Achieving public health legal preparedness: how dissonant views on public health law threaten emergency preparedness and response

Botoseneanu, Anda; Wu, Helen; Wasserman, Jeffrey; Jacobson, Peter

doi:10.1093/pubmed/fdq092

Cited by 19 publications

(23 citation statements)

References 18 publications

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“…60 These liability protections provide assurance that individuals, including health department workers, will not be held personally responsible for adverse outcomes related to countermeasures that they dispense or administer as part of the response. Local health department workers have previously expressed concerns about liability and related protections during a response; 61 thus, the presence of specific liability protections may increase their comfort with response participation.…”

Section: Legal Considerationsmentioning

confidence: 99%

Willingness of the Local Health Department Workforce to Respond to Infectious Disease Events: Empirical, Ethical, and Legal Considerations

Taylor¹,

Rutkow²,

Barnett³

2014

Biosecurity and Bioterrorism: Biodefense Strategy, Practice, an

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According to the Institute of Medicine, the local health department workforce is at the hub of the public health emergency preparedness system. A growing body of research has pointed to troubling attitudinal gaps among local health department workers, a vital response cohort, regarding willingness to respond to emergent infectious disease threats, ranging from naturally occurring pandemics to bioterrorism events. A summary of relevant literature on the empirical evidence, ethical norms, and legal standards applicable to the willingness of public health professionals to respond to an infectious disease emergency is presented. Recommendations are proposed for future work to be done to bring the relevant empirical, ethical, and legal considerations together to develop practical guidance for the local response to infectious disease emergencies.

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Section: Legal Considerationsmentioning

confidence: 99%

Willingness of the Local Health Department Workforce to Respond to Infectious Disease Events: Empirical, Ethical, and Legal Considerations

Taylor¹,

Rutkow²,

Barnett³

2014

Biosecurity and Bioterrorism: Biodefense Strategy, Practice, an

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show abstract

“…In reality, law can do little to compel effective coordination or to alleviate the cultural gap between public health and emergency management professionals (Botoseneanu et al 2011). In fact, reliance on law to achieve effective coordination is probably a mistake.…”

Section: The Consequences For Legal Preparednessmentioning

confidence: 99%

The Role of Law in Public Health Preparedness: Opportunities and Challenges

Jacobson

Wasserman

Botoseneanu³

et al. 2012

Journal of Health Politics, Policy and Law

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We report the results of a study designed to assess and evaluate how the law shapes the public health system's preparedness activities. Based on 144 qualitative interviews conducted in nine states, we used a model that compared the objective legal environment with how practitioners perceived the laws. Most local public health and emergency management professionals relied on what they perceived the legal environment to be rather than on an adequate understanding of the objective legal requirements. Major reasons for the gap include the lack of legal training for local practitioners and the difficulty of obtaining clarification and consistent legal advice regarding public health preparedness. Narrowing the gap would most likely improve preparedness outcomes. We conclude that there are serious deficiencies in legal preparedness that can undermine effective responses to public health emergencies. Correcting the lack of legal knowledge, coupled with eliminating delays in resolving legal issues and questions during public health emergencies, could have measurable consequences on reducing morbidity and mortality.

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“…Critical decisions must be made sometimes under amorphous legal standards that are subject to change in declared emergencies. 70 Through ''legal triage,'' 64 public and private health practitioners, emergency responders, and their legal counsel must prioritize legal issues and solutions in real time to facilitate legitimate public health responses during declared states of emergencies by:…”

Section: Practicing Public Health Law In Emergenciesmentioning

confidence: 99%

The Evolution of Law in Biopreparedness

Hodge

2012

Biosecurity and Bioterrorism: Biodefense Strategy, Practice, an

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The decade following the terrorist attacks on September 11, 2001, and ensuing anthrax exposures that same fall has seen significant legal reforms designed to improve biopreparedness nationally. Over the past 10 years, a transformative series of legal changes have effectively (1) rebuilt components of federal, state, and local governments to improve response efforts; (2) created an entire new legal classification known as "public health emergencies"; and (3) overhauled existing legal norms defining the roles and responsibilities of public and private actors in emergency response efforts. The back story as to how law plays an essential role in facilitating biopreparedness, however, is pocked with controversies and conflicts between law- and policymakers, public health officials, emergency managers, civil libertarians, scholars, and others. Significant legal challenges for the next decade remain. Issues related to interjurisdictional coordination; duplicative legal declarations of emergency, disaster, and public health emergency; real-time legal decision making; and liability protections for emergency responders and entities remain unresolved. This article explores the evolving tale underlying the rise and prominence of law as a pivotal tool in national biopreparedness and response efforts in the interests of preventing excess morbidity and mortality during public health emergencies.

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Achieving public health legal preparedness: how dissonant views on public health law threaten emergency preparedness and response

Abstract: Distinct interpretations of preparedness law impede effective collaboration for PH preparedness. Clarification of legal authority mandates, designation within laws of scope of preparedness activities and guidance on interpretation of current federal and state laws are needed.

Cited by 19 publications

References 18 publications

Willingness of the Local Health Department Workforce to Respond to Infectious Disease Events: Empirical, Ethical, and Legal Considerations

Willingness of the Local Health Department Workforce to Respond to Infectious Disease Events: Empirical, Ethical, and Legal Considerations

The Role of Law in Public Health Preparedness: Opportunities and Challenges

The Evolution of Law in Biopreparedness

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