Additional Information for Emergency Legal Preparedness and Response
- The Model State Emergency Health Powers Act – Table of State Laws provides information on how the 50 states and the District of Columbia have each used key provisions of the Model State Emergency Health Powers Act in their own statutory or regulatory provisions.
- The presentation, Liability Risks and Protections for Volunteer Health Practitioners in Emergencies, addresses general issues of legal liability regarding volunteer health practitioners during an emergency, disaster or public health emergency, including potential liability risks and protections affecting volunteers and the entities that deploy or use volunteers.
- The legal brief, Emergency Planning and Persons with Disabilities, provides information on the facts, issues and rationales related to a court decision in California.
- The fact sheet, Legal Issues Relevant to Private Entities Serving as Closed Points of Dispensing (Closed PODs) in Emergencies, analyzes key legal issues concerning the role of private entities as Closed PODs during non-declared and declared emergencies and public health emergencies.
- The fact sheet, Potential Liability for Failure to Provide Specific Medical Referrals via Publicly Operated Point of Distribution in Arizona, addresses potential liability for a failure to refer by a licensed health care provider or public entity operating a Point of Distribution (POD) during non-declared and declared emergencies.
- The Summary of Authority and Actions regarding Public Health Emergencies assists health officers and their attorneys by identifying potential actions in response to a public health emergency and linking to the applicable law for information, specifically regarding Michigan public health code. Though the details of the fact sheet apply only in Michigan, the public health codes addressed in this document likely have similar counterparts in all other states.
- The fact sheet, Legal and Ethical Assessment Concerning Mental and Behavioral Health Preparedness, discusses the Johns Hopkins Preparedness and Emergency Response Research Center project that analyzes the many unresolved legal and ethical issues surrounding the identification, accommodation, response and treatment of mental and behavioral health conditions before, during and after emergencies and disasters.
- The article, Legal Preparedness: Care of the Critically Ill and Injured During Pandemics and Disasters: CHEST Consensus Statement, provides legal suggestions developed by the American College of Chest Physicians (ACCP) Task Force for Mass Critical Care (MCC) to support planning and response efforts for mass casualty incidents involving critically ill or injured patients.
Memos and Tables
- State Web Links re: Crisis Standards of Care – June 14, 2013
- Pandemic and All-Hazards Preparedness Reauthorization Act of (PAHPRA) of 2013 – March 28, 2013
- Emergency Power Requirements for End State Renal Disease (ESRD) Facilities – July 19, 2012
- Model Tools for Implementation of Isolation and Quarantine Measures – June 20, 2012
- Public Readiness and Emergency Preparedness (PREP) Act – Scope of Liability Protections – May 18, 2012
- Medical Licensure and Other Emergency Legal Preparedness Issues for the American Red Cross – January 19, 2012
- Potential County Health Department Liability for SNS Drug Products After a Declared Emergency – November 3, 2011
- Federal Emergency Responses Under the Stafford Act (and Other Emergency Laws) in the Event of a Nuclear Incident – August 2, 2011
- State Laws Providing Liability Protections for Health Care Workers During Declared Emergencies – June 29, 2011
- Public Readiness and Emergency Preparedness (PREP) Act – Liability Protections for Covered Persons – February 18, 2011
- State Laws on Confidentiality Measures to Protect Documents During Isolation and Quarantine Proceedings – January 26, 2011
- Nonprofit Organization Liability Related to Volunteer Actors During Preparedness Training Exercises – January 14, 2011
Model Public Health Laws
- Ethics in Public Health Emergencies: Developing an Arizona Code of Public Health Emergency Ethics, Lincoln Center for Applied Ethics (ASU) and Public Health Law and Policy Program, ASU Sandra Day O’Connor College of Law, Scottsdale, AZ (11/4/11).
- Global Legal Triage in Response to H1N1 Flu, LASSA, ASU Sandra Day O'Connor College of Law, Tempe, AZ (10/6/09)
- Modeling Mutual Assistance Among Hospitals: Innovations and Application in Response to H1N1 and Future Outbreaks, PACER 2009 Scientific Assembly, Baltimore, MD (5/28/09)
- Volunteerism in Response to Local Declared Emergencies: Critical Issues of Law and Policy, 2009 Integrated Medical, Public Health, Preparedness, and Response Summit, DHHS, Dallas, TX (4/7/09)
- Legal Triage During Public Health Emergencies, Rising Above the Weather: A Forum on Hospital Preparedness, American Meteorological Society, Washington, DC (4/3/09)
- The Role of Law Concerning Historic and Modern Uses of Quarantine and Isolation Controlling Epidemics: Use of Isolation Measures, AAAS, Washington, DC (9/10/08)
- Volunteerism During Emergencies: Critical Issues of Law and Policy, 2007 ESAR-VHP National Program Meeting, DHHS ASPR, Washington, DC (12/19/07)
- Assessing Legal Preparedness for School Closure in Response to Pandemic Flu, 2007 Department of Education OSDFS National Conference, Plenary Session, Washington, DC (8/3/07)
- The Pandemic and All-Hazards Preparedness Act: Addressing Public Health Emergency Responses, 1st Annual DHS University Network Summit on Research and Education, Washington, DC (3/16/07)
- Reforming State Law to Facilitate the Emergency Use of Volunteer Health Personnel: The Uniform Emergency Volunteer Health Practitioner Act, 2007 Local, State, and Federal Public Health Preparedness Summit, Washington, DC (2/22/07)
- Assessing Legal Preparedness for School Closure in Response to Pandemic Flu or Other Emergencies, Stakeholders Meeting on Community Mitigation During Pandemic Influenza in the U.S., CDC, Atlanta, GA (12/11/06)
- Hodge, JG, Hanfling, D, Powell, TP.Practical, ethical, and legal challenges underlying crisis standards of care. Journal of Law, Medicine, and Ethics 2013;41(s1): 50-55.
- Orenstein, DG. When law is not law: Setting aside legal provisions during declared emergencies. Journal of Law, Medicine, and Ethics 2013;41(s1): 73-76.
- Hodge, JG. The evolution of law in biopreparedness. Biosecurity and Bioterrorism 2012; 10(1):38-48.
- Wissow, L, Rutkow, L, Kass, N, Vernick, JS, Hodge, JG. Ethical issues raised in addressing the needs of persons with serious mental disorders in complex emergencies. AMA J of Disaster Med and Pub. Health Preparedness 2012; 6(1): 72-78.
- Hodge, JG, Rutkow, L, White, LC. Redefining the legal basis for mental health emergencies. Annals of Health Law 2012; 21:163-174.
- Courtney, B, Hodge, JG. Legal considerations during pediatric mass critical care events. Pediatric Critical Care Medicine 2011; 12(6): S152-S156.
- Hodge, JG, Lant, T, Arias, J, Jehn M. Building evidence for legal decision-making in real time: Legal triage in public health emergencies. AMA J of Disaster Med and Pub. Health Preparedness 2011; 5:S242-251.
- Rutkow, L, Vernick, JS, Wissow, LS, Kaufmann, CN, Hodge, JG. Prescribing authority during emergencies: Challenges for mental health care providers. J. of Legal Med. 2011; 32: 249-260.
- Hodge, JG, Brown, EF. Assessing liability for health care entities that insufficiently prepare for catastrophic emergencies. JAMA 2011; 306: 308-309.
- Hodge, JG, Rutkow L, Corcoran AJ. A hidden epidemic: Assessing the legal environment underlying mental and behavioral health conditions in emergencies. St. Louis J of Health Law and Pol. 2011; 4(1):33-92.
- Hodge, JG, Anderson, ED, Kirsch, T, Kelen, G. Facilitating hospital emergency preparedness through model memoranda of understanding. Journal of Disaster Medicine and Public Health Preparedness. 2011; 5:54-61.
- Hodge, JG., Rutkow L, Corcoran AJ. Mental and behavioral health legal preparedness in major emergencies. Public Health Reports. 2010; 125: 759-762.
- Hodge, JG. Global legal triage in response to the 2009 H1N1 outbreak. Minnesota J. of Law, Science, and Tech. 2010; 11:2: 599-628.
- Hodge, JG, Courtney, B. Assessing the legal standard of care in public health emergencies. JAMA 2010; 303: 361-362.
- Hodge, JG, Garcia, A, Anderson, ED, Kaufman, T. Emergency legal preparedness for hospitals and health care personnel. Disaster Medicine and Public Health Preparedness 2009; 3:Supp 1: S37-S44.
- Hodge, JG, Anderson, ED. Principles and practice of legal triage during public health emergencies. NYU Ann. Surv. Am. L. 2008; 64(2): 249-291.
- Hodge, JG, Gebbie, K, Hoke C, Fenstersheib, M, Hoffman, S, Lynk, M. Assessing legal competencies for public health emergency preparedness. Journal of Law, Medicine, and Ethics 2008; Special Supp: 28-35.
- Hodge, JG, Gostin, LO, Vernick, JS. The Pandemic and All-Hazards Preparedness Act: Improving public health emergency response. JAMA 2007; 297: 1708-1711.
- Hodge, JG, Pepe RP, Henning, WH. Voluntarism in the wake of Hurricane Katrina: The Uniform Emergency Volunteer Health Practitioners Act. Disaster Medicine and Public Health Preparedness 2007; 1(1): 44-50.
- Hodge, JG, Gable, LA, Calves, S. Volunteer health professionals and emergencies: Assessing and transforming the legal environment. Biosecurity and Bioterrorism 2005; 3(3): 216-223.
- Gostin, LO. Hodge, JG. Public health emergencies and legal reform: Implications for public health policy and practice. Public Health Reports 2003; 118: 477-479.
- Hodge, JG. Protecting the public’s health in an era of bioterrorism: the model state emergency health powers act. Accounting in Research 2003; 10: 91-107.
- Gostin, LO, Sapsin, J, Teret, SP, Burris, S, Mair, JS, Hodge, JG, Vernick, J. The Model State Emergency Health Powers Act: Planning and response to bioterrorism and naturally occurring infectious diseases. JAMA 2002; 288: 622-688.
- Crisis Standards of Care: A Systems Framework for Catastrophic Disaster Response, Institute of Medicine of the National Academies. Washington, DC: March 21, 2012.
- Hodge, JG, Orenstein, DG. Antiviral Distribution and Dispensing: A Review of Legal and Policy Issues, Association of State and Territorial Health Officials (ASTHO), January 2012: 1-46.
- Hodge, JG, Anderson, E, Teret, SP, Vernick, JS, Kirsch TD, Kelen G. Model Memorandum of Understanding Between Hospitals during Declared Emergencies, PACER, June 15, 2009: 1-21.
- Hodge, JG, Anderson, E, Gable, LA, Vernick, JV, Teret, SP. Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP): Legal and Regulatory Issues, Department of Health and Human Services (DHHS). Washington, DC: 2008; 1-187.
- Hodge, JG, Bhattacharya, D, Gray, J. Legal Preparedness for School Closures in Response to Pandemic Influenza or Other Emergencies, Centers for Disease Control and Prevention, April 1, 2008: 1-53.