Public Transit Emergency Preparedness Against Ebola and Other Infectious Diseases: Legal Issues (2017) / Chapter Skim
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Pages 28-37
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28 point of entry into the healthcare system for travelers with serious infectious diseases."268 Although screening and prescreening measures are still implemented during respiratory illnesses,269 WHO, in subsequent respiratory outbreaks, has suggested that the more appropriate intervention should include communicating information to all air travel passengers about avoiding individuals infected with the specific illness, and where to obtain medical help at their destination.270 Some screening measures recommended at the POEs include: • Health advice and alerts for travelers. • Health declaration form/card.
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29 laws for the safety and the protection of the health of their inhabitants" was "beyond question."279 In addition to states' constitutional powers, all states have developed statutes that outline more explicitly the powers of specific actors to quarantine and isolate, as well as procedures for doing so.280 These actors typically include state governors, state health officials, local health officers or local boards of health. Each of these is discussed below.
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30 the ability of state health officials to inspect carriers and take appropriate action. For example, West Virginia states that the state director of health shall have power to enter into any town, city, factory, railroad train, steamboat or other place whatsoever, and enter upon and inspect private property for the purpose of investigating the sanitary and hygienic conditions and the presence of cases of infectious diseases, and may, at his discretion, take charge of any epidemic or endemic conditions, and enforce such regulations as the state board of health may prescribe.
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31 extend to transportation and transit authorities during quarantine and isolation efforts. In addition, a few states invest the state transportation official with the right, when they "determin[e]
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32 twenty U.S. Quarantine Stations, located at "ports of entry and land border crossings; and use[s]
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33 D Federal vs.
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34 E Additional Legal Issues with Quarantine and Isolation 1.
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35 Additionally, although all states specify some due process for appealing a quarantine and isolation order, a few state explicitly that individuals may appeal the terms, treatment, or condition of their quarantine.356 b) State Specifications for Due Process Governors, state health officials, and local health officials are circumscribed by processes to ensure citizens cannot be subject to quarantine and isolation without some form of judicial review or due process.
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36 unwanted legal actions. For additional discussion, see the following case study on Kaci Hickox.367 4.
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37 That same day, New Jersey authorities re- leased Hickox.381 Some states followed the CDC's guidance. Minnesota, for example, announced an Ebola observation plan on October 27 that was similar to the CDC's guidance.382 It is interesting to note that the Minnesota plan did not impose quarantine or isolation on returning healthcare workers unless they had been directly exposed to the virus.
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