Legal fact sheets, issue briefs, 50-state compilations and more covering a variety of public health law issues.
This primer provides key information on the 2018-2019 Ebola outbreak in the Democratic Republic of Congo, including international response efforts, U.S. preparedness and response, an outline of the major legal challenges, and emergency legal preparedness resources. The primer will be updated regularly as needed as circumstances develop.
The United States Department of Agriculture (USDA) administers the National Organics Program (NOP), which dictates the production and handling standards for food that is marketed as organic. The NOP also establishes a national standard regarding the use of the term “organic” in food labeling. This issue brief outlines the four permissible uses of the term as they relate to the percent of organic ingredients included in the food product.
The growing popularity of plant-based beverages like almond milk and soymilk has been accompanied by legal controversy. Leading groups in the dairy industry argue that these products cannot legally call themselves “milk” and that the potential product confusion has nutritional ramifications for consumers. This issue brief examines the major legal underpinnings of this debate and current developments at the Food and Drug administration with regard to this issue.
This issue brief explores legal issues relating to the regulation and employment of community health workers. It outlines the authority for states to regulate CHWs, describes types of state legislation and activity currently affecting CHWs, and provides considerations for employers utilizing the services of CHWs.
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.
This survey provides a brief overview of jurisdictions with statutory and regulatory provisions legalizing medical marijuana use as of June 1, 2017.
Broadband, which generally refers to high-speed internet access that is always on and faster than dial-up access, is being recognized as an important social determinant of health. Despite progress in expanding connectivity, approximately 24 million people in the United States still lack fixed broadband access. States are increasingly turning to legal and policy approaches to support the expansion of broadband in underserved areas. This fact sheet provides an overview of broadband access across eight states: ID, IA, MN, MT, ND, SD, WI, WY.
Lead exposure remains the most significant and widespread environmental hazard for children in the United States. Despite the prevalence of lead in U.S. homes and infrastructure and the well-known harms associated with childhood lead exposure, lead screenings are not performed consistently. This issue brief examines existing legal screening requirements in Illinois and Ohio (including state laws and Medicaid requirements) and explores legal and non-legal strategies for improving lead screening rates in these states.
The opioid overdose epidemic has been more pronounced in Ohio than in many other states. Like most states, Ohio has passed legislation to increase access to the overdose reversal drug naloxone, and addressed laws that discouraged bystanders from calling for emergency help. However, the specifics of these laws in Ohio differ from those in most other states. This fact sheet details how those differences may make Ohio’s laws less easy to communicate and possibly less effective.
The National Association of School Nurses has issued a position statement that the school nurse is an “essential member of the school health team to address student concussions.” This fact sheet outlines how, as a school-based healthcare professional, the school nurse is likely to be the school staff member with the most comprehensive knowledge of mild brain injury.
Registered professional school nurses are uniquely positioned at the intersection of student health and education; they are trained to understand the complexity of the relationship between physical and mental wellbeing and academic achievement. This survey details the services, by state, that school nurses are permitted to provide.
The United States has the highest maternal mortality rate among developed countries despite spending more per capita on health care than any other nation. To combat this alarming problem, Maternal Mortality Review Committees (MMRCs) are gaining traction across the country as a way to closely examine, address, and make recommendations to prevent pregnancy-associated and pregnancy-related deaths. This issue brief examines legislation and initiatives supporting MMRCs and the structure and processes MMRCs typically employ in the review process.
The current U.S. hepatitis A virus (HAV) outbreak illuminates systemic failures to address the health needs of people experiencing homelessness (PEH), including sanitation and hygiene, and shows the practical population health effects of poverty. This issue brief examines the connection between HAV and barriers to essential public toilet, handwashing, shower and laundry services for PEH; provides a menu of legal and policy opportunities to advance access; and offers examples of promising community efforts.
The Limited Access Medical Marijuana Laws Survey provides a brief overview of jurisdictions with statutory and regulatory provisions legalizing limited access medical marijuana programs.
This policy brief examines how tax exemptions can encourage the use of child safety seats and bicycle helmets, prevent boating-related fatalities, and promote fire-safety in homes.
Currently, 20 jurisdictions have mandatory lead testing laws for children outside of the Medicaid program. There are three major categories of testing requirements: universal testing, targeted testing, and hybrid testing. Eight jurisdictions have universal testing requirements, seven states have targeted testing requirements, and five have hybrid policies. This survey summarizes lead testing requirements in each state across the country.
Maryland’s current 911 system was developed in the 1960s, and what was state-of-the-art in communications then, is woefully outdated now. As a result, the system does not provide the most effective and efficient emergency response possible. Many people experiencing an emergency do not realize that most 911 centers in Maryland cannot receive their text messages or videos. Nor can the 911 operator determine a caller’s location when the caller uses a cell phone. “Next Generation 911” brings much-needed updates to antiquated systems like Maryland’s.
Prescription Drug Monitoring Programs (PDMPs) can help clinicians improve decisions regarding opioid prescribing. However, since state laws and regulations governing access to these systems often apply only to providers licensed in the states in which the PDMP is located, and many federal health care workers are not so licensed, many federal providers are not subject to requirements. This fact sheet outlines the policies of the three federal health care institutions with regard to the use of PDMPs when prescribing opioids.
Indiana has modified its law to increase access to the opioid overdose reversing medication naloxone by making the medication easier to access and encouraging individuals who obtain naloxone to summon emergency assistance in the event of an overdose. The law’s provisions, however, are less supportive of those activities than similar laws in many states.
This table provides a brief overview of statutory and regulatory provisions related to Sudden Unexpected Infant Death (SUID) prevention in Colorado, Michigan, New York, Ohio and Delaware. The jurisdictions were selected based on initial research on the comprehensiveness of state legal approaches to SUID prevention.
Mental health is deeply interconnected with physical health. The law provides tools to improve health by addressing physical, social and economic factors that influence health outcomes at the population level.
This overview outlines current needs and trends in mental health promotion, including innovative legal strategies, as well as gaps where additional research and advocacy is needed.
Reading proficiency is foundational to educational success. However, children in households with lower incomes or lower educational attainment often experience a “word gap” in the number and variety of words they hear, and may have limited access to books. This overview examines legal and policy interventions to support literacy and reading proficiency in vulnerable populations.
This handbook is intended to help policymakers and practitioners incorporate the lessons learned from this preventable disaster to avert and/or mitigate future crises. Specifically, it provides guidance for implementing several key, overarching recommendations produced through extensive research and analysis aimed at answering the following key legal question with respect to the Flint water crisis: Given the emergency manager’s appointment, what legal authority could state, local, and federal public health and environmental agencies use to avert or mitigate the crisis?
This primer addresses the purpose of emergency manager laws; how they operate; the emergency manager’s powers, duties and limitations; the role of citizens and elected officials while under emergency management; transition after emergency management; and the intersection of emergency manager laws with other laws.
A new report released by the Network for Public Health Law and the University of Michigan School of Public Health details why shortcomings in the structure and implementation of laws related to public health, safe drinking water, and emergency financial management failed to stop or mitigate the Flint water crisis. Along with key findings, the report provides recommendations to help prevent similar crises from happening in other communities.
In the rapidly shifting contours of the opioid crisis, it is vital that governments, clinicians and the public have access to timely, comprehensive data on overdose deaths. Unfortunately, such data are rarely available. A handful of states have established bodies that specifically review overdose deaths to provide additional data and, typically, make recommendations for policy improvements. This brief explains and contrasts the specifics of panels in the six states that have established them.
Despite drastic expansion of marijuana legalization throughout U.S. states in recent years, federal guidance issued in January 2018 is at odds with this movement, imparting legal uncertainty on the future of the marijuana industry. This Issue Brief reviews the current federal legal framework regarding marijuana control and explores possible options for federal, state, and local governments in the near future.
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.
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.
Health officials and boards of health have a duty to protect the public’s health. They have a great amount of discretion in how they fulfill this duty and must make difficult decisions around emerging threats that require balancing many factors, including the risk of acting prematurely based on limited information and the risk of delaying action until they have additional information to inform decision-making. A proper exercise of discretion involves consideration of facts known at the time, weighing options, and using professional judgment. This tool provides a checklist of key questions for public health decision-makers and practitioners to consider in making a decision whether to act or to wait based on information known at the time.
One of the key barriers to improving the health status of ex-offenders is the inability to secure employment because of their conviction status. Unemployment is associated with a number of negative health results, including mental health issues like depression, and lack of medical coverage. Also, unemployment correlates with poverty, which limits access to healthy food and housing. This Policy Brief examines ways in which states are using tax deductions to encourage employers to hire individuals from chronically unemployed populations, including ex-offenders.
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.
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.
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.
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.
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.
This table compiles statutory and regulatory references for school immunization laws and religious or philosophical exemptions of immunizations in the Western Region states.
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.
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.
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.
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).
What tools does the law provide to protect the public's health when pets and other animals could be carriers of Ebola virus?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
This 50-State Compilation summarizes what legal protections are available regarding domestic violence and housing issues in each state.
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.
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.
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.
This fact sheet provides information on laws relevant to naloxone in Connecticut.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
This resource suggests model contract provisions for coverage of vision and hearing services in Medicaid managed care.
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.
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.
This table provides state statutory and regulatory authorities for emergency declarations in all 50 U.S. states and the District of Columbia.
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.
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.
This document provides a listing of links to state statutes on raw milk consumption and 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.
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.
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.
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.
This brief covers federal and state laws pertaining to breastfeeding in the workplace and the barriers faced by breastfeeding employees.
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.
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.
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.
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.
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.
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.
This resource provides an overview of relevant laws and regulations on the authority for emergency medical services (EMS) to administer naloxone in emergency situations.
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This resource provides answers to frequently asked questions regarding the scope of practice of dental hygienists in Mississippi.
This resource outlines the challenges Medicaid beneficiaries may face in accessing primary care providers.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This infographic paints a picture of youth sports concussion laws.
This environmental health fact sheet examines state by state laws regarding fracking in states above the Marcellus Shale in the Eastern U.S.
This fact sheet summarizes federal regulations and regulatory gaps associated with fracking.
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.
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.
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.
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.
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.
This fact sheet provides an overview of some of the most common career opportunities in public health law.
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.
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.
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.
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.
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).
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.
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.
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.
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.
This fact sheet provides a snapshot of same-sex domestic violence protections.
This issue brief describes the legal constructs and challenges that underlie alternative state vaccination funding models, such as vaccine associations.