February 2014—Public Health Law News
Office for State, Tribal, Local and Territorial Support
Centers for Disease Control and Prevention
In This Edition
Announcements
Legal Tools
Top Stories
Briefly Noted
- This Month’s Feature Profiles in Public Health Law: Interview with Akshara N. Menon, ORISE Fellow and Senior Legal Analyst with CDC’s Public Health Law Program
- Public Health Law News Quiz Question: February 2014
- Public Health Law News Quiz: January 2014 Winner
Court Opinions
Quotation of the Month
Announcements
- CDC Public Health Law Program Externship.
The CDC Externship in Public Health Law consists of 9–14 weeks of
professional work experience, for academic credit, with CDC’s Public
Health Law Program in Atlanta, Georgia. The program features rolling
start and completion dates throughout the academic year. It exposes law
students to the public health field, allowing for exploration of the
critical role law plays in advancing public health goals. The unpaid
externship is open to second and third year law students who are
interested in exploring careers in public health law. Participants must
receive academic credit. Applications for the summer 2014
program must be submitted by February 28, 2014; fall 2014 applications
must be submitted by May 31, 2014; and spring 2014 applications must be
submitted by November 1, 2014. Find more information and apply for the externship program. - Job Opening.
The Hopi Health Care Center, Administrative Services Division, is
recruiting for a health system administrator (COO). This is a permanent,
full-time position located in Polacca, Arizona. The COO will serve as a
member of the healthcare delivery system’s management group to
effectively meet clinical standards and achieve the best patient care
possible. The application period closes on Friday, February 21, 2013. Find more information and apply for the position.
- National Association of County and City Health Officials 2014 Preparedness Summit.
The 2014 Preparedness Summit will take place April 1–4, 2014, in
Atlanta, Georgia. The event will provide one of the only
cross-disciplinary learning opportunities in the field. The diverse
range of attendees will include professionals working in all levels of
government (local, state, and federal), emergency management, volunteer
organizations, and healthcare coalitions. Find more information and
register for the 2014 Preparedness Summit - Webinar: Update on Nurse Triage Line Project.
On January 22, 2014, the National Association of County and City Health
Officials hosted a webinar 1) explaining how a coordinated network of
telephone triage lines may be useful during a severe pandemic; 2)
identifying legal issues and concerns that may be associated with using
such a triage network in an emergency; and 3) discussing possible
solutions for resolving issues and concerns. Find more information and
access the archived webinar - 2014 Public Health Law Conference.
The 2014 Public Health Law Conference will take place October 16–17,
2014, in Atlanta, Georgia. The conference will gather public health and
legal experts from across the country to examine and discuss today’s
critical challenges in public health law. Find more information about
the conference
Legal Tools
- Menus assessing state prescription drug overdose laws. The CDC Public Health Law Program is pleased to release several menus assessing state prescription drug overdose laws: Menu of State Prescription Drug Identification Laws
[PDF 332KB]; Menu of Pain Management Clinic Regulation
resources are designed to provide a picture of some of the legal and
regulatory strategies states have used to address prescription drug
misuse, abuse, and overdose. These menus were created through a
partnership between CDC's Public Health Law Program and National Center
for Injury Prevention and Control. - ERISA issue brief.
This issue brief is a summary of responses to technical assistance
requests received by the CDC Public Health Law Program regarding the
Employee Retirement Income Security Act of 1974 (ERISA) and its
relationship to health benefit plans and state laws that address health
system transformation. Find more information and read the ERISA Issue Brief - State diabetes costs report. The National Conference of State Legislatures (NCSL) released States Address the Costs of Diabetes: a 50-State Budget Survey for Fiscal Year 2013,
updating NCSL’s 50-state analysis of state diabetes budgets, tracking
state and federal spending and appropriations on diabetes activities.
Find more information and access the report - LawAtlas maps.
LawAtlas, part of Public Health Law Research, a national program of the
Robert Wood Johnson Foundation based at Temple University, has
published four new interactive LawAtlas maps: Medical Marijuana Laws for Patients - Two new modules of the Model Aquatic Health Code.
Two new modules of the Model Aquatic Health Code (MAHC) have been
revised following public comment. MAHC is a science-based guidance
document to help health departments reduce risk of drowning, chemical
poisoning, and outbreaks at pools and other aquatic venues in their
jurisdictions. The full version of the MAHC will be available for a
final round of public comment in spring 2014. Interested stakeholders
are encouraged to start compiling comments on the revised modules now.
Find more information and access the new modules. - Medical Countermeasures Authorities Q&A. The U.S. Food and Drug Administration (FDA) has released Pandemic
and All-Hazards Preparedness Reauthorization Act of 2013 (PAHPRA)
Medical Countermeasure Authorities: FDA Questions and Answer for Public
Health Preparedness and Response to Stakeholders to respond to
questions raised by public health stakeholders about PAHPRA’s amendments
to the emergency use authorization authority and establishment of new
authorities related to the emergency use of medical countermeasures
during chemical, biological, radiological, and nuclear emergencies. Find
more information and access the FDA’s MCM Q&A - Free e-learning resource on environmental public health.
The National Association of County and City Health Officials has
developed an Environmental Health Primer, a free e-learning resource
that provides an overview of environmental public health, as well as
modules on climate change, community environmental health assessments,
the Environmental Public Health Performance Standards, and working with
the media. Find more information and access the free e-learning resource - ASTHO 2014 State Legislative and Regulatory Prospectus.
The Association of State and Territorial Health Officers (ASTHO) has
released the 2014 State Legislative and Regulatory Prospectus. To
provide an overview of the issues affecting state health agencies and
public health, ASTHO reviewed available pre-filed bills and surveyed the
state health agency legislative liaisons regarding priorities and
issues they expect their legislatures to address in the coming year. The
prospectus summarizes ASTHO’s findings and outlines emerging and
ongoing public health issues to watch in the state legislatures for
2014. Find more information and download the 2014 State Legislative and Regulatory Prospectus
Top Stories
- Navajo Nation: Navajo Nation hikes sales taxes on ‘junk foods,’ makes healthy food choices tax-free
Food Safety News (02/03/2014) Dan Flynn On
January 30, 2014, the Navajo Nation Council passed a law restructuring
the Navajo Nation’s food sales tax system in efforts to encourage
healthier food choices. Previously, all foods were subject to a five
percent sales tax. Under the new law, nutritious foods such as seeds,
nuts, fresh fruits, and vegetables carry no sales tax, but so called
“junk foods” and all sugar-sweetened beverages will be taxed at seven
percent, two percentage points higher than before.
The higher tax
rate applies to all snacks which are high in fat, sugar, and sodium but
low in essential nutrient. Cookies, chips, candy, and pastries will all
be subject to the higher tax rate.
“Each one of us here has a
relative that’s diabetic, and we face that fact every single day,” said
Council Delegate Danny Simpson. Diabetes is about 2.3 times more common
within the Navajo Nation than in areas outside of the Navajo Nation.
The
additional tax revenue is earmarked for a Community Wellness
Development Project Fund, which will finance a variety of
wellness-related venues including parks, swimming pools, walking,
running, and bike trails, and community gardens.
[Editor’s note: Find more information about the Navajo Nation’s Healthy Diné Nation Act of 2013 - West Virginia: One month after toxic spill, West Virginians face ‘crisis of confidence’
New York Times (02/09/2014) Trip Gabriel On
January 9, 2014, up to 5,000 gallons of an industrial chemical used in
coal processing seeped from a ruptured storage take into the Elk River,
near Charleston, West Virginia. The spill contaminated the drinking
water of 300,000 people across several counties.
The chemical,
4-methylcylohexane methanol, or MCHM, was released from a 35,000-gallon
tank owned by Freedom Industries. According to the American Conference
of Governmental Industrial Hygienists, MCHM smells like licorice; it can
cause headaches, eye and skin irritation, and difficulty breathing from
prolonged exposure at high concentrations.
Since the spill was
identified, a ban was placed on the water and then lifted, only to have
schools closed when the chemical was suspected in water again.
Currently, MCHM levels in the water are reportedly safe, but citizens,
frustrated and confused by the bans, are demanding answers and
requesting legislation to prevent such spills in the future.
“If
one smells the odor, people know the chemical is in the water. It’s
difficult for a lot of people to drink it even if they agree with the
science behind it,” said Dr. Rahul Gupta, director of the
Kanawha-Charleston Health Department.
Policy analysts are hopeful
that the crisis will lead to positive changes in West Virginia’s
environmental regulations laws. “Typical regulatory legislation in West
Virginia looks for a good headline, but when you read through it, there
are all these loopholes,” said Marybeth Beller, a political scientist at
Marshall University in Hunting, West Virginia. Beller also noted that
the current situation is different because there is a “sustained
outrage,” and the spill occurred in the state’s largest city during an
election year.
[Editor’s note: Find more information about the January 9, 2014, Chemical spill in West Virginia and MCHM.]
Briefly Noted
- Colorado: Concerns about tracking instances of driving under influence of marijuanaColorado marijuana legalization’s impact on stoned driving unknown
Denver Post (02/10/2014) John Ingold - Connecticut: Parents of children with special needs petition legislature for assistanceParents to lawmakers: Where will our children live when we die?
CT News Junkie (02/07/2014) Christine Stuart - Florida: Legislature looks at creating statewide telemedicine standards
Florida lawmakers to explore telemedicine
Tampa Bay Times (02/09/2014) Kathleen McGrory - Missouri: Senate bill requires notification of dense breast tissue mammogram results
Mo. Senate passes mammogram notice legislation
Kansas City Star (09/06/2014)
[Editor’s note: Find more information and read Missouri’s SB 639 - New York: Concerns that SAFE Act reporting requirements will discourage treatment
Catholic bishops: NY Safe Act gun reporting rules threaten services for mentally ill
Times Union (02/06/2014) Casey Seiler
[Editor’s note: Find more information and read New York’s SAFE Act - Oregon: Bill would create limited legal immunity for underage drinkers
Bill would give immunity to underage drinkers seeking medical help
Statesman Journal (02/06/2014) Carol McAlice Currie
[Editor’s note: Find more information and read Oregon House Bill 4094 - Wisconsin: Seven new laws providing services for individuals with mental illnessesWalker signs bills aimed at helping mentally ill
Green Bay Press Gazette (02/07/2014) Paul Srubas
[Editor’s note: Find more information about Wisconsin’s new mental health laws - National: Tribes to prosecute crimes committed in Indian Country by non-Indians
New law offers protection to abused Native American women
Washington Post (02/08/2014) Sari Horwitz
[Editor’s note: Find more information about the Violence Against Woman Act Reauthorization 2013
This Month’s Feature Profile in Public Health Law: Interview with Akshara N. Menon
Akshara N. Menon
- Title: Senior Legal Analyst/ORISE Fellow
- Organizations: Public Health Law Program (PHLP), Office of State, Tribal, Local and Territorial Support, CDC
- Education: J.D., Emory Law; M.P.H., Yale School of Public Health
Public Health Law News (PHLN): What drew you to work in the public health law field?
Menon:
When I was in college and law school, public health law was a fairly
new and emerging field. I was drawn to its interdisciplinary nature and
large-scale potential to use the law as a tool to improve health not
just for an individual, but also for populations.
PHLN: Please describe your career path to PHLP.
Menon:
I was originally pre-medicine in college, and then took some classes
that piqued my interest in the interdisciplinary study of law,
bioethics, and public health. I began to hear more about the growing
field of public health law, and decided to explore both educational and
work experiences to further understand what it was all about. The more I
learned about the field, I realized that I wanted to pursue a public
health law career. After receiving my J.D. and M.P.H. degrees, I was
looking for employment opportunities and was excited to find that CDC
had established a public health law program committed to advancing the
use of law as a public health tool. I was lucky to get an Oak Ridge
Institute for Science and Education fellowship position with PHLP, and
here I am!
PHLN: Can you briefly describe your day-to-day duties as a legal fellow?
Menon:
Because our PHLP team primarily focuses on providing technical
assistance to CDC programs and the state, tribal, local, and territorial
(STLT) communities, my day-to-day duties include conducting research
and analysis for legal assessments on various public health topics. Once
a legal assessment is completed, I also help with writing and
developing law-related tools and resources for STLT public health
practitioners and policy makers.
PHLN: What do you mean by “legal assessments”?
Menon:
Legal assessments involve collecting, analyzing, and coding STLT laws
on a particular public health issue. We typically receive technical
assistance requests from CDC programs or public health officials who
would like to know how other STLT jurisdictions have used the law to
address a particular public health problem. Thus, we conduct these legal
assessments to help our public health customers understand the legal
landscape.
PHLN: Can you please describe how you carry out fifty-state assessments and why they can be challenging?
Menon:
To conduct a fifty-state assessment, the assigned PHLP attorney begins
by understanding the specific issue the customer wants to know about and
the kind of product they are envisioning. The PHLP attorney must learn
more about the public health subject matter from the customer and also
study the available literature. Once the PHLP attorney is familiar with
the subject matter, she can search the Westlaw legal database for
relevant laws. This is often where challenges arise because searches
often produce a high number of results (sometimes thousands of laws!),
which then requires refining search strings and conferring with the
customer to establish the scope of laws to be collected.
Once all
relevant laws have been collected, the PHLP attorney analyzes what the
laws have in common with one another and how they differ from state to
state. The content and variations between laws are coded by breaking
down provisions into distinct elements that are assigned values. Such
coding is an important last step to translate the law into a format that
is accessible and useful to the customer.
This entire process can be time-consuming, which can be challenging when trying to meet the customer’s deadline.
PHLN: How do fifty-state assessments advance public health and public health law?
Menon:
They are inventories of state legal strategies to address particular
public health problems. Understanding the legal landscape and which
legal tools are being used in states is an essential first step toward
evaluating such public health laws’ effectiveness. Thus, fifty-state
assessments are integral components to understanding how laws can be
used effectively as a tool to advance public health.
PHLN:
You’ve dedicated a great deal of time to a project on prescription drug
laws, the results of which will be published in the coming months. Can
you please describe the importance of this research and areas of focus
within this research?
Menon: CDC has declared
prescription drug overdose an epidemic in the United States. Because of
the widespread nature of the problem, this has become a priority area
for CDC’s National Center for Injury Prevention and Control and for
PHLP. Based on discussions with experts in the field, CDC identified
seven state legal strategies that have the potential to impact
prescription drug misuse, abuse, and overdose. These seven types of laws
include 1) laws requiring a physical examination before prescribing; 2)
tamper-resistant prescription form requirements; 3) pain management
clinic regulation; 4) laws setting prescription drug limits; 5) “doctor
shopping” laws; 6) prescription drug identification laws; and 7) laws
related to prescription drug overdose emergencies.
Starting in
2010, PHLP conducted fifty-state legal assessments in each of these
seven domains. We’ve been working hard for the past two years to update
and refine each of these legal assessments in the seven domains. We just
published menus of laws on our PHLP website for three of the seven
domains: state prescription drug identification laws, pain management
clinic regulation, and state laws related to prescription drug overdose
emergencies. We are finalizing our work on the remaining domains and
hope to publish our findings soon. Because there is little information
on the effectiveness of state statutes and regulations designed to
prevent prescription drug abuse and diversion, our work is a first step
in assessing such laws by creating an inventory of state legal
strategies.
PHLN: What was the most challenging part of this project?
Menon:
This project has involved conducting seven fifty-state legal
assessments, requiring patience and focused reading of many, many laws!
Being able to go through all laws found efficiently and only selecting
those relevant to each domain was a challenging task.
PHLN: How do you hope this research will be used in the future?
Menon:
We hope that our assessment work on state prescription drug laws will
serve as an initial foundation for future evaluation and impact
studies.
PHLN: What other interesting projects are you working on?
Menon:
Other interesting projects that I am currently working on include
assessments about electronic health information; enabling authorities;
and public health’s role in health system transformation.
PHLN: How can people learn more about PHLP and prescription drug laws?
Menon: They can find information on PHLP’s website.
Our website contains a publications and resources section, which
includes our prescription drug research. We plan to publish menus there
on our legal assessment work for seven domains of prescription drug
overdose laws.
CDC’s National Center for Injury Prevention and Control and PHLP have also developed a website
that provides an overview of these seven types of state prescription
drug laws and highlights which U.S. states have enacted them. This
website is also in the process of being updated with our recent research
findings.
PHLN: What’s your favorite aspect of working as a PHLP legal fellow?
Menon:
What I like the best about our work is the diverse nature of projects
we receive, which enables fellows like me to learn about different
subject matter areas and expand my expertise in the field.
PHLN: If you weren’t working in public health law, what would you likely be doing?
Menon: I would likely have pursued a career in international relations.
PHLN: Describe any personal information, hobbies, or interests you care to share.
Menon:
I enjoy travelling to new places, learning about other cultures and
especially trying new foods. Brunch is my absolute favorite meal!
PHLN: Have you read any good books lately?
Menon: I’m a loyal fan of Mary Higgins Clark, and recently enjoyed reading her novel, “The Shadow of Your Smile.”
Public Health Law News Quiz
The
first reader to correctly answer the Quiz question will be given a
mini-public health law profile in the March 2014 edition of the News. Entries should be emailed to PHLawProgram@cdc.gov with “PHL Quiz” as the subject heading. Entries without the heading will not be considered. Good luck!
first reader to correctly answer the Quiz question will be given a
mini-public health law profile in the March 2014 edition of the News. Entries should be emailed to PHLawProgram@cdc.gov with “PHL Quiz” as the subject heading. Entries without the heading will not be considered. Good luck!
Public Health Law News Quiz Question: February 2014
The January 2013 Profiles in Public Health Law interviewees affiliated with which university?
Public Health Law News Quiz Question January 2014 Winner!
Matthew R. Herington
Winning response to the January 2014 Public Health Law News Quiz: California Supreme Court Justice Kathryn Mickle Werdegar
Employment organization and job title: Montana Department of Public Health and Human Services, Office of Fair Hearings, Hearing Officer
Education:
J.D., University of Iowa College of Law; M.P.H. (international health),
Loma Linda University School of Public Health; Graduate Certificate in
Public Health (environmental health), University of West Florida School
of Allied Health and Life Sciences; B.S. (liberal studies), Portland
State University
Please describe your job. As a
hearing officer for the Montana Department of Public Health and Human
Services (Department), I conduct formal evidentiary hearings for
individuals or entities who have been negatively impacted by a program
administered by the Department. These hearings cover a wide variety of
topics, including Medicaid (disputes regarding both
recipients/applicants and providers);Temporary Assistance to Needy
Families (TANF) benefits, child abuse and neglect substantiations;
Supplemental Nutrition Assistance Program (SNAP) benefits, and childcare
licensing.
In doing so, I evaluate testimony, arguments, and
evidence provided by the parties; research and interpret relevant
statutes, policies, regulations, and case law; and write proposed
decisions, including findings of fact and conclusions of law. The
decisions are binding unless appealed to the Montana Board of Public
Assistance, the Department director, or to a Montana district court. In
addition, I serve as the presiding official for informal dispute
resolutions requested by Montana nursing facilities that wish to
challenge adverse survey findings. What is your favorite section of the News?
I particularly enjoy reading the “Feature Profiles in Public Health
Law.” There is a lot of great work being done in public health law, and I
appreciate learning more about some of the people who are contributing
to that work. I also like the “Briefly Noted” section, which helps me
keep abreast of some of the current public health law issues around the
country.
Why you are interested in public health law?
To me, public health law is fascinating because it deals with some of
the most difficult and controversial questions faced by contemporary
society. What are the proper roles of federal, state, and local
governments in assuring the public's health? How much coercion by a
government is acceptable when promoting public health measures? How can
an individual’s rights best be balanced against the good of
society? These questions, of course, are not merely academic; indeed,
how they are answered has an impact on matters of life and
death. Although it is indisputable that law can be used to improve the
public's health, I look forward to the continued evaluation of public
health law interventions so that a stronger evidence base is developed
in the coming years. I believe that attorneys and other legal
professionals have an important role to play in developing these
evidence-based practices, and I hope to be involved in that process.
Court Opinions
- California: Employer did not owe a preconception legal duty to employee’s childElsheref v. Applied Materials, Inc.
Court of Appeals of California, Sixth District
Case No. H038333
Filed 01/27/2014
Opinion by Justice Eugene M. Premo - Federal: No qualified immunity for lab supervisor in falsified drug testing caseJones v. Han
United States District Court, District of Massachusetts
Case No. 13-11196FDS
Filed 01/28/2014
Opinion by District Judge F. Dennis Saylor - Federal: Red Cross not liable for nerve damage allegedly sustained while giving bloodRoss v. American Red Cross
United States Court of Appeals, Sixth Circuit
Case No. 12-4312
Filed 01/27/2014
Opinion by Judge Julia Smith Gibbons - Federal: California’s law on sexual orientation change efforts does not violate First AmendmentPickup v. Brown
United States Court of Appeals, Ninth Circuit
Case Nos. 12-17681, 13-15023
Amended 01/29/2014
Opinion by Judge Susan Graber
Quotation of the Month: Navajo Nation Council Delegate Danny Simpson
one of us here has a relative that’s diabetic, and we face that fact
every single day,” said Navajo Nation Council Delegate Danny Simpson on
the Navajo Nation’s new tax on unhealthy foods.
About Public Health Law News
The Public Health Law Newsis published the third Thursday of each month except holidays, plus
special issues when warranted. It is distributed only in electronic form
and is free of charge.
The News is published by the Public Health Law Program in the Office for State, Tribal, Local and Territorial Support.
Disclaimers
Newscontent is selected solely on the basis of newsworthiness and potential
interest to readers. CDC and HHS assume no responsibility for the
factual accuracy of the items presented from other sources. The
selection, omission, or content of items does not imply any endorsement
or other position taken by CDC or HHS. Opinions expressed by the
original authors of items included in the News, or persons
quoted therein, are strictly their own and are in no way meant to
represent the opinion or views of CDC or HHS. References to products,
trade names, publications, news sources, and non-CDC Web sites are
provided solely for informational purposes and do not imply endorsement
by CDC or HHS. Legal cases are presented for educational purposes only,
and are not meant to represent the current state of the law. The
findings and conclusions reported in this document are those of the
author(s) and do not necessarily represent the views of CDC or HHS. The News is in the public domain and may be freely forwarded and reproduced without permission. The original news sources and the Public Health Law News should be cited as sources. Readers should contact the cited news sources for the full text of the articles.
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