October 2011 - CDC Public Health Law News
Thursday, October 20, 2011
From the Public Health Law Program,
Office for State, Tribal, Local and Territorial Support,
Centers for Disease Control and Prevention
In this Edition
This Month's Feature
- NACCHO Model Practice Program. Since 2003 NACCHO's Model Practices Awards program has honored initiatives that demonstrate how local health departments and their community partners can effectively collaborate to address local public health concerns. NACCHO is accepting applications October 10 through November 11, 2011.
- The Public Health Law Center Webinars. The Public Health Law Center has announced a new monthly series of free webinars, which will cover significant and timely topics in public health law and policy. Click here for a calendar of upcoming webinars.
- Job Opening: National Institutes of Health. The Clinical Center Department of Bioethics at the National Institutes of Health, Department of Health and Human Services, invites individuals with a J.D. or other relevant graduate training to apply for its two-year postdoctoral fellowship program in bioethics beginning in September 2012. Applications must be received by December 31, 2011. Click here for more information.
- Zombie Pandemic. Check out Preparedness 101: Zombie Pandemic, the Office for Public Health Preparedness and Response's graphic novel which introduces the importance of preparedness in a creative new format.
- Public Health Advocacy Institute Junk Food Marketing Report. The Public Health Advocacy Institute (PHAI) conducted an extensive 50-state survey of consumer protection law. Major findings are summarized in a report that discusses which consumer protection provisions might be used to protect young children, adolescents, and adults from marketing tactics designed to increase consumption of unhealthy foods and beverages. Click here to access the report.
- Public Health Law Network. The Public Health Law Network has become "The Network for Public Health Law." The Network for Public Health Law's new website will launch on October 20, 2011.
- Georgia: Mental health courts provide treatment and alternative to jail
"Mentally ill find alternatives to jail"
Atlanta Journal Constitution (09/30/2011) Bill Torpy
- Illinois: Abandoned Newborn Infant Protection Act has helped 69 infants
"10 years of hope, trying to save abandoned newborns"
New York Times (09/29/2011) Kristen McQueary
- Ohio: It's a zoo out there; loose exotic animals create public safety threat
"Deputies shoot escaped exotic animals in Ohio"
CNN (1019/2011) Moni Basu
- Maryland: Law making texting a primary traffic offense takes effect
"New traffic laws taking effect in Md., D.C."
Washington Post (09/29/2011) Ashley Halsey III
- Wisconsin: Lack of tax permits may snuff out roll-your own tobacco retailers
"State agents pull plugs on tobacco machines"
Journal Sentinel (10/03/2011) Angela Peterson
- National: Insurers must pay for residential eating disorder treatment
"Eating disorders a new front in insurance fight"
New York Times (10/13/2011) Andrew Pollack
- National: Settlement in FTC/Reebok suit requires company to shape up
"Reebok settles with FTC over butt-shaping shoes"
CNN Money (09/26/2011) Aaron Smith
- Denmark: "Fat tax" levied on sugar, butter and oils in food
"Denmark introduces fat tax to curb unhealthy habits, improve life expectancy"
Washington Post (10/02/2011)
This Month's Feature
Since Halloween is almost upon us, we have decided to cover something ghoulish in this month's edition of the News: Warner Brother's feature film Contagion. A relatively realistic account of global disease outbreak in modern times, the film fictionalizes the world's emergency response to a novel respiratory disease outbreak. The movie, with brief action filmed at CDC Headquarters in Atlanta, follows the process to investigate and respond to the unfolding outbreak. CDC's work and public health practitioners are prominently depicted by major actors in the film. Less prominently featured are the legal issues featured in Contagion. In this month's issue of the News we briefly discuss the legal ramifications of such an outbreak and emergency response. Click here to read the analysis.
- California: Proposed settlement re: mental health for foster children
Katie A. v. Bonta
U.S. District Court, Central District of California, Western Division
Case No.: CV-02-05662 AHM (SHx)
Presented to Judge September 27, 2011
Before Judge A. Howard Matz
- Florida: ADAA expansion of ADA, does not extend to H1N1
Lewis v. Florida Default Law Group, P.L.
U.S. District court, M.D. Florida, Tampa Division
Case No.: 8:10-cv-1182-T-27EAJ
Decided on September 15, 2011
Opinion by District Judge James D. Whittemore
- Michigan: Criminal defendant not entitled to victim's medical records
People of the State of Michigan v. Ring
Court of Appeals of Michigan
Case No.: 298074
Decided on September 15, 2011
Per Curiam Opinion
- Pennsylvania: Pharmacist guilty of felony must retake boards
Marchese v. Commonwealth of PA
Commonwealth Court of Pennsylvania
Case No.: 1613 C.D. 2010
Decided on September 21, 2011
Opinion by Judge Johnny J. Butler
- National: Remanded, tattoos may lead to intentional denial of medical care
Cole v. Holder
U.S. Court of Appeals, Ninth Circuit
Case No.: 09-37627
Decided on September 22, 2011
Opinion by Judge Marsha S. Berzon
- Puerto Rico: Doctor not denied due process in cosmetic specialist case
Gonzales-Droz v. Gonzales-Colon
U.S. Court of Appeals, First Circuit
Case No.: 10-1881
Decided on September 16, 2011
Opinion by Judge Bruce M. Selya
About Public Health Law News
The CDC Public Health Law News is 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, Office for State, Tribal, Local, and Territorial Support, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Lindsay Culp, J.D., M.P.H., Editor; Abigail Ferrell, J.D., M.P.A., Writer. Special thanks to Stacie Kershner, J.D., for help with the Special Feature.
News content is selected solely on the basis of newsworthiness and potential interest to readers. CDC and the Department of Health and Human Services (DHHS) 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 DHHS. 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 DHHS. References to products, trade names, publications, news sources, and non-CDC Websites are provided solely for informational purposes and do not imply endorsement by CDC or DHHS. 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 DHHS. The News is in the public domain and may be freely forwarded and reproduced without permission. The original news sources and the CDC Public Health Law News should be cited as sources. Readers should contact the cited news sources for the full text of the articles.