liability of entities mental and · legal emergency preparedness resources 2 content overview: •...
TRANSCRIPT
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Social
Distancing
Powers
Emergency
Declarations
and Powers
Liability of
Health Care
Workers and
Entities
State and Local
Preparedness
Model
Emergency
Laws
Public Health
Emergency
Ethics
Mental and
Behavioral
Health
Preparedness
Crisis
Standards of
Care
Latest
Resources
Hospital
Emergency
Legal
Preparedness
Federal Public
Health
Emergencies
Emerging
Threats
Preparedness
and Response
Legal Emergency Preparedness Resources
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Content Overview:
• This document provides active hyperlinks to key resources in Emergency Legal
Preparedness developed by attorneys/staff via the Network for Public Health Law.
• Resources are categorized into 12 diverse topic areas listed on the first page of
this document (and subsequent pages for each specific topic). Some resources
may be listed more than once.
• Contents are organized chronologically by their date of production and include:
tables, issue briefs, articles, memos, model laws/memos, blogs, primers,
presentations, and fact sheets.
• Regular updates reflect recent developments, documents, or materials relating to
Emergency Legal Preparedness.
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Latest Resources
Report: Airport Public Health Preparedness and Response: Legal Rights, Powers, and Duties
Fact Sheet: Declared States of Emergency – Opioid Crisis (2017)
Presentation: Emergency Declarations to Address the Opioid Crisis: Assessing Impact and Identifying Gaps (2017)
Primer: Opioid-Related Public Health Emergency Declarations (2018)
Primer: Emergency Legal Preparedness – Hurricanes Harvey, Irma and Maria (2017)
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Federal Public Health Emergencies
Article: The evolution of law in biopreparedness (2012)
Article: The Pandemic and All-Hazards Preparedness Act: Improving public health emergency response (2007)
Article: Voluntarism in the wake of Hurricane Katrina: The Uniform Emergency Volunteer Health Practitioners Act (2007)
Article: The opioid epidemic and the future of public health emergencies (2017)
Article: Redefining public health emergencies: The opioid epidemic (2017)
Article: Emerging legal responses to curb the opioid epidemic (2017).
Article: Reframing the opioid epidemic as a national emergency (2017)
Article: The call for a national emergency in response to the opiate epidemic. (2017)
Blog: Emergency Preparedness and Medical Countermeasures: FDA Emergency Use Authorization and Related Authorities
Guidance Updates (2017)
Fact Sheet: Ebola Public Health Emergency Legal Preparedness and Response (2014)
Memo: Pandemic and All-Hazards Preparedness Reauthorization Act of (PAHPRA) of 2013 (2013)
Memo: Public Readiness and Emergency Preparedness (PREP) Act – Scope of Liability Protections (2012)
Memo: Federal Emergency Responses Under the Stafford Act (and Other Emergency Laws) in the Event of a Nuclear Incident
(2011)
Memo: Public Readiness and Emergency Preparedness (PREP) Act – Liability Protections for Covered Person (2012)
Presentation: Global Legal Triage in Response to H1N1 Flu (2009)
Presentation: The Pandemic and All-Hazards Preparedness Act: Addressing Public Health Emergency Responses
Primer: Emergency Legal Preparedness Concerning Zika Virus (2017)
Primer: Emergency Legal Preparedness Concerning Ebola Virus Disease (2014)
Table: Legal Liability Protections For Emergency Medical/Public Health Responses (2017)
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Social Distancing Powers
Issue Brief: Model Tools for Implementation of Isolation and Quarantine Measures (2012)
Memo: State Laws on Confidentiality Measures to Protect Documents During Isolation and Quarantine Proceedings (2013)
Memo: Emergency Legal Preparedness: Isolation and Quarantine Procedures (2015)
Memo: Ebola Emergency Legal Preparedness: Quarantine of Ill Travelers (2014)
Memo: Ebola Virus and Animal Quarantine (2016)
Presentation: The Role of Law Concerning Historic and Modern Uses of Quarantine and Isolation Controlling Epidemics: Use of
Isolation Measures (2008)
Presentation: Assessing Legal Preparedness for School Closure in Response to Pandemic Flu (2007)
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Liability of Health Care Workers and Entities
Article: Assessing liability for health care entities that insufficiently prepare for catastrophic emergencies. (2011)
Article: Emergency legal preparedness for hospitals and health care personnel (2009)
Article: Volunteer health professionals and emergencies: Assessing and transforming the legal environment (2005)
Fact Sheet: Reviewing Emergency Volunteer Liability and Protections (2013)
Issue Brief: Emergency Response and Tort Liability (2015)
Issue Brief: Legal Issues Relevant to Private Entities Serving as Closed Points of Dispensing (Closed PODs) in Emergencies
Issue Brief: Potential County Health Department Liability for SNS Drug Products After a Declared Emergency (2011)
Memo: State Laws Providing Liability Protections for Health Care Workers During Declared Emergencies(2011)
Memo: Nonprofit Organization Liability Related to Volunteer Actors During Preparedness Training Exercises (2011)
Memo: First Responder Liability Protection (2012)
Memo: Public Readiness and Emergency Preparedness (PREP) Act – Liability Protections for Covered Persons (2012)
Memo: Public Readiness and Emergency Preparedness (PREP) Act – Scope of Liability Protections (2012)
Presentation: Liability Risks and Protections for Volunteer Health Practitioners in Emergencies (2010)
Presentation: Volunteerism in Response to Local Declared Emergencies: Critical Issues of Law and Policy (2009)
Presentation: Reforming State Law to Facilitate the Emergency Use of Volunteer Health Personnel: The Uniform Emergency
Volunteer Health Practitioner Act (2007)
Table: Legal Liability Protections For Emergency Medical/Public Health Responses (2017)
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Hospital Emergency Legal Preparedness
Article: Assessing liability for health care entities that insufficiently prepare for catastrophic emergencies. (2011)
Article: Emergency legal preparedness for hospitals and health care personnel (2009)
Issue Brief: Potential Liability for Failure to Provide Specific Medical Referrals via Publicly Operated Point of Distribution in Arizona
Memo: Liability Issues for Hospitals in Emergency Response (2012)
Memo: Lab Services in Emergencies (2012)
Model Memorandum: Model Memorandum of Understanding Between Hospitals during Declared Emergencies (2009)
Presentation: Modeling Mutual Assistance Among Hospitals: Innovations and Application in Response to H1N1 and Future
Outbreaks (2009)
Presentation: Legal Triage During Public Health Emergencies (2009)
Table: Legal Liability Protections For Emergency Medical/Public Health Responses (2017)
Table: Emergency Power Requirements for End State Renal Disease (ESRD) Facilities (2012)
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State and Local Preparedness
Fact Sheet: Declared States of Emergency – Opioid Crisis (2017)
Issue Brief: Emergency Response and Tort Liability (2015)
Issue Brief: Summary of Authority and Actions Regarding Public Health Emergencies (2015)
Issue Brief: Emergency Planning and Persons with Disabilities (2011)
Issue Brief: Summary of Authority and Actions regarding Public Health Emergencies (2015)
Issue Brief: Antiviral Distribution and Dispensing: A Review of Legal and Policy Issues (2012)
Issue Brief: Legal Preparedness for School Closures in Response to Pandemic Influenza or Other Emergencies (2008)
Memo: Closed Points of Distribution Issues (2012)
Memo: Emergency Legal Response to Meningitis Outbreak at Princeton University (2013)
Presentation: Volunteerism in Response to Local Declared Emergencies: Critical Issues of Law and Policy
Primer: Opioid-Related Public Health Emergency Declarations (2018)
Primer: Emergency Legal Preparedness – Hurricanes Harvey, Irma and Maria (2017)
Table: Emergency Declaration Authorities (2015)
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Emergency Declarations and Powers
Article: Assessing legal competencies for public health emergency preparedness (2008)
Article: The Pandemic and All-Hazards Preparedness Act: Improving public health emergency response (2007)
Article: From Anthrax to Zika: Key lessons in public health legal preparedness (2018)
Article: The opioid epidemic and the future of public health emergencies (2018)
Article: Redefining public health emergencies: The opioid epidemic (2017)
Article: Reframing the opioid epidemic as a national emergency (2017)
Article: The call for a national emergency in response to the opiate epidemic. (2017)
Article: Generation Zika (2016)
Article: Building evidence for legal decision-making in real time: Legal triage in public health emergencies. (2011)
Article: Principles and practice of legal triage during public health emergencies. (2008-2009)
Issue Brief: Summary of Authority and Actions Regarding Public Health Emergencies (2015)
Issue Brief: Summary of Authority and Actions regarding Public Health Emergencies (2015)
Memo: Declarations of Public Health Emergency (2013)
Memo: Pandemic and All-Hazards Preparedness Reauthorization Act of (PAHPRA) of 2013 (2013)
Memo: Public Readiness and Emergency Preparedness (PREP) Act – Scope of Liability Protections (2012)
Memo: Federal Emergency Responses Under the Stafford Act (and Other Emergency Laws) in the Event of a Nuclear Incident
(2011)
Memo: Public Readiness and Emergency Preparedness (PREP) Act – Liability Protections for Covered Person (2012)
Table: Emergency Declaration Authorities (2015)
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Mental and Behavioral Health Preparedness
Article: Ethical issues raised in addressing the needs of persons with serious mental disorders in complex emergencies (2012.)
Article: Redefining the legal basis for mental health emergencies (2012).
Article: Prescribing authority during emergencies: Challenges for mental health care providers (2011).
Article: A hidden epidemic: Assessing the legal environment underlying mental and behavioral health conditions in emergencies
(2011).
Article: Mental and behavioral health legal preparedness in major emergencies (2010).
Article: Legal Preparedness: Care of the Critically Ill and Injured During Pandemics and Disasters: CHEST Consensus Statement
(2014)
Issue Brief: Emergency Planning and Persons with Disabilities (2011)
Issue Brief: Legal and Ethical Assessment Concerning Mental and Behavioral Health Preparedness (2012.)
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Model Emergency Laws
Article: Facilitating hospital emergency preparedness through model memoranda of understanding (2011).
Article: Voluntarism in the wake of Hurricane Katrina: The Uniform Emergency Volunteer Health Practitioners Act (2007).
Article: Protecting the public’s health in an era of bioterrorism: the model state emergency health powers act (2003).
Article: The Model State Emergency Health Powers Act: Planning and response to bioterrorism and naturally occurring
infectious diseases (2002).
Blog: Model Policies for Emergency Preparedness Planning (2012).
Model Law: Uniform Emergency Volunteer Health Practitioners Act (2007).
Model Law: Model State Emergency Health Powers Act (2001).
Model Memorandum: Model Memorandum of Understanding Between Hospitals during Declared Emergencies (2009).
Presentation: Modeling Mutual Assistance Among Hospitals: Innovations and Application in Response to H1N1 and
Future Outbreaks (2009).
Presentation: Reforming State Law to Facilitate the Emergency Use of Volunteer Health Personnel: The Uniform
Emergency Volunteer Health Practitioner Act (2007).
Table: Model State Emergency Health Powers Act – Table of State Laws (2012).
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Emerging Threats Preparedness and Response
Article: Generation Zika (2016)
Article: Zika and global health security (2016)
Article: Global legal triage in response to the 2009 H1N1 outbreak. (2010)
Fact Sheet: Ebola Public Health Emergency Legal Preparedness and Response (2014)
Fact Sheet: Declared States of Emergency – Opioid Crisis (2017)
Issue Brief: Flint Water Crisis (2016)
Memo: Ebola Virus and Animal Quarantine (2016)
Memo: Legal Authority of Government to Abate Public Health Nuisances (2016)
Memo: Zika Virus and Emergency Preparedness (2016)
Memo: Ebola Emergency Legal Preparedness: Quarantine of Ill Travelers (2014)
Presentation: Combating the Zika Virus: Mosquito-Control and the Law (2016)
Presentation: Global Legal Triage in Response to H1N1 Flu (2009)
Presentation: Modeling Mutual Assistance Among Hospitals: Innovations and Application in Response to H1N1 and Future
Outbreaks (2009)
Primer: Emergency Legal Preparedness Concerning Zika Virus (2017)
Primer: Emergency Legal Preparedness Concerning Ebola Virus Disease (2014)
Primer: Opioid-Related Public Health Emergency Declarations (2018)
Primer: Emergency Legal Preparedness – Hurricanes Harvey, Irma and Maria (2017)
Presentation: Emergency Declarations to Address the Opioid Crisis: Assessing Impact and Identifying Gaps (2017)
Table: Flint Water Crisis – Summary of Civil Litigation (2016)
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Crisis Standards of Care
Article: Practical, ethical, and legal challenges underlying crisis standards of care. (2013)
Article: When law is not law: Setting aside legal provisions during declared emergencies (2013)
Article: Assessing the legal standard of care in public health emergencies (2010)
Article: Crisis Standards of Care: A Systems Framework for Catastrophic Disaster Response (2012)
Issue Brief: Emergency Response and Tort Liability (2015)
Issue Brief: Summary of Authority and Actions Regarding Public Health Emergencies (2015)
Issue Brief: Emergency Planning and Persons with Disabilities (2011)
Memo: State Web Links re: Crisis Standards of Care (2013)
Memo: Medical Licensure and Other Emergency Legal Preparedness Issues for the American Red Cross (2012)
Memo: Unaccompanied Children in Emergency Situations (2015)
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Public Health Emergency Ethics
Article: Practical, ethical, and legal challenges underlying crisis standards of car (2013)
Article: When law is not law: Setting aside legal provisions during declared emergencies (2013)
Article: Ethical issues raised in addressing the needs of persons with serious mental disorders in complex emergencies (2012)
Article: Assessing legal competencies for public health emergency preparedness (2008)
Article: Public health emergencies and legal reform: Implications for public health policy and practice (2003)
Article: Generation Zika (2016)
Fact Sheet: Legal and Ethical Assessment Concerning Mental and Behavioral Health Preparedness (2012)
Issue Brief: Legal and Ethical Assessment Concerning Mental and Behavioral Health Preparedness (2012)
Memo: Ethics in Public Health Emergencies: Developing an Arizona Code of Public Health Emergency Ethics (2012)
Memo: Unaccompanied Children in Emergency Situation (2015)
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For More Information
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• Visit the Network for Public Health Law’s website for additional resources and
guidance.
• Share questions, comments, or requests for technical assistance or more
information with Network Attorneys.