How can the federal government regulate the spread of communicable diseases across state borders?
While public health is traditionally managed by state police powers, the federal government possesses specific authority to regulate the spread of communicable diseases across state lines.1
Under the Public Health Service Act (1944), the surgeon general, with approval from the secretary of health and human services, is authorized to enforce regulations necessary to prevent the transmission of communicable diseases between states or from foreign countries. These regulations may include the apprehension, examination, and detention of individuals reasonably believed to be infected with a communicable disease.1
Additionally, Congress may exercise its authority under the commerce clause to pass legislation related to disease control, as the regulation of interstate movement falls within its constitutional powers. The Centers for Disease Control and Prevention (CDC) supports these efforts by consolidating disease-control data, conducting surveillance, and providing public health programs to prevent the spread of infectious diseases nationwide.12