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The Social Distancing Law Project Template: A Method for Jurisdictions to Assess Understanding of Relevant Legal Authorities

Published online by Cambridge University Press:  08 April 2013

Karen Leeb ,
Denise Chrysler  and
Richard A. Goodman
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Abstract

Methods: The Centers for Disease Control and Prevention and the Association of State and Territorial Health Officials selected 17 state and large local jurisdictions on the basis of their proximity to federal quarantine stations and collaborated with their state health department legal counsel to conduct formulaic self-assessments of social distancing legal authorities, create tables of authority, and test and report on the laws' sufficiency (ie, scope and breadth). Select jurisdictions also held tabletop exercises to test public health and law enforcement officials' understanding and implementation of pertinent laws. This report presents findings for Michigan, which completed the legal assessment and tabletop exercise and made several recommendations for change as a result.

Results: Officials in Michigan concluded that there are sufficient existing laws to support social distancing measures but that a spectrum of questions remained regarding implementation of these legal authorities. Based on the findings of this assessment, Michigan initiated actions to address areas for improvement.

Conclusions: The results of this project highlighted the value of integrally involving the state health department's legal counsel—those most familiar with and who advise on a given state's public health laws—in the periodic identification, assessment, and testing of the state's legal authorities for social distancing and other measures used in response to many public health emergencies.

(Disaster Med Public Health Preparedness. 2010;4:74-80)

Keywords

social distancing law projecttemplateself-assessmentlegal authoritiesinfluenzapandemic
Type
Concepts in Disaster Medicine
Information
Disaster Medicine and Public Health Preparedness , Volume 4 , Issue 1 , March 2010 , pp. 74 - 80
Copyright
Copyright © Society for Disaster Medicine and Public Health, Inc. 2010

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References

1.Matthews, GW, Abbott, EB, Hoffman, RE. Legal authorities for interventions in public health emergencies. In: Goodman RA, Hoffman RE, Lopez W, et al, eds. The Law in Public Health Practice. New York, NY: Oxford University Press; 2007:267.Google Scholar
2.Moulton, AD, Gottfried, RN, Goodman, RA, Murphy, AM, Rawson, RD. What is public health legal preparedness? J Law Med Ethics. 2003;31 (4):672–683.CrossRefGoogle ScholarPubMed
3.Homeland Security Council. National Strategy for Pandemic Influenza. The White House Web site. November 1, 2005. http://www.flu.gov/professional/federal/pandemic-influenza.pdf. Accessed January 4, 2009.Google Scholar
4.Homeland Security Council. National Strategy for Pandemic Influenza: Implementation Plan. The White House Web site. May 2006. http://georgewbush-whitehouse.archives.gov/homeland/pandemic-influenza-implementation.html. Accessed January 4, 2009.Google Scholar
5.Gostin, LO, Sapsin, JW, Teret, SP. The Model State Emergency Health Powers Act: planning for and response to bioterrorism and naturally occurring infectious diseases. JAMA. 2002;288 ((5)):622–628.Google Scholar
6.DeMatteis, P, Brown, J. Tabletop exercises: cost effective, verifiable, practical. Trident Group Web site. http://scan.ujcfedweb.org/local_includes/downloads/23783.pdf. Accessed December 9, 2008.Google Scholar
7.Dausey, DJ, Buehler, JW, Lurie, N. Designing and conducting tabletop exercises to assess public health preparedness for manmade and naturally occurring biological threats. BMC Public Health. 2007;7:92doi: 10.1186/1471-2458-7-92.Google Scholar
8.Savoia, E, Biddinger, PD, Fox, P, Levin, DE, Stone, L, Stoto, MA. Impact of tabletop exercise on participants' knowledge of and confidence in legal authorities for infectious disease emergencies. Disaster Med Public Health Prep. 2009;3 (2):104–110.Google Scholar
9.Ransom, MM, Lopez, W, Goodman, RA, Moulton, AD. The national action agenda for public health legal preparedness. J Law Med Ethics. 2008;36 (1 suppl 1):1–67.Google Scholar
10.House Bill 4900, 95th Leg (Mich 2009). http://legislature.mi.gov/doc.aspx?2009-HB-4900. Accessed May 9, 2009.Google Scholar
11.Social distancing law project template. CDC Public Health Law Program Web site. http://www.2a.cdc.gov/phlp/sdlp. Accessed January 4, 2009.Google Scholar
12.Michigan Department of Community Health All Hazards Response Plan Version 3.0, signed by Director Janet Olszewski on April 4, 2007. [This plan is not publicly available].Google Scholar
13.Michigan Pandemic Influenza Community Health Plan. Michigan Department of Community Health Web site. http://michigan.gov/documents/mdch/MDCH_Pandemic_Influenza_v_3.1_final_draft_060107_2__198392_7.pdf. Accessed April 27, 2009.Google Scholar
14.Strategic National Stockpile information page. CDC Coordinating Office for Terrorism Preparedness and Emergency Response (COTPER) Web site. http://www.bt.cdc.gov/stockpile/. Accessed May 27, 2009.Google Scholar
15.Michigan Constitution of 1963. Art. VIII, § § 5, 6.Google Scholar
16.National Pride at Work, Inc v Governor, 274 Mich App. 147 (2007), and cases cited therein.Google Scholar
17.Michigan social distancing law project after action report. CDC Public Health Law Program Web site. http://www2a.cdc.gov/phlp/SDLP/docs/Social%20Distancing%20Law%20Projectafterexercisserpt.doc. Accessed June 9, 2009.Google Scholar
18.Hodge, JG Jr. The legal landscape for school closures in response to pandemic flu or other public health threats. Biosecur Bioterror. 2009;7 (1):45–50doi: 10.1089/bsp.2009.0006.CrossRefGoogle ScholarPubMed
19.Shaw, FE, McKie, KL, Liveoak, CA, Goodman, RAState Public Health Counsel Review Team. Variation in quarantine powers among the 10 most populous US states in 2004. Am J Public Health. 2007;97 (suppl 1):S38–S43.Google Scholar
20.HHS Pandemic Influenza Plan Part 2: public health guidance on pandemic influenza for state and local partners. US Department of Health and Human Services Web site. http://www.hhs.gov/pandemicflu/plan/part2.html. Accessed June 10, 2009.Google Scholar
21.Homeland Security Exercise and Evaluation Program. US Department of Homeland Security Web site. https://hseep.dhs.gov/pages/1001_HSEEP7.aspx. Accessed May 9, 2009.Google Scholar
22.Centers for Disease Control and Prevention Public Health Emergency Preparedness cooperative agreement informational letter. http://www.bt.cdc.gov/cotper/coopagreement/pdf/fy07announcement.pdf. Accessed June 10, 2009.Google Scholar
23.Virginia social distancing law project. Virginia Department of Health Web site. http://www.vdh.state.va.us/EPR/Planning/sdlp.htm. Accessed May 26, 2009.Google Scholar