QUARANTINE LAW

QUARANTINE LAW

Abstract

While each state has its own set of quarantine laws, the detail included in the law differs widely from state to state. Most states have several layers of authority with regard to quarantine and isolation, ranging from the state governor to county boards of health to mayors. Below is a general discussion of certain similarities and differences between state quarantine laws based on authority, enforcement, and penalties for non-compliance. This is not, however, an exhaustive analysis of each state's laws; it is critical that the practitioner review the details of the applicable statutes when considering these questions. Also below is a discussion of federal quarantine law and its interplay with state quarantine laws.

Table of Contents

Abstract2

Introduction4

Analysis5

The Scope of Quarantine5

Scope of Quarantine Law5

Authority to Impose Quarantine7

Enforcement of Quarantine8

Other Police Powers10

Penalties11

Additional Provisions12

Federal Quarantine Law13

Ohio Quarantine Law14

Conclusion18

References20

QUARANTINE LAW

Introduction

There are two main sources of existing authorized philosophy on quarantine for infectious diseases. The first has developed from the law of quarantine. The second is concerning the civil assurance mediation. Quarantine laws are restricted to controlling the communicable diseases. The obligation laws of the civil government preside over the imprisonment, when people are becoming a threat to themselves or others around them and are psychologically unfit and are not in a position to think about them, or are a threat for the society on the whole because they can spread the disease in the society.

A research, which was published in the Journal of the American Medical Association, shows that many state statutes that tackle the management of the infectious diseases have been on the books since the start of the century. The most important case on quarantine was decided in the year 1905, which involved Jacobson v. Massachusetts. The current statutes dealing with quarantine were established some forty five years ago. Only a few states have made considerable changes in the quarantine laws within the past few years.

The public health authority in the statutes of the state includes the obligatory analysis and action, crisis imprisonment and quarantine. Quarantine could be defined as either home imprisonment or pledge to the facilities provided by the state. These measures are achieved through the health orders relating to the public or the orders made by the court. A few states have criminal and civil punishments for not complying with a such an order.

Analysis

The Scope of Quarantine

For purposes of this memorandum, the term "quarantine" will be used to refer to the ability to limit the movement of persons due to public health concerns. Quarantine is typically imposed on those with a history of exposure to a contagious disease or other communicable public health threat, in the hopes of limiting further transmission. While often a distinction is made between quarantine, which is imposed on those who have been exposed, but are not yet symptomatic or known to be ill, and isolation, which refers to those who are known to be ill and are confined, this memorandum does not make that ...