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PUBLIC HEALTH EMERGENCY DECLARATION QUESTIONS …

1 PUBLIC HEALTH EMERGENCY DECLARATION QUESTIONS AND answers Under section 319 of the PUBLIC HEALTH Service (PHS) Act, the Secretary of the Department of HEALTH and Human Services ( Secretary ) can declare a PUBLIC HEALTH EMERGENCY ( PHE ). QUESTIONS have arisen from states, political subdivisions, and the healthcare community regarding PHE declarations. The following is not an exhaustive review of section 319 of the PHS Act or of PHE declarations in all contexts, nor a protocol for the Department of HEALTH and Human Services (HHS) implementation of a PHE DECLARATION . Overview Under section 319 of the PHS Act, the Secretary can declare a PHE if he determines, after consulting with such PUBLIC HEALTH officials as may be necessary, that 1) a disease or disorder presents a PHE or 2) a PHE, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists. A PHE DECLARATION allows the Secretary to take certain actions in response to the PHE.

QUESTIONS AND ANSWERS Under section 319 of the Public Health Service (PHS) Act, the Secretary of the Department of Health and Human Services (“Secretary”) can declare a public health emergency (“PHE”). Questions have arisen from states, political subdivisions, and the healthcare community regarding PHE declarations.

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