Emergency Legal Preparedness and Response
During disease outbreaks or natural disasters, jurisdictions may take divergent legal approaches in their responses to national or regional public health threats. Legal authorities vary across states, tribal governments and localities during declared emergencies. Conflicting laws and overlapping jurisdictions further complicate key decisions on when or how to respond.
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Resources
Public Health Handbook for Communities Under Emergency Management – A Case Study of the Flint Water Crisis
Emergency Manager Law Primer: Protecting the Public’s Health During Financial Emergencies – Lessons Learned from the Flint Water Crisis
Declared States of Emergency – Opioid Crisis
Emergency Legal Preparedness – Hurricanes Harvey, Irma and Maria
Emergency Legal Preparedness and Zika Virus
Legal Liability Protections for Emergency Medical/Public Health Responses
Emergency Declaration Authorities
Summary of Authority & Actions Regarding Public Health Emergencies: Michigan Public Health Code
Federal and Michigan Laws Protecting Individuals from Tort Liability
Emergency Legal Preparedness Concerning Ebola Virus Disease
Ebola Public Health Emergency Legal Preparedness and Response FAQs
Spotlight
Opportunity to Promote Public Health for Workers Exposed to Extreme Heat
Public Health Law Strategies to Prevent and Reduce Human Health Impacts of Climate Change
Avian Flu Response: Who Does What?
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A Closer Look at Emergency Legal Preparedness and Response
Public health officials may face many critical legal and policy decisions during public health emergencies, including:
- Inter-jurisdictional legal coordination of federal, tribal, state and local actors in real-time emergencies under changing legal norms
- The ability to issue isolation or quarantine orders, or other social distancing methods, to control public health threats
- Whether to close or dismiss schools, or other public assemblies, temporarily or for prolonged periods to prevent the spread of communicable diseases
- The authority to mandate vaccinations for minors or autonomous adults, including health care workers
- Licensing, credentialing and privileging out-of-state health practitioners
- Inter-jurisdictional management of scarce resources including personnel, vaccines, shelter and sustenance
- Omnipresent concerns over liability of public health practitioners during emergencies
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