Federal and State Responses to Biological Attacks: Isolation and Quarantine Authority.

摘要

In the wake of the September 11 attacks, federal, state and local governments have become increasingly aware of the need for an effective response to future terrorist activities. Of significant concern is the government's ability to respond to a biological attack, including the introduction of an infectious or contagious disease into a population. An effective response could include the isolation of persons exposed to infectious biological agents or infected with a communicable disease as a result of the attacks, as well as the quarantine of certain states, cities, or neighborhoods. Currently, state and local governments have the primary authority to control the spread of dangerous diseases within their jurisdiction, with the federal government's role limited to interstate and foreign quarantine. However, many states have inadequate procedures in place for isolating individuals who are infected or believed to be infected and quarantining areas that are or may be infected. Generally, the laws currently in effect do not address the spread of disease resulting from a biological attack, and for the most part only address specific diseases that were the cause of past epidemics. In light of recent events, many states are reevaluating their public health emergency response plans and are expected to enact more comprehensive regulations relating to isolation and quarantine in the event of a biological attack. Public health experts have developed a Model State Emergency Health Powers Act to guide states as they reevaluate their plans. This report provides an overview of federal and state quarantine laws as they relate to the isolation or quarantine of individuals, as well as a discussion of the relevant case law. The Model State Emergency Health Powers Act is also discussed.