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HHS/CDC legal response to SARS outbreak
James J Misrahi1, Joseph A Foster, Frederic E Shaw
1Office of the General Counsel, US Department of Health and Human Services, Public Health Division, ATSDR Branch, Centers for Disease Control and Prevention, Atlanta, Georgia 30333, USA. JMisrahi@cdc.gov
Emerging Infectious Diseases
|March 20, 2004
Summary
The Centers for Disease Control and Prevention (CDC) expanded its legal authority to manage public health emergencies, including adding Severe Acute Respiratory Syndrome (SARS) to its list of quarantinable diseases.
Area of Science:
- Public Health Law
- Infectious Disease Control
- Epidemiology
Background:
- The Centers for Disease Control and Prevention's (CDC) legal authority for apprehending, detaining, or conditionally releasing individuals was previously limited to seven specific diseases.
- This authority required a two-step process involving a Presidential executive order and amendment to CDC quarantine regulations (42 CFR Parts 70 and 71) to include new diseases.
Purpose of the Study:
- To describe the legal and regulatory changes made by the U.S. federal executive branch in response to the Severe Acute Respiratory Syndrome (SARS) outbreak.
- To outline the enhancements in legal preparedness for future public health emergencies by the CDC.
Main Methods:
- Review of legal authorities and regulatory processes of the CDC prior to the SARS outbreak.
- Analysis of executive and regulatory actions taken in April 2003 to address SARS.
- Description of post-SARS initiatives to bolster legal preparedness.
Main Results:
- SARS was rapidly added to the list of quarantinable communicable diseases through executive action.
- Regulations were amended to streamline the process for adding future emerging infectious diseases.
- The CDC established a teleconference program for public health lawyers and a legal document clearinghouse.
Conclusions:
- The SARS outbreak prompted swift modifications to the CDC's legal framework for public health emergencies.
- These changes enhanced the CDC's ability to respond to emerging infectious diseases.
- Ongoing initiatives aim to strengthen legal preparedness for future health crises.