No CrossRef data available.
Article contents
Public Health Control Measures in Response to Global Pandemics and Drug Resistance
Published online by Cambridge University Press: 01 January 2021
Extract
These teaching materials explore the specific powers of governments to implement control measures in response to communicable disease, in two different contexts:
The first context concerns global pandemic diseases. Relevant legal authority includes international law, World Health Organization governance and the International Health Regulations, and regulatory authority of nations.
The second context is centered on U.S. law and concerns control measures for drug-resistant disease, using tuberculosis as an example. In both contexts, international and domestic, the point is to understand legal authority to address public health emergencies.
- Type
- JLME Supplement
- Information
- Copyright
- Copyright © American Society of Law, Medicine and Ethics 2015
References
For a brief overview of legal issues relevant to any pandemic disease, including international governance issues, see Price, P. J., Ebola and the Law in the United States: A Short Guide to Public Health Authority and Practical Limits (December 23, 2014). Emory Legal Studies Research Paper No. 14–299, available at <http://ssrn.com/abstract=2538187> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
This problem scenario is adapted from materials provided to me by the late Professor Bederman, David J., Emory University School of Law.Google Scholar
World Health Organization, International Health Regulations (2005), available at <http://whqlibdoc.who.int/publications/2008/9789241580410_eng.pdf> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
World Health Organization, “Strengthening health security by implementing the International Health Regulations (2005),” available at <http://www.who.int/ihr/ports_airports/en> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
World Health Organization, “Ebola Virus Disease,” available at <http://www.who.int/csr/disease/ebola/en> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
World Health Organization, “Frequently Asked Questions about the International Health Regulations (2005),” available at <http://www.who.int/ihr/about/FAQ2009.pdf> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
Cowling, A. Cumming-Bruce, N., “U.N. Agency Calls Ebola Outbreak an International Health Emergency,” New York Times, August 8, 2014, available at <http://www.nytimes.com/2014/08/09/world/africa/who-declares-ebola-in-west-africa-a-health-emergency.html> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
Katz, R., “Use of Revised International Health Regulations during Influenza A (H1N1) Epidemic, 2009,” Emerging Infection Diseases 15, no. 8 (2009), available at <http://wwwnc.cdc.gov/eid/article/15/8/09–0665_article> (last visited June 10, 2015).Google Scholar
World Health Organization, Statement on the 2nd meeting of the IHR Emergency Committee regarding the 2014 Ebola outbreak in West Africa, September 22, 2014, available at <http://www.who.int/mediacentre/news/statements/2014/ebola-2nd-ihr-meeting/en/> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
Parts of this scenario are based upon factual scenarios prepared by the CDC Division of Tuberculosis Elimination, available at <http://www.cdc.gov/phlp/docs/User%27s%20Guide%20for%20Implementing%20Scenario.pdf> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
Price, P. J., “If Tuberculosis Spreads…,” New York Times, July 8, 2014, available at <http://www.nytimes.com/2014/07/09/opinion/if-tuberculosis-spreads.html> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
Centers For Disease Control and Prevention, Antibiotic Resistance Threats in the United States, available at <http://www.cdc.gov/drugresistance/threat-report-2013/pdf/arthreats-2013-508.pdf> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
Caldwell, C., “3 Dead in TB Outbreak at Atlanta Homeless Shelters,” Atlanta Business Chronicle, August 8, 2014, available at <http://www.11alive.com/story/news/local/2014/08/08/homeless-tb-outbreak/13773035> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
Walters, E., “States, Feds Target El Paso Hospital Over TB Exposure,” Texas Tribune, September 24, 2014, available at <http://www.texastribune.org/2014/09/22/state-feds-target-el-paso-hospital-tb-exposure> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
Centers for Disease Control and Prevention, “Legal Authorities for Isolation and Quarantine,” available at <http://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
See Centers for Disease Control and Prevention, Tuberculosis Control Laws and Policies, <http://www.cdc.gov/tb/programs/TBLawPolicyHandbook.pdf> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
See Campbell, S. F., “TB Patient Won't Be Coming to Coweta County,” Newnan Times-Herald, December 18, 2014, available at <http://www.times-herald.com/local/20141218-TB-patient-update-21-inch> (last visited June 10, 2015). (last visited June 10, 2015).' href=https://scholar.google.com/scholar?q=See+Campbell,+S.+F.,+“TB+Patient+Won't+Be+Coming+to+Coweta+County,”+Newnan+Times-Herald,+December+18,+2014,+available+at++(last+visited+June+10,+2015).>Google Scholar
National Conference of State Legislatures, “State Quarantine and Isolation Statutes,” available at <http://www.ncsl.org/research/health/state-quarantine-and-isolation-statutes.aspx> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
The Centers for Law and the Public's Health, “The Model State Emergency Health Powers Act (MSEHPA),” available at <http://www.publichealthlaw.net/ModelLaws/MSEHPA.php> (last visited June 10, 2015). (last visited June 10, 2015).' href=https://scholar.google.com/scholar?q=The+Centers+for+Law+and+the+Public's+Health,+“The+Model+State+Emergency+Health+Powers+Act+(MSEHPA),”+available+at++(last+visited+June+10,+2015).>Google Scholar
The Centers for Law and the Public's Health, The Model State Emergency Health Powers Act, available at <http://www.publichealthlaw.net/MSEHPA/MSEHPA2.pdf> (last visited June 10, 2015). (last visited June 10, 2015).' href=https://scholar.google.com/scholar?q=The+Centers+for+Law+and+the+Public's+Health,+The+Model+State+Emergency+Health+Powers+Act,+available+at++(last+visited+June+10,+2015).>Google Scholar
Texas Department of State Health Services, “Court Order Management Forms,” available at <http://www.dshs.state.tx.us/idcu/disease/tb/forms/#CourtOrderMgmt> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar
Wasem, R. E., Congressional Research Service, Immigration Policies and Issues on Health-Related Grounds for Exclusion (2011), available at <http://www.fas.org/sgp/crs/homesec/R40570.pdf> (last visited June 10, 2015). See also Price, P. J., “Can U.S. Immigration Law Be Reconciled with the Protection of Public Health?” New York University Journal of Legislation and Public Policy (2014), available at <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2397524> (last visited June 10, 2015) (describing federal-state relationships for TB control measures).+(last+visited+June+10,+2015).+See+also+Price,+P.+J.,+“Can+U.S.+Immigration+Law+Be+Reconciled+with+the+Protection+of+Public+Health?”+New+York+University+Journal+of+Legislation+and+Public+Policy+(2014),+available+at++(last+visited+June+10,+2015)+(describing+federal-state+relationships+for+TB+control+measures).>Google Scholar
See Department of Homeland Security, “Public Charge,” available at <http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge> (last visited June 10, 2015).+(last+visited+June+10,+2015).>Google Scholar