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] This Act provided a legislative basis for the provision of public health services in the United States.

Public Health Service Act

Long title	An Act to consolidate and revise the laws relating to the Public Health Service, and for other purposes.
Enacted by	the 78th United States Congress
Effective	July 1, 1944
Citations
Public law	Pub. L. 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
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 the Senate on June 22, 1944  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

Contents

The Public Health Service 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:

• Family Planning Services and Population Research Act of 1970 Pub. L. 91–572, which established Title X of the Public Health Service Act, dedicated to providing family planning services for those in need.^[6][7]
• National Cancer Act of 1971
• Health Insurance Portability and Accountability Act of 1996
• Health Center Consolidation Act of 1996
• National Institute of Biomedical Imaging and Bioengineering Establishment Act of 2000
• 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)
• Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021 (S. 1543; 117th Congress)

Proposed amendments

Other attempted amendments to the act have been 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]

Commentary

Since the passage of the Act, health services in the US subsequently have been marked by a history of underinvestment that has undermined the public health workforce and support for population health.^[12]

References

1. "Hematological Cancer Research Investment and Education Act of 2001" 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 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.
12. Leider, Jonathon P.; Yeager, Valerie A.; Kirkland, Chelsey; Krasna, Heather; Hare Bork, Rachel; Resnick, Beth (1 April 2023). "The State of the US Public Health Workforce: Ongoing Challenges and Future Directions". Annual Review of Public Health. 44 (1): annurev–publhealth–071421-032830. doi:10.1146/annurev-publhealth-071421-032830. ISSN 0163-7525. Retrieved 14 March 2023.

External links

• As codified in 42 U.S.C. chapter 6A of the United States Code from LII
• As codified in 42 U.S.C. chapter 6A of the United States Code from the US House of Representatives
• As amended in the GPO Statute Compilations collection
  • Title I Short Title and Definitions (PDF/details)
  • Title II Administration and Miscellaneous Provisions (PDF/details)
  • Title III General Powers and Duties of Public Health Service (PDF/details)
  • Title IV National Research Institutes (PDF/details)
  • Title V Substance Abuse and Mental Health Services Administration (PDF/details)
  • Title VI Assistance for Construction and Modernization of Hospitals and Other Medical Facilities (PDF/details)
  • Title VII Health Professions Education (PDF/details)
  • Title VIII Nursing Workforce Development (PDF/details)
  • Title IX Agency for Healthcare Research and Quality (PDF/details)
  • Title X Population Research and Voluntary Family Planning Programs (PDF/details)
  • Title XI Genetic Diseases, Hemophilia Programs, and Sudden Infant Death Syndrome (PDF/details)
  • Title XII Trauma Care (PDF/details)
  • Title XIII Health Maintenance Organizations (PDF/details)
  • Title XIV Safe Drinking Water Act (PDF/details)
  • Title XV Preventive Health Measures with Respect to Breast and Cervical Cancers (PDF/details)
  • Title XVI Health Resources Development (PDF/details)
  • Title XVII Health Information and Health Promotion (PDF/details)
  • Title XVIII President's Commission for The Study of Ethical Problems In Medicine and Biomedical and Behavioral Research (PDF/details)
  • Title XIX Block Grants (PDF/details)
  • Title XX Adolescent Family Life Demonstration Projects (PDF/details)
  • Title XXI Vaccines (PDF/details)
  • Title XXII Requirements for Certain Group Health Plans for Certain State and Local Employees (PDF/details)
  • Title XXIII Research with Respect to Acquired Immune Deficiency Syndrome (PDF/details)
  • Title XXIV Health Services with Respect to Acquired Immune Deficiency Syndrome (PDF/details)
  • Title XXV Prevention of Acquired Immune Deficiency Syndrome (PDF/details)
  • Title XXVI HIV Health Care Services Program (PDF/details)
  • Title XXVII Requirements Relating to Health Insurance Coverage (PDF/details)
  • Title XXVIII National All-Hazards Preparedness for Public Health Emergencies (PDF/details)
  • Title XXIX Lifespan Respite Care (PDF/details)
  • Title XXX Health Information Technology and Quality (PDF/details)
  • Title XXXI Data Collection, Analysis, and Quality (PDF/details)
  • Title XXXIII World Trade Center Health Program (PDF/details)
• 78th U.S. Congress (May 23, 1944). . Chapter 373, cited 58 U.S. Stats. 682. U.S. Capitol Visitor Center. Archived from the original on March 6, 2013. Retrieved May 25, 2013.{{cite web}}: CS1 maint: numeric names: authors list (link)