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July 2015—Public Health Law News

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

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In This Edition

Announcements: Webinars, Needle Exchange Policies

Webinar on radiological legal preparedness. The Network for Public Health Law is hosting a webinar, “Radiological Legal Preparedness: Considerations, Research, and Lessons Learned,” on Thursday, July 23, 2015, 12:30–2:00 pm (EDT). The free webinar will provide an overview of state authorities to isolate, quarantine, and restrict the movement of individuals contaminated or potentially contaminated with radiation, and panelists will also highlight key school, emergency planning, and partnership considerations and opportunities for educational facilities.


Webinar Series on the Intersection of Public Health and Health Care—The Role of Law. The American Health Lawyers Association and the Public Health Law Program (PHLP) are co-hosting a six-part free webinar series focused on legal issues at the intersection of public health and health care. The second webinar in the series Health Care Quality: What’s Law Got to Do with It?, will take place Friday, July 17, 2015, 1:00–2:30 pm (EDT). This webinar will provide an overview of federally qualified health centers and rural health clinics and give practical insight into the field.


Brief on needle exchange policies. [PDF 401KB] The Council of State Governments released Needle Exchange Programs, by Austin Coleman, a brief exploring needle exchange programs and their funding.


Association of Healthcare Emergency Preparedness Professionals (AHEPP). A new professional association dedicated to advancing the field of disaster preparedness and response, AHEPP is accepting members and announces their first national conference. The conference will take place November 17–18, 2015, in Omaha, Nebraska, and will help guide participants through the most important disaster concerns in various types of healthcare facilitates. See AHEPP’s website for early bird rates, the complete conference agenda, and more information.

Legal Tools: Marketing to Children, Tobacco Control Newsletter

Marketing unhealthy food and beverages to children. ChangeLab Solutions has released Marketing Matters, A White Paper on Strategies to Reduce Unhealthy Food and Beverage Marketing to Young Children. The paper, created through a contract with the Los Angeles County Department of Public Health and funding from First 5 Los Angeles, will help local jurisdictions understand how they can regulate the marketing of unhealthy food and beverages to kids, particularly those under age five. The paper also includes several resources that describe the issue, provide important legal background, and review the policy options.


Tobacco Control Legal Consortium newsletter. [PDF 1.46MB] The latest edition of Legal Update is a special edition that focuses on the tobacco industry’s ongoing impact on kids. It includes resources on flavored tobacco and e-cigarette products and the regulatory options for state and local governments interested in curbing youths’ access to these products.

Briefly Noted: The Fifty Nifty!

Alabama: Alabama drug felons to get welfare benefits after 2 decade ban
AL.com   (06/24/2015)   Erin Edgemon


Alaska: First federal reentry program underway in Alaska
KTVA Alaska   (06/30/2015)   Jacquie Slater


Arizona: Arizona settles cases with relatives of 19 who died fighting wildfire
New York Times   (06/29/2016)   Fernanda Santos


Arkansas: Arkansas attorney general announces metal theft initiative
KY3   (07/09/2015)


California: California governor signs school vaccination law
National Public Radio   (06/30/2015)   Lucy Perkins
[Editor’s note: Read California’s SB 277.]


Colorado: Workers can be fired for marijuana use, Colorado court rules
New York Times   (06/15/2015)   Jack Healy
[Editor’s note: Read the Colorado Supreme Court’s opinion in Coats v. Dish Network, No. 13SC394 (Colo. June 15, 2015) [PDF 177KB].]


Connecticut: Health plans in Connecticut must cover telehealth services  
The National Law Review   (07/06/2015)  
[Editor’s note: Read Connecticut’s S.B. No. 467]


Delaware: Delaware’s first marijuana dispensary opens
Philly.com   (06/29/2015)   Jan Hefler


Florida: 130 new Florida laws now in effect
News 13   (07/01/2015)   Andrew O’Brien


Georgia: Now, you can get your big fireworks right here in Georgia
11 Alive   (06/30/2015)   La’Tasha Givens


Hawaii: Hawaii milk produces fight for survival in competitive market
Khon2   (06/20/2015)   Brigette Namata
[Editor’s note: Read Hawaii’s Milk Control Act, Haw. Rev. Stat. § 157.]


Idaho: New Idaho laws take effect Wednesday
KTB.com   (06/29/2015)   Kim Fields


Illinois: Central Illinois bar owners welcome changes to happy hour ban
Peoria Journal Star   (06/24/2015)   Matt Buedel
[Editor’s note: Read Illinois’s SB0398, which was sent to the governor on June 25, 2015.]


Indiana: Indiana new driver laws changing July 1, 2015
WTHITV 8   (06/30/2015)   Nina Criscuolo and Elizabeth Choi


Iowa: New laws take effect in Iowa
KWQC 6   (07/01/2015)   Jeff Whitten
[Editor’s note: Read Iowa’s new law on the sale of beer growlers, Senate File 456.]


Kansas: New Kansas gun, tax laws go into effect Wednesday
KCTV 5   (07/01/2015)   Chris Oberholtz and Lisa D’Souza
[Editor’s note: Read Kansas’s new concealed handguns law, Senate Bill 45.]


Kentucky: Northern Kentucky Health Department launches mobile website, helps people ‘make healthy choices’
Northern Kentucky Tribune   (07/03/2015)  
[Editor’s note: Visit www.nkyhealth.org to learn more.]


Louisiana: Louisiana to receive several billion dollars as part of massive BP oil spill settlement with Gulf sates
The New Orleans Advocate   (07/02/2015)   Mark Ballard and Amy Wold


Maine: Ridesharing rules for companies like Uber enacted after veto
BDN Main   (07/01/2015)   Darren Fishell  


Maryland: Gator-raid: Police seize two-foot-long alligator from Maryland man’s home
The Washington Post   (07/01/2015)   Lynh Bui


Massachusetts: Massachusetts’s earned sick time law goes into effect Wednesday
MassLive   (06/30/2015)   Shia Shoenberg
[Editor’s note: Read Mass. Gen. Laws ch. 149 §§ 148C and 148D [PDF 93KB].]


Michigan: Michigan’s seatbelt law alive and clicking at 30
Crain’s Detroit Business   (07/05/2015)  


Minnesota: FSIS issues public health alert about Minnesota salmonella illnesses linked to prepared chicken products
Food Safety News   (07/02/2015)  
[Editor’s note: Read the US Department of Agriculture alert.]


Mississippi: A new law to help Mississippi caregivers and hospitals
MPB   (07/06/2015)   Desare Frazier
[Editor’s note: Read Mississippi’s new Caregiver Act, Senate Bill 2108.]


Missouri: Missouri changes insurance requirements for eating disorders
CBS St. Louis   (06/29/2015)   Summer Ballentine
[Editor’s note: Learn more about Missouri’s SB 145, which was signed by the governor 6/19/2015.]


Montana: State to create new Office of American Indian Health
Great Falls Tribune   (06/16/2015)   Lisa Baumann
[Editor’s note: Read Montana Executive Order No. 06-2015 [PDF 165KB].]


Nebraska: Nebraska medical center to get funding for Ebola training
SunHerald   (07/01/2015)  


Nevada: Nevada to offer transgender health coverage starting July 1
Las Vegas Review-Journal   (06/17/2015)   Sandra Chereb
[Editor’s note: Learn more about Nevada Public Employees’ Benefits.]


New Hampshire: New Hampshire expands newborn screening program
Kentucky   (07/01/2015)  
[Editor’s note: Learn more about New Hampshire’s newborn screening program.]


New Jersey: N.J. residents flock to Pa. border to buy fireworks, defying ban
NJ.com   (07/03/2015)   Kelly Heyboer


New Mexico: New Mexico law cuts into police budgets
KRWG   (07/05/2015)  
[Editor’s note: Read New Mexico’s House Bill 560 [PDF 88KB].]


New York: New York City works to improve safety of homeless shelter workers
New York Times   (07/06/2015)   Winnie Hu


North Carolina: 1 Death, 248 illnesses in outbreak linked to NC restaurant
Food Safety news   (07/01/2015)  
[Editor’s note: Learn more about the salmonella outbreak.]


North Dakota: North Dakota water officials see results from crackdown on illegal water sales
Prairie Business Magazine   (07/06/2015)   Patrick Springer


Ohio: Lifetime license ban rarely imposed on Ohio drivers
The Columbus Dispatch   (07/06/2015)   John Futty


Oklahoma: New safety, health rules for Oklahoma child-care providers go into effect next year
Tulsa World   (07/03/2015)   Ginnie Graham
[Editor’s note: Learn more about Oklahoma’s Child Care Facilities Licensing Act.]


Oregon: New report says Oregon health reform is working
Jefferson Public Radio   (06/26/2015)   Kristian Foden-Vencil 
[Editor’s note: Read Oregon’s 2014 Final Performance Report on Health System Transformation.]


Pennsylvania: More nurses is better, but Pennsylvania has fewer
Lancaster Online   (07/06/2015)   Heather Stauffer


Rhode Island: RI, Mass. beaches reopened to swimming
WPRI   (07/02/2015)   Elizabeth Teitz and Annie Shalvey


South Carolina: 8th E. Coli case linked to South Carolina daycare
Fox News   (06/09/2015)  


South Dakota: Officers enforce fireworks laws during holiday weekend
KDLT News   (07/05/2015)   Caiti Blasé
[Editor’s note: Learn more about South Dakota’s fireworks laws.]


Tennessee: Toxic East Tennessee train derailment may have affected water
Times Free Press   (07/0/2015)  
[Editor’s note: Read the EPA’s report on the train derailment.]


Texas: Court upholds key tool to combat housing discrimination
CNN   (06/25/2015)   Ariane de Vogue
[Editor’s note: Read Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., Supreme Court of the United States, Docket No. 13-1371, Decided 06/25/2015, Opinion by Justice Anthony M. Kennedy.]


Utah: Utah is using playful highway signs to encourage safe driving
Seattle PI   (07/06/2015)  


Vermont: New Vermont taxes hit snack time
Burlington Free Press   (07/06/2015)   Paris Achen
[Editor’s note: Learn more about the Vermont Sales and Use Tax on Soft Drinks [PDF 293KB] and tax on food or beverages sold through vending machines [PDF 257KB].]


Virginia: Virginia give more cushion to cyclists on the road; police write more tickets
WAMU 88.5   (07/06/2015)   Tamika Smith


Washington: Taxes on Washington’s legal pot sales top $70 million
Union-Bulletin   (07/06/2015)   Gene Johnson


West Virginia: USDA cites West Virginia zoo for handling of tiger cubs
The Washington Times   (07/06/2015)   Jonathan Mattise


Wisconsin: Wisconsin statewide smoking ban celebrates 5th anniversary
Superior Telegram   (07/06/2015)   Shamane Mills


Wyoming: Lawmakers begin to tackle involuntary hospitalization issues
Casper Star Tribune   (06/23/2015)   Trevor Brown


District of Columbia: Taxing e-cigarettes: a lose-lose-lose for the District of Columbia
The Washington Examiner   (07/02/2015)   Dr. Gilbert Ross

Profile in Public Health Law: CAPT Carmen Clelland, PharmD, MPA, Associate Director for Tribal Support, CDC

Interview with CAPT Carmen Clelland, PharmD, MPA

Title:
Associate Director for Tribal Support, Office for State, Tribal, Local and Territorial Support, CDC

Education:

  • Healthcare Corporate Compliance graduate certificate, May 2015
    George Washington University, Washington DC
  • Masters of Public Administration, February 2008
    Walden University, Minneapolis, Minnesota                                                                             
  • Doctor of Pharmacy, May 2002
    University of Oklahoma, Oklahoma City, Oklahoma                                         
  • American Pharmacists Association/ Indian Health Service Residency in Ambulatory Care Pharmacy, June 1990
    Winslow Service Unit, Winslow, Arizona                                                                                   
  • Bachelor of Science, pharmacy, May 1989
    University of Oklahoma, Oklahoma City, Oklahoma

Member of the Cheyenne and Arapaho Nations


Public Health Law News (PHLN): Please describe your career path.

Clelland: I began my career as a clinical pharmacist providing direct patient care services within the Indian Health Service (IHS). I progressed through various roles from a pharmacy resident to director of pharmacy services. In 2004, I altered my career path from clinical roles to administrative roles. I then had positions as director of professional services, director of quality management, director of health professions support, and chief executive officer. Overall, I’ve had a varied career from providing direct clinical services to overseeing and managing large clinical and administrative programs.

PHLN: Were you always interested in public health? What sparked your interest?

Clelland: My initial career interest was providing clinical services as a pharmacist. When I was stationed in Yakima, Washington, I volunteered at a free HIV/AIDS clinic. This was very impactful because it was the early ‘90s when medical and pharmaceutical treatments were limited and outcomes for those with AIDS were extremely poor. After that experience, I better understood the direct healthcare and public health needs for HIV/AIDS patients. I’ve had an appreciation for public health ever since. 

PHLN: What drew you to the US Public Health Service (USPHS) Commissioned Corps?

Clelland: I graduated from pharmacy school and had an IHS Health Professions Scholarship payback obligation. I could enter the IHS as civil servant or USPHS Commissioned Corps officer. I decided to enter as a Corps officer. Until then, I didn’t realize there were other uniformed services outside of the Army, Navy, Air Force, Marines, and Coast Guard.

PHLN: Do you consider yourself as working in public health law? Why or why not?

Clelland: Public health law is intertwined with my primary responsibility of continuing and improving the public trust and the government-to-government relationship with American Indian and Alaska Native populations (AI/AN). Understanding the authorities of the government and its relation to public health and using those authorities in support of AI/AN people is essential for improved relations.

PHLN: Earlier this year, you became the associate director for the Tribal Support Unit (TSU) within CDC’s Office for State, Tribal, Local and Territorial Support (OSTLTS). What is TSU?

Clelland: TSU supports the three main public health AI/AN objectives, is the advisor and liaison to policy officials for AI/AN issues, is the principal contact for AI/AN inquiries, and coordinates CDC/ATSDR programs and policies that affect AI/AN populations.

PHLN: What are some of TSU’s responsibilities?

Clelland: TSU is responsible for relationship-building between the agency and the tribes. This involves planning, communications, and support for a wide range of policy, program, and support activities that help tribes improve their public health.

PHLN: How does TSU integrate with OSTLTS’s goals and other programs?

Clelland: TSU continues the overarching work of OSTLTS by communicating, educating, and working with state, tribal, local, and territorial health professionals, public health organizations, and other involved parties that might need technical support. 

PHLN: What are “tribal consultations”?

Clelland: They are a collaborative effort of all parties acknowledging and respecting the issues and concerns of each party. Communication is essential to understand the background, culture, traditions, beliefs, and outcomes during the consultation. 

PHLN: How might CDC’s tribal consultations be more responsive to AI/ANs’ needs?

Clelland: The tribes have multiple concerns and issues that need outcomes. It is TSU’s responsibility to facilitate within our own boundaries to support the tribes, provide technical expertise when needed, and coordinate with other CDC centers, institutes, and offices for action regarding tribal issues and concerns. Continuing and improving how TSU works within CDC and with the tribes is essential for TSU to continue advancing its support for AI/AN communities.

PHLN: It seems as though the diversity between different AI/AN groups and tribes is often overlooked. How can people within and outside of CDC be more mindful of this diversity?

Clelland: With 567 tribes, 325 reservations, and 34 states that have a tribe or tribes associated with them, there is a tremendous amount of diversity of traditions and culture. No one understands all tribes, but people who work with and assist AI/ANs should have an appreciation of their cultural identities. When interacting with AI/ANs, people must commit to understanding their cultures and traditions. It is an ongoing learning process, but if people are patient, in the end the work will benefit the tribe and help keep those cultures and traditions vibrant now and for the future.

PHLN: How does this diversity affect your program’s goals?

Clelland: Diversity assures that there is enough representation on the Tribal Advisory Committee (TAC) and in other areas where tribal input is needed. What might impact a tribe in the Southwest might not impact a tribe in the Northeast. This is something TSU needs to be aware of and consider when working with tribes.

PHLN: What is the TAC?

Clelland: It’s a committee of 16 representatives, one from each of the 12 IHS areas and 4 at-large delegates. The TAC advises CDC/ATSDR on policy issues and strategies that impact AI/AN communities.

PHLN: How does the TAC help drive CDC’s collaboration with tribes?

Clelland: The TAC meets regularly and at two major meeting each year to drive issues and policy to support AI/AN communities. This includes both listening and consultation, which allows for increased dialogue on many pressing issues.

PHLN: How could CDC’s efforts improve?

Clelland:Communication and engagement is key to improving the effectiveness and support of the TAC and other parties that impact AI/AN communities. 

PHLN: The next TAC meeting is in August 2015. What issues will be on the agenda?

Clelland:Based on input that TSU received from the TAC, as well as suggestions from programs within CDC, we will discuss CDC’s budget, chronic disease prevention and health promotion in Indian Country, the Public Health Associate Program, public health accreditation within tribes and tribal communities, and the health benefits of medical marijuana and hemp use. In addition to these topics, we will have an open discussion on suicide prevention, which is a major health issue in Indian Country.

PHLN: The August meeting will be your first TAC meeting. What do you hope to learn?

Clelland: I hope to gain perspective on the issues that tribes are experiencing with their public health priorities and capacity building.

PHLN: What other projects is TSU working on currently?

Clelland: TSU is working with PHLP to identify areas where we can provide information about tribal consultation, government to government relationships, and overview of policies affecting tribal consultation.

PHLN: If you weren’t working in public health, what would you likely be doing?

Clelland: This has changed over the years. Right now, I would work in a retail pharmacy like CVS. I like the interaction and the impact that community pharmacists can have on a community.

PHLN: Have you read any good books lately?

Clelland: I read “A Game Plan for Life,” which is the account of the people and mentors in John Wooden’s life who inspired him and transformed his greatness. It also provides accounts of people he mentored and describes how hard work develops success and the principals needed to achieve balance and relationships.

PHLN: What are your hobbies?

Clelland: I do long distance running and am a second-degree black belt in Tae Kwon Do to keep myself in shape, and I enjoy all types of foods.

PHLN: Is there anything you would like to add?

Clelland: When I look back at the past 25 years in health care, I feel blessed for all the opportunities I’ve had. I’ve have experienced many different AI/AN cultures and traditions from Cama-I Dance Festival in Alaska, wild horse races on the Rosebud Reservation, bean dance on the Hopi Reservation, fire dance ceremony on Navajo Reservation, first salmon feast on the Yakama Reservation, the vision of all the teepees over the horizon when coming upon the Crow Fair, and many other memories. I have worked in the Southwest with the Navajo and Hopi, the Plains with the Turtle Mountain Band of Chippewa, Rosebud Sioux, Cheyenne-Arapaho, the Northwest with the Yakama, Quinault, Warm Springs, and Colville, and Alaska with the Inupiaq and Yupik. As I look toward the future, I’m optimistic and excited about the opportunities with CDC to continue the great work CDC provides to all communities and to help increase the opportunities to improve the public health of AI/AN communities.

Public Health Law News Quiz July 2015

The first reader to correctly answer the quiz question will be given a mini public health law profile in the August 2015 edition of the News. Email your entry 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: July 2015

Name one of CAPT Carmen Clelland’s hobbies.

Public Health Law News Quiz Question June 2015 Winner!

Robert W. Bishop

June Question: What would Benjamin D. Winig be doing if he weren’t working in public health law?

Winning response: 
Running a bed and breakfast overseas.

Employment organization and job title: Vice Chancellor for Institutional Compliance at the University of Arkansas for Medical Sciences

A brief explanation of your job: I am responsible for coordinating and monitoring the efforts and programs of the University of Arkansas for Medical Sciences campus in order to ensure that its employees and actions comply with all aspects of federal, state and local laws, regulations, and the university’s policies. I also manage and direct clinical billing, Research and HIPAA compliance programs and UAMS Conflict of Interest program, provide strategic direction for ethics and compliance for the campus, and direct investigations of alleged wrongdoing and respond to government inquiries. 

Education: Davidson College, BA; University of Arkansas, JD

Favorite section of the News: Legal Tools

Why are you interested in public health law? Aside from its impact on the regulatory environment (which is certainly a focus area of my work), public health law is the single most influential factor in setting health policy decisions.

What is your favorite hobby? It’s a toss-up between travel and golf.

Quote of the Month: Kansas Representative John Wilson

Quote of the Month: Kansas Representative John Wilson

"If I walk into a restaurant with my family with my 2 1/2-year-old son, I won't know who has been properly trained and who has not. At least if I see their gun I can leave, but now I have no idea,” said Representative John Wilson of Kansas’s new concealed handguns law, Senate Bill 45.

About Public Health Law News

The 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 in the Office for State, Tribal, Local and Territorial Support.

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Subscribe to Public Health Law News or access past issues. To make comments or suggestions, send an email message to phlawprogram@cdc.gov.

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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 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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