Public Health Service Act

The Public Health Service Act is a United States federal law enacted in 1944.[2] The full act is codified in Title 42 of the United States Code (The Public Health and Welfare), Chapter 6A (Public Health Service).[3]

Public Health Service Act
Long titleAn Act to consolidate and revise the laws relating to the Public Health Service, and for other purposes.
Enacted bythe 78th United States Congress
EffectiveJuly 1, 1944
Citations
Public lawPub.L. 78–410
Statutes at Large58 Stat. 682, Chapter 373
Codification
Titles amended42 U.S.C.: Public Health and Social Welfare
U.S.C. sections created42 U.S.C. ch. 6A § 201 et seq.
Legislative history
  • Introduced in the House as H.R. 4624 by Alfred L. Bulwinkle (D–NC) on April 18, 1944
  • Committee consideration by Committee on Interstate and Foreign Commerce, Senate Education and Labor
  • Passed the House on May 22, 1944 (Passed)
  • Passed the Senate on June 22, 1944 (Passed) with amendment
  • House agreed to Senate amendment on June 23, 1944 (Agreed)
  • Signed into law by President Franklin D. Roosevelt on July 1, 1944
Major amendments
Family Planning Services and Population Research Act of 1970
National Cancer Act of 1971
Health Insurance Portability and Accountability Act of 1996
Muscular Dystrophy Community Assistance Research and Education Amendments of 2001
Hematological Cancer Research Investment and Education Act of 2001[1]
Newborn Screening Saves Lives Act of 2007
Patient Protection and Affordable Care Act of 2010
Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 (H.R. 307; 113th Congress)

Contents

The act clearly established the federal government's quarantine authority for the first time. It gave the United States Public Health Service responsibility for preventing the introduction, transmission and spread of communicable diseases from foreign countries into the United States.[4]

The Public Health Service Act granted the original authority for scientists and special consultants to be appointed "without regard to the civil-service laws", known as a Title 42 appointment.[5]

During COVID-19 pandemic, section 42 U.S.C. § 265 has been used for Title 42 expulsion.

Amendments

It has since been amended many times. Some of these amendments are:

Proposed amendments

Other attempted amendments to the act have bee proposed but failed:

  • Stem Cell Research Enhancement Acts of 2005 and 2007
  • 115TH CONGRESS 1ST SESSION H. R. 708 To amend title XXVII of the Public Health Service Act to change the permissible age variation in health insurance premium rates.[8]
  • One proposal to amend the Public Health Service Act is the Veteran Emergency Medical Technician Support Act of 2013 (H.R. 235), a bill in the 113th United States Congress. The bill was introduced on January 14, 2013 by Rep. Adam Kinzinger (R-IL).[9] It passed the United States House of Representatives on February 12, 2013 by a voice vote, indicating that it was generally non-controversial. The Bill would amend the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a demonstration program for states with a shortage of emergency medical technicians (EMTs) to streamline state requirements and procedures to assist veterans who completed military EMT training while serving in the Armed Forces to meet state EMT certification, licensure, and other requirements. The bill still needs to pass in the United States Senate and be signed by the President of the United States before it would become law.
  • The Children's Hospital GME Support Reauthorization Act of 2013 (H.R. 297; 113th Congress) is a bill in the 113th United States Congress that would amend the Public Health Service Act to extend and reauthorize appropriations for payments to children's hospitals for expenses associated with operating approved graduate medical residency training programs. The portion of the Public Health Service Act that would be amended is Section 340E (42 U.S.C. 256e). The amendment would cover Fiscal Years 2013 - 2017.[10] H.R. 297 passed the United States House of Representatives with a vote of 352-50 on February 4, 2013 (Roll no. 32).
  • Emergency Medical Services for Children Reauthorization Act of 2014 (S. 2154; 113th Congress) is a bill in the 113th United States Congress that would amend the Public Health Service Act to reauthorize the Emergency Medical Services for Children Program through FY2019.[11]

References

  1. "Hematological Cancer Research Investment and Education Act of 2001" Archived 2009-06-26 at the Wayback Machine OLPA Legislative Updates
  2. Roosevelt, Franklin D. (July 1, 1944). "Statement of the President on Signing the Public Health Service Act - July 1, 1944". Internet Archive. Washington, D.C.: National Archives and Records Service. pp. 191–193.
  3. "Public Health Service Act". U.S. Food and Drug Administration. Retrieved 29 July 2007.
  4. History of Quarantine at the Centers for Disease Control and Prevention site. Retrieved 30 September 2014.
  5. "Pay for Consultants and Scientists Appointed under Title 42". U.S. Government Accountability Office. B-323357. 2012-07-12. pp. 2–3. Retrieved 2019-03-03.
  6. US Office of Population Affairs - Legislation Archived 2008-09-20 at the Wayback Machine
  7. "OPA: PUBLIC LAW 91-572-DEC. 24, 1970".
  8. Bucshon, Larry (3 February 2017). "H.R.708 - 115th Congress (2017-2018): State Age Rating Flexibility Act of 2017". www.congress.gov.
  9. "H.R. 235 - Congress.gov". United States Congress. 13 February 2013. Retrieved April 1, 2013.
  10. "H.R. 297 - text". United States Congress. 7 February 2013. Retrieved 8 April 2013.
  11. "S. 2154 - Summary". United States Congress. Retrieved 11 September 2014.
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