Legal Preparedness for Public Health Emergencies: TOPOFF 2 and other Lessons

2003 ◽  
Vol 31 (S4) ◽  
pp. 43-44 ◽  
Author(s):  
John A. Heaton ◽  
Anne M. Murphy ◽  
Susan Allan ◽  
Harald Pietz

There is a fine balance between civil liberties and protection of the public’s health.Legislators, especially those in the western United States, are concerned about selling the Model State Act (“Act”) because of the loss of civil liberties. State constitutions give governors broad powers, such as declaring martial law and giving public health leaders the authority to act. State laws should consider issues such as property rights; taking of businesses and supplies; quarantine and isolation; due process; coordination among states, counties and cities; communication systems; conscription of doctors and nurses; and compensation. When two mock emergency response drills were held in New Mexico, concerns arose regarding opening records associated with dams, national laboratories, waste repositories, and three air force bases.

2012 ◽  
Vol 7 (4) ◽  
pp. 295-302 ◽  
Author(s):  
Jon S. Vernick, JD, MPH ◽  
Maxim Gakh, JD, MPH ◽  
Lainie Rutkow, JD, PhD, MPH

Public health emergencies (disasters) are associated with mental health conditions ranging from mild to severe.When persons pose a danger to themselves or others, a brief emergency detention allows a mental health assessment to determine if a lengthier involuntary civil commitment is needed. Involuntary commitment requires participation of the civil justice system to provide constitutionally mandated due process protections. However, disasters may incapacitate the judicial system, forcing emergency detainees to be prematurely released if courts are unavailable. The authors review state laws regarding emergency detention of persons deemed a potential mental health-related danger. Although some states are well prepared for the dual impact of disasters on mental health and the court system, important gaps exist.The authors recommend that state laws anticipate the need for brief extensions of emergency detention periods without court participation. States should also include mental health considerations in their disaster preparedness plans for the court system.


2020 ◽  
Vol 9 (1) ◽  
pp. 15
Author(s):  
Supriya Bezbaruah ◽  
RodericoH Ofrin ◽  
Nilesh Buddha ◽  
MaungMaung Htike ◽  
AnilK Bhola

Author(s):  
James D. Holt ◽  
Sudevi Navalkar Ghosh ◽  
Jennifer R. Black

Epidemiologists are not expected to know every facet of public law. However, field epidemiology requires an appreciation of applicable legal authorities and general legal responsibilities of public health officials. Applicable legal authorities vary by jurisdiction. The general legal responsibilities will pertain to the range of public health activities, including public health surveillance; privacy of medical records; and privacy concerns related to collection, analysis, and dissemination of data. Epidemiologists need to understand the scope of the federal and state legal authorities that support their work in the field. The exercise of these often broad authorities is restrained by the liberty and due process protections provided by the US Constitution and state constitutions. The primary objective of this chapter is to provide basic information about laws and regulations that will or may affect the work of epidemiologists as they conduct investigations.


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.


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