The federal government has the full mandate of all the states in the United States to execute and implement laws of quarantine as well as those of isolation when necessary. This is as stated in the Constitution of the United States in the Commerce Clause. According to the Clause, section 361 that is associated with the Public Health Services Act, the Secretary in the that holds the position of Health and Human services docket can authorize the execution of any necessary measures in order to stop the spread of communicable diseases. This applies to the visitors from foreign countries in addition to the citizens of the United States
Center for Disease Control is an organ in the health sector of the United States that is mandated with the power to retain travelers and examine them medically with the aim of controlling the spread of communicable diseases. This is directed at those that travel into the United States. The organ does monitor all the airports, the ports and any passengers arriving by different means of transport into the United States for any symptoms of diseases that are
State, Local and Tribal Law
For the states to protect its citizens, they have laws to put into action isolation and quarantine in case there is an eruption of communicable diseases within its borders. In other states, the local health authorities implement the state law of isolation and quarantine (Topinka, 2009). Every community has the authority of taking any action that is meant to protect its tribal members in case of any outbreak of these communicable diseases. Tribal health officials may come up with their isolation and quarantine laws in their areas.
Discuss the laws and regulations governing the control of communicable diseases.
The Department of Health and Human Services has a secretary who is mandated constitutionally to lead the prevention and monitoring team in a bid to minimize the spread and transmission of the communicable diseases. This responsibility is fulfilled by the active efforts of the Division of Global Migration and Quarantine through numerous activities such as;
Establishment of standards for individuals who may want to travel to the United States for examinations. Every person who travels to the U.S must undergo medical checkup for communicable diseases.
The operation of Quarantine Stations at Ports. All ports should have quarantine stations to help in detaining individuals who may have communicable diseases.
Formulation of policies that are directed at governing the interstate and foreign quarantine limiting the movement of people, cargo, and animals. International and interstate movement of people should be closely monitored to avoid spread and transmission of communicable diseases.
Discuss issues of human rights, personal freedom, and governmental power associated with quarantine policy.
When institutional bodies or individuals are given the power to control communicable diseases, they must always apply ethical tenets on how they are going to use these powers. The affected individuals should be treated well in the quarantine stations. They should also be compensated in case of any loss. Sometimes personal freedom is limited during quarantine. Individuals are not allowed to move freely as they would when there was no quarantine. The freedom of individuals is confined to the quarantine stations. The government has the power to detain its citizens in case there is an outbreak of communicable diseases or any other pandemic. This mandate is given to the government by the constitution.
Hao, N. & Fearon, G. (2009). Government Funding Policy Towards Communicable Diseases. Atlantic Economic Journal, 37(2).
Topinka, J. (2009). Yaw, Pitch, and Roll. Journal Of Legal Medicine, 30(1), 51-81.
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