42 U.S.C. § 264 : US Code - Section 264: Regulations to control communicable diseases

Search 42 U.S.C. § 264 : US Code - Section 264: Regulations to control communicable diseases

(a) Promulgation and enforcement by Surgeon General
The Surgeon General, with the approval of the Secretary, is
authorized to make and enforce such regulations as in his judgment
are 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 into any other State
or possession. For purposes of carrying out and enforcing such
regulations, the Surgeon General may provide for such inspection,
fumigation, disinfection, sanitation, pest extermination,
destruction of animals or articles found to be so infected or
contaminated as to be sources of dangerous infection to human
beings, and other measures, as in his judgment may be necessary.
(b) Apprehension, detention, or conditional release of individuals
Regulations prescribed under this section shall not provide for
the apprehension, detention, or conditional release of individuals
except for the purpose of preventing the introduction,
transmission, or spread of such communicable diseases as may be
specified from time to time in Executive orders of the President
upon the recommendation of the Secretary, in consultation with the
Surgeon General,(!1).
(c) Application of regulations to persons entering from foreign
countries
Except as provided in subsection (d) of this section, regulations
prescribed under this section, insofar as they provide for the
apprehension, detention, examination, or conditional release of
individuals, shall be applicable only to individuals coming into a
State or possession from a foreign country or a possession.
(d) Apprehension and examination of persons reasonably believed to
be infected
(1) Regulations prescribed under this section may provide for the
apprehension and examination of any individual reasonably believed
to be infected with a communicable disease in a qualifying stage
and (A) to be moving or about to move from a State to another
State; or (B) to be a probable source of infection to individuals
who, while infected with such disease in a qualifying stage, will
be moving from a State to another State. Such regulations may
provide that if upon examination any such individual is found to be
infected, he may be detained for such time and in such manner as
may be reasonably necessary. For purposes of this subsection, the
term "State" includes, in addition to the several States, only the
District of Columbia.
(2) For purposes of this subsection, the term "qualifying stage",
with respect to a communicable disease, means that such disease -
(A) is in a communicable stage; or
(B) is in a precommunicable stage, if the disease would be
likely to cause a public health emergency if transmitted to other
individuals.
(e) Preemption
Nothing in this section or section 266 of this title, or the
regulations promulgated under such sections, may be construed as
superseding any provision under State law (including regulations
and including provisions established by political subdivisions of
States), except to the extent that such a provision conflicts with
an exercise of Federal authority under this section or section 266
of this title.