Hostname: page-component-cd9895bd7-p9bg8 Total loading time: 0 Render date: 2024-12-26T08:47:48.139Z Has data issue: false hasContentIssue false
  • English
  • Français

Assessing Cross-Sectoral and Cross-Jurisdictional Coordination for Public Health Emergency Legal Preparedness

Published online by Cambridge University Press:  01 January 2021

Rick Hogan ,
Cheryl H. Bullard ,
Daniel Stier ,
Matthew S. Penn ,
Teresa Wall ,
John Cleland ,
James H. Burch ,
Judith Monroe ,
Robert E. Ragland  and
Thurbert Baker
...Show all authors
Get access Rights & Permissions [Opens in a new window]

Extract

A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination of legal responses to public health emergencies also may involve a horizontal dimension comprising numerous and diverse sectors, such as public health, public and private health care, emergency management, education, law enforcement, the judiciary, and the military.

Although responses to many acute health threats can implicate multiple jurisdictions and sectors, the jurisdictional and sectoral dimensions of legal preparedness are complex and may vary substantially by the nature of a threat, its geographic and geopolitical extent, and the operational response demanded.

Type
Special Supplement
Information
Journal of Law, Medicine & Ethics , Volume 36 , Issue S1 , Spring 2008 , pp. 36 - 41
Copyright
Copyright © American Society of Law, Medicine and Ethics 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Moulton, A. D. Gottfried, R. N. Goodman, R. A. Murphy, A. M., and Rawson, R. D., “What Is Public Health Legal Preparedness?” Journal of Law Medicine & Ethics 31, no. 4 (2003): 672–683; Benjamin, Georges C. Moulton, A. D., “Public Health Emergency Legal Preparedness: A Framework for Action, Journal of Law, Medicine & Ethics 36, no. 1, Special Supplement: National Summit on Public Health Legal Preparedness (2008): 13–17.CrossRefGoogle Scholar
Butler, J. C. Cohen, M. L., and Friedman, C. R. et al, “Collaboration between Public Health and Law Enforcement: New Paradigms and Partnerships for Bioterrorism Planning and Response,” Emerging Infectious Diseases 8 (2002): 1152–1156.CrossRefGoogle Scholar
Weiss, R. I. McKie, K. L. and Goodman, R. A., “The Law and Emergencies: Surveillance for Public Health-Related Legal Issues during Hurricanes Katrina and Rita,” American Journal of Public Health 97 (2007): S73–S81.CrossRefGoogle Scholar
Act of May 27, 1796, at ch. 31, 1 Stat. 474 (repealed by Act of February 25, 1799, ch.12, 1 Stat. 619).Google Scholar
“Control of Communicable Diseases,” Federal Register 70, no. 229 (2005): 71891–71948, to be codified at 42 CFR §70, 71, available at <http://www.cdc.gov/ncidod/dq/nprm/index.htm> (last visited November 30, 2007).+(last+visited+November+30,+2007).>Google Scholar
Ransom, M. M., “Community Public Health Legal Preparedness: Bridging the Gap between Public Health and Healthcare Attorneys,” Health Lawyers News 8 (2004): 7–9.Google Scholar
U.S. Government Accountability Office, GAO Testimony before the Special Committee on Aging, U.S. Senate, Disaster Preparedness: Preliminary Observations on the Evacuation of Vulnerable Populations Due to Hurricanes and Other Disasters (GAO-06-790T, May 18, 2006), available at <http://www.gao.gov/new.items/d06790t.pdf> (last visited November 30, 2007).+(last+visited+November+30,+2007).>Google Scholar
Ransom, M. M. Goodman, R. A., and Moulton, A. D., “Public Health Emergencies: Addressing Gaps in Healthcare Sector Legal Preparedness,” Disaster Med and Public Health Preparedness (submitted).Google Scholar
Id.Google Scholar
Gravely, S. Whaley, E., “Emergency Preparedness and Response in a Changing World,” The Health Lawyer 17 (2005): at 1, 3–6; Finan, S., “Disaster Preparedness: Legal Issues Faced by Hospitals in the Post-Katrina Environment,” ABA Health eSource 3, no. 3 (November 2006).Google Scholar
See Ransom, , supra note 8.Google Scholar
Chischillie, R. Pryor, N., Intergovernmental Agreements between the State of Arizona and Indian Nations: A Preliminary Examination, Native Nations Institute for Leadership, Management and Policy, May 2004.Google Scholar
Stier, D. D. Nicks, D., and Cowan, G. J., “The Courts, Public Health, and Legal Preparedness,” American Journal of Public Health 97 (2007): S69–S73.CrossRefGoogle Scholar
U.S. Department of Homeland Security, National Response Plan, available at <http://www.dhs.gov/xprepresp/committees/editorial_0566.shtm> (last visited November 30, 2007).+(last+visited+November+30,+2007).>Google Scholar
Assistant Secretary for Preparedness and Response (ASPR), U.S. Department of Health & Human Services, available at <http://www.hhs.gov/aspr/> (last visited November 30, 2007).+(last+visited+November+30,+2007).>Google Scholar
18 U.S.C. § 1385.Google Scholar
10 U.S.C. ch. 15.Google Scholar
32 U.S.C. ch. 1.Google Scholar
Stier, D. D. Goodman, R. A., “Mutual Aid Agreements: Essential Legal Tools for Public Health Preparedness and Response,” American Journal of Public Health 97 (2007): S62–S68.CrossRefGoogle Scholar
Id.Google Scholar
New York City Administrative Code §§ 14–119, 14–120; South Carolina Code 44-1-200.Google Scholar