bioterrorism and legal issues: the texas experience nga regional bioterrorism workshop march 15,...
TRANSCRIPT
BIOTERRORISM BIOTERRORISM AND LEGAL ISSUES:AND LEGAL ISSUES:
THE TEXAS EXPERIENCETHE TEXAS EXPERIENCE
NGA REGIONAL NGA REGIONAL BIOTERRORISM WORKSHOPBIOTERRORISM WORKSHOP
March 15, 2004March 15, 2004
Susan K. SteegGeneral CounselTexas Department of Health
TEXAS HAS BROAD, TRADITIONAL TEXAS HAS BROAD, TRADITIONAL STATUTORY POWERS REGARDING STATUTORY POWERS REGARDING PUBLIC HEALTH ISSUESPUBLIC HEALTH ISSUES
Public health powers and duties
Communicable disease code
Health facilities and health professionals licensure
Environmental and consumer health
DECENTRALIZED PUBLIC HEALTH DECENTRALIZED PUBLIC HEALTH SYSTEMSYSTEM
In the 254 counties in Texas:
148 local public health agencies
8 TDH regional offices
141 counties with NO local public health
agency
RECENT EVENTS HAVE CAUSED RECENT EVENTS HAVE CAUSED TEXAS POLICYMAKERS TO FOCUS ON TEXAS POLICYMAKERS TO FOCUS ON PUBLIC HEALTHPUBLIC HEALTH
9/11
Anthrax
Monkeypox
SARS
Smallpox vaccination
IN TEXAS, SEVERAL SIGNIFICANT IN TEXAS, SEVERAL SIGNIFICANT LEGAL DEVELOPMENTS HAVE LEGAL DEVELOPMENTS HAVE OCCURREDOCCURRED
Legislation has passed
TDH has legal staff proactive on legal preparedness issues
Community Legal Preparedness Workshop in Houston on March 26th will be 2nd pilot of CDC’s Public Health Law Program
LEGISLATIONLEGISLATION
Model State Emergency Health Powers Act
Texas Legislation 2003
• HB 9 Homeland Security
• HB 627 Area Quarantine
• HB 2292 Communicable Disease Control
• SB 513 Liability
HB 4
HB 9
HOMELAND SECURITYHOMELAND SECURITY
Requires Governor to develop statewide homeland security strategy
Requires coordination among and between local, state, and federal agencies and the private sector
Creates Critical Infrastructure Protection Council to provide coordination for local and state implementation
Confidentiality is created for certain information collected by government agencies related to homeland security
AREA QUARANTINEAREA QUARANTINE
Expands authority of the Commissioner of Health to implement an area quarantine based upon an environmental or toxic agent in the environment
Relies on the same procedures used for communicable disease control
COMMUNICABLE DISEASE CONTROLCOMMUNICABLE DISEASE CONTROL
Amends the Communicable Disease Control and Prevention Act to clarify and allow for expeditious imposition of control measures
Defines public health disaster and gives the Governor the authority to declare a disaster based upon the Commissioner of Health determination of an immediate threat from a communicable disease
LIABILITYLIABILITY
Establishes immunity from civil liability
• for actions taken without compensation in a disaster at the request of a government agency
• for emergency care provided during an emergency
• for actions by a state or local officer or volunteer who performs a homeland security activity at the request or under the direction of a government agency
PROACTIVE LEGAL STAFFPROACTIVE LEGAL STAFF
OGC Legal Preparedness Team: Composed of seven attorneys representing communicable disease, food and drug safety, facility and professional licensure, radiation control, public health preparedness
PROACTIVE LEGAL STAFFPROACTIVE LEGAL STAFF
Produced manual for Health Authorities: “Communicable Disease Control Measures in Texas: A Guide for Health Authorities in a Public Health Emergency” www.tdh.state.tx.us/phpep/lha
Prepare and update legal opinions on liability and confidentiality of plans and data
Track open records decisions on disaster and preparedness requests
PROACTIVE LEGAL STAFFPROACTIVE LEGAL STAFF
Smallpox Vaccination Program – Workers compensation issue was barrier
OGC convened key legal staff from• Office of the Attorney General
• Texas Workers Compensation Commission
• State Office of Risk Management
• Department of Insurance
Desired outcome was achieved:Develop a unified message
PROACTIVE LEGAL STAFFPROACTIVE LEGAL STAFF
TDH’s legal preparedness initiatives
• Community Legal Preparedness
• State Agency Counsel Legal Preparedness
• Judicial Preparedness
• Legal Preparedness Directory
COMMUNITY LEGAL PREPAREDNESSCOMMUNITY LEGAL PREPAREDNESS
Enhance the readiness of members of the health care bar to play a positive role in the event of an actual or threatened healthcare emergency
Train local government officials and their attorneys in implementing emergency measures
STATE AGENCY COUNSEL LEGAL STATE AGENCY COUNSEL LEGAL PREPAREDNESSPREPAREDNESS
Establish an ongoing forum to convene agency attorneys to discuss issues and coordinate actions
JUDICIAL PREPAREDNESSJUDICIAL PREPAREDNESS
Assist in developing curricula to train judges on judicial procedures for imposing emergency measures
Develop a bench book
Identify and collaborate with judicial training programs
LEGAL PREPAREDNESS DIRECTORYLEGAL PREPAREDNESS DIRECTORY
Establish statewide database of attorneys who represent public health partners
KEY PRACTICAL OBSERVATIONSKEY PRACTICAL OBSERVATIONS
Bridge communication gaps by creating new networks within the legal community
Focus on education, legislative and regulatory changes, mutual aid agreements
Get your attorneys involved in your activities
Expect your attorneys to be proactive
RESOURCESRESOURCES
• CDC Public Health Law Programwww.phppo.cdc.gov/od/phlp/index.asp
• The Model State Emergency Health Powers Act: A Checklist of Issueswww.ncsl.org/programs/health/modelact.pdf
• Model Intrastate Mutual Aid Legislation — National Emergency Management Associationwww.nemaweb.org
• Emergency Management Assistance Compactwww.emacweb.org
CONTACT INFORMATIONCONTACT INFORMATION
Susan K. SteegGeneral CounselTexas Department of Health
(512) 458-7236