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| Public Health Legal Preparedness Materials |
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The following are selected legal materials from U.S. jurisdictions. Materials are posted as they are received
and selected by the CDC Public Health Law Program and are listed in alphabetical
order by jurisdiction
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Federal. The Century Foundation's Homeland Security Project. A study aimed
at informing policy makers and the public about challenges that are related to preventing and responding to
domestic terrorism.
(PDF file).
(Posted: 03/01/2004 3:00 PM)
-
Federal. The U.S. Defense Department's Defense Threat Reduction Agency (DTRA).
A legal guidebook for dealing with the various aspects of mass destruction incidents and emergencies.
(Web
link)
(Posted: 03/01/2004 3:00 PM)
-
Federal. An order banning the importation of birds from eight countries in
southeast Asia, and an accompanying question and answer sheet. This ban was
ordered by the U.S. Department of Health and Human Services and the U.S.
Department of Agriculture on February 4, 2004. The ban is intended to reduce the
risk of importation of birds or poultry products infected with influenza A
(H5N1).
(Web
link)
(Posted: 02/05/2004 12:00 PM)
Copy of March 10, 2004 Order lifting the embargo ban for birds products in Hong Kong.
(PDF file)
(Posted: 03/22/2004 12:00 PM)
-
Federal. An amendment to extend the January 24, 2003 declaration regarding
administration of smallpox countermeasures. This amendment, signed by Secretary
of Health and Human Services Tommy Thompson, extends for another year, until and
including January 23, 2005, the availability of the legal protections of section
304 of the Homeland Security Act to those who make, provide, and receive the
smallpox vaccine and other smallpox countermeasures.
(PDF file).
(Posted: 01/26/2004 10:00 PM)
-
Federal. An article, "Forensic Epidemiology: Law at the Intersection of Public Health and
Criminal Investigation" by Richard Goodman and others, published in The Journal of Law, Medicine & Ethics, December 2003.
(PDF file).
(Posted: 01/26/2004 10:00 PM)
-
Federal. A book chapter on the law of vaccination mandates by Kevin Malone
and Alan Hinman.
"Vaccination Mandates: The Public Health Imperative and
Individual Rights." Published in "Law in Public Health Practice."
(PDF file).
(Posted: 01/28/2004 11:00 AM)
- Alaska. Reforming
Alaska Public Health Law, Lawrence Gostin and James Hodge, June, 1999.
(PDF file).
An appendix to Alaska's public health laws is available.
(PDF file)
(Posted: 01/21/2004 1:30:00 PM)
- Alaska. A Flow Chart of the Alaska Public Health Emergency Response.
(PDF file)
(Posted: 01/21/2004 1:30:00 PM)
- Alaska. The Impact of the 1997 Tobacco Tax Rate Increase in Alaska,
prepared by Catherine Schumacher, Alaska Department of Health and Social Services and Brett
Fried, Alaska Department of Revenue Tax Division, June 2000.
(PDF file)
(Posted: 01/21/2004 1:30:00 PM)
-
Arizona. Arizona Department of Health Services, Office of Infectious
Disease Services Hepatitis C Program.
The Arizona Revised Statutes,
Title 36. Public Health and Safety.
(Web
link)
(Posted: 03/01/2004 3:00 PM)
- Arkansas. Rules and regulations pertaining to communicable disease control, June 2002.
(PDF file)
(Posted: 01/21/2004 1:30:00 PM)
- California. California Public Health Legislation -2005 Legislative Session.
A reference guide prepared by the Legislative Council, Alameda County Public Health Department.
This guide provides brief summaries of all public health related legislation considered during the 2005 session
of the California State Legislature. A more comprehensive description of all included legislation can be located
at www.leginfo.ca.gov.
(PDF file)
(Posted: 07/13/2005 9:30 AM)
-
California. 2004 California
Statewide Medical & Health Disaster Exercise, an emergency guide for the annual Statewide Medical &
Health Disaster Exercise. This year's exercise addresses the issues and
challenges confronted in the event of a biological terrorism event. The
state-wide training exercise is developed to incorporate hospitals, local and
governmental agencies, and other health care providers.
(Word file).
(Posted: 09/13/2004 3:00 PM)
-
California. California Department of Health Services. A guide to
statewide disaster planning.
(Web
link)
(Posted: 03/01/2004 3:00 PM)
- California. TB and the Law Project: California TB control law and other related materials.
http://www.phlaw.org
(Posted: 01/20/2004 1:30 PM)
- Connecticut. Connecticut Public Health Code online. (This site provides a
good example of an online database of state public health codes).
(Posted: 01/22/2004)
- Connecticut.
An Act Concerning Public Health Emergency
Response Authority (Public Act No. 03-236).
Enacted and approved on June 3, 2003.
(Posted: 07/15/2003 2:30 PM)
- Delaware. A summary of Delaware law on the sale and distribution of
tobacco products to youth.
Tobacco Products to Youth, Effective July 1996.
(Posted: 01/22/2004)
-
Illinois. HB 5164, a bill to amend the Illinois Department of Public Health Act and
various other acts relating to public health emergencies, including the
delegation of emergency powers to the State Department of Public Health to
declare and enforce quarantine and isolation: Sponsor: House Representative S.
Feighenholtz (introduced 2/5/2004) (Enrolled 7/28/2004).
(PDF file)
(Posted: 08/05/2004)
-
Illinois. An Intergovernmental Mutual Aid Agreement to establish
cooperative agreements between the Illinois Department of Public Health and
local health departments to strengthening the public health preparedness system.
The Illinois Public Health Mutual Aid System (IPHMAS) was distributed to local
health departments for consideration.
Full text:
(PDF file)
(Posted: 08/05/2004)
- Illinois. Current laws and administrative rules relevant to Illinois Department of Health programs.
http://www.idph.state.il.us/rulesregs/lawsrules.htm.
(Posted: 01/22/2004)
- Illinois. Illinois Compiled Statutes dealing with public health.
http://www.legis.state.il.us/legislation/ilcs/ilcs2.asp...
(Posted: 01/22/2004)
- Iowa. A measles home quarantine order (
)
and a home quarantine release order ( ), drafted in compliance with Iowa
law. *Note while these documents may serve as an example, other jurisdictions would need to develop orders that are consistent with laws of their jurisdictions.
(Posted: 05/28/2004)
- Maine. Rules for the control of notifiable conditions.
(word file).
(Posted: 01/22/2004)
- Massachusetts. General Laws of Massachusetts, Chapter 111, public health laws.
http://www.state.ma.us/legis/laws/mgl/gl-111-toc.htm
(Posted: 01/22/2004)
- Michigan.
A memorandum issued by the Director of the Michigan Department of
Community Health pertaining to the HIPAA Privacy Regulations and the disclosure
of protected health information by health providers for the prevention and
control of the spread of diseases.
(PDF file)
(Posted: 08/05/2004)
- Michigan.
Genesee County Anti-Smoking Regulation, a county anti-smoking regulation adopted on November 25, 2003, that prohibits
smoking in most worksites, businesses, and most common areas in the county.
Regulation became effective on February 23, 2004.
(PDF file)
(Posted: 03/19/2004)
- Minnesota. Minnesota Statutes 1997, Chapter 145A, The Local Public Health Act and Rules.
(PDF file)
(Posted: 01/22/2004)
- Minnesota.
Minnesota Emergency Management Act with 2005. Amendments to the Minnesota Emergency Management Act 2005, which expands on the
duties of the Division of Emergency Management and modifies or deletes other
previous provisions, effective date August 1, 2005.
(PDF file).
(Posted: 06/21/2005 2:30 PM)
- Minnesota.
Minnesota Isolation, Quarantine and Mass Dispensing Law with 2005 Amendments.
(PDF file).
(Posted: 06/21/2005 2:30 PM)
- Missouri. Rules governing the control of communicable, environmental and occupational
diseases dangerous to public health.
http://www.dhss.state.mo.us/ehcdp/7-03RULES.htm#EHCDPLink
(Posted: 01/22/2004)
- Montana. Administrative rules concerning communicable disease control, March 2002.
(PDF file)
(Posted: 01/22/2004)
- Nebraska. The Nebraska Turning Point Public Health Improvement Plan, November 1999.
(PDF file)
(Posted: 01/22/2004)
- New Hampshire. New Hampshire Revised Statutes online, Chapter 141-C,
Communicable Diseases.
http://www.generalcourt.state.nh.us/rsa/html/indexes/141-C.html
(Posted: 01/22/2004)
- New Mexico.
Public Health Emergency Response Act
adopted on April 6, 2003 by the New Mexico
Legislature to provide the state with the
capacities to manage and prepare for public
health emergencies. The act sets forth the
abilities to issue an enhanced public health
advisory and investigate the conditions
leading to the issuance, and the special
powers allowed during a public health
emergency.
(PDF file)
(Posted: 07/02/2003 10:30:00 AM)
- New York City. A formalized protocol between the New York City Department of
Health and Mental Hygiene, the New York Police Department, and the New York
Office of the Federal Bureau of Investigation to conduct joint public health and
law enforcement investigations following a bioterrorist attack.
(PDF file)
(PDF file)
(Posted: 11/30/2004 10:30:00 AM)
- New York City.
Amendments to Sections 11.01 and 11.55 of the
New York City Health Code adopted on March
20, 2003 by the Department of Health and
Mental Hygiene in response to September 11 to
effectively control and contain potential
catastrophic disease epidemics due to
contagious microorganisms. The amendments
allow the Department to take the necessary
steps to face imminent and severe threats to
the public's health by providing detention
procedures.
(PDF file)
(Posted: 07/02/2003 10:30:00 AM)
- Oklahoma. The Oklahoma Turning Point Public Health Innovation Plan, December 1999.
http://www.health.state.ok.us/partners/index.html
(Posted: 01/22/2004)
- Oregon. HB 2410
A bill authorizing the Oregon
Department of Human Services to establish a registry of health
care providers willing to volunteer services
in an emergency. Volunteers in the
registry will be considered agents of the
state for the purposes of any claims arising
out of those services. Signed by
the Governor on June 11, 2003. Effective
immediately.
(PDF file)
(Posted: 07/21/2003 10:30:00 AM)
- Oregon. HB 2251
A bill providing that the Governor
may proclaim a state of impending public
health crisis after determining that a threat
to the public health is imminent and likely to
be widespread, life-threatening and of a scope
that requires immediate medical action. The
proclamation provides state and local public
health officials additional authority to
implement public health measures. Signed by
the Governor on July 8, 2003. Effective
immediately.
(PDF file)
(Posted: 07/21/2003 10:30:00 AM)
- Rhode Island.
Weapons of Mass Destruction & Emergency Management.
A comprehensive list
of websites that provides information on Weapons of Mass Destruction and
Emergency Management, prepared by the Rhode Island Department of Health,
Environmental Health, Bioterrorism Preparedness Program.
(Word file).
(Posted: 04/12/2003 2:30 PM)
- Texas.
Communicable Disease Control Measure Guide.
A manual outlining communicable disease control measures for the state of Texas
issued by the Texas Department of Health.
(Word file).
(Posted: 07/30/2004 2:30 PM)
- Texas.
Legal Issues Impacting Preparedness Effort: An Update.
A summary of legal issues surrounding terrorism preparedness contained in
legislation passed by the 78th Legislature, Regular Session, State of Texas,
which concluded business in late May 2003. Reviews each major bill passed
in the session and summarizes legal effects. Written by the Office of
General Counsel, Texas Department of Health.
(Word file).
(Posted: 11/05/2003 2:30 PM)
- Washington. A memorandum describing the legal authorities for various governmental
entities to respond in a serious public health emergency. Prepared by
the Senior Assistant Attorney General, Agriculture & Health Division, January
31, 2002.
(Word file).
(Posted: 08/12/2004)
- Wisconsin. The Wisconsin Turning Point Public Health Initiative, June 1998.
(PDF file)
(Posted: 01/22/2004)
Disclaimer: Non-federal links and content at this site are
provided solely as a service to users. These links and content do not
constitute an endorsement of non-federal organizations or their programs by CDC
or the federal government, and none should be inferred. CDC and the federal
government assume no responsibility for any non-federal content on this site, or
linked to this site. Legal forms and references are provided solely as a
convenience to user and should be used only under the guidance of a
knowledgeable attorney in the jurisdiction in which they originated. The
materials presented at this site are not meant to be exhaustive, nor do they
constitute legal advice.
This page last reviewed: November 30, 2004
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