!PUBLIC HEALTH EMERGENCY DECLARATION
QUESTIONS AND ANSVt1ERS
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 follov;ing 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, othenvise exists. A PHE declaration allows the Secretary
to take certain actions in response to the PHE. In addition, a public health emergency can
be a necessary step in authorizing the Secretary to take a variety of discretionary actions
to respond to the PHE under the statutes HHS administers.
1. ‘hat actions may the Secretary take under section 319 of the PHS Act when he
declares a PHE?
Under section 319 of the PHS Act, when the Secretary has declared a PHE, consistent
with his other statutory authorities, he can take such action as may be appropriate to
respond to the PHE including making grants; entering into contracts; and conducting and
supporting investigations into the cause, treatment, or prevention of the disease or
disorder. In addition, the Secretary may access funds appropriated to the Public Health
Emergency Fund (although currently there are no funds appropriated to this Fund).
Finally, the Secretary may grant extensions or waive sanctions relating to submission of
data or reports required under HHS laws, when the Secretary determines that as a result
of the PHE, individuals or public or private entities are unable to comply with deadlines
for such data or reports.
2. ‘hat other discretionary actions may the Secretary take to respond to a PHE
that require a PHE declaration?
A PHE declaration can be a necessary step in enabling the Secretary to take a variety of
discretionary actions to respond to the PHE. Certain authorities have been added to the
PHS Act; the Social Security Act (SSA); the Federal Food, Drug, and Cosmetic Act
(FFDCA); and other laws administered by the Secretary that permit the Secretary to take
certain actions when he has declared a PHE under section 319 of the PHS Act.
For example, the Secretary may: