When can a person be apprehended for a quarantinable communicable disease? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
Details / How it works
Section 70.6, published at 82 FR 6971 on January 19, 2017, grants the Director of the Centers for Disease Control and Prevention, acting on behalf of the HHS Secretary, authority to apprehend, medically examine, quarantine, isolate, or conditionally release individuals. Apprehension applies to a quarantinable communicable disease — a condition specified by the President through Executive Order (e.g., cholera, diphtheria, infectious tuberculosis, plague, smallpox, viral hemorrhagic fevers, severe acute respiratory syndromes).
A qualifying stage means a communicable stage, such as the incubation period or active illness, during which transmission is possible. Apprehension targets individuals crossing or about to cross state lines.
Numbers & thresholds
| Trigger | Threshold |
|---|---|
| Reasonable belief of infection | In a qualifying stage (communicable or likely to become communicable) |
| Geographic trigger | Moving or about to move from one State into another |
| Alternative trigger | Probable source of infection to others who may be moving interstate |
| Effective date of § 70.6 | January 19, 2017 (82 FR 6971) |
| Authorizing statute | Public Health Service Act (42 U.S.C. 264) |
Exceptions & edge cases
Apprehension authority is limited to quarantinable communicable diseases designated by Executive Order; it does not extend to other communicable conditions. If state or local measures are sufficient, the Director's broader intervention authority under 42 CFR § 70.2 is not triggered. The Director must arrange adequate food, water, accommodation, medical treatment, and communication access (including contact with legal counsel) for any individual apprehended or held under Part 70.
Sources
- [1]U.S. Government Publishing Office / Centers for Disease Control and Prevention — 42 CFR 70.6 — Federal apprehension and detention for quarantinable communicable diseases · as of 2026-08-28
- [2]U.S. Government Publishing Office / Centers for Disease Control and Prevention — 42 CFR 70.2 — Measures in the event of inadequate local control of communicable disease · as of 2026-08-28
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