1.Gostin, L, Koplan, J, Grad, FThe law and the public's health: the foundations. In: Goodman RA, Hoffman RE, Lopez W, Matthews GW, Rothstein MA, Foster KL, eds. Law in Public Health Practice. New York: Oxford University Press; 2003:3-22.
2. McCarty, KL, Nelson, GD, Hodge, KM Jr, Gebbie, J.Major components and themes of local public health laws in select U.S. jurisdictions. Public Health Rep. 2009;124 (3):458–462.
3.Hodge, Jr, Garcia, JG, Anderson, ED, Kaufman, T.Emergency legal preparedness for hospitals and health care personnel. Disaster Med Public Health Prep. 2009;3 2(Suppl)S37–S44.
4.Examples of federal authorities for emergency declarations include the Robert T.Stafford Disaster Relief and Emergency Assistance Act, 42, USC 5121, et seq (2002), and the Public Health Service Act, 42 USC § 247d. Section 319 (2002). For more information about federal public health emergency declarations, see http://publichealthemergency.hhs.gov/Preparedness/support/secauthority/Pages/default.aspx. Additional information about state and local declarations of emergency may be found by consulting individual state and local statutes and codes or Web sites. See, for example, General Laws of Massachusetts, chap 17, S. 2A, at http://www.mass.gov/legis/laws/mgl/17/17-2a.htm and model emergency declaration for Massachusetts cities and towns at http://www.mass.gov/Eeops/docs/mema/emd_advisory_committee/appendix_a/local_declaration_of_emergency/Local%20Emergency%20Declaration%20Template.doc.
5.Hodge, JG JrAssessing the legal environment concerning mass casualty event planning and response.In: Phillips SJ, Knebel AR, eds. Mass Medical Care With Scarce Resources: A Community Guide. AHRQ Publ No. 07-0001. Rockville, MD: Agency for Healthcare Research and Quality; 2007.
6.A declaration of a public health emergency by the Secretary of Health and Human Services under Public Health Service Act is 1 such example (42 USC § 247d). Section 319 (2002) .
7.Ray, J.Federal declaration of a public health emergency. Biosecur Bioterror. 2009;7 (3):251–258.
8.Statutes governing regulation of select agents is one such example (Public Health Service Act (42 USC 262a).Section 351a (2002)).
9.Barnett, DJ, Taylor, HA, Hodge, JM Jr, Links, JG.Resource allocation on the frontlines of public health preparedness and response: report of a summit on legal and ethical issues. Public Health Rep. 2009;124 (2):295–303.
10.Hoffman, S, Goodman, RA, Stier, DD.Law, liability, and public health emergencies. Disaster Med Public Health Prep. 2009;3 (2):117–125.
11.A survey of providers regarding joining the Medical Reserve Corps indicates that concerns about liability are a factor in deciding whether to volunteeer (Qureshi K, Gershon RM, Conde F. Factors that influence Medical Reserve Corps recruitment. Prehosp Disaster Med. 2008;23:s27–s34). Conversely, a survey of international humanitarian organizations indicates that liability concerns do not significantly impair their operations, although one-third acknowleged that legal claims had been made against them (Fisher D. Regulating the Helping Hand: improving legal preparedness for cross-border disaster medicine. Prehosp Disaster Med. 2010;25 (3):208–212.
12.Hodge, B Jr, Courtney, JG.Assessing the legal standard of care in public health emergencies. JAMA. 2010;303 (4):361–362.
14.Annas, GJ.Standard of care--in sickness and in health and in emergencies. N Engl J Med. 2010;362 (22):2126–2131.
15.Firth, PG.Standard of care--in sickness and in health and in emergencies. N Engl J Med. 2010;363 (14):1379–1380, author reply 1380.
16.Gostin, LO, Hanfling, D, Hodge, B Jr, Courtney, JG, Hick, JL, Peterson, CA.Standard of care--in sickness and in health and in emergencies. N Engl J Med. 2010;363 (14):1378–1379, author reply 1380.
17.Hoffman, S.Responders' responsibility: liability and immunity in public health emergencies. Georgetown Law J. 2008;96:1913–1969.
19.As of the date of publication, 13 states have enacted the Uniform Emergency Volunteer Health Practitioners Act, which offers a provision to confer immunity from vicarious liability upon entities that deploy and use volunteer health practitioners.
21.Volunteer Protection Act. 42 USC § 14501 (1997) .
24.Black's Law Dictionary.5th ed. St Paul, MN: West Publishing; 1979.
25.For more information about the Uniform Emergency Volunteer Health Practitioners Act, see. http://www.uevhpa.org.
26.This principle is set forth in a 1920 decision of the US Supreme Court, Johnson v Maryland, 254 US 51 (1920), based on the court's determination that the supremacy clause of the US Constitution indicates that state and local governments do not set the qualifications of federal employees .
29.Health Care Quality Improvement Act.42 USC §§ 11132-52. Title IV (1986). For more information about the National Practitioner Data Bank, see http://www.npdb-hipdb.hrsa.gov.
30.Notably, in states that have adopted the Uniform Emergency Volunteer Health Practitioners Act, volunteer health practitioners would not be authorized to provide services that are outside the practitioner's scope of practice, even if a similarly licensed practitioner in the state was permitted to provide the service .
31.Courtney, B, Morhard, R, Bouri, N, Cicero, A.Expanding practitioner scopes of practice during public health emergencies: experiences from the 2009 H1N1 pandemic vaccination efforts. Biosecur Bioterror. 2010;8 (3):223–231.
32.Controlled Substances Act. 21 USC §§ 821-31 (1970) .
33.Hoffman, S.Preparing for disaster: protecting the most vulnerable in emergencies. UC Davis Law Rev. 2009;42:1491.
34.Hartman, KM, Liang, BA.Exceptions to informed consent in emergency medicine. Hosp Phys. 1999;35:53–59.
35.Public Health Service Act.42 USC § 289. Section 491 (1985) 45 CFR Part 46 (1982). For more information about human subjects protection, see http://www.hhs.gov/ohrp.
36.For example, use of any products under an emergency use authorization does not meet the Food and Drug Administration's standards for clinical investigation; see the Food, Drug and Cosmetic Act. 21 USC § 360bbb-3(k). Section 564 (2004) .
37.Health Insurance Portability and Accountability Act, Pub L No. 104-191 (1996), 45 CFR Parts 160, 164 (1996) .
42.SAFE Port Act. 42 USC § 300hh-14 (2006).
43. The Federal Employee Compensation Act provides workers compensation for federal employees, including intermittent employees of the National Disaster Medical System, 5 USC § 8101, et seq (1966). For more information about the Federal Employee Compensation Act, see http://www.dol.gov/compliance/laws/comp-feca.htm.
46.Public Health Service Act.42 USC 247d-6b(a). Section 319F-2(a) (2004).
48.Federal Food, Drug, and Cosmetic Act. 21 USC § 360bbb-3.Section 564 (2004). For more information about emergency use of medical countermeasures under Section 564 of the act, see guidance provided at
49.Sherman, SE, Foster, J, Vaid, S.Emergency use authority and 2009 H1N1 influenza. Biosecur Bioterror. 2009;7 (3):245–250.
50.Jacobsen, P, Hoffman, RERegulating public health: Principles and applications of adminstrative law.In: Goodman RA, Hoffman RE, Lopez W, Matthews GW, Rothstein MA, Foster KL, eds. Law in Public Health Practice. New York: Oxford University Press; 2003:23-42.
51.Defense Production Act. 50 App USC § 2061 et seq (1950) .
52.Misrahi, J, Matthews, GW, Hoffman, RELegal authorities for interventions during public health emergencies.In: Goodman RA, Hoffman RE, Lopez W, Matthews GW, Rothstein MA, Foster KL, eds. Law in Public Health Practice. New York: Oxford University Press; 2003:195-210.
53.Comprehensive Environmental Response, Compensation, and Liability Act.42 USC § 9601 et seq (1980). Resource Conservation and Recovery Act 42 USC §§ 6901-6992k (1976). Clean Water Act 33 USC §§ 1251-1387 (1972).
54.Public Health Service Act.42 USC§§ 264, 265. Sections 361 and 362 (2002). For more information about federal quarantine, see http://www.cdc.gov/quarantine.
55.Wolshon, B, Urbina, E, Wilmot, C.Review of policies and practices for hurricane evacuation. I: Transportation planning, preparedness, and response. Nat Hazards Rev. 2005;6:129–142.
56.Robert T. Stafford Disaster Relief and Emergency Assistance Act.42 USC §§ 5121-5206 (2002).
57.Price Anderson Act.42 USC § 2014(w) (1946).
58. For example, after Hurricane Katrina, the Department of Health and Human Services was able to assist affected health care providers in a variety of ways through Medicare, Medicaid, and the Children's Health Insurance Program. In addition, Congress specifically authorized and funded the Department of Health and Human Servicesto reimburse uncompensated care through the National Disaster Medical System and Medicaid. For more information about payments through these mechanisms, see http://www.hhs.gov/disasters/emergency/naturaldisasters/hurricanes/katrina/fedpayment.html.
60.National Emergencies Act.50 USC § 1601 et seq (1976).
61.Public Health Service Act.42 USC § 247d. Section 319 (2002).
63.Social Security Act.42 USC § 1395dd. Section 1867 (2003).
65.Social Security Act.42 USC §§ 1395i-3(d)(4)(b), 1395x(e)(9), 1395x(dd)(2)(g), and 1395x(a)(1) (2010). 42 CFR 418.110(b), 482.41(b)(7), 483.75(m)(1), 485.623(c)(4). Sections 1819(d)(4)(b), 1861(e)(9), 1861(dd)(2)(g), 1871(a)(1) (2010).