o Isolation: separation for the period of communicability for infected people. o Civil commitment: power to detain during the course of the infection. (refused to be isolated – states of power to civil commitment) • Standard for confinement in a public health emergency: 4-part test o A compelling state interest that is substantially furthered by the confinement (others will get sick, perhaps die) o A well-targeted intervention (not over-inclusive or under-inclusive) o The level of detention is the least restrictive alternative available and (not isolate a person, as commitment should be) o The prisoner is provided with procedural due process as required by the law (was the trial fair) ?)• Role of State Attorney General: Chief of State Law, elected official in 43 states, broad power to protect and promote public health. • Examples of using power to protect and promote public health: tobacco enforcement and control activities, nutritional supplements, end-of-life care, use of antitrust reviews and analyzes to examine hospital mergers, Medicaid
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