HCV Final Rule - 42USC264

UNITED STATES CODE ANNOTATED
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A--PUBLIC HEALTH SERVICE
SUBCHAPTER II--GENERAL POWERS AND DUTIES
PART G--QUARANTINE AND INSPECTION
§ 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
National Advisory Health Council and the Surgeon General.
(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
On recommendation of the National Advisory Health Council, 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 communicable stage and (1) to be moving or about to move from a State to another State; or (2) to be a
probable source of infection to individuals who, while infected with such disease in a communicable 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.