal law/penalties might also apply. Reading through the HHS'/CDC's response to comments in the NPRM indicates these authorities and penalties have been found constitutional.

looker001

"

"An American who was evacuated from Wuhan was placed in coronavirus quarantine after trying to flee California base"

"The person, who was not identified, has been ordered to stay in quarantine at the March Air Reserve Base near Riverside, California, until the "entire incubation period or until otherwise cleared," Riverside County Public Health said in a statement Thursday. The incubation period will be 14 days."

Will see if that person decides to sue.

That changed. https://www.cnn.com/2020/01/30/healt...day/index.html

Boggie Dog

I just can't find a reason to object to these people from being held until they are determine to not be infected.

Visconti

Of course not. Those objecting are the sort who simply object for the sake of objecting.

looker001

How about civil rights?

Visconti

After 14 days and the person is no longer a threat to public safety, he/she is free to sue and seek reparation. I'll even donate to his/her litigation fund.

catocony

As posted above, there is plenty of statutory authority to do isolation and quarantines for illness outbreaks like coronavirus.