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February 2013 - CDC Public Health Law News

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Thursday, February 21, 2013

From the Public Health Law Program,
Office for State, Tribal, Local and Territorial Support,
Centers for Disease Control and Prevention

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  1. Lecture highlighting important role of boards of health. The 14th Annual Ned E. Baker Lecture, Leading the Way to Healthier Communities: How Leadership Can Strengthen Public Health, will take place on April 4 from 4:00 to 5:30 pm (ET) in Bowling Green, Ohio. Participants will explore the dynamic characteristics of leadership and learn how board of health members, public health professionals, elected officials, and community members can exhibit leadership that improves the health of communities. Find more information about the Ned E. Baker Lecture and be a part of the live, interactive webcast.

  2. O'Neill Institute accepting Law Fellow applications. The O'Neill Institute for National and Global Health Law, which is housed at Georgetown University Law Center, is seeking exceptionally qualified candidates to serve as O'Neill Institute Law Fellows. Fellowship terms are one year, with possible extension to two years, and will begin autumn 2013. Fellows receive an annual salary of $65,000, with benefits. Candidates must have a J.D. Applications must include CV, cover letter, writing sample, professional references, official law school transcripts, and other graduate school transcripts (if applicable). The application deadline is Friday, February 22, 2014. Any questions about the position should be directed to Find more information about the fellowship [PDF - 68KB].

  3. Food law fellowship opportunity at the UCLA School of Law. The newly-launched Resnick Center for Food Law and Policy at UCLA School of Law is now accepting applications for the inaugural Resnick Program for Food Law and Policy Teaching Fellowship. The fellowship is a full-time, year-round, one academic-year position beginning July 2013 with the possibility of renewal for a second year. The position involves teaching law, legal and policy research and writing, preparing to go on the law-teaching market, and assisting with organizing projects such as conferences and workshops. No degree will be offered as part of the fellowship program. Fellowship candidates must hold a J.D. degree from an ABA-accredited law school and be committed to a career of law teaching and scholarship in the field of food law and policy. The salary is $59,000 per year, plus a competitive benefits package, and limited research and travel support. To apply for the 2013–2014 Resnick Program for Food Law and Policy Teaching Fellowship, submit the following materials by March 18, 2013: cover letter summarizing the applicant's qualification for the fellowship; detailed research proposal, no more than ten pages in length; description of teaching interests (course abstract and plan for class or seminar preferred); a list of published works, if any; resume or CV; official law school transcript; and the names of and contact information for three references (at least two must be academic references. Applications should be sent to Edna Sasis, Office of the Dean, UCLA School of Law, Box 951476, Los Angeles, CA 90095-1476. Email applications may be sent to Find more information about the fellowship.

  4. Food law job opening at the UCLA School of Law. The UCLA School of Law is seeking a highly energetic, experienced individual to be the Executive Director of a newly-established Program for the study and practice of food law and policy located at the UCLA School of Law. The Program is designed to bring world class policy analysis, research, and educational opportunities in food law and policy to UCLA Law School, the campus, the broader community of Southern California, the nation and the world. Minimum requirements include an excellent academic record; a J.D., M.B.A., or equivalent advanced degree from a U.S. school; at least five years of successful food law and policy practice or experience; demonstrated management, administrative and organizational skills, with successful prior experience in fundraising or coordinating scholarly or professional conferences preferred; prior successful teaching experience and a record of publications concerning food law and policy topics preferred; a strong record of established relationships with other food law and policy professionals and with professional organizations preferred. Confidential review of applications, nominations, and expressions of interest will begin immediately and continue until an appointment is made. Send a resume, cover letter, and the names and addresses for at least two professional references to the attention of Edna Sasis, Office of the Dean, UCLA School of Law, 405 Hilgard Avenue, Los Angeles, CA 90095-1476. Email applications may be sent to Find more information about the Executive Director position.

  5. ASLME Health Law Professors Conference. The American Society of Law Medicine and Ethics (ASLME) is happy to announce the 36th Annual Health Law Professors Conference will be held June 6–8, 2013, in Newark, New Jersey. The conference will be co-sponsored by ASLME and Seton Hall University. Find more information about the conference.

  6. NALBOH Annual Conference. The National Association of Local Boards of Health (NALBOH) is hosting NALBOH 21st Annual Conference, Responsible Governance for a Brighter Public Health Future, which will take place August 14–16 in Salt Lake City, Utah. The conference will provide board of health members and other public health professionals with information on public health governance functions, engaging citizens, and the role of effective leadership in healthy communities. Registration will open April 20, 2013. Find more information about NALBOH and the 21st Annual Conference.

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Legal Tools

  1. Annual Spring Training with National Public Health Performance Standards Program (NPHPSP). CDC and its partners host a once-yearly national training for current and prospective NPHPSP users. The 11th annual training, Public Health Improvement Training: Advancing Performance in Agencies, Systems, and Communities, is scheduled for April 23–24, 2013, in Atlanta, Georgia. The 2013 training will cover the following performance improvement topics and address how each topic supports an overall public health improvement strategy: accreditation by the Public Health Accreditation Board; quality improvement; state and community health assessment and improvement planning; and performance management. Find more information and register for the training.

  2. National Intimate Partner and Sexual Violence Survey Release. On average, twenty-four people per minute are victims of rape, physical violence, or stalking by an intimate partner in the United States, based on a survey conducted in 2010. Over the course of a year, that equals more than twelve million women and men. Those numbers only tell part of the story—more than one million women are raped in a year and over six million women and men are victims of stalking in a year. These findings emphasize that sexual violence, stalking, and intimate partner violence are important and widespread public health problems in the United States. Find more information and access the full report.

  3. Freedom of Information Act law database. The Reporter's Committee for the Freedom of the Press offers a free online database of freedom of information laws. The information may be sorted by state or judicial circuit. Find more information and access the online database.

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Top Stories

  1. National: Americans with Disabilities Act opens pools to disabled swimmers

    CNN (02/01/2013) Mike M. Ahlers and Tory Dunnan

    In 2010 the United States Department of Justice, under the egis of the Americans with Disabilities Act (ADA), published swimming pool accessibility standards for people with disabilities. January 31, 2013, was the deadline for pool operators to comply with the most recent mandates ADA.

    The new rule applies to public swimming pools, such as those at hotels, motels, public country clubs, health clubs, recreations centers, and businesses. The rule also applies to private community pools if the pool is made available for public use or rental. Facility operators are required to provide access for people with disabilities if such access is "readily achievable." Facilities that failed to meet the new requirements could face up to $55,000 in civil penalties.

    While the ADA was originally enacted in 1990, the need of providers and facilities to prepare to meet the new ADA standards required that many of the provisions take effect over an extended period of time.

    Some feel pool access for people with disabilities is overdue. "They've had plenty of time to find a suitable way to accommodate disabled swimmers. It's time to make this happen so that people with disabilities don't have to go through another summer without being able to go swimming with their families," said Patrick Wojahn, a public policy analyst with the National Disability Rights Network.

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    Briefly Noted

    1. California: Over-crowded maternity hotels draw complaints and violate health code
      Complaints against maternity hotels surge
      Los Angeles Times (01/27/2013) Cindy Chang

    2. Hawaii: Law may require businesses to post information about human trafficking
      Hawaii legislative preview: marijuana, human trafficking, sugary drinks, PLDC all agenda
      The Republic (02/10/2013) Anita Hofschneider

    3. Louisiana: Gun bill would require mentally ill to be reported to state database
      Louisiana gun bill would require sharing of mental health information
      Times-Picayune (02/08/2013) Lauren McGaughy

    4. Michigan: 'Patient-to-patient' marijuana sales business not allowed
      Michigan court: Medical-pot dispensaries not allowed
      Detroit Free Press (02/08/2013) Bill Laitner

    5. Missouri: Bill for service dogs goes passes Senate, headed to House
      Bill backs service dogs for mentally disabled
      News Tribune (02/08/2013)
      [Editor's note: Find more information and read Missouri's Senate Bill 33.]

    6. Montana: Senate passes bill requiring more training to identify athletes' concussions
      Montana Senate approves bill protecting prep athletes with concussions
      Independent Record (02/08/2013)
      [Editor's note: Find more information and read Montana's Senate Bill 112 [PDF - 20KB].]

    7. New Jersey: Assisted death bill passes New Jersey Assembly
      Physician-assisted suicide measure passes NJ assembly
      CBS (02/07/2013)
      [Editor's note: Find more information and read New Jersey's Assembly Bill 3328.]

    8. Tennessee: Meningitis outbreak could lead to stronger emergency data-sharing law
      Meningitis outbreak: health crisis superseded privacy laws
      Tennessean (02/09/2013) Kristin M. Hall

    9. Virginia: Senate votes to give local gov't authority to ban smoking in parks
      Va. Senate votes to limit smoking, cell phone use
      Washington Post (02/04/2013) Laura Vozzella

    10. National: Newly approved drug can shut off specific genes related to cholesterol
      F.D.A. approves genetic drug to treat rare disease
      New York Times (01/29/2013) Andrew Pollack

    11. National: Smokers could pay penalties under Patient Protection and Affordable Care Act
      Health law to smokers: time to pay
      Bend Bulletin (02/09/2013) Randy Tucker

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    Court Opinions

    1. New Jersey: Evidentiary hearing in denial of firearm license for psychiatric reasons
      In Matter of Appeal of Morris [PDF - 48KB]
      Superior Court of New Jersey, Appellate Division
      Case No. A-3158-11T3
      Decided 02/05/2013
      Per Curiam

    2. New York: Law mandates presence of automatic external defibrillator, but not use
      Miglino v. Bally Total Fitness of Greater New York, Inc. [PDF - 27KB]
      Court of Appeals of the State of New York
      Case No. 10
      Decided 02/07/2013
      Opinion by Judge Susan P. Read

    3. Federal: No due process violations in license nonrenewal for addiction center
      Comprehensive Addiction Treatment Center v. Leslea
      United States District Court, District of Colorado
      Case No. 11-cv-03417-CMA-MJW
      Decided 01/31/2013
      Opinion by Judge Christine M. Arguello

    4. Federal: Approval of Deepwater Horizon class action settlement
      In re: Oil spill by the oil rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010
      United States District Court, Eastern District of Louisiana
      Case No. MDL 2179
      Ordered 01/11/2013
      Order by Senior District Judge Carl Barbier

    5. Federal: False advertising claims dismissed in 'Neo-To-Go!' case
      Crozier v. Johnson and Johnson Consumer Cos.
      United States District Court, District of New Jersey
      Case Nos. 12-0008 (JBS/KMW), 12-0010 (JBS/KMW)
      Decided 01/31/2013
      Opinion by Chief Judge Jerome B. Simandle

    6. Federal: Drug maker's warning to physician adequate in failure to warn case
      LaBarre v. Bristol-Myers Squibb Co.
      United States District Court, District of New Jersey
      Case No. 06-6050(FLW)
      Decided 01/11/2013
      Opinion by Judge Freda L. Wolfson

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    Quotation of the Month: Dr. Tim Jones, an epidemiologist with the Tennessee Department of Health.

    "Once we were deep into the outbreak, that was a lifesaver in terms of dealing with the complexity of the information that we were trying to handle," Dr. Tim Jones, an epidemiologist with the Tennessee Department of Health, said of the electronic sharing of health information between hospitals and the Tennessee Department of Health during the meningitis outbreak.

    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 CDC Public Health Law Program in the Office for State, Tribal, Local and Territorial Support.


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    News content 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 CDC 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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