Act outlines ways to protect health care workers and the public in an emergency. (Health Policy Update).The events of September 11th brought a new level of interest in the role of public health in national defense. One important component of this new role is the legal framework for public health powers needed to control epidemics and reduce the morbidity associated with disasters. In most states, the police powers police powers n. from the 10th Amendment to the Constitution, which reserves to the states the rights and powers "not delegated to the United States" which include protection of the welfare, safety, health and even morals of the public. of public health laws have not been updated for several years and may not represent the authorities' needs in a catastrophic health emergency. Recently, a national effort got under way to encourage the modernization of public health authorities. Many states are debating these powers as they review state security concerns. The model act The Model State Emergency Powers Act The title Emergency Powers Act has been included in the name of various UK laws:
The act was crafted for the U.S. Centers for Disease Control and Prevention Centers for Disease Control and Prevention (CDC), agency of the U.S. Public Health Service since 1973, with headquarters in Atlanta; it was established in 1946 as the Communicable Disease Center. (CDC See Control Data, century date change and Back Orifice. CDC - Control Data Corporation ) by the Center for Law and the Public's Health at the Georgetown and Johns Hopkins universities Johns Hopkins University, mainly at Baltimore, Md. Johns Hopkins in 1867 had a group of his associates incorporated as the trustees of a university and a hospital, endowing each with $3.5 million. Daniel C. . While defined as a "model act" the document is really a blueprint of the kinds of authorities needed in an emergency. It covers a broad range of areas of interest to public health officials such as: * Plan development * Surveillance for the early detection of a public health emergency * Disease reporting * Authority for disease containment to include isolation and quarantine * Authority to provide for medical care * Property rights, should officials use and appropriate property The details The act would require each state or territory to develop a plan to address an emergency and defines a broad range of components to be included in the plan. Most states will be doing this type of planning even without this kind of legislation because recent funding from the CDC requires a similar plan to receive public health preparedness funding. The act defines the reporting requirements for reportable diseases reportable diseases, n.pl contagious diseases that must be reported by the physician to public health authorities. They include but are not limited to malaria, influenza, poliomyelitis, relapsing fever, typhus, yellow fever, cholera, and bubonic plague. for health care providers, medical examiners or coroners, pharmacists and veterinarians Veterinarians and veterinary surgeons (vets) are medical professionals who operate exclusively on animals. Well-known and notable veterinarians include:
steer, tip, wind, hint, lead with appropriate authorities. It has a section that focuses on the process for declaring an emergency and outlines the roles of the governor and public health authority. The act recommends that the governor declare an emergency after consulting with the public health authority. It also recommends that the emergency be declared in writing as an executive order and specify the nature of the emergency, its location, duration and who is the responsible public health official. In most states during an emergency, the governor's authority is quite broad. It allows the governor to: * Utilize all state or local resources * Transfer or direct all functions or personnel of state government * Mobilize the state militia * Seek aid from the federal government or other * Suspend all statutory laws The model law confirms the need for these powers. It also recommends that public health authorities have the power during a declared emergency to use public safety officials to help enforce orders issued under this declaration. The act also defines the process to terminate the emergency declaration. Under the proposed act, the declaration expires after 30 days, unless renewed. There is also a provision to allow the state legislature A state legislature may refer to a legislative branch or body of a political subdivision in a federal system. The following legislatures exist in the following political subdivisions: The act grants authority to close, evacuate or decontaminate de·con·tam·i·nate tr.v. de·con·tam·i·nat·ed, de·con·tam·i·nat·ing, de·con·tam·i·nates 1. To eliminate contamination in. 2. any facility that may endanger the public. This includes the destruction of materials believed to be dangerous to the public's health. This power includes the ability to require the use of a health care facility to provide services. It also allows for the authority to procure or take any emergency action necessary to respond to the crisis. In some situations this may include the lawful taking of property. It requires that the owner receive just compensation for their loss. This does not include reimbursement for facilities that are closed, evacuated, destroyed or decontaminated if there is a reasonable belief that there is harm to the public. There is a provision for appropriate civil proceedings prior to the destruction of property. The safe disposal of infectious waste and human remains is also accounted for. Clinical protections There are strong provisions to allow health authorities to examine and test people for disease and offer a broad range of treatments, including vaccination. It also defines the need to limit access to and disclosure of protected health information protected health information Health informatics Any individually identifiable health informatlon that is used or circulated by an entity that falls under the governance of HIPAA; the privacy regulations mandate safeguards for protected health information, and the . The role of quarantine and isolation as disease control measures are defined clearly. The act also defines the rights persons have while contained, the legal process to appeal and the right to legal counsel. The quarantine must be by written directive. The written directive must include the: * Identity of the individuals * Location of the premises * Name of the known or suspected contagious disease contagious disease n. See communicable disease. * Date and time quarantine is to start It allows for credentialling of health care providers and ensures that providers responding under the authority of state or local authorities are immune from liability except in the case of gross negligence An indifference to, and a blatant violation of, a legal duty with respect to the rights of others. Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or or willful misconduct. States react In most states, the public health authorities already have a broad range of powers to identify, contain and require the reporting of disease. It is essential that states carefully review their existing powers to ensure that they are not weakening or eliminating existing authority prior to enacting components of the model act. It is also important that these authorities be clarified now, prior to a disaster. Debate over legal authority could delay public health action that might increase the risk of death or disability. The act represents an attempt to modernize public health authorities to address a public health emergency. It is designed as a template for states to measure their current public health authorities. Physician leadership is essential to make certain that these powers are properly crafted to ensure the public's health while preserving civil liberties. Resources (1.) Gostin, L and Teret, S. The Model State Emergency Health Powers Act The Model State Emergency Health Powers Act (MSEHPA) is a proposal by the Center for Law and the Public's Health, a joint venture of Georgetown University and Johns Hopkins University, to aid America's state legislatures in revising their public health laws to, as proponents put , The center for Law and the Public's Health, Georgetown University/Johns Hopkins University, 2001. (2.) HYPERLINK http://www.publichealthlaw.net www.publichealthlaw.net (current as of 3/27/2002) Georges Benjamin, MD, FACP FACP Fellow of the American College of Physicians. FACP abbr. 1. Fellow of the American College of Physicians 2. Fellow of the American College of Prosthodontists , is the Secretary of the Department of Health and Mental Hygiene mental hygiene, the science of promoting mental health and preventing mental illness through the application of psychiatry and psychology. A more commonly used term today is mental health. in Baltimore, Md. He can be reached by calling 410/767-6505 or by e-mail at benjaming@airbridge.net |
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