Emergency Legal Preparedness and Response


Latest Resource

Table: Emergency Declaration Authorities

This table provides state statutory and regulatory authorities for emergency declarations in all 50 U.S. states and the District of Columbia.

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Webinar

Radiological Legal Preparedness: Considerations, Research, and Lessons Learned

Thursday, July 23 from 12:30 – 2 p.m. (ET). The webinar will provide an overview of state authorities to isolate, quarantine, and restrict the movement of individuals contaminated or potentially contaminated with radiation, and panelists will also highlight key school, emergency planning, and partnership considerations and opportunities for educational facilities. View the playback.

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From the Public Health Law Blog

Science over Fear is the Lesson of Nurse’s Ebola Story

The story of Nurse Kaci Hickox, who famously fought quarantine attempts after returning from Seirra Leone, is a cautionary tale for those charged with protecting the public’s health from infectious diseases like Ebola.

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From the Legal Assistance Library

Emergency Legal Preparedness: Isolation and Quarantine Procedures

The Network was contacted by the director of a local health department in Arizona who asked for information, including model policies, regarding isolation and quarantine procedures. The Network provided the requestor with a number of resources, both general and specific to Arizona.

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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.