Unit 5 Seminar Professor Quiana Bradshaw August 31, 2011.

Unit 5 Unit 5 SeminarSeminarProfessor Quiana Bradshaw

August 31 2011

Unit 5 ReadingUnit 5 Readingbull Chapter 11 ldquoLegal Authorities for Interventions in

Public Health Emergencies

Chapter 11 SubtopicsChapter 11 Subtopicsbull Historical Perspective Sources of legal authority

for public health emergency situationsbull State public health laws and federal assistance

State Emergency State Emergency Public PowersPublic Powers

bull Disease reporting and medical surveillancebull Subpoena of business information customer listsbull Commander private buildings and seize

pharmaceuticals abate nuisancesbull Personal-control measuresbull Legal communitybull Dissemination of public health information

bull Executive Summarybull Frameworkbull Disaster preparedness plans have the potential to

protect at-risk populations from harmbull and maintain or quickly restore the routines and

functions of civil society But even thebull most thorough and prescient plan will fall short if

it does not reach across professionalbull jurisdictions and agencies

A Framework for improving

Emergency Response

Workgroup Workgroup Charge and Charge and

ProductsProductsbull To make the jump across sectoral lines faster and

more focused Centers for Diseasebull Control and Preventionrsquos (CDC) Coordinating Office for

Terrorism Preparedness andbull Emergency Response (COTPER) supported a joint

initiative between CDCrsquos Public Healthbull Law Program (PHLP) and the US Department of

Justicersquos Bureau of Justice Assistancebull (DOJBJA) in 2007 The two organizations convened a

28-member Workgroup on Publicbull Health and Law Enforcement Emergency

Preparedness that included experts representingbull four sectors public health law enforcement the

judiciary and corrections

Guiding PrinciplesGuiding Principlesbull As the Workgroup members considered ways to

improve cross-sector coordination forbull emergency preparedness they were guided by

several core principles balancing federalbull state and local power and responsibilities

balancing the common good with safeguardingbull of individual liberties preserving the rule of law

and building on existing emergencybull response coordination mechanisms and

structures wherever possible

Relationships Relationships Among SectorsAmong Sectors

bull While the most complementary and close connection might be between law enforcement

bull and public health the other sectors represented on the Workgroup mdash the judiciary and

bull corrections mdash also are key partners For example in a contagious disease epidemic a

bull public health official may request a quarantine of a group or area and law enforcement

bull C D C D O J P U B L I C H E A L T H L A W E N F O R C E M E N T E M E R G E N C Y

bull P R E P A R E D N E S S W O R K G R O U Pbull officers would be responsible for enforcing it but legal challenges to either

public healthbull or police authority quickly would engage the court system Likewise an infected

personbull resisting an isolation order might be arrested but could not be admitted to a

crowded jail

bull or health-care facility without endangering other inmates staff or patients

Organizing to Implement Action Steps

bull To optimize preparedness at any jurisdictional level (ie local state territorial tribal

bull federal) agencies and organizations require a comprehensive understanding of the other

bull sectorsrsquo roles responsibilities legal authorities and assets that relate to responses to

bull selected public health emergencies (eg natural disasters contagious disease epidemics

bull suspected biological or chemical terrorism) Therefore each jurisdiction may first need to

bull organize by establishing a framework for periodically convening senior representatives

bull from each sector to review and address these and related considerations

Organizing to Implement

Action Stepsbull Action steps includebull 1048707 Establishing a standing steering committee to direct the

jurisdictionrsquos initiative forbull improved coordinated multi-sector responsebull 1048707 Developing a detailed plan to achieve full capability to mount a

coordinated multisectorbull response to public health emergenciesbull 1048707 Integrating the steering committeersquos plan into the jurisdictionrsquos

NIMS-compliantbull emergency planningmanagement plansbull 1048707 Establishing direct linkages between the steering committee and the

jurisdictionrsquosbull emergency planning and management systemsbull Establishing direct linkages with counterparts in adjacent jurisdictions

(eg citiesbull counties states territories tribes Canadian provinces and Mexican

states)

Organizational Scope of Public

Health Emergency Lawbull Public health emergency laws must initially

facilitate the joint efforts of local and state health department federal agencies and public or private health-care facilities

bull State public health organizational structures may have separate legal authorities for public health mental health Medicaid services and emergency management services

Silos of Federal State Silos of Federal State Local Legal Local Legal

PreparednessPreparednessbull Public Healthbull FireEmergency Medical Servicesbull Homeland SecurityEmergency Managementbull Law Enforcementbull JudicialLegal Systembull Food Agriculture

History of Federal Disaster History of Federal Disaster

AssistanceAssistance

bull 1950 ndash Public Law 80-875o Before 1950 a comprehensive disaster program

did not exist Congress funded disaster recovery on an incident-by-incident basis In 1950 Congress enacted the initial Disaster Assistance Program Public Law 80-875

bull 1969 ndash Disaster Relief Acto This law introduced the idea of the Federal

Coordinating Officer (FCO) and placed the management of the federal disaster assistance under one individual whom the President appointed

bull 1974 ndash Disaster Relief Act (Public Law 93-288) o In April of 1974 a series of devastating tornadoes

hit six Midwestern states This event confirmed the need to add assistance to individuals and families to the Disaster Relief Program As a result the Disaster Relief Act of 1974 was established

bull 1979 ndash Executive Order 12127o On March 31 1979 Congress passed this order

which established the Federal Emergency Management Agency to consolidate the nationrsquos emergency related programs



bull 1988 ndash Robert T Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288 as amended)o In November 1988 Congress passed this act to

provide a framework for continued disaster assistance The Act establishes the Presidential declaration process for major emergencies provides for the implementation of disaster assistance and sets forth the various disaster assistance programs It also legislated a minimum 75 federal 25 statelocal cost-sharing for the Public Assistance (PA) Program



Sec102(1)Sec102(1)

DefinitionsDefinitions

bull ldquoEmergencyrdquo ndash means any occasion or instance for which in the determination of the President Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety or to lesson or avert the threat of a catastrophe in any part of the United States

Emergency Emergency DeclarationsDeclarations

bull Quarantines amp Isolationbull Travel Restrictionsbull Contact Tracingbull Medical examinations and treatment

Federal DeclarationsFederal Declarationsbull FEMAbull Medicare amp Medicaid

ReferencesReferencesbull Stafford R (nd) Disaster Relief amp Emergency

Assistance Retrieved August 31 2011 from wwwncsgovtposesf320-20Bearden-Stafford20Actppt

Unit 5 ReadingUnit 5 Readingbull Chapter 11 ldquoLegal Authorities for Interventions in

Public Health Emergencies











Emergency Response

























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states)























Sec102(1)Sec102(1)


















Emergency Response

























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states)























Sec102(1)Sec102(1)
































crowded jail

















states)























Sec102(1)Sec102(1)























states)























Sec102(1)Sec102(1)






























Sec102(1)Sec102(1)








Unit 5 Seminar Professor Quiana Bradshaw August 31, 2011.

Documents

Transcript of Unit 5 Seminar Professor Quiana Bradshaw August 31, 2011.