Public Health Service Act

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Public Health Service Act
Great Seal of the United States (obverse).svg
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 law 78-410
Statutes at Large 58  Stat.   682, Chapter 373
Codification
Titles amended 42 U.S.C.: Public Health and Social Welfare
U.S.C. sections created 42 U.S.C. ch. 6A § 201 et seq.
Legislative history
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)

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

Law of the United States Overview of United States law

The law of the United States comprises many levels of codified and uncodified forms of law, the supreme of which is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.

Title 42 of the United States Code is the United States Code dealing with public health, social welfare, and civil rights.

United States Public Health Service division of the U.S. Department of Health and Human Services concerned with public health

The United States Public Health Service (USPHS) is a division of the Department of Health and Human Services concerned with public health. It contains eight out of the department's eleven operating divisions. The Assistant Secretary for Health (ASH) oversees the PHS. The Public Health Service Commissioned Corps (PHSCC) is the federal uniformed service of the USPHS, and is one of the seven uniformed services of the United States.

Contents

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]

Federal government of the United States National government of the United States

The federal government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories and several island possessions. The federal government is composed of three distinct branches: legislative, executive and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.

Quarantine Epidemiological intervention to prevent disease transmission

A quarantine is used to separate and restrict the movement of people; it is a "restraint upon the activities or communication of persons or the transport of goods designed to prevent the spread of disease or pests," for a certain period of time. This is often used in connection to disease and illness, such as those who may possibly have been exposed to a communicable disease, but do not have a confirmed medical diagnosis. The term is often erroneously used to mean medical isolation, which is "to separate ill persons who have a communicable disease from those who are healthy," and refers to patients whose diagnosis has been confirmed.

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]

A Title 42 appointment is an excepted service employment category in the United States federal civil service. It allows scientists and special consultants to be hired as part of the Public Health Service or Environmental Protection Agency under a streamlined process "without regard to the civil-service laws". Courts have ruled that, although Title 42 appointments are exempt from hiring and compensation provisions of civil service laws, they are still entitled to protections relating to termination, including appeals to the Merit Systems Protection Board.

Amendments to the Public Health Service Act

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

An Act of Congress is a statute enacted by the United States Congress. It can either be a Public Law, relating to the general public, or a Private Law, relating to specific institutions or individuals.

The Title X Family Planning Program, officially known as Public Law 91-572 or "Population Research and Voluntary Family Planning Programs", was enacted under President Richard Nixon in 1970 as part of the Public Health Service Act. Title X is the only federal grant program dedicated solely to providing individuals with comprehensive family planning and related preventive health services. Title X is legally designed to prioritize the needs of low-income families or uninsured people who might not otherwise have access to these health care services. These services are provided to low-income and uninsured individuals at reduced or no cost. Its overall purpose is to promote positive birth outcomes and healthy families by allowing individuals to decide the number and spacing of their children.

Family planning planning of when to have children, and the use of birth control and other techniques to implement such plans

Family planning services are defined as "educational, comprehensive medical or social activities which enable individuals, including minors, to determine freely the number and spacing of their children and to select the means by which this may be achieved". Family planning may involve consideration of the number of children a woman wishes to have, including the choice to have no children, as well as the age at which she wishes to have them. These matters are influenced by external factors such as marital situation, career considerations, financial position, and any disabilities that may affect their ability to have children and raise them. If sexually active, family planning may involve the use of contraception and other techniques to control the timing of reproduction.

Failed amendments to the Public Health Service Act

Other attempted amendments to the act have failed, such as the Stem Cell Research Enhancement Acts of 2005 and 2007.

Stem Cell Research Enhancement Act was the name of two similar bills that both passed through the United States House of Representatives and Senate, but were both vetoed by President George W. Bush and were not enacted into law.

Proposed amendments to the Public Health Service Act

Veteran Emergency Medical Technician Support Act of 2013

The Veteran Emergency Medical Technician Support Act of 2013 is a bill in the 113th United States Congress. The bill was introduced on January 14, 2013 by Rep. Adam Kinzinger (R-IL). It passed the United States House of Representatives on February 12, 2013 by a voice vote, indicating that it was generally non-controversial.

113th United States Congress 2013–2015 legislative term

The One Hundred Thirteenth United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Barack Obama's presidency. It was composed of the United States Senate and the United States House of Representatives based on the results of the 2012 Senate elections and the 2012 House elections. The seats in the House were apportioned based on the 2010 United States Census. It first met in Washington, D.C. on January 3, 2013, and it ended on January 3, 2015. Senators elected to regular terms in 2008 were in the last two years of those terms during this Congress.

Adam Kinzinger American politician

Adam Daniel Kinzinger is the U.S. Representative for Illinois's 16th congressional district. He is a member of the Republican Party. He was first elected to Congress in 2010, winning election to represent Illinois's 11th congressional district. After redistricting, he was re-elected to Congress in 2012, 2014, 2016, and 2018 to represent Illinois's 16th congressional district.

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The Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP) is a United States federal program to establish and implement guidelines and standards for the registration, credentialing, and deployment of medical professionals in the event of a large scale national emergency. The program is administered under the Assistant Secretary for Preparedness & Response (ASPR) within the Office of Public Health Emergency Preparedness of the United States Department of Health and Human Services. The ESAR-VHP standards are mandated to American states and territories, enabling an enhanced national interstate and intrastate system for using and sharing medical professionals.

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Office of the Assistant Secretary for Preparedness and Response

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Pandemic and All-Hazards Preparedness Act U.S. Federal law

On December 19, 2006, the Pandemic and All-Hazards Preparedness Act (PAHPA), Public Law No. 109-417, was signed into law by President George W. Bush. PAHPA has broad implications for the United States Department of Health and Human Services's (HHS) preparedness and response activities. Among other things, the act amended the Public Health Service Act to establish within the department a new Assistant Secretary for Preparedness and Response (ASPR); provided new authorities for a number of programs, including the advanced development and acquisitions of medical countermeasures; and called for the establishment of a quadrennial National Health Security Strategy.

Newborn Screening Saves Lives Act of 2007 US law

President George W. Bush signed the Newborn Screening Saves Lives Act of 2007 (Pub.L.110-204) (NBSSLA) into law on April 24, 2008, a day before DNA Day. The Act amended the Public Health Service Act to establish grant programs concerning newborn screening education and outreach, as parents are often unaware that newborn screening takes place and the number and types of screening varies across states. It also established grant programs to coordinate follow-up care, after newborn screening is conducted. The legislation also reauthorized programs under part A of title XI of the Public Health Service Act. In his introductory remarks, Senator Chris Dodd stated that the legislation "protect[s] the most vulnerable members of our society: newborn infants." Newborn Screening is a proven life saving and effective public health tool used to identify thousands of babies in the U.S. born with genetic, metabolic, and congenital conditions. At the time of the legislation's passage, only 15 States along with the District of Columbia required newborns to be screened for 29 core conditions as recommended by the Health Resources and Services Administration/American College of Medical Genetics' 2004 Report.

Pandemic and All-Hazards Preparedness Reauthorization Act of 2013

The Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 is a law enacted by the 113th United States Congress. The Act amends the Public Health Service Act in order to extend, fund, and improve several programs designed to prepare the United States and health professionals in the event of a pandemic, epidemic, or biological, chemical, radiological, or nuclear accident or attack. The Act clarifies the authority of different American officials, makes it easier to temporarily reassign personnel to respond to emergency situations, and alters the process for testing and producing medical countermeasures. The Act is focused on improving preparedness for any public health emergency.

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Childrens Hospital GME Support Reauthorization Act of 2013

The Children’s Hospital GME Support Reauthorization Act of 2013 is a law that amends the Public Health Service Act to authorize payments to children's hospitals for operating training programs that provide graduate medical education. The law authorizes funding for approximately 55 eligible hospitals across 30 different states. The Children’s Hospital GME Support Reauthorization Act of 2013 became law during the 113th United States Congress.

Equitable Access to Care and Health Act

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Autism CARES Act of 2014 US law

The Combating Autism Reauthorization Act of 2014 or Autism Collaboration, Accountability, Research, Education, and Support Act of 2014 or Autism CARES Act of 2014 is a bill that would amend the Public Health Service Act to reauthorize research, surveillance, and education activities related to autism spectrum disorders (autism) conducted by various agencies within the United States Department of Health and Human Services (HHS). The bill authorizes $1.3 billion in funding for fiscal years 2015-2019.

Improving Trauma Care Act of 2014

The Improving Trauma Care Act of 2014 is a bill that would amend the Public Health Service Act, with respect to trauma care and research programs, to include in the definition of "trauma" an injury resulting from extrinsic agents other than mechanical force, including those that are thermal, electrical, chemical, or radioactive.

Trauma Systems and Regionalization of Emergency Care Reauthorization Act

The Trauma Systems and Regionalization of Emergency Care Reauthorization Act is a bill that would amend the Public Health Service Act to authorize funding for public and private entities that provide trauma and emergency care services and for the administration of the Federal Interagency Committee on Emergency Medical Services (FICEMS).

Traumatic Brain Injury Reauthorization Act of 2013

The Traumatic Brain Injury Reauthorization Act of 2013 is a bill that would reauthorize appropriations for Centers for Disease Control and Prevention (CDC) projects to reduce the incidence of traumatic brain injury and projects related to track and monitor traumatic brain injuries.

United States Commission on International Religious Freedom Reauthorization Act of 2014

The United States Commission on International Religious Freedom Reauthorization Act of 2014 is a bill that would amend the International Religious Freedom Act of 1998 to reauthorize the U.S. Commission on International Religious Freedom (USCIRF) as an independent federal government advisory body through FY2019.

Paul D. Wellstone Muscular Dystrophy Community Assistance, Research and Education Amendments of 2013 US law

The Paul D. Wellstone Muscular Dystrophy Community Assistance, Research and Education Amendments of 2013 is a United States public law that amends the Public Health Service Act to revise the muscular dystrophy research program of the National Institutes of Health (NIH).

Emergency Medical Services for Children Reauthorization Act of 2014

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References

  1. 1 2 "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.Cite web requires |website= (help)
  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".Cite web requires |website= (help)
  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. Retrieved April 1, 2013.Cite web requires |website= (help)
  10. "H.R. 297 - text". United States Congress. Retrieved 8 April 2013.Cite web requires |website= (help)
  11. "S. 2154 - Summary". United States Congress. Retrieved 11 September 2014.Cite web requires |website= (help)