Federal Legal Preparedness Tools for Facilitating Medical Countermeasure Use during Public Health Emergencies

2013 ◽  
Vol 41 (S1) ◽  
pp. 22-27 ◽  
Author(s):  
Brooke Courtney ◽  
Susan Sherman ◽  
Matthew Penn

Law can greatly facilitate responses to public health emergencies, including naturally-occurring infectious disease outbreaks and intentional or accidental exposures to chemical, biological, radiological, or nuclear (CBRN) agents. At the federal level, the Secretary of the Department of Health and Human Services (HHS), as the lead for federal public health and medical responses to public health emergencies and incidents, has a range of authorities to support federal, state, tribal, local, and territorial responses. For example, under the Public Health Service (PHS) Act, the Secretary may provide temporary assistance to States to meet health emergency needs or deploy medicine and supplies from the Strategic National Stockpile. The Secretary also may determine that a disease or disorder presents a public health emergency, which may be the first step in triggering other critical legal authorities for response.Since the 2001 anthrax attacks, one focus of public health preparedness has been on developing, distributing, and rapidly dispensing medical countermeasures (MCMs) for CBRN emergencies and pandemics.

2014 ◽  
Vol 8 (1) ◽  
pp. 89-94 ◽  
Author(s):  
Joseph M. Posid ◽  
Richard A. Goodman ◽  
Ali S. Khan

AbstractFollowing the intentional dissemination of B.anthracis through the U.S. Postal Service in 2001, use of the term “naturally occurring” to classify some infectious disease outbreaks has become more evident. However, this term is neither a scientific nor an epidemiologic classification that is helpful in describing either the source or the mode of transmission in outbreaks. In this paper, the authors provide examples of how and when the public health community has recognized potentially flawed or misleading taxonomy in the past and taken steps to improve the taxonomy's accuracy and usefulness. We also offer examples of alternative terms for classifying outbreaks since inaccurate descriptions of outbreaks could potentially lead to a flawed or incomplete set of underlying assumptions about the outbreak's causal factors. This, in turn, could lead to implementing a flawed or incomplete intervention or response strategy which could extend the duration of the outbreak, resulting in avoidable morbidity and mortality. (Disaster Med Public Health Preparedness. 2014;0:1–6)


2019 ◽  
Vol 47 (S2) ◽  
pp. 55-58
Author(s):  
Tina Batra Hershey

Public health emergencies, including infectious disease outbreaks and natural disasters, are issues faced by every community. To address these threats, it is critical for all jurisdictions to understand how law can be used to enhance public health preparedness, as well as improve coordination and collaboration across jurisdictions. As sovereign entities, Tribal governments have the authority to create their own laws and take the necessary steps to prepare for, respond to, and recover from disasters and emergencies. Legal preparedness is a key component of public health preparedness. This article first explains legal preparedness and Tribal sovereignty and then describes the relationship between Tribal Nations, the US government, and states. Specific Tribal concerns with respect to emergency preparedness and the importance of coordination and collaboration across jurisdictions for emergency preparedness are discussed. Examples of collaborative efforts between Tribal and other governments to enhance legal preparedness are described.


Author(s):  
Pedro A. Villarreal

Abstract The current chapter deals with public health emergencies and their linkages to constitutional law and theory. The ongoing COVID-19 pandemic poses myriad challenges to constitutional regimes around the world. However, it is by no means the first time that public health emergencies have led to questions of constitutionalism. Past instances of disease outbreaks had already highlighted how emergency legal frameworks unfold when facing the challenge of containing their spread. Against this backdrop, the chapter focuses on pre-COVID-19  instances of cross-border epidemics and pandemics, such as A(H1N1) Influenza, Ebola and Zika, and some of their implications for constitutionalism. These examples of infectious disease outbreaks are assessed by resorting to three models-archetypes of constitutional emergencies as a theoretical background. As they show a coupling between the international and national levels, a brief glimpse at applicable international law regimes is put forward. Ultimately, public health emergencies are not taken as a new genus within already existing classifications. Nevertheless, this contribution shows how they do warrant more detailed analysis, given how their technical features put theories related to constitutionalism under extreme conditions to the test. The contribution was initially drafted before the onset of the COVID-19 pandemic in 2020. Thus, it is a mostly retrospective analysis. Nevertheless, insights taken from outbreaks preceding COVID-19 can help build a broader outlook of the puzzle related to how the intertwinement between constitutionalism and public health emergencies can be addressed through a broader perspective not limited to one disease.


2021 ◽  
pp. medethics-2020-106858
Author(s):  
Shenuka Singh ◽  
Rosemary Jean Cadigan ◽  
Keymanthri Moodley

Biobanking can promote valuable health research that may lead to significant societal benefits. However, collecting, storing and sharing human samples and data for research purposes present numerous ethical challenges. These challenges are exacerbated when the biobanking efforts aim to facilitate research on public health emergencies and include the sharing of samples and data between low/middle-income countries (LMICs) and high-income countries (HICs). In this article, we explore ethical challenges for COVID-19 biobanking, offering examples from two past infectious disease outbreaks in LMICs where biobanking activities contributed to the perpetuation of global inequities. We focus on how the ethical imperative to promote the common good during public health emergencies can conflict with protecting the interests of biobank participants. We discuss how conducting biobank research under a waiver of informed consent during public health emergencies is ethically permissible, provided guidance is in place to prevent biopiracy and exploitation of vulnerable communities. We also highlight the need for biobank collaborations between LMICs and HICs to promote capacity building and benefit sharing. Finally, we offer guidance to promote the ethical oversight of biobanks and biobank research during the COVID-19 pandemic or other future public health emergencies.


2021 ◽  
Vol 27 (1and2) ◽  
pp. 63-84
Author(s):  
Romitesh Kant ◽  
Rufino Varea

The COVID-19 pandemic has caused significant challenges for the health system across the globe and fueled the surge of numerous rumours, hoaxes, and misinformation regarding outcomes, prevention and cure of the virus.  The COVID-19 pandemic has also had severe political, economic and societal effects and affected media and communication systems in unprecedented ways. While traditional journalism has tried to adapt to the rapidly evolving situation, alternative news media on the internet have given the events an ideological spin. These voices have been criticised for furthering societal confusion and spreading potentially dangerous ‘fake news’ or conspiracy theories via social media and other online channels. The impact of the disease and the lack of information associated with it have allowed medical misinformation to rapidly surface and propagate on various social media platforms. Previous studies have highlighted a similar trend during recent public health emergencies, mainly the Ebola and Zika outbreaks. Such a phenomenon is alarming on both individual and public health levels to the extent that governments are realising the gravity and attempting to limit its effects. This article offers a unique perspective because it provides data-driven qualitative insights into Fijian Facebook posts related to infectious disease outbreaks. This study aims to understand public views and opinions on Fijian social media during the height of the pandemic in 2020 and to outline potential implications for health information.


2020 ◽  
Vol 18 (7) ◽  
pp. 41-43
Author(s):  
Taleed El-Sabawi, JD, PhD ◽  
Leo Beletsky, JD, MPH ◽  
Cynthia Hernandez, JD ◽  
Jennifer J. Carroll, PhD, MPH

In this editorial, we address the urgent need to rapidly expand hospital and ICU capacity during the COVID-19 pandemic and future infectious disease outbreaks. As a remedy to this problem currently plaguing many US municipalities, we discuss states' Emergency Takings Power, an alternative to eminent domain proceedings that allows the immediate commandeering of vacant hospitals without exorbitant costs or the need to litigate fair market price up front. We briefly describe the legal basis for emergency takings power and how states can empower local municipalities to act on that power during public health emergencies.


2013 ◽  
Vol 41 (2) ◽  
pp. 529-534
Author(s):  
James G. Hodge ◽  
Daniel G. Orenstein ◽  
Kim Weidenaar ◽  
Nick Meza ◽  
Laura Van Buren ◽  
...  

Major disasters and public health emergencies constantly test the nation's resolve to rally and recover from tragedy. Public health crises stemming from prolonged threats like the 2009/2010 H1N1 influenza pandemic require sustained preparedness and response over many months. Even shorter-duration events, like tornados, earthquakes, or hurricanes, leave lasting impacts for which full recovery may take years. Telling examples include the displacement of thousands of persons across the Gulf Coast states following Hurricane Katrina in 2005 and difficulties obtaining basic housing and services that persisted in the Northeast months after Hurricane Sandy in 2012. Whether the result of natural disasters, infectious disease outbreaks, bioterrorism, or other causes, these events can change the societal landscape in affected regions.Despite the challenges of recovery across populations stemming from national or regional emergencies, Americans have consistently supported those directly affected.


Author(s):  
Janice Arceneaux ◽  
James Dickens ◽  
Wanza Bacon

Established in 1889, the United States Public Health Service Commissioned Corps (Corps) is one of the seven uniformed services and is part of the U.S. Department of Health and Human Services. The Corps is committed to protecting, promoting and advancing the health and safety of the nation with a history that dates back over two centuries, beginning as the U.S. Marine Hospital Service. Today, the Corps responds and serves in many areas impacted by natural disasters, disease outbreaks, terrorist attacks and public health emergencies. Corps officers have deployed to provide assistance during national public health emergencies (e.g., hurricanes, bombings, flooding and wild fires); to combat the Ebola epidemic in West Africa; and to provide humanitarian assistance in Latin America and the Caribbean. Corps deployments impact not only service members but also their families. This article offers a brief overview of the Corps and discusses how deployments impact families. Family resiliency and future implications for research and practice will also be examined.


Complexity ◽  
2021 ◽  
Vol 2021 ◽  
pp. 1-10
Author(s):  
Yi-Cheng Zhang ◽  
Zhi Li ◽  
Guo-Bing Zhou ◽  
Nai-Ru Xu ◽  
Jia-Bao Liu

After the occurrence of public health emergencies, due to the uncertainty of the evolution of events and the asymmetry of pandemic information, the public’s risk perception will fluctuate dramatically. Excessive risk perception often causes the public to overreact to emergencies, resulting in irrational behaviors, which have a negative impact on economic development and social order. However, low-risk perception will reduce individual awareness of prevention and control, which is not conducive to the implementation of government pandemic prevention and control measures. Therefore, it is of great significance to accurately evaluate public risk perception for improving government risk management. This paper took the evolution of public risk perception based on the COVID-19 region as the research object. First, we analyze the characteristics of infectious diseases in the evolution of public risk perception of public health emergencies. Second, we analyze the characteristics of risk perception transmission in social networks. Third, we establish the dynamic model of public risk perception evolution based on SEIR, and the evolution mechanism of the public risk perception network is revealed through simulation experiments. Finally, we provide policy suggestions for government departments to deal with public health emergencies based on the conclusions of this study.


2021 ◽  
Vol 2021 ◽  
pp. 1-14
Author(s):  
Zhiqi Xu ◽  
Yukun Cheng ◽  
Shuangliang Yao

Public health emergencies are more related to the safety and health of the public. For the management of the public health emergencies, all parties’ cooperation is the key to preventing and controlling the emergencies. Based on the assumption of bounded rationality, we formulate a tripartite evolutionary game model, involving the local government, the enterprises, and the public, for the public health emergency, e.g., COVID-19. The evolutionary stable strategies under different conditions of the tripartite evolutionary game are explored, and the effect from different factors on the decision-makings of participants for public health emergencies is also analyzed. Numerical analysis results show that formulating reasonable subsidy measures, encouraging the participation of the public, and enforcing the punishment to enterprises for their negative behaviors can prompt three parties to cooperate in fighting against the epidemic. Our work enriches an understanding of the governance for the public health emergency and provides theoretical support for the local government and related participants to make proper decisions in public health emergencies.


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