List of Current Resources

Legal fact sheets, issue briefs, 50-state compilations and more covering a variety of public health law issues.

Primer: Opioid-related Public Health Emergency Declarations

This Primer on Opioid-related Public Health Emergencies provides key information and visual snapshots of federal, state, tribal, and local emergency declarations in response to the opioid crisis across the U.S. 

 

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Authority to Prescribe the Overdose Reversal Medication Naloxone in Wisconsin

A requester recently contacted the Network for guidance and clarification on who is permitted to prescribe naloxone directly or via standing order in Wisconsin. Specifically, the requester wanted to know the prescriber authority and criminal liability for advanced practice nurses versus registered or licensed nurse practitioners.  

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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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Primer: Emergency Legal Preparedness - Hurricanes Harvey, Irma and Maria

This primer provides a visual snapshot and a timeline on state and federal emergency declarations in relation to Hurricanes Harvey and Irma, and is being updated as things develop with regard to Hurricane Maria.

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Resource: Legal Interventions to Reduce Overdose Mortality

It is estimated that 15,000 deaths each year are caused by opioid overdose. These overdoses are typically reversible through the timely administration of the drug naloxone and the provision of emergency care. In an attempt to reverse this increase in preventable overdose deaths, many states have recently amended older laws to increase access to emergency care for opiate overdose and encourage those who assist a person experiencing an overdose.

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Table: Youth Sports Concussion Laws

To date, every state and the District of Columbia have passed a sports concussion law. This table contains information on state concussion laws, including which states require return-to-play protocols for student athletes, which type of provider can issue a return-to-play clearance, and whether or not the law applies to recreational sports.

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Fact Sheet: Overdose Reporting Requirements

As powerful synthetic opioids become more available, it is imperative that health departments and other relevant actors are provided with accurate, timely and actionable information on both fatal and non-fatal overdose. This fact sheet provides a snapshot of current and proposed laws, regulations and sub-regulatory sources governing mandatory disease reporting.

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Primer: Emergency Legal Preparedness Concerning Zika Virus

The Network’s Primer outlines public health concerns related to the Zika virus and lays out current and anticipated legal preparedness and response issues internationally and in the United States. These include issues related to testing and screening, public health preparedness, and reproductive rights. This Primer is updated regularly as events develop, so be sure to check this page for new information.

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Survey: Limited Access to Medical Marijuana Laws

The Limited Access Medical Marijuana Laws Survey provides a brief overview of jurisdictions with statutory and regulatory provisions legalizing limited access medical marijuana programs.

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Survey: Medical Marijuana Programs

This survey provides a brief overview of jurisdictions with statutory and regulatory provisions legalizing medical marijuana use as of June 1, 2017.

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Table: Exemptions from School Immunization Requirements

This table compiles statutory and regulatory references for school immunization laws and religious or philosophical exemptions of immunizations in the Western Region states.

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Issue Brief: Mandatory Drug Stewardship Programs

Some local and municipal governments have enacted mandatory local drug take-back programs, also called Extended Producer Responsibility (EPR) or stewardship programs that are funded and managed by pharmaceutical companies or producers. This issue brief provides and overview of mandatory drug take-back programs in the U.S.

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Issue Brief: New Federal Paradigm in Marijuana Legalization?

The results of the 2016 General Election raise questions as to whether a new federal/state legal relationship concerning marijuana legalization is forthcoming. Twenty-eight states now allow residents to use marijuana for medicinal purposes, and eight states legally authorize and regulate recreational marijuana programs. This Issue Brief reviews current federal legal framework regarding marijuana control and explores possible options for federal, state and local governments in the near future.

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Issue Brief: Health Related Provisions of the Every Student Succeeds Act

This issue brief provides an overview of sections in the Every Student Succeeds Act (ESSA) that are particularly relevant to public health, including the title and a brief descriptive summary of the section. For most provisions, citations are provided for the ESSA, Elementary and Secondary Education Act of 1965 (ESEA), and the U.S. Code.

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Table: Legal Liability Protections for Emergency Medical/Public Health Responses

This table highlights potential liability protections for individuals, including health care workers, volunteers and private sector employees, and entities, including government agencies, hospitals or healthcare facilities, non-profit organizations and for-profit organizations.

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Issue Brief: Legal Tools to Support Environmental Justice

A community’s health depends largely on the environment in which residents live, work and play. While multiple factors influence the health of a population, the impact of environmental harms is of significant concern. Harmful environmental exposures can exacerbate already existing health disparities, especially among low income, tribal and minority populations who often suffer a disproportionate share of negative environmental impacts. This issue brief outlines existing and potential legal tools to support environmental justice, such as the use of health impact assessments, environmental reviews conducted under the National Environmental Policy Act, and grant funding to support environmental justice.

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Issue Brief: Consent for Care and Confidential Health Information

This issue brief summarizes Michigan laws related to rights of minors to obtain health care without the consent or knowledge of their parents (focuses on Michigan provisions, which may have counterparts in other states).

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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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Issue Brief: Accountable Health Communities Model

The Accountable Health Communities (AHC) Model is designed to address some of the social determinants of health. This issue brief provides detail on the components of the AHC Model and how organizations can submit proposals for funding to support their work under these components.

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Fact Sheet: Legal Interventions to Reduce Overdose Mortality in Kentucky

The drug overdose crisis is particularly severe in Kentucky, where nearly 1,077 people died of drug-related overdoses in 2014. This fact sheet provides an overview of the state's laws to increase access to naloxone and provide limited immunity to bystanders who assist in overdose situations.

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Fact Sheet: Legal Interventions to Increase Access to Naloxone in Colorado

In Colorado, 899 people died of drug-related overdoses in 2014 -- most of these deaths were caused by opioids. This fact sheet provides an overview of Colorado's law to increase access to naloxone, an opioid overdose antidote.

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Fact Sheet: Legal Interventions to Reduce Overdose Mortality in Alaska

In Alaska, 124 people died from drug overdose in 2014. This fact sheet examines the opioid crisis in Alaska and provides an overview of recent legislation passed in the state aimed at preventing overdose. 

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Disclosure of Individual Health Information – HIPAA Requirements

Under the Health Insurance Portability and Accountability Act (HIPAA), a health provider or other covered entity may be required or allowed to disclose protected health information to third parties without the authorization or agreement of the patient - but what are the patient's rights?

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Summary of State Laws Addressing Boating Under the Influence

This resource is a compilation of state Boating Under the Influence laws and summarizes provisions related to requirements for intoxication testing, as well as the type of penalties they assess.

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States with Drug Overdose Review Panels

A health scientist at a national public health organization recently contacted the Network for information about states that have instituted drug overdose review teams. A number of states have committees at the state or local level to review child drug fatalities, but only four states have legislation authorizing overdose fatality review panels.

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Policy Scan: State Laws on Boating Under the Influence

The combination of boating with alcohol and drugs, or “boating under the influence (BUI)”, has serious public health, legal, and economic ramifications for both boat operators and passengers. This resource examines state BUI laws.

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Issue Brief: Disclosure of Certificates of Death in Indiana

This issue brief examines vital records practices of local health departments in Indiana, and the value of Certificates of Death as a public record and source of public health data. The brief also considers other challenges associated with death records, including research showing inaccuracies and other deficiencies in cause-of-death data as well as administrative and fiscal burdens on underfunded LHD systems.

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Vitamin K Shots for Newborns - State Statutes and Codes

Vitamin K shots are recommended for newborns to protect them from Vitamin K Deficiency Bleeding. A public health analyst recently contacted the Network for information about Oregon’s and other states’ statutes and codes addressing administration of vitamin K to newborns.

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Opioid Overdose Prevention: Immunity for Nurses in Administering Naloxone

Does Colorado law provide liability protection for a registered nurse (RN) to administer naloxone when “off the clock” – that is to say, when not administering naloxone as part of the RN’s job duties?

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Survey: Medical Marijuana – State Regulatory Statutes Governing Distribution and Consumption

This resource provides a summary of the provisions regulating the consumption, distribution, and sale of medical marijuana in each state and the District of Columbia that has enacted a medical marijuana program.

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Survey: Medical Marijuana – State Regulatory Statutes Governing Use

This resource provides a summary of the provisions regulating the use of medical marijuana in each state and the District of Columbia that has enacted a medical marijuana program. The topics covered include qualifying health conditions, health insurance reimbursement requirements, housing restrictions, public indoor and outdoor use restrictions.

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Report: Legal Completeness and Effectiveness in Cross-Jurisdictional Shared Service Agreements in Wisconsin

A team of researchers from the University of Wisconsin—Madison School of Nursing, with legal research support from Network attorneys, analyzed cross-jurisdictional sharing and shared service agreements between local public health departments in the state of Wisconsin. The goal of the project was to explore shared service agreements as a strategy for increasing capacity to provide local public health services. This report shares findings from the analysis and offers best practices for other jurisdictions considering shared service agreements.

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Table: Flint Water Crisis - Summary of Civil Litigation

In late 2015 and early 2016, a public health crisis involving contaminated drinking water in Flint, Michigan, came to light. This horrible tragedy involves Flint residents’ exposure to toxic levels of lead in their drinking water over a prolonged period of time as well as a spike in Legionellosis after the city changed its primary water source to the Flint River in April 2014. This table summarizes legal theories underlying a number of civil lawsuits and other actions arising from the Flint water crisis.

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Issue Brief: Flint Water Crisis

This issue brief is designed to give an overview of the factual context and allegations surrounding the Flint water crisis and to provide an introduction to some of the major legal and policy challenges that surfaced during the crisis and its aftermath.

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Issue Brief: Disclosure of Identifiable Information by the Veterans Health Administration for Public Health Purposes

This issue brief provides an overview of these statutes and requirements that permit, and in some cases require, VHA health facilities to release identifiable data, without the patient’s authorization, to public health agencies

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50 State Survey: Epinephrine Entity Stocking Laws

In recent years, a growing number of states have adopted epinephrine entity stocking laws. These laws allow authorized entities like restaurants, amusement parks and sports arenas to obtain and store auto-injectable epinephrine, or EpiPens, and administer the drug to individuals experiencing anaphylaxis. The following is a survey of states’ epinephrine entity stocking laws.

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Issue Brief: Epinephrine Entity Stocking Laws

In recent years, a growing number of states have adopted epinephrine entity stocking laws. These laws allow authorized entities like restaurants and sports venues to obtain and store auto-injectable epinephrine, or EpiPens, and administer the drug to individuals experiencing anaphylaxis. This issue brief provides an overview of key components of epinephrine entity stocking laws.

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State Fact Sheets: Domestic Violence and Homelessness – Legal Interventions

Many states have enacted laws to aid victims of domestic violence in securing or retaining safe housing solutions. These fact sheets for 50 states and the District of Columbia examine the correlation between domestic violence and homelessness, both nationally and in the individual state. It also details legal interventions designed to protect the housing rights of victims.

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Issue Brief: Domestic Violence and Homelessness

This issue brief examines the correlation between domestic violence and homelessness and identifies the landscape of state-specific legal interventions aimed at preventing victims from become homeless.

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50-State Compilation: State Laws Addressing Housing Rights of Domestic Violence Victims

This 50-State Compilation summarizes what legal protections are available regarding domestic violence and housing issues in each state.

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Guide to Adding Conditions to State Newborn Screening Panels

Newborn screening is the practice of screening babies for certain harmful or potentially fatal metabolic and genetic conditions that are not otherwise apparent at birth. Though technology has made it possible to screen for an increasing number of conditions, evidence does not support screening for all detectable disorders. This resource contains guidance for decision makers to assess the value and feasibility of adding a condition/s to the state’s newborn screening panel.

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Issue Brief: Video Directly Observed Therapy For Tuberculosis in MN

Video Directly Observed Therapy (VDOT) appears to be a promising alternative to traditional DOT practices and has the potential to improve TB control efforts in Minnesota and in other jurisdictions. However, there are legal, regulatory, and practical challenges relating to the use of VDOT, and the implementation of VDOT in Minnesota will not be immediate or simple.

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Fact Sheet: Georgia's 911 Medical Amnesty law

Drug overdose is a nationwide epidemic that claims the lives of over 36,000 American each year. Georgia recently passed the “Georgia 9-1-1 Medical Amnesty Law” which provides immunity for overdose victims and those who seek medical assistance for the victims. The law also expands access to naloxone, which reverses the effects of an overdose. This fact sheet examines the law and its provisions.

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Legal Interventions to Increase Access to Naloxone in Connecticut

This fact sheet provides information on laws relevant to naloxone in Connecticut.

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Resource: Food Allergy Policy

Issue brief on food allergies and anaphylaxis in school-aged children, and state and federal legislative reform efforts to prevent and treat severe allergic reactions in schools; and fact sheet on state laws addressing EpiPen use in schools.

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Issue Brief and 50- State Survey: Effects of Denial of SNAP Benefits on Convicted Drug Felons

Federal law bans convicted drug felons from receiving Supplemental Nutrition Assistance Program (SNAP) benefits. This brief discusses the public health consequences of rescinding nutritional assistance from people with drug convictions. The 50-State Survey examines how states have reacted to the ban, by either leaving it in place, removing it, or modifying it.

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Fact Sheet: Legal Interventions to Increase Access to Naloxone in North Carolina

In 2013, Senate Bill 20, "Good Samaritan Law/Naloxone Access," was passed in North Carolina and signed into law. The law increases access to emergency care and treatment for prescription opioid overdose. This Fact Sheet examines specific aspects covered by the law.

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Resource: Restrictions for Elder Drivers

This resource examines the legal approaches currently used to reduce elder driver related accidents across the U.S., including some of the unintended consequences of state intervention, and sumarizes elder driver laws in each state.

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Legal Toolkit for Newborn Screening DBS

Newborn screening is a vital public health program that detects serious medical conditions that can cause devastating effects if treatment is not given prior to the onset of symptoms. Not all of the blood sample collected from newborns is used during routine screening, however, and after testing has been completed, many states retain the residual dried blood samples (DBS). This toolkit is intended to assist state policymakers to develop or improve policies for the use of DBS and related information

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Fact Sheet: South Carolina Overdose Prevention Legislation

South Carolina has taken initial steps to change law to increase access to emergency care for opioid overdoses. With the signing of the South Carolina Overdose Prevention Act on June 3, 2014, the state made it more likely that naloxone will be available when and where it is needed. This fact sheet explains the provisions of the Overdose Prevention Act.

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Fact Sheet: Utah Overdose Prevention Legislation

In 2014, Utah passed two separate bills aimed at reducing overdose mortality. One focused on providing limited protections from certain controlled substance offenses to those who seek emergency care. The other focused on increasing access to naloxone, a drug that can reverse the effects of an opioid overdose. This fact sheet provides details about these laws.

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Issue Brief: Reducing Overdose via Provider Education

Improving physician education in the areas of appropriate prescribing and effective response to substance use disorder has been identified as a priority for the profession. This resource examines state and federal efforts to improve substance use disorder treatment through physician education.

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Fact Sheet: Texas Overdose Prevention Legislation

In 2015, Texas joined several states by enacting Senate Bill 1462, which contains a number of provisions designed to make it more likely that naloxone will be available when and where it is needed. The law, which passed unanimously, was signed by the Governor on June 18, 2015 and goes into effect on September 1, 2015. As explained in more detail, the law expands access to naloxone in several ways.

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Issue Brief: FDA's Ban on Partially Hydrogenated Oils

On June 17, 2015, the FDA made the final determination to ban the use of partially hydrogenated oils (PHOs) in the food by declaring them no longer generally recognized as safe (GRAS) in human food. This issue brief provides information on PHOs, what it means to lose GRAS status, and the FDA’s ban on PHOs.

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Issue Brief: Community Water Fluoridation

Community water fluoridation is the adjustment of fluoride levels in a water system to prevent tooth decay. This issue brief provides information on the background of community water fluoridation, and explains the roles of  federal, state and local governments in providing community water fluoridation.

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Model Medicaid Managed Care Contract Provisions: EPSDT Vision and Hearing Services

This resource suggests model contract provisions for coverage of vision and hearing services in Medicaid managed care.

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Primer: FSMA Section 105 - Standards for Produce Safety

Section 105 of the Food Safety Modernization requires the FDA to create minimum science-based safety standards for produce. This primer provides an overivew of section 105 and the regulations proposed by the FDA to ensure produce safety, as well as recent revisions to the regulations.

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Fact Sheet: Florida's Overdose Prevention Legislation

Florida has passed two laws aimed at increasing emergency medical care for overdose victims. The first is a Good Samaritan law, which encourages people to call for help. The second law expands access to the overdose reversal drug, naloxone. This fact sheet provides details on both Florida laws.

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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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Fact Sheets: State Motorcycle Helmet Laws

These state fact sheets provide an overview of motorcycle safety efforts in each of Eastern Region states, and offer legal options for states to address motorcycle safety.

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Table: Boating Under the Influence in Western Region States

This table provides a brief overview of state boating under the influence (BUI) laws, with concise summaries of key provisions and hypertext links to state statutes, for all eleven Western Region States.

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50 State Compilation: Raw Milk Statutes

This document provides a listing of links to state statutes on raw milk consumption and sales.

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Raw Milk: The Risks of Consumption and State Regulation of Sales

Each state is responsible for regulating the sale of raw milk within its borders. These resources provide information on the laws and regulations of raw milk in each state and Washington D.C.

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Table: Motorcycle Helmet Laws

This comprehensive table lists laws regarding motorcycle helmets in all 50 states and Washington D.C. The table includes which states have specific motorcycle helmet laws, the specification of these laws and the potential punishment for not following the law.   

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Survey of Medicaid Managed Care Contracts: EPSDT Vision and Hearing Services

Children enrolled in Medicaid are entitled to the Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit. This report surveys states’ contracts with managed care entities to document the extent to which EPSDT services address children’s hearing and vision services and how these services are monitored.

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Issue Brief: Sports Related Traumatic Brain Injury and Return-to-Learn Provisions

All 50 states and the District of Columbia now have some form of youth sports-related TBI law. All of the state laws contain provisions about returning an athlete to the playing field, but only seven states have provisions that adrdress returning an athlete to the classroom after concussion.

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Breastfeeding in the Workplace

This brief covers federal and state laws pertaining to breastfeeding in the workplace and the barriers faced by breastfeeding employees.

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Issue Brief: Emergency Response and Tort Liability

This resource outlines federal and Michigan laws that might apply to protect paid and volunteer health professionals from liability for negligence in emergency response situations.

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Issue Brief: Summary of Authority and Actions Regarding Public Health Emergencies

Michigan’s Public Health Code provides an array of actions that state and local health officers can use to respond to a public health emergency. This document identifies potential actions and linking to the applicable law.

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Fact Sheet: Drug Overdose Prevention in Pennsylvania

This fact sheet provides information on Pennsylvania's Act 139, which provides limited immunity to overdose victims and bystanders that seek medical help, and increases accesss to naloxone, a drug that can reverse the effects of an opioid overdose.

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Issue Brief: Teen Driving in Eastern Region

These resources look at the current laws aimed at reducing teen driver accidents and fatalities in 11 Eastern Region states and Washington D.C., and offer legal solutions to help further reduce teen driving accidents.

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Issue Brief: Update on Implementation of 2012 Standards for the National School Lunch Program

In 2010, Healthy Hunger-Free Kids Act required the USDA to update the school lunch standards to reflect current dietary science. This resource provides an update on the implementation progress of new school lunch standards, as well as a glimpse at what to expect in 2015.

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Public Health Law Career Tool

The field of public health law is rapidly expanding, but knowing where to look for public health law jobs remains a key area of confusion for many students and young professionals. This interactive tool provides an introduction to the career paths available to public health law professionals, including an overview of organizations that work on public health law issues.

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Resource: Emergency Medical Services Naloxone Access

This resource provides an overview of relevant laws and regulations on the authority for emergency medical services (EMS) to administer naloxone in emergency situations.

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Using Law to Support Pharmacy Naloxone Distribution

This brief explores the legal mechanisms for improved pharmacy distribution of the opioid overdose-reversing drug naloxone, and aims to help public health professionals, prescribers, pharmacy managers, and local, and territorial health departments understand key legal issues

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Primer: Emergency Legal Preparedness Concerning Ebola Virus Disease

The primer provides an overview of the Ebola outbreak in Guinea, Liberia, Sierra Leone and Nigeria, and examines emerging emergency legal preparedness issues in the U.S. as federal, state and local health officials consider measures to protect the public’s health in the event of the further spread of the disease.

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Report: Environmental Scan for the Minnesota Immunization Information Connection

This report provides an environmental scan of Immunization Information Systems (IIS) and their role in U.S. immunization strategy. More specifically, it discusses Minnesota law and practice regarding its IIS, the Minnesota Immunization Information Connection (MIIC), and discusses implementation of IIS within Minnesota’s legal, cultural, political, and economic context.

 

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Dental Auxiliary Scope of Practice Laws

Fact sheets for 50 states and the District of Columbia that provide data on oral health in each state and describe the current law on scope of practice of dental health professionals.

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FAQ: Ebola Public Health Emergency Legal Preparedness and Response

This resource provides answers to frequently asked questions about legal preparedness and response concerning Ebola, including screening and quarantine measures; federal, state and local powers; as well as legal protections for affected individuals and hospital workers.

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Issue Brief: Preventing Domestic Violence in Multi-Unit Housing

This issue brief provides a general introduction to the different types of laws that can be used to prevent domestic violence in multi-unit housing and reduce homelessness among domestic violence victims and survivors.

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Brief: Policy Options to Increase Access to Oral Health Care and Improve Oral Health by Expanding the Oral Health Workforce

This brief outlines current concerns for oral health and explores policy options to increase access to oral health care and improve health by expanding the oral health workforce. It is designed to help policy-makers, public health professionals and community members translate proven public health science into public health law and community practice at every level of government.

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Report: Review of North Carolina Hospitals' Community Health Needs Assessments and Implementation Strategies

This report reviews the first cycle of Community Health Needs Assessments (CHNA) and Implementation Strategies (IS) completed by North Carolina nonprofit hospitals as required by the Affordable Care Act.

 

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Primer: FSMA Section 111 - Sanitary Transportation of Human and Animal Food

This section of the Food Safety Modernization Act (FSMA) mandates that the Food and Drug Administration (FDA) draft regulations regarding the sanitary transportation of food. This primer will address the impact of this section on human food.

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Table: HIPAA and Minors’ Rights to Privacy

According to the Health Insurance Portability and Accountability Act (HIPAA), the parent/guardian of a minor is usually treated as the minor’s representative and is entitled to view protected health information but there are exceptions. This table summarizes when a parent/guardian would not act as the minor’s personal representative; the federal/state laws HIPAA defers to when the parent/guardian is not the minor’s representative; and the duties/restrictions the health care provider faces

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Issue Brief: Takings Clause and Local Public Health Agenices

The Takings Clause in the Fifth Amendment of the U.S. Constitution provides that private property shall not “be taken for public use, without just compensation.” This Issue Brief provides a basic introduction to the Takings Clause and how it can affect the efforts of local pub­­lic health agencies and the ability of local governments to promote public health in their communities.

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Primer: FSMA Section 101 - Inspection of Records

Section 101 of the Food Safety Modernization Act expands the FDA's authority to access and copy records relating to potentially dangerous food items. This primer explores the FDA’s record inspection authority based on the revisions implemented by the FSMA and the potential effects on public health and industry.

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Primer: FSMA Section 102 - Registration of Food Facilities

Food facilities are required to register with the FDA to help the agency determine the location and sources of bioterrorism incidents or an outbreak of food-borne illness. This primer provides information on Section 102 of the Food Safety Modernization Act, which requires facilities to provide additional information when they register with the FDA.

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Primer: FSMA Section 103 - Hazard Analysis and Risk-Based Preventive Controls

The Food Safety Modernization Act (FSMA) requires certain regulated food facilities to assume a more proactive role in preventing food-borne illness. Section 103 requires regulated facilities to conduct an extensive hazard analysis of their operations. While Section 103 applies to both human and animal food, this primer provides information on the impact of Section 103 on facilities that produce human food.

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Issue Brief: Compulsory Immunization Waiver Requirements

All 50 states have adopted compulsory immunization laws for school children and also established some type of waiver, or exemption, for the immunizations. This resource examines the different types of immunization waivers -- medical, religious, and philosophical -- and provides examples of the requirements for various state waivers.

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Tool: Checklist of Information Needed to Address Proposed Data Collection, Access and Sharing

This resource provides a checklist to assist public health practitioners in providing relevant factual information to resolve questions about proposed health data collection, access and sharing.

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Resource: Intergovernmental Cooperation Agreements Map

To reduce costs and meet increased demand for services, many local health departments (LHDs) are exploring innovative ways to improve efficiency by partnering with other LHDs, agencies and entities. This 50-state resource examines the interlocal agreements that permit LHDs to collaborate with other entities to provide health and other services.

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Quick Reference: Reviewing Emergency Volunteer Liability and Protections

Volunteers are an essential part of our emergency response system. Granting emergency volunteers legal protections against liability ensures there are enough volunteers who are able and capable of participate in emergency response efforts. This quick reference guide outlines federal and state laws that are tied to each individual type of emergency volunteer. 

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Quick Reference: HIPAA and Public Health

The HIPAA omnibus final rule is meant to enhance patients’ privacy protections, provide individuals new rights to their health information. This resource is a quick reference of the primary regulatory changes to HIPAA.

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Fact Sheet: Delivering the 10 Essential Public Health Services in Kansas

In 1994, the Centers for Disease Control and Prevention (CDC) adopted a list of 10 Essential Public Health Services to provide a national framework for public health performance standards. This report analyzes the extent to which Kansas statutes facilitate or hinder the ability of local health departments to deliver these essential services.

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Issue Brief: Scope of Practice of Dental Hygienists in Mississippi

This resource provides answers to frequently asked questions regarding the scope of practice of dental hygienists in Mississippi. 

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Issue Brief: Opportunities for Local Health Departments in the Affordable Care Act

The Affordable Care Act inlcudes a number of preventive and community health provisions that create new opportunities for local health departments. This issue brief summarizes some of these opportunities.

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Issue Brief: Primary Care Provider Capacity and the Medicaid Expansion

This resource outlines the challenges Medicaid beneficiaries may face in accessing primary care providers.

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Fact Sheet: Michigan Public Health Code and the 10 Essential Public Health Services

In 1994, the Centers for Disease Control and Prevention adopted the 10 Essential Public Health Services to provide a framework for state and local health departments. This fact sheet catalogues how the Michigan Public Health Code empowers local public health systems to perform in all areas of 10 Essential Public Health Services framework.

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Survey: National State and Local Noise Activity

Community noise can be detrimental to health and can contribute to cardiovascular problems and learning deficits. The following survey highlights governmental responses to noise-related issues as described by the media from October 26, 2012 to May 15, 2013.

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Fact Sheet: Indiana Public Health Authorities

Several Indiana laws protect the population from injury, disease, disability and death. This fact sheet provides an overview of the legal authorities for each of the Indiana health agencies to carry out broad public health functions.

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Fact Sheet: Ohio Health Authorities

Several Ohio laws protect the population from injury, disease, disability and death. This Fact Sheet outlines the legal authority of various Ohio public health entities with respect to the following functions: (1) Management and Supervision, (2) Adoption of Rules, Policies and Guidelines, (3) Investigations, (5) Enforcement, (6) Information Collection, Analysis and Dissemination, and (7) Care and Treatment.

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Fact Sheet: Wisconsin Health Authorities

This Fact Sheet provides an overview of the legal authority for each of the various Wisconsin health agencies to carry out broad public health functions.

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Issue Brief: Ag-Gag Reflex - Food Safety and Animal Facility Tampering Acts

This issue brief analyzes Ag-Gag laws from a public health perspective, identifies organizations vested in these legislations, addresses the food safety argument against Ag-Gag laws, and presents options for public health advocates to help counter the adverse effects of such laws.

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Resource: Forced Pooling - How it Applies the Marcellus Shale

This set of resources outlines forced pooling statutes along the Marcellus Shale and provides tips for landowners and lawyers considering drilling leases in New York, Ohio, Pennsylvania and West Virginia.

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Resource: Meth Lab Cleanup

Methamphetamine (or "meth) production creates several concerning health effects. This resource addresses how meth labs pose a public health problem, notes the different ways states are addressing meth lab cleanup, and provides information on laws and regulations regarding meth lab cleanup.

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Fact Sheet: Regulatory Changes to HIPAA Under HITECH and GINA

On January 17, 2013, the U.S. Department of Health and Human Services released the Health Insurance Portability and Accountability Act (HIPAA) omnibus final rule, meant to enhance patients’ privacy protections, provide individuals new rights to their health information, and strengthen the government’s ability to enforce the law. This fact sheet describes the changes that will take effect on March 26, 2013 because of this final rule.

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Infographic: Youth Sports Concussion Laws

This infographic paints a picture of youth sports concussion laws.

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Fact Sheet: State Laws Governing Hydrualic Fracturing in the Marcellus Shale

This environmental health fact sheet examines state by state laws regarding fracking in states above the Marcellus Shale in the Eastern U.S.

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Fact Sheet: Summary of Federal Regulations and Regulatory Gaps Associated with Fracking

This fact sheet summarizes federal regulations and regulatory gaps associated with fracking.

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Fact Sheet: Farm Bill and Fiscal Cliff Resolution 2012

The American Taxpayer Relief Act of 2012 includes a one-year extension to some farm and nutrition programs that were originally a part of the expired 2008 Farm Bill. This fact sheet examines these provisions and compares them to the 2008 Farm Bill.

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Map of Same-Sex Domestic Violence Protections

Domestic Violence (DV) affects millions of individuals across the U.S. The law can help provide protection, however, the law treats same-sex couples differently in many states. This resource shows the coverage of DV laws, protection of DV laws and civil protective orders in every state and D.C.

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Resource: Adolescent Dental Health and Screening for Sensitive Health Concerns

This resource outlines the opportunity for dentists and hygienists to provide oral screening of adolescents for highly sensitive health concerns – like eating disorders, tobacco use, diabetes and HIV – during dental exams. The resource provides insights on related laws and steps to consider.

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Resource: Public Health Information Sharing

This document lists resources regarding selected laws that impact the collection, use, sharing and protection of individually identifiable personal or health information for public health purposes.

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Resource: Findings from the Network for Public Health Law J.D./M.P.H. Survey

The growing interest in the intersection between the fields of public health and law has prompted questions among many students about what they can expect if they choose to pursue a career in public health law. The Network conducted the following survey to provide a supportive resource for further engagement to students.

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Fact Sheet: Career Paths in Public Health Law

This fact sheet provides an overview of some of the most common career opportunities in public health law.

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50-State Survey: Tattoo Ink Safety - Statutes and Regulations

Tattooing is a highly popular form of cosmetic art. The risks of tattooing are typically addressed with a thorough cleaning and disinfecting process between each recipient. Tattoo ink, however, is a largely unregulated area. This lack of regulation can lead to increased rates of skin infection outbreaks. Yet, states do have their own public health powers that could be used to make tattoo ink safer. This compilation examines regulations and statutes regarding tattoo ink safety in all 50 states and Washington D.C.

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Fact Sheet: Critical Congenital Heart Defect Screening

Congenital heart defects impose a large burden on newborn health. Seven of these heart defects, called critical congenital heart defects (CCHDs), are especially concerning. Fortunately, screening for these defects can be done non-invasively with a pulse oximeter. Several states have policies or laws regarding the screening for CCHDs. This Critical Congenital Newborn Screening fact sheet examines laws and policies in the Network’s Northern Region as well as early adopters of a policy to screen for CCHDs.

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Issue Brief: Farmworker Housing

Migrant farmworkers establish temporary housing during their seasonal employment, often through their employer. This issue brief is meant to help local and state agencies and interested individuals better understand legal authority relating to farmworker housing.

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Table: Tribal Public Health Law Resource

The Tribal Public Health Law Resource Table lists organizations with experience in tribal and public health law, provides contact information and highlights each organization’s relevant focus.

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Issue Brief: Legal Interventions for Environmental Hazards

Provides local health officers and their attorneys information on drafting orders to protect the public from environmental hazards by identifying the elements for these orders (focuses on Michigan’s public health code, which likely has similar counterparts in all other states).

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Fact Sheet: Legal and Ethical Assessment Concerning Mental and Behavioral Health Preparedness

The Johns Hopkins Preparedness and Emergency Response Research Center is analyzing 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. This fact sheet summarizes and links to translational tools created by the project team.

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Issue Brief: Medicaid EPSDT

The Medicaid Early and Periodic Screening, Diagnostic and Treatment service (EPSDT) is a comprehensive benefit available to children and youth under age 21 who are enrolled in Medicaid. Read more about this benefit, how the service addresses screening and treatment, education about EPSDT and state reporting.

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Issue Brief: Improving Oral Health Care and the ACA

The largely preventable problem of poor oral health can lead to reduced quality of life and increased incidence of non-oral health problems. This issue brief describes the problem of poor oral health care in America and then discusses the solutions suggested by two Institute of Medicine reports released in 2011, as well as the provisions of the Affordable Care Act intended to positively impact oral health care in America.

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Table: Tort Liability

There are several laws that protect volunteers and employees from liability for negligence that may have resulted in harm to another person. This issue brief summarizes the federal and Indiana laws protecting individuals from tort liability. Though the state laws in this document apply to Indiana, they likely have similar counterparts in other states.

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Fact Sheet: Master List of Same-Sex Domestic Violence Protections

This fact sheet provides a snapshot of same-sex domestic violence protections.

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Issue Brief: Alternative State Vaccination Funding Models

This issue brief describes the legal constructs and challenges that underlie alternative state vaccination funding models, such as vaccine associations.

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50-State Compilation: Anti-Bullying Statutes

In a 2009 nationwide Centers for Disease Control and Prevention survey, approximately 20 percent of high school students reported being bullied on school property in the previous year. Most states have laws that address bullying, harassment and hazing. This table summarizes the anti-bullying statutes in all 50 states and D.C.

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Issue Brief: Taking Public Health to Court

Decisions made by courts around the country regularly have important public health implications. This issue brief provides descriptions of several types of specialized “public health” courts.

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50 State Compilation: Raw Milk

This 50-state compilation of raw milk regulations and statutes addresses cow sharing, advertising, labeling as well as other aspects of raw milk sale and consumption.

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Issue Brief: Public Health Agency Accreditation

This resource includes a summary of the legal issues as well as key state laws and policies, resources and links.

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Fact Sheet: Cross-Border Agreements - Emergency Management Assistance Compac

Fact sheet on cross-border public health agreements, initiatives and considerations including the Emergency Management Assistance Compact and its limitations, examples of cross-border public health activities and legal issues of cross-border agreements.

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Issue Brief: New Requirements for Nonprofit Hospitals Provide Opportunities for Health Department Collaboration

This issue brief outlines the community health needs assessment (CHNA) requirement for nonprofit hospitals and suggests ways in which public health agencies and hospitals may be able to combine resources to address CHNAs.

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Issue Brief: Paid Sick Leave Ordinances

Paid sick leave ordinances may be an effective way to prevent the spread of disease with little economic impact on businesses. This issue brief analyzes the legal, political and social feasibility of paid sick leave ordinances (includes ordinances from San Francisco, Washington D.C., Milwaukee, New York City, Seattle, Philadelphia and Denver).

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Issue Brief: How the Farm Bill Affects Public Health

This issue brief provides a broad overview of the types of programs authorized under the Farm Bill and how these programs impact health at the population level.

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Fact Sheet: Environmental Impacts Associated with Hydraulic Fracturing

This fact sheet details the environmental impacts of fracturing including toxic chemicals and radioactive materials, water contamination and air contamination.

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Issue Brief: Idependent Practice of Dental Hygienists in North Carolina

This resource answers FAQs regarding the ability of dental hygienists to practice outside the presence of a dentist in certain circumstances. This document focuses on North Carolina provisions, which likely have similar counterparts in other states.

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Issue Brief: Missouri Car Safety Restraint Laws

This resource provides information on Missouri’s child safety restraint laws and seat belt laws. Though it focuses on Missouri’s laws, they may have counterparts in other states.

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Issue Brief: ACA and Nursing Mothers

This issue brief provides information on the background, requirements and enforcement of an ACA provision for nursing mothers.

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