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AJPH First Look, published online ahead of print Apr 5, 2007
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AJPH.2005.083311v1
97/Supplement_1/S38    most recent
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April 2007, Vol 97, No. Supplement_1 | American Journal of Public Health S38-S43
© 2007 American Public Health Association
DOI: 10.2105/AJPH.2005.083311


GOVERNMENT, POLITICS, AND LAW

Legal Tools for Preparedness and Response: Variation in Quarantine Powers Among the 10 Most Populous US States in 2004

Frederic E. Shaw, MD, JD, Karen L. McKie, JD, Clint A. Liveoak, JD, MPA, Richard A. Goodman, MD, JD, MPH the State Public Health Counsel Review Team

At the time of the study, F. E. Shaw, K. L. McKie, and R. A. Goodman were with the Office of the Chief of Public Health Practice, Centers for Disease Control and Prevention, Atlanta, Ga. C. A. Liveoak was with the Office of the Director, Centers for Disease Control and Prevention, Atlanta.

Correspondence: Requests for reprints should be sent to Frederic E. Shaw, Public Health Law Program, Office of the Chief of Public Health Practice, Centers for Disease Control and Prevention, 1600 Clifton Rd NE, MS D-30, Atlanta, GA 30333 (e-mail: fshaw{at}cdc.gov).

From April 2004 through December 2004, we reviewed the express legal authorities of the 10 most populous US states to restrict the movement of persons to control communicable diseases. All 10 of the states possessed express legal authority to quarantine and isolate individuals, but the laws varied substantially. In the absence of declared emergencies, only 4 states had express authority to conduct area quarantine, and only 2 states had express authority to conduct group quarantine. During declared emergencies, 7 states had additional authorities for area quarantine. Express authorities are only part of states’ legal powers to employ such movement restrictions, but substantial variation in express authorities across states could present potential challenges for the coordination of large national or regional epidemics.







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