Laws on Contagious Disease Quarantine
Kelly O’Connell
Environmental Health Concerns 4808
Project 5
There are two principal sources of current legal thinking on quarantine for contagious diseases. The first originates in the law of quarantine itself. The second concerns civil commitment. Quarantine laws are limited to controlling infectious diseases. Civil commitment laws govern incarceration when people are a danger to themselves or others, are mentally ill and unable to care for themselves, or present a danger to others because they spread infectious disease.
Before antibiotics, quarantine was important in preventing the spread of infection. Since it was not possible to attack bacterial causes of disease directly, sources of disease had to be kept away from other people. According to a recent study in the Journal of the American Medical Association, many state statutes which address the control of contagious diseases have been on the books since the turn of the century. The leading case on quarantine, Jacobson v. Massachusetts was decided in 1905. Even more recent statutes were enacted forty years ago. Only ten states have substantially changed their TB-related law within the last few years.
The public health powers in state statutes include: compulsory examination and treatment, emergency detention and quarantine. Quarantine may be defined as either in-home isolation or commitment to state facilities. These measures are accomplished through public health orders or court orders. Some states have civil and/or criminal penalties for failing to comply with a such an order. Other statutes do not spell out penalties.
Some statutes define which diseases are contagious and therefore subject to quarantine regulations. Others authorize state health departments to decide which illnesses are contagious. Some empower public health authorities to make quarantine or isolation decisions without any direction as to illnesses or conditions.
Thirty-three states permit authorities to isolate people in their
Environmental Health Concerns 4808
Project 5
There are two principal sources of current legal thinking on quarantine for contagious diseases. The first originates in the law of quarantine itself. The second concerns civil commitment. Quarantine laws are limited to controlling infectious diseases. Civil commitment laws govern incarceration when people are a danger to themselves or others, are mentally ill and unable to care for themselves, or present a danger to others because they spread infectious disease.
Before antibiotics, quarantine was important in preventing the spread of infection. Since it was not possible to attack bacterial causes of disease directly, sources of disease had to be kept away from other people. According to a recent study in the Journal of the American Medical Association, many state statutes which address the control of contagious diseases have been on the books since the turn of the century. The leading case on quarantine, Jacobson v. Massachusetts was decided in 1905. Even more recent statutes were enacted forty years ago. Only ten states have substantially changed their TB-related law within the last few years.
The public health powers in state statutes include: compulsory examination and treatment, emergency detention and quarantine. Quarantine may be defined as either in-home isolation or commitment to state facilities. These measures are accomplished through public health orders or court orders. Some states have civil and/or criminal penalties for failing to comply with a such an order. Other statutes do not spell out penalties.
Some statutes define which diseases are contagious and therefore subject to quarantine regulations. Others authorize state health departments to decide which illnesses are contagious. Some empower public health authorities to make quarantine or isolation decisions without any direction as to illnesses or conditions.
Thirty-three states permit authorities to isolate people in their
References: State Quarantine and Isolation Laws Page 23-24 www.miamicountyhealth.net/.../Quarantine%20Laws%20in%20Ohio....