Federal and State Isolation and Quarantine Authority

Publication Date: January 2005

Publisher: Library of Congress. Congressional Research Service

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Research Area: Government; Health

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Abstract:

In the wake of recent terrorist attacks and increasing fears about the spread of highly contagious diseases, such as severe acute respiratory syndrome (SARS), federal, state and local governments have become increasingly aware of the need for an effective public health response to such events. An effective response could include the isolation of persons exposed to infectious biological agents released during an attack or infected with a communicable disease, 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, not newly emerging diseases such as SARS. 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. Public health experts have developed a Model State Emergency Health Powers Act to guide states as they reevaluate their emergency response 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.