U.S Code last checked for updates: Jun 21, 2024
§ 264.
Regulations to control communicable diseases
(a)
Promulgation and enforcement by Surgeon General
(b)
Apprehension, detention, or conditional release of individuals
(c)
Application of regulations to persons entering from foreign countries
(d)
Apprehension and examination of persons reasonably believed to be infected
(1)
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 qualifying stage and (A) to be moving or about to move from a State to another State; or (B) to be a probable source of infection to individuals who, while infected with such disease in a qualifying 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.
(2)
For purposes of this subsection, the term “qualifying stage”, with respect to a communicable disease, means that such disease—
(A)
is in a communicable stage; or
(B)
is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.
(e)
Preemption
(July 1, 1944, ch. 373, title III, § 361, 58 Stat. 703; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86–624, § 29(c), July 12, 1960, 74 Stat. 419; Pub. L. 94–317, title III, § 301(b)(1), June 23, 1976, 90 Stat. 707; Pub. L. 107–188, title I, § 142(a)(1), (2), (b)(1), (c), June 12, 2002, 116 Stat. 626, 627.)
cite as: 42 USC 264