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Public Health Legal Preparedness Materials
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General Legal 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
  • 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 icon (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 (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 (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 icon (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 icon (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 icon (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 icon (PDF file).
    (Posted: 01/28/2004 11:00 AM)
     
  • Alaska.  Reforming Alaska Public Health Law, Lawrence Gostin and James Hodge, June, 1999.
    PDF icon (PDF file).
    An appendix to Alaska's public health laws is available.
    PDF icon (PDF file)
    (Posted: 01/21/2004 1:30:00 PM)
     
  • Alaska.   A Flow Chart of the Alaska Public Health Emergency Response.
    PDF icon (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 icon (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 (Web link)
    (Posted: 03/01/2004 3:00 PM)
     
  • Arkansas.  Rules and regulations pertaining to communicable disease control, June 2002.
    PDF icon (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 icon  (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 icon (Word file).
    (Posted: 09/13/2004 3:00 PM)
     
  • California.  California Department of Health Services.  A guide to statewide disaster planning.
    Web link (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 icon (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 icon (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 (Word icon) and a home quarantine release order (Word icon), 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 icon (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 icon (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 icon (PDF file)
    (Posted: 03/19/2004)
     
  • Minnesota.  Minnesota Statutes 1997, Chapter 145A, The Local Public Health Act and Rules.
    PDF icon (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 icon (PDF file).
    (Posted: 06/21/2005 2:30 PM)
     
  • Minnesota.   Minnesota Isolation, Quarantine and Mass Dispensing Law with 2005 Amendments.
    PDF icon (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 icon (PDF file)
    (Posted: 01/22/2004)
     
  • Nebraska.  The Nebraska Turning Point Public Health Improvement Plan, November 1999.
    PDF icon (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 icon (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 icon (PDF file) PDF icon (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 icon (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 icon (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 icon (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 icon (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.
    PDF icon (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 icon (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 icon (Word file).
    (Posted: 08/12/2004)
     
  • Wisconsin.  The Wisconsin Turning Point Public Health Initiative, June 1998.
    PDF icon (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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