From the Public Health Law Program, Office of the Chief of Public Health Practice, CDC
http://www2a.cdc.gov/phlp/

Announcements

*** Public Health Law 101. The CDC Public Health Law Program has developed an introductory course on public health law as a training resource for public health practitioners, students, and others. The course comprises 9 slide lecture units for delivery to health departments by their legal counsel and by other persons trained in law. Learn more about the course, download the units, and register for updates at http://www2a.cdc.gov/phlp/phl101.

*** Public Health Emergency Legal Preparedness Workshop. The CDC Public Health Law Program will host the "Public Health Emergency Legal Preparedness Workshop" to be held in San Diego, California on February 18, 2009. This workshop is a pre-conference session for the ASTHO-NACCHO Public Health Preparedness Summit, and is the third session in a series of working meetings developed to encourage public health practitioners and their partners to learn about and implement high-priority tools for legal preparedness. To register for the entire Preparedness Summit or for more information, please visit http://www.phprep.org/2009/?CFID=2713607&CFTOKEN=21802067. If you are already registered and want to add this pre-conference workshop to your Preparedness Summit Planner, visit http://www.phprep.org/2009/Agenda/session/Pre-Conference-Workshop-Legal-Preparedness.cfm.

*** Liability and Public Health Emergencies Article. The American Medical Association's (AMA) Disaster Medicine and Public Health Preparedness journal has recently published "Law, Liability, and Public Health Emergencies," by Sharona Hoffman and others. The study addressed how concerns about liability exposure and a lack of guidance on the scope of liability that medical emergency responders could face may make doctors, nurses, and other health care professionals wary of responding to emergencies. The article is available to subscribers at http://www.dmphp.org/cgi/content/abstract/DMP.0b013e318194898dv1.   

*** Law and Lead Poisoning Article. The Tulane Environmental Law Journal has published "Toward Eradication: How Law and Public Health Practices Can Be Used to Prevent Childhood Lead Poisoning," by Montrece Ransom, Melisa Thombley, and Chinyere Ekechi. The article can be found in the Winter 2008 issue of the Journal. The article examines federal, state, and local laws that can be used to combat childhood lead poisoning, and also presents a hypothetical case scenario to demonstrate how law and public health intersect in addressing the issue of lead exposure.

*** APHA Annual Meeting. The American Public Health Association will hold its 137th Annual Meeting in Philadelphia, Pennsylvania, on November 7-11, 2009. The Health Law Special Primary Interest Group is now accepting abstracts for presentation. Visit http://apha.confex.com/apha/137am/oasys.epl for more information and to submit abstracts.

*** Law and Catastrophic Disasters Exercise. The National Legal Preparedness Program, Institute for Public Safety and Justice of the University of the District of Columbia and the Center for American and International Law will present "Law and Catastrophic Disasters: Legal Issues in the Aftermath," on March 5-6, 2009. The exercise will be held in conjunction with the Mid-Year Meeting of the National Emergency Management Association, and will use a table-top exercise, plenary sessions, and interactive breakout sessions to identify legal problems, issues, and best practices associated with catastrophic disasters. The exercise will focus on evacuation, shelter and security, medical care, education, environmental threats, the judiciary, and critical infrastructure. For more information, visit http://www.cailaw.org/Brochures_2009/Disastermanagement.pdf.

*** Drinking Age Laws and Driving Report. The Insurance Institute for Highway Safety has released Effects of 21 Minimum Legal Drinking Age Laws on Alcohol-Related Driving in the United States. The report examines trends in alcohol consumption and alcohol-related crashes among people younger than 21 in the United States and reviews evidence of the effects of minimum legal drinking age laws. Access the report at http://www.iihs.org/research/topics/pdf/r1112.pdf.

*** Child Injury Report. The World Health Organization has released the World Report on Child Injury Prevention. The report presents the current knowledge about five of the most important causes of unintentional injury -- road traffic injuries, drowning, burns, falls and poisoning -- and makes seven recommendations for action. Download the report from http://whqlibdoc.who.int/publications/2008/9789241563574_eng.pdf.

*** AIDS and Human Rights Review. The Centre for the Study of AIDS, University of Pretoria, South Africa, has released Balancing Acts: AIDS Review 2008. The report is the ninth published by the Centre. Download the report from http://www.csa.za.org/filemanager/fileview/145.

*** New Jersey Patient Safety Report. The third annual report on the New Jersey Patient Safety Act was recently released. To access the Patient Safety Initiative: 2007 Summary Report, visit http://www.state.nj.us/health/ps/documents/ps_initiative_report07.pdf.

*** Tobacco Control Report. The American Lung Association has released State of Tobacco Control 2008. Visit http://www.stateoftobaccocontrol.org/ to access the report.

*** Nursing Home Compare Website. The U.S. Centers for Medicare and Medicaid Services has unveiled the federal government's new five-star system, which rates the quality of nursing homes. To access the system, visit http://www.medicare.gov/NHCompare/Include/DataSection/Questions/SearchCriteriaNEW.asp?version=default&browser=Firefox|3|MacOSX
&language=English&defaultstatus=0&pagelist=Home&CookiesEnabledStatus=True.

*** ABA Disaster Law Resources. Visit the American Bar Association website for a list of resources related to natural disasters http://www.abanet.org/disaster/.

Top Story

1. California: It's the law: California patients can have an interpreter at their side

States and Localities

2. Maryland: Sex-partner antibiotics pilot program seems to be working

3. Pennsylvania: Pa. hospitals go high-tech on infection tracking

National

4. Some ignore law to prevent pools from being child deathtraps

5. Toymakers assail costs of new law

Briefly Noted

Florida silver alerts · Illinois health laws · Prison smoking ban · DUI penalties · Massachusetts trans fat restrictions · New Jersey helmets case · New York untaxed tobacco · Pennsylvania nutrition information · National khat · Fire-safe cigarettes · Federal office smoking restrictions · Bedbugs · Austria smoking restrictions · Brazil dry law · Canada judge discipline · Listeria case settlement · Raw milk case · Food cart rules · China tainted milk · New Zealand liquor laws · South Korea tobacco · Syria smoking restrictions · Taiwan smoking restrictions

Journal Articles

Texas smoke-free laws · School policies and youth tobacco use · Smoking restrictions and acute myocardial infarction · Thirdhand smoke · Tobacco company and China public policy · HIV criminalization editorial

Court Opinions

California balance billing · Good Samaritans · Federal meth liability · Formaldehyde trailer class action

Quotation of the Month

Eric Proshansky, New York Assistant Corporation Counsel

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It's the law: California patients can have an interpreter at their side

Sacramento Bee     (01/03/09)     Bobby Caina Calvan

A California law enacted in 2003 but not implemented until New Year's Day gives patients with limited English proficiency the right to an interpreter. Health, dental, and other insurers are now required to provide patients with translators when visiting their doctor, pharmacist, ophthalmologist, or dentist. Advocates believe that as many as seven million people might benefit from the new service. The program is estimated to cost about $25 million. "The intent is that better communication leads to better health care," said Ben Singer, a spokesman for Anthem Blue Cross, an insurer in the state. During the five years of hearings on the legislation, health officials heard testimony from children asked to translate complicated medical terminology for their parents. Often, family members who translated could not find the words to describe organs or conditions in their native language; others found it impossible to impart bad news to their loved ones. The new rules require interpreters to be proficient in a language, but according to Don Schinske of the California Healthcare Interpreting Association, the rules do not clarify "what that level of proficiency is and how it should be demonstrated." The Association is pushing for a certification program.

[Editor's note: To read the text of Cal. Code Regs. tit. 28 § 1300.67.04, visit http://www.hmohelp.ca.gov/library/reports/news/lart.pdf.]

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Sex-partner antibiotics pilot program seems to be working

Baltimore Sun     (01/09/09)     Stephanie Desmon

A pilot program in Baltimore, Maryland that allows people with sexually transmitted diseases to obtain prescription medications for their sexual partners is showing signs of success. The practice, called Expedited Partner Therapy (EPT), was approved by the governor in 2007 and has been operational for three months. Under the program, physicians who see patients at one of two city health clinics offer to also treat the patient's partner without that person visiting the clinic.  The patient can then deliver antibiotics to up to three sexual partners. "It takes away the hassle factor," said Emily Erbelding, director of STD Clinical Services for the Baltimore City Health Department. "It makes it easier for the partner to get treated." Officials have found that among patients with gonorrhea and chlamydia who participated in the program, the reinfection rate was 2.3 percent, down 41 percent from historical rates. While ethical and legal concerns about dispensing medicine to people who are not the patients of the prescribing doctor surfaced early in EPT's history, those concerns have been allayed. Today, 15 states have laws allowing EPT.

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Pa. hospitals go high-tech on infection tracking

Associated Press     (12/30/08)     Martha Raffaele

In 2007, a Pennsylvania law became the first in the nation to require hospitals to adopt electronic surveillance of infection outbreaks among patients during hospital stays. The electronic system will allow infection-control staff to identify potential systemic infection control problems much more quickly than traditional, paper-based methods. "It frees up your infection-control people from trying to find infections ... so they can get out on the floor and put systems in place so they don't happen again," said Ann Torregrossa, policy director for the Governor's Office of Health Care Reform. The law also requires hospitals, outpatient surgery centers, and nursing homes to develop infection control plans. Hospitals can opt out of the electronic surveillance requirement, which went into effect December 31, 2008, if they demonstrate they lack the funding or the technological capability. About one-fifth of Pennsylvania's 163 general hospitals said they will not install the new technology. Those opting out will be required to have a written plan in place explaining how infection control data will be collected and verified for accuracy.

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Some ignore law to prevent pools from being child deathtraps

CNN     (01/15/09)     Mallory Simon

The Consumer Product Safety Commission (CPSC) is monitoring the uptake of a new law requiring pool operators to install new drain covers to protect children from high-suction filtration systems. The federal law, named the Virginia Graeme Baker Pool and Spa Safety Act, requires all pools with public access -- including hotels, apartments, and residential communities -- to install anti-entrapment devices or systems. The law is named after a seven year-old girl who was entrapped by the suction of a hot tub's filtration system in 2002. Thirty-three children are officially listed as having been killed by entrapment in pools between 1985 and 2004, but advocates say they believe the numbers of children who die in this manner are grossly underestimated. Although the law has only been in effect for one month, enforcement is proving to be complicated because of the different ways states are choosing to take action. For example, one local health department said it requires a state law before it can enforce the federal law. Some state health departments have granted extensions if pool managers agree to turn off the filtration system until new drain covers arrive. Ultimately, a pool owner will be held liable for any injury or death at a pool lacking the proper safety devices, said a CPSC spokesman.

[Editor's note: To read the text of 15 U.S.C. § 8001, the Virginia Graeme Baker Pool and Spa Safety Act, visit http://www.cpsc.gov/pssa.pdf.]

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Toymakers assail costs of new law

Washington Post     (12/21/08)     Lyndsey Layton and Annys Shin

A federal law restricting levels of lead and banning phthalates from children's toys is generating concern among toy manufacturers and retailers in the $22 billion industry. The law takes effect February 10, but many small and medium-size manufacturers say the requirements are confusing, unclear, and expensive. The law requires toy makers to pay independent laboratories to verify that every component of a product meets specified levels of lead and does not contain phthalates. "This business is being ruined, and it has nothing to do with safety. It has to do with mania," said Rick Woldenberg, chairman of Learning Resources, a manufacturer of educational toys. Certain manufacturers have applied to the Consumer Product Safety Commission for exemptions to the new rules, including bicycle suppliers, who claim that some components, like valve stems, contain lead. Even though children are not likely to ingest lead from the tires, it may be present in high enough levels to prohibit sales. The law also requires manufacturers to use a tracking system so customers can trace a product's origins, but some small manufacturers say labeling each product could take years to accomplish. While those in the industry lament the imposition of the new rules, health advocates say they are necessary. "There's no unfettered right to sell your products if you can't prove they're safe," said Rachel Weintraub, of the Consumer Federation of America.

[Editor's note: To read related stories, see Toymakers say lead law harms workshops, Associated Press (12/24/08) by Marcus Wohlsen and New lead rules may crimp those thrift-shop bargains, Wall Street Journal (01/08/09) by Melanie Trottman (subscription required).]

_____________________BRIEFLY NOTED______________________

Florida: Program sends automated phone alerts, message signs

Florida adopts 'silver alerts' for mentally impaired elderly who wander off

New York Times     (12/18/08)     Carmen Gentile

Illinois: Laws address defibrillators, insurance coverage for eating disorders, genetic testing

New health laws go in effect

Commercial-News     (01/01/09)     Barbara Greenberg

Illinois: Year-old program experiences few problems, fewer health complications

Smoking ban working well Illinois prisons

Associated Press     (12/22/08)

Illinois: New law imposes breath alcohol ignition-interlock devices for first-time offenders

Tougher driving comes with DUI conviction

Chicago Tribune     (12/29/08)     Monique Garcia

Massachusetts: City inspectors find 99% in compliance

Boston restaurants have succeeded in eliminating trans fats

Boston Globe     (12/31/08)     Stephen Smith

Massachusetts: State law protects nursing mothers from harassment, discrimination, prosecution

Moms win wider freedoms in breast-feeding law

Lowell Sun     (01/10/09)     Matt Murphy

New Jersey: President said company tested fewer helmets than required by national committee

A guilty plea for failing to test youth helmets properly

New York Times     (12/23/08)     Alan Schwarz

New York: New law requires tobacco wholesalers to certify compliance with state tax law

Indian merchants reap huge profits on untaxed tobacco sales

Buffalo News     (12/28/08)     Michael Beebe

Pennsylvania: Most chain restaurants ordered to display calorie, fat, other information

Philly restaurants to post nutrition info on menus

Associated Press     (12/18/08)     MaryClaire Dale

National: Narcotic leaf is African tradition but illegal in U.S. where demand is growing

Khat- is it more coffee or cocaine?

Los Angeles Times     (01/03/09)     Cynthia Dizikes

National: Delaware, Iowa, Oklahoma, Pennsylvania, Texas join 17 other states

New laws in 5 states call for fire-safe cigarettes

Associated Press     (01/02/09)    

National: New regulation eliminates exceptions

Stricter smoking ban set for federal offices

Washington Post     (12/31/08)     Steve Vogel and Joe Davidson

National: Ban on pesticide results in resurgence of bedbugs

These tiny bloodsuckers are creeping back into U.S. cities

Los Angeles Times     (01/04/09)     P.J. Huffstutter

Austria: Country is one of last in Europe to tighten rules on smoking in public places

Europe's smoking culture lingers, despite bans (subscription required)

Wall Street Journal     (01/02/09)     Christina Passariello

Brazil: Strict drunk-driving law penalizes .02 BAC with fine, suspension, impound, jail

Beer-loving Brazilians adapt to the 'dry law'

Washington Post     (12/23/08)     Joshua Partlow

Canada: Disciplinary proceedings result in visit to hospice, meetings with patients

A judge confronts his fear of AIDS
Toronto Star     (01/10/09)     Tracey Tyler

Canada: Company will pay estimated 5,000 victims up to $27 million

Maple Leaf agrees to pay up to $27 million to settle Listeria class actions

Canadian Press     (12/18/08)     Colin Perkel

Canada: Government begins prosecution of dairy farmer January 26

Raw milk: what's the risk?
Canwest News Service     (01/09/09)     Jordana Huber

Canada: City's food cart program establishes strict new rules, costs

So you want to cook bhajias or fajitas? Do we have a slate of rules for you (subscription required)

Globe and Mail     (01/10/09)     Dave McGinn

China: Chief prosecutor says court will announce verdicts soon

60 arrested over China's tainted milk

CNN     (01/12/09)

New Zealand: All other age, gender groups report declining death rates

Higher death rate among girls linked to liberal liquor laws

New Zealand Herald     (01/08/09)     Simon Collins

South Korea: Government agencies debate pros, cons of tobacco sales

Is tobacco too good a business to give up?

Korea Times     (01/11/09)     Jane Han

Syria: Law prevents smoking in public places, prohibits advertising

Syrian government to ban smoking in public places

Deutsche Press-Agentur     (12/16/08)

Taiwan: Violators will face fines up to $300

Taiwan bans smoking in all indoor public areas

Agence France Presse     (01/11/09)

___________________JOURNAL ARTICLES____________________

Smoke-free ordinances in Texas worksites, restaurants, and bars, 2000-2007

American Journal of Preventive Medicine     (02/09)     Phyllis M. Gingiss and others

The relationship between school policies and youth tobacco use

Journal of School Health     (01/09)     Monica L. Adams and others

Reduced hospitalizations for acute myocardial infarction after ... a smoke-free ordinance

MMWR     (01/02/09)

Beliefs about the health effects of 'thirdhand' smoke and home smoking bans

Pediatrics     (01/09)     Jonathan P. Winickoff and others

'Efforts to reprioritize the agenda' in China

PLoS Medicine     (01/09)     Monique E. Muggli and others

HIV transmission should be decriminalized

Retrovirology     (12/01/08)     Mark A. Wainberg

___________________COURT OPINIONS____________________

California: Balance billing struck down

Prospect Medical Group, Inc. v. Northridge Emergency Medical Group

Supreme Court of California

No. 142209

Filed January 8, 2009

Opinion by Justice Ming W. Chin

California: Good Samaritans not immune from civil suit for nonmedical care

Van Horn v. Watson

Supreme Court of California

No. S152360

Filed December 18, 2008

Opinion by Justice Howard J. Schwab

Federal: Cold medicine makers held not financially responsible for meth epidemic

Independence Co., Arkansas v. Pfizer, Inc.

U.S. Court of Appeals for the 8th Circuit

No. 08-1491

Filed January 5, 2009

Opinion by Judge David R. Hansen

Federal: Class status for Gulf Coast formaldehyde trailer victims denied

In re: FEMA Trailer Formaldehyde Products Liability Litigation

U.S. District Court for the Eastern District of Louisiana

MDL No. 07-1873

Filed December 29, 2008

Order and Reasons by Judge Kurt D. Engelhardt

__________PHL NEWS QUOTATION OF THE MONTH___________

"If defendants' 2007 purchases of 9,780,469 cartons were disposed of in reservation sales, every man, woman and child on the reservation would have had to consume approximately 960 packs of cigarettes a day, a patent absurdity."

-- Eric Proshansky, New York Assistant Corporation Counsel, on cartons of untaxed cigarettes delivered to Seneca Indian reservations. According to the attorney, only 279 residents live on Long Island's Poospatuck Reservation. [See Briefly Noted, above.]

The CDC Public Health Law News is published the third Wednesday of each month except holidays, plus special issues when warranted. It is distributed only in electronic form and is free of charge. News content is selected solely on the basis of newsworthiness and potential interest to readers. CDC and DHHS assume no responsibility for the factual accuracy of the items presented. The selection, omission, or content of items does not imply any endorsement or other position taken by CDC or DHHS. Opinions expressed by the original authors of items included in the News, or persons quoted therein, are strictly their own and are in no way meant to represent the opinion or views of CDC or DHHS. References to products, trade names, publications, news sources, and non-CDC Websites are provided solely for informational purposes and do not imply endorsement by CDC or DHHS. Legal cases are presented for educational purposes only, and are not meant to represent the current state of the law. The findings and conclusions reported in this document are those of the author(s) and do not necessarily represent the views of CDC. The News is in the public domain and may be freely forwarded and reproduced without permission. The original news sources and the CDC Public Health Law News should be cited as sources. Readers should contact the cited news sources for the full text of the articles.

For past issues or to subscribe to the CDC Public Health Law News, visit http://www2a.cdc.gov/phlp/cphln.asp. For help with subscriptions or to make comments or suggestions, send an email to Rachel Weiss at rweiss@cdc.gov.

The News is published by the Public Health Law Program, Office of Strategy and Innovation, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Karen M. Leeb, J.D., M.L.S., Editorial Advisor.