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What is Public Health Legal Preparedness?

Published online by Cambridge University Press:  01 January 2021

Anthony D. Moulton ,
Richard N. Gottfried ,
Richard A. Goodman ,
Anne M. Murphy  and
Raymond D. Rawson
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Extract

“Public health legal preparedness” is a term born in the ferment, beginning in the late 1990s, that has led to unprecedented recognition of the essential role law plays in public health and, even more recently, in protecting the public from terrorism and other potentially catastrophic health threats.

The initial articulation of public health has not kept pace with rapid evolution in the concept and in practical development of public health preparedness itself. This poses the risk that legal preparedness may fall behind construction of general readiness in the public health system—and may, in fact, undercut achievement of comprehensive public health preparedness for massive threats to health in both the United States and world-wide. Inadvertent results might include both negative health impacts and infringement on individual rights.

Type
Article
Information
Journal of Law, Medicine & Ethics , Volume 31 , Issue 4 , Winter 2003 , pp. 672 - 683
Copyright
Copyright © American Society of Law, Medicine and Ethics 2003

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References

National Strategy Forum, State Emergency Health Powers and the Bioterrorism Threat (Chicago, Illinois, 2001): At 3; Moulton, A.D. Goodman, R.A. Cahill, K. Baker, E.L., “Public Health Legal Preparedness for the 21st Century,” Journal of Law, Medicine & Ethics, 30 (2002): 141–143.Google Scholar
Institute of Medicine, The Future of Public Health (Washington, D.C.: National Academy Press> 1988).+1988).>Google Scholar
Id. at 146.Google Scholar
Id.Google Scholar
Judith Summers, Soho - A History of London's Most Colourful Neighborhood (Bloomsbury, London: Bloomsbury Pub Ltd, 1989): 113–117, available at <http://www.ph.ucla.edu/epi/snow/broadstreetpump.html> (last visited October 30, 2003). (last visited October 30, 2003).' href=https://scholar.google.com/scholar?q=Judith+Summers,+Soho+-+A+History+of+London's+Most+Colourful+Neighborhood+(Bloomsbury,+London:+Bloomsbury+Pub+Ltd,+1989):+113–117,+available+at++(last+visited+October+30,+2003).>Google Scholar
Kindig, D. Stoddart, G., “What Is Population Health?” American Journal of Public Health 93 (2003): At 381.10.2105/AJPH.93.3.380CrossRefGoogle Scholar
IOM, supra note 2: At 19.Google Scholar
Bilker, E.L. Koplan, J.P., “Strengthening the Nation's Public Health Infrastructure: Historic Challenge, Unprecedented Opportunity,” Health Affairs, 21 (2002): 15–27.Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Public Health’s Infrastructure: A Status Report. Atlanta, Georgia, 2001.Google Scholar
National Public Health Performance Standards Program, at <http://www.phppo.cdc.gov/nphpsp/documents/NPHPSP_FactSheet.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
42 USC 247d—42 USC 247d-3.Google Scholar
Id.Google Scholar
IOM, supra note 2: At 40.Google Scholar
World Health Organization, Framework Convention for Tobacco Control, at <http://www.who.int/tobacco/fctc/text/en/fct_en.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Turning Point Statute Modernization Collaborative, at <http://turningpointprogram.org/Pages/publichealth2.html> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, at <http://www.phppo.cdc.gov/od/phlp/> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Turning Point National Program Office, Model State Public Health Act: A Tool for Assessing Public Health Laws, at <http://www.turningpointprogram.org/Pages/MSPHAfinal.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
National Governors Association and the National Emergency Management Association, States' Regional Terrorism Policy Forums, a report on policy forums attended by 39 states, Puerto Rico, the Virgin Islands, and the District of Columbia, at <http://www.nga.org/center/divisions/1,1188,C_ISSUE_BRIEF%5eD_840,00.html> (last visited November 6, 2003). (last visited November 6, 2003).' href=https://scholar.google.com/scholar?q=National+Governors+Association+and+the+National+Emergency+Management+Association,+States'+Regional+Terrorism+Policy+Forums,+a+report+on+policy+forums+attended+by+39+states,+Puerto+Rico,+the+Virgin+Islands,+and+the+District+of+Columbia,+at++(last+visited+November+6,+2003).>Google Scholar
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction, Second Annual Report of the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction, Dec. 15, 2000. at 35, available at <http://www.rand.org/nsrd/terrpanel/terror2.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Hoffman, R.E. Norton, J.E., “Lessons Learned from a Full-Scale Bioterrorism Exercise,” Emerging Infectious Diseases, 6 (2000): 652–652, at 652.10.3201/eid0606.000617CrossRefGoogle Scholar
National Strategy Forum, supra note 1: At 3.Google Scholar
Johns Hopkins University Bloomberg School of Public Health, Center for Law and the Public’s Health, Draft Model State Emergency Health Powers Act, at: <http://www.publichealthlaw.net/MSEHPA/MSEHPA2.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, at <http://www.phppo.cdc.gov/od/phlp/docs/For%20Epi%20Factsheet.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Institute of Medicine, The Future of Public's Health in the 21st Century, (Washington, D.C.: National Academy Press, 2002) at: 4.Google Scholar
Torok, T.J. Tauxe, R.V. Wise, R.P. et al., “A Large Community Outbreak of Salmonellosis Caused by Intentional Contamination of Restaurant Salad Bars,” JAMA 278 (1997): 389–395.10.1001/jama.1997.03550050051033CrossRefGoogle Scholar
Hoffman, R.E., “Preparing for a Bioterrorist Attack: Legal and Administrative Strategies,” Emerging Infectious Diseases 9 (2003): 241–245.10.3201/eid0902.020538CrossRefGoogle Scholar
National Conference of State Legislatures, The Model State Emergency Health Powers Act: A Checklist of Issues, Denver, June 2002.Google Scholar
Johns Hopkins University, supra note 23: at <http://www.publichealthlaw.net/MSEHPA/MSEHPA_Surveillance_table.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
O’Toole, T. Mair, M. Inglesby, T.V., “Shining Light on ‘Dark Winter’,” Clinical and Infectious Diseases 34 (2002): 982.Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, at <http://www.cdc.gov/ncidod/sars/executiveorder040403.htm> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Fidler, David, Developments Involving SARS, International Law, and Infectious Disease Control at the Fifty-Sixth Meeting of the World Health Assembly delivered at the American Society of International Law, June 2003, at <http://www.asil.org/insights/insigh108.htm>..>Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, at <http://www.cdc.gov/ncidod/monkeypox/pdf/embargo.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
The Reforming States Group is described in K.S. Andersen, “The Reforming States Group and the Promotion of Federalism,” The Milbank Quarterly, 76 (1998): 103–118.10.1111/1468-0009.00080CrossRefGoogle Scholar
National Emergency Management Association, at <http://www.emacweb.org/EMAC/About_EMAC/Model_Legislation.cfm> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Supra note 10.Google Scholar
U.S. Department of Health and Human Services, Public Health Functions Steering Committee, Public Health in America, “Public Health in America” (factsheet), at: <http://www.health.gov/phfunctions/public.htm> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Id.Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Public Health Performance Standards Program, State Public Health System Performance Assessment Instrument, at: 51–59; available at <http://www.phppo.cdc.gov/nphpsp/Documents/State_v_1_OMB_0920–0557.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
American Bar Association, “Draft Checklist for State and Local Government Attorneys to Prepare for Possible Disasters,” at: <http://www.abanet.org/statelocal/disaster.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Office of Terrorism Preparedness and Emergency Response, “Guidance for Fiscal Year 2002 Supplemental Funds for Public Health Preparedness and Response for Terrorism: Attachment A; Focus Area A,” Feb. 15, 2002 at: 3; Id. “Focus Area B” at: 2.Google Scholar
Id.Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, at: <http://www.bt.cdc.gov/planning/continuationguidance/pdf/readinessasses_attachment_a.pdf>: 2 (last visited October 30, 2003).:+2+(last+visited+October+30,+2003).>Google Scholar
Johns Hopkins University Bloomberg School of Public Health, Center for Law and the Public’s Health, at <http://www.publichealthlaw.net/Training/TrainingPDFs/PHLCompetencies.pdf> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Columbia University School of Nursing Center for Health Policy, Bioterrorism & Emergency Readiness, Competencies for all Public Health Workers, (New York, 2002): At 6, available at <http://www.nursing.hs.columbia.edu/institute-centers/chphsr/btcomps.html> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Id. at 6.Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Public Health Legal Preparedness Clearinghouse, at <http://www.phppo.cdc.gov/od/phlp/phlegalresponse.asp.> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Local Public Health Preparedness and Response Capacity Inventory: A Voluntary Rapid Self-Assessment, at <http://www.phppo.cdc.gov/od/inventory> (last visited October 30, 2003).+(last+visited+October+30,+2003).>Google Scholar
Health Canada, Learning from SARS: Renewal of Public Health in Canada. Ottawa, 2003: At 180.Google Scholar
Id. At 49.Google Scholar