Navigating Legal Barriers to Effective Public Health
Emergency ResponseMeredith Allen, DrPH, MS
Director, Preparedness and Strategic PartnershipsASTHO
Objective◦ To develop and share with the practice
community sets of tools that all public health officials can use to improve their understandings of critical legal barriers to effective infectious disease response and devise approaches to eliminating those barriers that reflect useful practices
ASTHO Legal Barriers Project
H1N1 Policy Barriers Project◦ Environmental scan, survey, state-based field
assessments, advisory workgroup input Report: Assessing Policy Barriers to Effective
Public Health Response, June 2010◦ 200 barriers identified◦ 31 prioritized as frequent, significant, and/or
pressing
Precursor to Legal Barriers Project
Advisory Committee ranked legal topics identified in Policy Barriers project
Topics prioritized for the development of tools:◦ Statutory Authorities and Liability Protections◦ Emergency Use Authorizations◦ Public Health & Schools ◦ Expanded Scope of Practice
Legal Barriers Project
ASTHO Legal Preparedness Toolkits
Project has its genesis in responses to H1N1 and prior infectious disease and other emergencies
Found that two types of legal issues arose:◦ Some unique to or arising in that event (“new”)◦ Others perennial with each event (“old”)
Wanted a way to address “old” and “new” issues for different and changing audiences
For use by multiple audiences◦ State and local health officers◦ Program staff◦ Legal counsel
Meet different needs◦ Learning or refreshing◦ Accessing additional resources◦ In preparation and response situations
Provide quick references
Focus of Toolkits
Emergency Authority & Immunity (EAI) Emergency Use Authorization (EUA) Public Health & Schools (Schools) Scope of Practice (SOP) Public Health & Information Sharing Emergency Volunteers Drug Shortage (in development) Altered Standards of Care (in development)
Eight Toolkits Developed
Toolkit Overview Each kit contains a mix of document types
with different levels of detail about the issues covered in the toolkit
Access kits through a project introductory webpage on ASTHO’s website
Presented in multiple formats◦ Online at ASTHO website◦ Printable in PDF format
Table of Contents Executive Overviews Fact Sheets Issue Briefs State Analysis Guides Current Issues Updates Resource Materials Supplement
Document Types in the Kits
Toolkit Overview
Table of Contents
Table of Contents
Executive Overviews
• One-page snapshots of key concepts and issues
FactSheets
• One-page documents addressing fundamental issues or legal authorities
FactSheets
• One-page documents addressing fundamental issues or legal authorities
IssueBriefs
• In-depth information and analyses of fundamental issues
State AnalysisGuides
• Aids to assist states in identifying and analyzing their own statutes, regulations, and policies
Current IssuesUpdates
• Periodic updates on new and evolving issues
Resource MaterialsSupplement
• Bibliographies and links to key agencies, organizations, laws, and other documents
Resource MaterialsSupplement
• Bibliographies and links to key agencies, organizations, laws, and other documents
Next Steps on Toolkits Evaluation of the toolkits
◦ Link to survey on legal barriers website Updates to first 4 toolkits
◦ Reauthorization of Pandemic All-Hazards and Preparedness Act (PAHPA)
CDC Office of Public Health Preparedness and Response
CDC Public Health Law Program Pat Elliott, Logan Circle Policy Group Members of the ASTHO Legal Barriers Advisory
Workgroup The Network for Public Health Law- Mid-States
Regional Center, University Of Michigan
Acknowledgements
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