Emergency Legal Preparedness and Response


Latest Resource

Fact Sheet: Declared States of Emergency - Opioid Crisis

High rates of morbidity and mortality among Americans related to opioid use have lead multiple jurisdictions to declare a formal state of emergency and public health emergency. Declaring a state of emergency grants states and localities additional resources to address the epidemic immediately. This Fact Sheet provides a brief summary of the emergency declarations in six states, and the Primer provides a visual snapshot and synopses of state-and tribal-based emergency declarations across the U.S. based on currently-available information.

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Webinar

Combating the Zika Virus: Mosquito-Control and the Law

Thursday, July 21 | 2:30 p.m. – 4:00 p.m. ET. This webinar will explore vector control in the time of Zika. Speakers will provide an overview of the public health problem posed by Zika and will offer information on how law and policy can be used to prevent the transmission of mosquito-borne diseases, such as Zika. View the playback.

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From the Public Health Law Blog

A Call for a National Emergency in Response to the Opioid Epidemic

The opioid epidemic continues to escalate in its national repercussions. Against this backdrop, President Trump’s White House Commission on Combating Drug Addiction and the Opioid Crisis issued its interim report on July 31, 2017.

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From the Legal Assistance Library

Ebola Virus and Animal Quarantine

What tools does the law provide to protect the public's health when pets and other animals could be carriers of Ebola virus?

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Primary Legal Issues

Legal authorities vary across states, tribal governments and localities during declared emergencies. As seen during the 2009-2010 H1N1 outbreak, jurisdictions may take divergent legal approaches in their responses to national or regional public health threats. Conflicting laws and overlapping jurisdictions further complicate key decisions on when or how to respond.

Public health officials may face many critical legal and policy decisions during public health emergencies, including:

  • Inter-jurisdictional legal coordination of federal, tribal, state and local actors in real-time emergencies under changing legal norms
  • The ability to issue isolation or quarantine orders, or other social distancing methods, to control public health threats
  • Whether to close or dismiss schools, or other public assemblies, temporarily or for prolonged periods to prevent the spread of communicable diseases
  • The authority to mandate vaccinations for minors or autonomous adults, including health care workers
  • Licensing, credentialing and privileging out-of-state health practitioners
  • Inter-jurisdictional management of scarce resources including personnel, vaccines, shelter and sustenance
  • Omnipresent concerns over liability of public health practitioners during emergencies

Technical Assistance Capacity

The Network for Public Health Law can provide legal guidance, training and support to address these and other legal and policy issues in emergency preparedness. These issues may be addressed during non-emergencies through advance planning and education, innovative exercises and other training efforts. During emergency declarations, the Network can provide real-time legal guidance to help public health leaders as they respond and make critical decisions with potential legal ramifications.

For legal technical assistance and support with emergency legal preparedness and response:

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The Network for Public Health Law provides information and technical assistance on issues related to public health. The legal information and assistance provided does not constitute legal advice or legal representation. For legal advice, please consult specific legal counsel. For more information on the type of legal assistance the Network can provide, please see frequently asked questions.