Authorizing Legilsation: 42 CFR Part 70

SUBCHAPTER F—QUARANTINE, INSPECTION, LICENSING
PART 70—INTERSTATE QUARANTINE
Sec.
70.1 General definitions.
70.2 Measures in the event of inadequate
local control.
70.3 All communicable diseases.
70.4 Report of disease.
70.5 Certain communicable diseases; special
requirements.
70.6 Apprehension and detention of persons
with specific diseases.
70.7 Responsibility with respect to minors,
wards, and patients.
70.8 Members of military and naval forces.
70.9 Vaccination clinics.
AUTHORITY: Secs. 215 and 311 of the Public
Health Service (PHS) Act, as amended (42
U.S.C. 216, 243); section 361–369, PHS Act, as
amended (42 U.S.C. 264–272); 31 U.S.C. 9701.
SOURCE: 65 FR 49908, Aug. 16, 2000, unless
otherwise noted.

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§ 70.1

General definitions.

As used in this part, terms shall have
the following meaning:
CDC means the Centers for Disease
Control and Prevention, Department of
Health and Human Services.
Communicable diseases means illnesses
due to infectious agents or their toxic
products, which may be transmitted
from a reservoir to a susceptible host
either directly as from an infected person or animal or indirectly through the
agency of an intermediate plant or animal host, vector, or the inanimate environment.
Communicable period means the period
or periods during which the etiologic
agent may be transferred directly or
indirectly from the body of the infected person or animal to the body of
another.
Conditional release means ‘‘surveillance’’ as that term is defined in 42
CFR 71.1.
Conveyance means any land or air
carrier, or any vessel as defined in
paragraph (h) of this section.
Director means the Director, Centers
for Disease Control and Prevention,
Department of Health and Human
Services, or another authorized representative as approved by the CDC Director or the Secretary of HHS.

Incubation period means the period
between the implanting of disease organisms in a susceptible person and the
appearance of clinical manifestation of
the disease.
Interstate traffic means:
The movement of any conveyance or
the transportation of persons or property, including any portion of such
movement or transportation that is entirely within a State or possession—
From a point of origin in any State
or possession to a point of destination
in any other State or possession; or
Between a point of origin and a point
of destination in the same State or possession but through any other State,
possession, or contiguous foreign country.
Interstate traffic does not include
the following:
The movement of any conveyance
which is solely for the purpose of unloading persons or property transported from a foreign country, or loading persons or property for transportation to a foreign country.
The movement of any conveyance
which is solely for the purpose of effecting its repair, reconstruction, rehabilitation, or storage.
Isolation means the separation of an
individual or group reasonably believed
to be infected with a quarantinable
communicable disease from those who
are healthy to prevent the spread of
the quarantinable communicable disease.
Master or Operator means the aircrew
or sea crew member with responsibility
respectively for aircraft or vessel operation and navigation, or a similar individual with responsibility for a conveyance.
Possession means U.S. Territory.
Quarantine means the separation of
an individual or group reasonably believed to have been exposed to a quarantinable communicable disease, but
who are not yet ill, from others who
have not been so exposed, to prevent
the possible spread of the quarantinable communicable disease.
Quarantinable communicable disease
means any of the communicable diseases listed in an Executive Order, as

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§ 70.2

42 CFR Ch. I (10–1–13 Edition)

provided under section 361 of the Public
Health Service Act. Executive Order
13295, of April 4, 2003, as amended by
Executive Order 13375 of April 1, 2005,
contains the current revised list of
quarantinable communicable diseases,
and may be obtained at http://
www.cdc.gov
and
http://
www.archives.gov/federallregister.
If
this Order is amended, HHS will enforce that amended order immediately
and update that Web site.
State means any of the 50 states, plus
the District of Columbia.
U.S. Territory means any territory
(also known as possessions) of the
United States, including American
Samoa, Guam, the Northern Mariana
Islands, the Commonwealth of Puerto
Rico, and the U.S. Virgin Islands.
Vessel means any passenger-carrying,
cargo, or towing vessel exclusive of:
Fishing boats including those used
for shell-fishing;
Tugs which operate only locally in
specific harbors and adjacent waters;
Barges without means of self-propulsion;
Construction-equipment boats and
dredges; and
Sand and gravel dredging and handling boats.
[65 FR 49908, Aug. 16, 2000, as amended at 77
FR 75884, Dec. 26, 2012]

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§ 70.2 Measures in the event of inadequate local control.
Whenever the Director of the Centers
for Disease Control and Prevention determines that the measures taken by
health authorities of any State or possession (including political subdivisions thereof) are insufficient to prevent the spread of any of the communicable diseases from such State or
possession to any other State or possession, he/she may take such measures
to prevent such spread of the diseases
as he/she deems reasonably necessary,
including inspection, fumigation, disinfection, sanitation, pest extermination, and destruction of animals or
articles believed to be sources of infection.
§ 70.3 All communicable diseases.
A person who has a communicable
disease in the communicable period
shall not travel from one State or pos-

session to another without a permit
from the health officer of the State,
possession, or locality of destination, if
such permit is required under the law
applicable to the place of destination.
Stop-overs other than those necessary
for transportation connections shall be
considered as places of destination.
§ 70.4 Report of disease.
The master of any vessel or person in
charge of any conveyance engaged in
interstate traffic, on which a case or
suspected case of a communicable disease develops shall, as soon as practicable, notify the local health authority at the next port of call, station, or
stop, and shall take such measures to
prevent the spread of the disease as the
local health authority directs.
§ 70.5 Certain communicable diseases;
special requirements.
The following provisions are applicable with respect to any person who is
in the communicable period of cholera,
plague, smallpox, typhus or yellow
fever, or who, having been exposed to
any such disease, is in the incubation
period thereof:
(a) Requirements relating to travelers.
(1) No such person shall travel from
one State or possession to another, or
on a conveyance engaged in interstate
traffic, without a written permit of the
Surgeon General or his/her authorized
representative.
(2) Application for a permit may be
made directly to the Surgeon General
or to his/her representative authorized
to issue permits.
(3) Upon receipt of an application,
the Surgeon General or his/her authorized representative shall, taking into
consideration the risk of introduction,
transmission, or spread of the disease
from one State or possession to another, reject it, or issue a permit that
may be conditioned upon compliance
with such precautionary measures as
he/she shall prescribe.
(4) A person to whom a permit has
been issued shall retain it in his/her
possession throughout the course of
his/her authorized travel and comply
with all conditions prescribed therein,
including presentation of the permit to
the operators of conveyances as required by its terms.

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Public Health Service, HHS

Pt. 71

(b) Requirements relating to operation
of conveyances. (1) The operator of any
conveyance engaged in interstate traffic shall not knowingly:
(i) Accept for transportation any person who fails to present a permit as required by paragraph (a) of this section;
or
(ii) Transport any person in violation
of conditions prescribed in his/her permit.
(2) Whenever a person subject to the
provisions of this section is transported on a conveyance engaged in
interstate traffic, the operator thereof
shall take such measures to prevent
the spread of the disease, including
submission of the conveyance to inspection, disinfection and the like, as
an officer of the Public Health Service
designated by the Surgeon General for
such purposes deems reasonably necessary and directs.
§ 70.6 Apprehension and detention of
persons with specific diseases.
Regulations prescribed in this part
authorize the detention, isolation,
quarantine, or conditional release of
individuals, for the purpose of preventing the introduction, transmission,
and spread of the communicable diseases listed in an Executive Order setting out a list of quarantinable communicable diseases, as provided under
section 361(b) of the Public Health
Service Act. Executive Order 13295, of
April 4, 2003, as amended by Executive
Order 13375 of April 1, 2005, contains the
current revised list of quarantinable
communicable diseases, and may be obtained at http://www.cdc.gov/quarantine
and
http://www.archives.gov/
federallregister. If this Order is amended, HHS will enforce that amended
order immediately and update its Web
site.

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[77 FR 75884, Dec. 26, 2012]

§ 70.7 Responsibility with respect to
minors, wards, and patients.
A parent, guardian, physician, nurse,
or other such person shall not transport, or procure or furnish transportation for any minor child or ward, patient or other such person who is in the
communicable period of a communicable disease, except in accordance
with provisions of this part.

§ 70.8 Members of military and naval
forces.
The provisions of §§ 70.3, 70.4, 70.5,
70.7, and this section shall not apply to
members of the military or naval
forces, and medical care or hospital
beneficiaries of the Army, Navy, Veterans’
Administration,
or
Public
Health Service, when traveling under
competent orders: Provided, That in the
case of persons otherwise subject to the
provisions of § 70.5 the authority authorizing the travel requires precautions to prevent the possible transmission of infection to others during
the travel period.
§ 70.9

Vaccination clinics.

(a) The Director may establish vaccination clinics, through contract or
otherwise, authorized to administer
vaccines and/or other prophylaxis.
(b) A vaccination fee may be charged
for individuals not enrolled in Medicare Part B to cover costs associated
with administration of the vaccine and/
or other prophylaxis. Such fee is to be
collected at the time that the vaccine
is administered. The vaccination fee, if
imposed, is shown in the following
table:
Vaccine

Effective
dates

Amount

Fluarix ........................................

11/25/05

2 $25.00

1 Continuing

for one year.
2 $7.00 for the vaccine and $18.00 for administration.

[70 FR 3493, Jan. 25, 2005]

PART 71—FOREIGN QUARANTINE
Subpart A—Definitions and General
Provisions
Sec.
71.1 Scope and definitions.
71.2 Penalties.
71.3 Designation of yellow fever vaccination
centers; Validation stamps.

Subpart B—Measures at Foreign Ports
71.11

Bills of health.

Subpart C—Notice of Communicable
Disease Prior to Arrival
71.21

Radio report of death or illness.

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