Emergency Preparedness

Purpose

The Public Health Emergency Preparedness Clearinghouse is a central repository for emergency preparedness-related statutes, regulations, orders, reports, and legal tools. The Clearinghouse is intended to aid jurisdictions considering updates and clarifications to their public health emergency legal preparedness activities.

Training and Educational Resources

Training to help public health practitioners and emergency management professionals improve their understanding of the role of law in emergency response.

Self-paced, e-learning course to help public health practitioners, lawyers, and emergency management professionals improve their understanding of the use of law during a large-scale communicable disease response.

Model set of Minimum Competencies in Public Health Emergency Law for mid-tier public health professionals to advance the inclusion of law-based content in all public health emergency training, resources, and tools. Developed at the request of CDC's Center for Preparedness and Response and the Association of Schools of Public Health as a companion document to the Public Health Preparedness and Response (PHPR) Core Competency Model[DOC – 245KB] (Dec 2010) for mid-level public health workers and the supporting Knowledge, Skills and Attitudes for the PHPR Core Competencies[PDF – 1MB] (Sept 2012).

The PERLC develop and deliver competency-based preparedness and response learning products for the US public health workforce, including training on legal aspects of emergency response. The program is funded through CDC's Center for Preparedness and Response.

Guidebook developed by the National Association of County and City Health Officials (NACCHO) to help public health professionals improve their departments' administrative preparedness capabilities and to encourage collaborative preparatory work among preparedness, legal, human resources, procurement, and other staff.

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.

Training that introduces students to the role of law in public health, the legal authority for public health activity, and key legal issues associated with high-visibility public health functions.

The instructor's guide provides the materials and necessary steps needed to deliver "Introduction to Public Health Law" to students.

Ebola Activities and Updates

Resources and trainings developed by the Public Health Law Program to address questions from responders and the public about Ebola-related legal issues.

Public Health Law Bench Books

Commonly used by judges as functional practice guides to accelerate their understanding of an area of law. States have public health law bench books for the judiciary; public health officials; state and local public health attorneys; and the public.

Toolkits, Handbooks, and Other Publications

This article, published in the Emory University Law Journal, argues that a streamlined and adaptable state legal system for emergency response 1) provides a governor with the authority to issue one type of emergency declaration, 2) does not divide vital authorities across various declaration types, and 3) provides a governor with the unilateral power to remove statutory and regulatory barriers to an effective response.

This issue brief provides an introduction to tribal emergency preparedness law. It discusses tribal emergency preparedness authorities and provides examples of these authorities across various tribal laws; examines federal Indian law in the context of emergency preparedness; and addresses cross-jurisdictional coordination between tribes and other jurisdictions.

This issue brief provides an overview of how statutes and regulations in California play a vital role in ensuring that response personnel have the necessary authority to accomplish effective and efficient evacuations from threatened areas.

  • Criminal and Epidemiological Investigations Handbooks

Provide an overview of criminal and epidemiological investigation procedures, which are designed to increase collaboration between public health and law enforcement. Law enforcement and public health officials can use the applicable handbook (domestic or international) to understand the different goals and needs of the other organization before an event occurs. These handbooks teach public health and law enforcement how to work together to identify the biological agent, prevent the spread of the disease, avoid public panic, and apprehend those responsible.

For public health, law enforcement, and other agencies within the United States, with content based on US laws, statutes, and authorities.

For public health, law enforcement, and other agencies outside of the United States, with content generalized for an international audience.

This LawAtlas map covers state laws that explicitly grant governors the power to suspend, amend, or create laws during emergencies. Emergencies might involve dangers to public health, such as an outbreak of the flu; natural disasters, such as floods or earthquakes; or threats to security, such as acts of terror.

Assesses the development and implementation of radiological emergency planning in kindergarten through university-level schools. Identifies best practices, gaps, and barriers in educational facility planning and key legal, emergency planning, and partnership considerations—from before a radiological incident occurs to six hours after.

Tribes have inherent authority as sovereign nations to undertake measures to prepare for and manage public health emergencies in the manner most appropriate for their communities. Coupled with existing federal statutes, there are multiple mechanisms for tribes, either directly or through a state or the US federal government, to declare an emergency or receive the benefits of a federal declaration. This article summarizes several types of emergency declarations, including tribal declarations, Stafford Act declarations, and federal public health emergency declarations, and their implications for tribes. Sunshine G, Hoss A. Emergency declarations and tribes: mechanisms under tribal and federal law. Michigan State International Law Review 2015;24:33–44.

Discusses legal suggestions developed by the American College of Chest Physicians (CHEST) Task Force for Mass Critical Care to support planning and response efforts for mass casualty incidents involving critically ill or injured patients. Published in CHEST Journal, v. 146, 4 Supp. (Oct. 2014).

Assesses state and local laws that authorize restriction of movement and decontamination of people during a radiological event. Offers radiation legal preparedness guided questions for stakeholders. The assessment is a the result of a partnership between the CDC's Public Health Law Program, CDC's National Center Environmental Health, Radiation Studies Branch, and the National Association of County and City Health Officials.

Toolkits to help public health officials understand and use legal authorities to prepare for and respond to public health emergencies. They cover emergency authorities and immunities, emergency use authorizations, public health and schools, and scope of practice issues. Developed by the Association of State and Territorial Health Officials and the Public Health Law Program.

Lists federal laws that address preparing for and responding to a range of natural and man-made disasters and emergencies. The list includes a brief description of the law and a citation.

A standardized template for assessing legal authorities, hypothetical scenario and instructions for conducting a Legal Consultation Meeting, and examples of completed documents.

Vulnerable Populations

As sovereign entities, tribal governments have the authority to create their own laws and take steps to prepare for and respond to public health emergencies. The Tribal Legal Preparedness Project has been established to assist tribal nations interested in expanding their legal preparedness capacity.

A web portal that serves as a one-stop source for further resources, tools, and information related to all-hazards preparedness for older adults. Focus areas include developing plans, collecting and using data, registries, training and competency, law-based solutions, caregiver preparedness, and sheltering older adults.

Webinars

This webinar, from the National Governors Association, examined challenges public health professionals and responders faced during the Ebola response, as well as legal provisions and concepts and how to apply them to future infectious disease emergency response planning. In addition, this webinar highlights protection of vulnerable populations for the next communicable disease outbreak of public health concern. (11/26/2019)

This webinar, co-sponsored by the Partnership for Public Health Law, the American Public Health Association, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the National Association of Local Boards of Health, provides an overview of the public health problem posed by Zika, discusses the domestic legal framework for addressing the virus, and highlights ways to coordinate health care and public health legal preparedness. (03/18/2016)

This webinar, hosted by the Association of Healthcare Emergency Preparedness Professionals, outlines general principles of effective quality assurance and performance improvement for legal preparedness for hospitals and illustrates the necessary components of a defensible hospital emergency management program. (12/8/2015)

Disclaimer:‎

Information available on this website that was not developed by the Centers for Disease Control and Prevention (CDC) does not necessarily represent any CDC policy, position, or endorsement of that information or of its sources. The information contained on this website is not legal advice; if you have questions about a specific law or its application you should consult your legal counsel.