Publications by Type

The Public Health Law Program provides selected articles and reports as practical resources for public health practitioners and their legal counsel.

Chronic Disease

• George A. Mensah, et al., Law as a tool for preventing chronic diseases: expanding the spectrum of effective public health strategies, Preventing Chronic Disease. 2004 Apr. Article discussing the important roles that laws have played in public health.
  

Infectious Disease

• Express Tuberculosis Control Laws in Selected U.S. Jurisdictions report. Oscar A. Cabrera,O’Neill, James G. Hodge, Jr. and Lawrence O. Gostin, JD, LL.D. (Hon.), The Centers for Law & the Public’s Health: A Collaborative at Johns Hopkins and Georgetown Universities. An examination of key legal patterns of express TB control laws present in 25 states.

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The Public Health Law Program has developed compendia – selected resources on law, legal issues, and policies relevant to selected public health topics – as practical resources for public health practitioners and their legal counsel.

Nutrition/Physical Activity/Obesity Public Health Law Resources

• Artificial Trans Fat
• Breastfeeding
• Menu Labeling
• Nutrition Advertising to Children
• School Activity
• School Nutrition
• Sodium Reduction
• Zoning and Obesity
• Zoning and Physical Activity

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Recent investments in emergency preparedness have expanded the capacity of federal, state, local, and other health agencies to address challenges such as pandemic influenza, terrorist attacks, and natural disasters. In addition, law enforcement agencies, the corrections system, the judiciary, and many other sectors have re-examined their own policies and procedures, identified potential gaps, and undertaken steps to strengthen preparedness for future emergencies. While efforts to strengthen each sector's all-hazards preparedness are essential, no sector or jurisdiction is likely to face a major disaster or its aftermath alone. This section presents selected model memorandums of understanding to enhance coordination of preparedness across sectors.

• A Menu of Suggested Provisions for Public Health Mutual Aid Agreements
  Mutual aid agreements can be effective tools to assist U.S. state and local governments, tribes, Canadian provinces, First Nations, and Mexican states in sharing information, data, supplies, resources, equipment, or personnel for the purpose of protecting the public's health.
• Model MOU for Joint Public Health/Law Enforcement Investigations (2008)
  Designed as a starting point, setting forth the major gaps and problems in cross-sectoral and cross-jurisdictional emergency preparedness planning, as well as some key opportunities for addressing them. Please contact state and local public health officials or FBI Weapons of Mass Destruction coordinators in FBI field offices for a copy of the MOU or send an e-mail request to phlawprogram@cdc.gov.
• Framework for Improving Cross Sector Coordination
  This document outlines the major gaps and problems in cross-sectoral and cross-jurisdictional emergency preparedness planning, as well as some key opportunities for addressing them.

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Jurisdictions have enacted statutes on a number of topics to further public health impact. This section lists various statutes by jurisdiction.

Federal

• Asthmatic School-Children's Treatment and Health Management Act of 2004, (2004). Gives preference to States that require schools to allow students to self-administer medication to treat a student's asthma and for other purposes.

State

• Alabama Education Code 16-1-39 (2004). Alabama code authorizing self-administration of asthma medication by students with written parental authorization, and written authorization from physician.
• California Education Code § 49422-49427. California code allows for pupils to carry and self-administer medication by providing written statements from both physician and parent.
• Florida Education Code § 1002.20 (h) (2002). Florida code allows for pupils to carry and self-administer medication by providing written statements from both physician and parent.
• Official Code of Georgia Annotated § 20–2-774 (2008). A Georgia statute authorizing students to self-administer asthma medication, pursuant to local adopted school policies.
• 105 Illinois Comp Stat § 5/22–30 (2003). Illinois code that permits students with asthma to self-administer asthma medication in school with written authorization provided by both physician and parent.
• Kentucky Rev Stat Ann § 158–834–158.836 (Michie 2002). Allows a student to possess and administer asthma medication with written authorization from the student's health provider. A copy of a signed waiver from the guardian acknowledging that the school will not be held liable in any claims relating to the self-administration of medicines to treatment asthma or asthma related illnesses must be furnished to the school.
• Maine 2003 Me Laws 531. Allows students to possess inhalers and self-administer asthma medication with written verification provided by both physician and parent.
• Mass. Gen. Laws ch. 71, § 54B. Mandates that the department of public health shall disseminate regulations concerning the administration of prescription medications, and allows students with asthma and other respiratory diseases to possess and self-administer prescription medication in accordance with the department of public health regulations.
• Michigan Comp Laws Ann 380.1179 (West 2002). Permits school children to carry inhalers and self-administer medication if they suffer from asthma, providing written approval from a physician and parent is given to the school.
• Minnesota Statute § 121A.22–121A.221 (2002). Allows pupils to possess and self-administer prescribed asthma medication if school personnel has received written authorization from the pupil's parent permitting the student to self-administer and the inhaler is properly labeled.
• Mississippi Code Ann § 41-79-31 (2004). Permits self-administration of a prescribed medication by a student school personnel have been provided with written authorization from the parent and the student's health practitioner.
• Missouri Rev Stat § 167.627 (West 2002). Allows school board to permit students to self-carry and self-administer if they suffer from asthma or other potentially life threatening respiratory conditions. A written approval from physician and parent is required.
• New Jersey Stat Ann § 18A:40–12.3 (West 2002). Requires education boards to develop policies for the self-administration of asthma medication through the use of an inhaler while at school. Written consent from the attending physician and parent is required.
• New Mexico § 22-5-4.3. Allows students to carry and self-administer asthma medication and emergency anaphylaxis medication.
• New York Educ Law § 916 (McKinney 2002). Permits students to carry and use prescribed asthma inhaler during the school with written permission from health care provider and parent.
• Ohio Rev Code Ann § 3313.716 (2004). Provides guidelines and conditions for students' to possess and use asthma inhalers while in school. Requires written permission from health care provider and parent are required. Provide school employees immunity from liability for damages in a civil action for injury, death, or loss to person or property if all conditions have been satisfied.
• Oklahoma § 70-1-116.3.(2004). Provides guidelines and conditions for students' to possess and use asthma inhalers while in school. Requires written permission from health care provider and parent are required.  Provide school employees immunity from liability for damages in a civil action for injury, death, or loss to person or property if all conditions have been satisfied.
• Oregon Administrative Rules § 581-021-0037 (1999). Instructs school districts to develop guidelines for self-medication of prescribed or non-prescribed medication by a student with written permission from a parent and instructions from a physician.
• Pennsylvania HB § 1113 (2003). Directs school districts to develop policies for self-administration and possession of certain asthma medications by students.
• Rhode Island § 18.0 Rules and Regulations for School Health. Requires public schools to establish procedures for permitting students to self - carry and self-administer prescribed medication during school and at school functions off site with written authorization by parent.
• Tennessee Pub. Act 493 (2004). Permits self-administration of asthma medication and possession of asthma reliever inhalers at schools with parent written consent and specific instructions regarding the prescribed medication.
• Virginia General Assembly § 22.1-274.2 (2000). Requires school board to establish and develop policies allowing students with asthma to possess and self-administer inhaler medication during the school day and at school sponsored events with written consent from parent and primary care physician.
• Wisconsin Statute § 118.291. Permits students with asthma to carry and use asthma medication and inhaler in school and at school sponsored activities with written permission for a parent and physician and given to the principal.

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The Public Health Law Program has developed toolkits on a number of public health topics as practical resources for public health practitioners and their legal counsel. This page lists toolkits developed by PHLP and selected toolkits prepared by others.

Emergency Preparedness

• Social Distancing Law Assessment Template 
  As part of the Social Distancing Law Project, PHLP created a Social Distancing Law Assessment Template. It includes a standardized template for assessing legal authorities, a hypothetical scenario and instructions for conducting a Legal Consultation Meeting, and examples of completed documents from the state of Michigan and the Commonwealth of Virginia.
• Court House Preparedness for Public Health Emergencies (Univ. of Pittsburgh)
  A case study demonstrating how Pennsylvania counties have conducted emergency planning that includes a planning template and planning resources.

Public Health Law Bench Books

• Arkansas Courts [PDF - 367KB]
• Florida State Courts [PDF - 1MB]
• Georgia State Courts [PDF - 705KB]
• Illinois State Courts 
• Indiana State Courts [PDF - 2.35MB] 
• Kentucky State Courts 
• Michigan State Courts [PDF - 5.45MB]
• Minnesota State Courts [PDF - 986KB]
• New York State Courts 
• North Carolina State Courts [PDF - 549KB]
• Ohio State Courts [PDF - 745KB]
• Oklahoma State Courts [PDF - 278KB]
• Oregon State Courts [PDF -1.72MB]
• Pennsylvania State Courts 
• Texas State Courts [PDF - 2.35MB]
• Virginia State Courts [PDF - 5.19MB]
• Washington State Courts
  

Infectious Disease

• Legal Tools for Tuberculosis Control
  CDC, in cooperation with the National Tuberculosis Controllers Association and other partners, has developed and facilitated development of a portfolio of law-related resources for use by states, tribes, and localities to prevent and control the spread of TB.

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The Public Health Law Program (PHLP) develops and shares a growing portfolio of courses and other learning materials in applied public health law. This section features selected learning resources for public health lawyers, public health practitioners, students, and others.

General

• Public Health Law 101
  Public Health Law 101 is a foundational course on public health law as a learning resource for public health practitioners, students, and others.

Emergency Preparedness

• Forensic Epidemiology 3.0
  Training package designed to help public health and law enforcement agencies strengthen their coordinated response to pandemic influenza and similar disease outbreaks.
• Public Health Emergency Law 3.0
  Training to help public health practitioners and emergency management professionals improve their understanding of the role of law in public health emergency response. 
• Suggested Communicable Disease Vignettes (California Department of Health Services)
  Intended to train users to describe communicable disease scenarios that are disruptive to safe court operations, identify health benefits of various precaution methods, and define factors that result in infectious disease transmission.

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