Who Can Declare A Public Health Emergency?
Public health legal authority has traditionally rested with the states, as the powers of isolation, quarantine, and other public heath powers are considered part of the police powers expressly reserved to the states under the Constitution. 4 For example, the MSEHP Act vests the power to declare a public health emergency in the governors of the various states. 5 At the federal level, Section 319(a) of the Public Health Service (“PHS”) Act (42 U.S.C. § 247d), authorizes the Secretary of the Department of Health and Human Services (“HHS Secretary”) to declare a public health emergency and “take such action as may be appropriate to respond” to that emergency consistent with existing authorities. Finally, the President may also declare an emergency under the National Emergencies Act (50 U.S.C. § 1601 et seq.). 6 C. When Is Modification Of Intellectual Property Rights Permissible Under Eminent Domain Law? In order for the government to exercise its eminent domain power, two conditions must e
