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Wednesday,  December 17, 2008

From the Public Health Law Program, Office of the Chief of Public Health Practice, CDC
http://www2a.cdc.gov/phlp/

Announcements

*** Disease, Disaster, Bioterrorism Report. The Trust for America's Health and the Robert Wood Johnson Foundation have released the sixth annual Ready or Not? 2008 Protecting the Public's Health from Diseases, Disasters, and Bioterrorism report. A review of selected legal preparedness measures appears on pages 34-40. To read the report, visit http://healthyamericans.org/assets/files/bioterror-report-2008.pdf.

*** 2008 National Obesity Summit. Information about the June 2008 National Summit on Legal Preparedness for Obesity Prevention and Control is now available online. Please visit  http://www2a.cdc.gov/phlp/summit2008.asp for future updates on Summit materials and for a bibliography of law-related articles on obesity prevention and control.

*** Isolation and Quarantine Training. The Massachusetts Department of Public Health and the Local Public Health Institute have developed a Web-based training, "Legal Nuts and Bolts of Isolation and Quarantine," to familiarize participants with the concepts of isolation and quarantine and their historical and modern use in disease control and prevention. Information about the course is available at http://www.masslocalinstitute.org/courseDetails.aspx?dateId=617&courseId=246.

*** HIV Testing Laws Compendium. The National HIV/AIDS Clinicians' Consultation Center has released the "State HIV Testing Laws Compendium." Visit http://www.nccc.ucsf.edu/StateLaws/Index.html.

*** Risk Assessment Report. Scotland's Grampian Strategic Coordinating Group, representing the government's planning and response framework, has released Road to Resilience, detailing risk assessment and planning for events from terrorism to pandemic influenza. To read the report, visit http://www.grampian.police.uk/Pdf/Road to Resilience strategy booklet.pdf.

*** Tobacco Settlement Report. The Campaign for Tobacco-Free Kids has published a report entitled A Decade of Broken Promises: The 1998 State Tobacco Settlement Ten Years Later. To access the report and other information, visit http://tobaccofreekids.org/reports/settlements.

*** Drug Dependency and HIV Report. Human Rights Watch has released An Unbreakable Cycle: Drug Dependency Treatment, Mandatory Confinement, and HIV/AIDS in China's Guanxi Province. To access the report, visit http://www.hrw.org/en/reports/2008/12/09/unbreakable-cycle-0.

*** Child Injury Report. The World Health Organization and UNICEF have released World Report on Child Injury Prevention, which presents the current knowledge about the five most important causes of unintentional injury and makes recommendations for action. Download the report from http://whqlibdoc.who.int/publications/2008/9789241563574_eng.pdf.

*** Seat Belt Report. The U.S. Department of Transportation has released How States Achieve High Seat Belt Use Rates, a study comparing states with high seat belt use rates and states with low use rates. To download the report, visit http://www-nrd.nhtsa.dot/gov/pubs/810962.pdf.

*** Risk Assessment Publication. A new publication from the National Academies, entitled Science and Decisions: Advancing Risk Assessment, is a complement to the 1983 Risk Assessment in the Federal Government (the Red Book). It embeds the concepts of risk assessment within a broader framework of risk-based decision-making. To learn more about the publication, visit http://www.nap.edu/catalog.php?record_id=12209.

*** Job Opening. The Georgia State University College of Law seeks an attorney to work as a Health Disparities Fellow in a community collaboration. For more information and to apply, visit https://jobs.gsu.edu/applicants/jsp/shared/frameset/Frameset.jsp?time=1229474059937 and "search postings" for vacancy number 0600841.

*** Emergency Management Conference Call for Papers (12/31/08). The International Emergency Management Society's (TIEMS) Annual Conference will be held in Istanbul, Turkey, June 9-11, 2009. Poster titles and abstracts are due December 31, 2008; full paper submissions are due March 1, 2009. For more information, visit http://www.tiems.org/.

*** Baby Doe Rules Conference (2/13). The Georgia State University College of Law and partners will present "The 25th Anniversary of the Baby Doe Rules: Perspectives from the Fields of Law, Health Care, Ethics, and Disability Policy," on February 13, 2008, from 8:30 a.m. to 5:00 p.m. ET. For more information and to register, visit http://www.babydoesymposium.org.

*** Preparedness Summit (2/18-2/20). The 2009 Public Health Preparedness Summit, "The Changing Face of Preparedness: Building and Sustaining Public Health Capacity for Disaster Response," will be held February 18-20, 2009 in San Diego. For more information, visit http://www.phprep.org/2009/?CFID=2422912&CFTOKEN=44727808.

*** Genomics Summer Institute (6/22-6/26). The University of Washington Center for Genomics and Public Health will host a 5-day introduction in public health genomics, June 22-26, 2009. The institute is aimed at professionals interested in learning about integrating genomics principles and applications into health practice and policy. For more information, visit http://depts.washington.edu/cgph.

Top Story

1. Canada: Our smog is worse than we thought

States and Localities

2. California: State ignored HIV law, judge says

3. Massachusetts: Hub enacts strict ban on tobacco sales

National

4. Mad-cow-prevention rule poses its own dangers

International

5. India: Press council issues new guidelines for reporting HIV

Briefly Noted

California diesel regulation · Gang leader suit · Connecticut olive oil standards · Gulf Coast formaldehyde suits · Illinois organ donor suit · Indiana soldiers chemical suit · Kentucky drug testing kits program · Louisiana fluoridation law · Massachusetts pool rules · New York 9/11 lawsuits · Ohio breath-testing machine · Washington monkey smuggling prosecution · National tar, nicotine guidance · National MRSA laws · Snus · Canada reused syringes suit · Hospital gunshot, stab wounds reporting law · China bird smuggling · Russia tobacco restrictions · Taiwan National Vaccine Fund · United Kingdom cigarette vending machines · Zimbabwe cholera national emergency · Obituary Dr. Jay Katz

Journal Articles

World Trade Organization law and public health · Law as public health tool · Healthcare associated infections · Spain tobacco consumption laws · European data protection law · Master Settlement Agreement and advertising · South Africa HIV/AIDS drug policy

Court Opinions

Nebraska newborn screening laws · Rhode Island lead poisoning · Wisconsin lead-based paint · Federal "light" cigarettes · Federal Teflon class · Federal PHS employee action

Quotation of the Week

Ethan Flint, 18 year-old West Virginia University student

_____________________________1_____________________________

"Our smog is worse than we thought"

Toronto Star     (12/06/08)     Moira Welsh

 http://www.thestar.com/article/549457

A bylaw approved by the Toronto (Canada) City Council will require businesses to report emissions of 25 identified chemicals. Most of the chemicals on the "right to know" list -- including benzene, cadmium, hexavalent chromium, and nickel -- are thought to be carcinogens, and almost all have been identified in Toronto air above accepted health standards. Public health researchers used data collected from four Environment Canada air-monitoring stations across the city to develop the list. "Most of us know that Toronto's air is bad to breathe, especially in the summer, "said Katrina Miller, spokeswoman for the Toronto Environmental Alliance. "We now know that there are certain cancer-causing chemicals in our air at levels that are absolutely unacceptable," she said. Beginning January 1, 2009, businesses that are not already required to report emissions in the food and beverage, printing and publishing, chemical, and wood industries will be required to disclose the chemicals they use. The information will be published online. All Toronto industries will be reporting their emissions under the new law by 2013.

[Editor's note: To read the list of 25 substances to be monitored, visit  http://www.healthzone.ca/health/article/548463.]

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"State ignored HIV law, judge says"

Los Angeles Times     (12/05/08)     Jordan Rau

http://www.healthzone.ca/health/article/548463

Los Angeles Superior Court Judge James C. Chalfant recently ordered the California Department of Health Care Services to implement a program designed to help HIV-infected people. According to Chalfant's ruling, the Department "has not fulfilled its statutory obligation" under a law intended to help those who could not afford treatment enacted six years ago. The 2002 statute ordered the Department to encourage AIDS patients to switch to managed care. But Department officials resisted, believing the law would not work. "Our analysis of that bill was it was not possible in a cost-neutral environment," said Department of Health Care Services spokesman Norman Williams. However, Chalfant found that the Department made no effort to make the program work or find other funding avenues. The suit was brought by the Los Angeles-based AIDS Healthcare Foundation, which says hundreds or perhaps thousands of people have been denied healthcare because of the state's inaction.

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"Hub enacts strict ban on tobacco sales"

Boston Globe     (12/12/08)     Stephen Smith

http://www.boston.com/news/local/massachusetts/articles/2008/12/12/hub_enacts_strict_ban
_on_tobacco_sales/

The Boston Public Health Commission has voted unanimously to ban cigarette sales in drugstores and on college campuses. Stores around the city will have two months to comply with the new law. About 75 pharmacies are expected to be impacted by the ban. The rules come after Massachusetts researchers reported that the state's four year-old public smoking ban was associated with a sharp reduction in heart attack deaths. Representatives from drugstore chains CVS and Walgreens say they will comply with the new rules, despite concerns that the tobacco ban would have other ramifications. "Many times, a person who smokes will come in and buy a package of cigarettes and some other items," said Walgreen spokesman Michael Polzin. "So we lose not only the tobacco sale, but those other items they also pick up on the same shopping trip." The new rules also prohibit the opening of any new cigar bars or hookah lounges. Owners and patrons of Boston's 11 cigar bars and hookah lounges vocally opposed the new rules, which were amended to allow them to continue operating for now. "We have to listen to people who made a significant financial investment in the city," said John Cradock, chief executive officer of the East Boston Neighborhood Health Center. "Even though there will continue to be cigar bars in Boston, it's a very small number. There won't be any more. I think that's the best we could do, frankly."

[Editor's note: To read the Boston Public Health Commission Regulation Restricting the Sale of Tobacco Products in the City of Boston, visit http://www.bphc.org/board/pdfs/regs_TobaccoRestriction
Regulation_12-11-08.pdf.]

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"Mad-cow-prevention rule poses its own dangers"

Herald Times Reporter     (12/04/08)     Michael Rubinkam

http://www.htrnews.com/article/20081204/MAN0101/812040553/1984

A new U.S. Food and Drug Administration (FDA) rule, intended to prohibit the use of cattle brains and spinal cords in livestock feed and pet food, may have unintended consequences for human health. The rule, set to take effect in April, is designed to eliminate the risk of bovine spongiform encephalopathy, or mad cow disease, which is thought to be spread by feeding the nervous tissue of infected cattle to other cattle, livestock, or pets. Mad cow disease has been linked to more than 150 human deaths worldwide. The FDA rule will change how farmers handle dead cattle. One of the most common methods is to send the carcasses to rendering plants, where they might be turned into pet food, soaps, cosmetics, toothpaste, lubricants, and other products. Some plants have announced they will no longer accept cattle carcasses because of the high cost of removing the nervous tissue. Instead of sending carcasses to rendering plants, farmers may simply bury them on their property or let them rot in the open, where some industry officials and regulators say they might become reservoirs for germs, attract vermin, and pollute water supplies. The new rule is expected to reduce the number of cattle processed by rendering plants by 500,000 to 800,000 annually.

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"Press council issues new guidelines for reporting HIV"

Indo-Asian News Service     (11/17/08)     F. Ahmed

http://www.thaindian.com/newsportal/uncategorized/new-guidelines-for-media-while-reporting-
on-hivaids-lead_100120199.html

The Press Council of India (PCI) has issued revised guidelines on HIV and AIDS reporting to ensure more balanced and accurate media coverage of such issues. The new rules were developed with assistance from UNAIDS following a suit filed by the National Network of Positive People regarding a media story about two HIV-infected children, one of whom was subsequently discriminated against. PCI's new rules require journalists not to sensationalize stories or use hidden cameras, and to avoid using images of sick and dying people. The guidelines also require writers to "[u]phold confidentiality and obtain informed consent. Journalists should not disclose the identity of the person infected with HIV unless they have specific permission to do so. Whenever possible, they should get written consent." Children, in particular, should not have their identities revealed. The guidelines also educate journalists on the proper terminology to use when discussing HIV or AIDS, and encourage them to not promote "myths" about prevention and transmission of the virus, or to raise false hopes by reporting on cures that have no scientific validity.

[Editor's note: To read the new Press Council of India guidelines on AIDS and the Media, visit http://www.ngogateway.org/ngo/bitstream/1/716/1/Guidelines on HIVAIDS and Media.doc.]

_____________________BRIEFLY NOTED______________________

California: New regulation requires soot traps for high-polluting diesel trucks by 2011

"California brings heavy-duty diesels under clean air rules"

Sacramento Bee     (12/13/08)

http://www.sacbee.com/capitolandcalifornia/story/1470828.html

California: Suit seeks civil monetary penalties for alleged harm to public

"Los Angeles sues imprisoned street-gang leaders"

Wall Street Journal     (12/09/08)     John R. Emshwiller

http://online.wsj.com/article/SB122878250225489839.html

Connecticut: State enacts safety standards to protect against allergic reactions

"Connecticut takes on slippery olive oil standards"

Associated Press     (11/21/08)     Susan Haigh

http://www.google.com/hostednews/ap/article/ALeqM5hlovVVIGOiGxMZsAQ_Ufn7XP6unwD94JJVH00

Gulf Coast: Court hears arguments on class action, expert testimony on formaldehyde

"Storm victims seek class action over trailer fumes"

Associated Press     (12/02/08)     Michael Kunzelman

http://www.kdbc.com/Global/story.asp?S=9446395&nav=menu608_2_5

Illinois: Plaintiff says medical center should have informed of donor's high-risk behavior

"Woman who got HIV in transplant sues Ill. hospital"

Associated Press     (11/17/08)     Mike Robinson

http://archives.chicagotribune.com/2008/nov/17/health/chi-ap-il-aids-transplant

Indiana: Guard members say firm knew Iraq site contaminated with carcinogen

"Ind. soldiers sue over chemical exposure in Iraq"

Associated Press     (12/04/08)     Charles Wilson

http://www.google.com/hostednews/ap/article/ALeqM5gtE1vHAn6xmE8UE1iCi2k_Jsd4gQD94RFF9O0

Kentucky: 20th judicial district offers innovative program to prevent drug abuse

"Judge develops take-home drug testing kits"

Associated Press     (12/14/08)

http://www.kentucky.com/181/story/625739.html

Louisiana: Water supply systems have until March to make plans to fluoridate

"Law requires fluoridation -- if state foots bill"

News Star     (12/15/08)     Make Hasten

http://www.thenewsstar.com/article/20081215/NEWS01/812150307/1002

Massachusetts: Federal law requires public pools install covers over drains by December 19

"New law may close public pools"

The Republican     (12/11/08)     Nancy Gonter

http://www.masslive.com/springfield/republican/index.ssf?/base/news-18/12289864573238
70.xml&coll=1

New York: Workers with respiratory illnesses claim breathing masks not given

"Ground Zero lawsuits are to begin in 2010"

New York Times     (12/11/08)     Mireya Navarro

http://www.nytimes.com/2008/12/11/nyregion/11dust.html

Ohio: Breath-testing machine approved by legislative committee

"Ohio OKs use of controversial Intoxilyzer 8000 breath-alcohol tester"

Plain Dealer     (12/09/08)     Reginald Fields

http://www.cleveland.com/news/index.ssf?/base/news/1228815084101420.xml&coll=2

Washington: Woman prosecuted for illegal monkey posing potential danger to public

"Woman 'pregnant' with monkey convicted of smuggling"

CNN.com     (12/09/08)

http://www.cnn.com/2008/CRIME/12/09/monkey.smuggling/index.html

National: Commission drops flawed Cambridge Filter Method

"FTC tosses guidance on tar, nicotine in cigarettes"

Associated Press     (11/27/08)     Kevin Freking

http://news.yahoo.com/s/ap/20081127/ap_on_go_ot/tobacco_ftc

National: Advocates' efforts to fight superbug result in hospital disclosure, screening laws

"MRSA: Patients revolt against hospital secrecy"

Seattle Times     (11/18/08)     Michael J. Berens and Ken Armstrong

http://seattletimes.nwsource.com/html/localnews/2008403751_mrsaday3m0.html

National: Companies test-market cigarette replacement products

"New tobacco product alarms some health officials"

Associated Press     (11/24/08)     Vicki Smith

http://www.google.com/hostednews/ap/article/ALeqM5h0YgXY3aFBnz113DA-cCxPG-Ng8gD94KRT002

Canada: Thousands claim health services reused syringes

"Class-action lawsuit launched over reused syringes in Canada"

Xinhua     (11/23/08)

http://news.xinhuanet.com/english/2008-11/23/content_10398144.htm

Canada: Manitoba law took effect December 1

"New law forces hospitals to report gunshot, stab wounds"

Canadian Press      (11/28/08)

http://www.portagedailygraphic.com/ArticleDisplay.aspx?e=1321545

China: Smuggling increases since chick imports curb imposed

"Smuggled fertilized eggs dodging bird flu control measures, say trade sources"

South China Morning Post     (12/11/08)     Ella Lee and Martin Wong

http://www.scmp.com/portal/site/SCMP/menuitem.2c913216495213d5df646910cba0a0a0/?vgnextoid=07ec155c2912e110VgnVCM100000360a0a0aRCRD&vgnextfmt=teaser&ss=Hong
+Kong&s=News

Russia: Lower house votes to lower tar, nicotine content, place health warnings on packs

"Russia passes new restrictions on tobacco"

Associated Press     (12/03/08)

http://www.google.com/hostednews/ap/article/ALeqM5gQ43zVdUkxeoIpXk92yueK3UwA2wD94RBSJO0

Taiwan: Amendment would establish vaccine fund, implementation of inoculation policies

"National Vaccine Fund passes first review in legislature"

Central News Agency     (12/10/08)     Emmanuelle Tzeng

http://www.cnanews.gov.tw/eng/cepread.php?id=200812100028

United Kingdom: Machines blamed for giving teens easy access to cigarettes

"Under-18s banned from using cigarette vending machines"

Evening Standard     (12/09/08)     Sophie Goodchild

http://www.thisislondon.co.uk/standard/article-23598912-details/Under-18s+banned+from+using+cigarette+vending+
machines/article.do

Zimbabwe: Cholera cases increase in 9 of 10 provinces

"Zimbabwe declares cholera national emergency"

CNN.com     (12/04/08)

http://edition.cnn.com/2008/HEALTH/12/04/zimbabwe.cholera.emergency/index.html

Obituary

Connecticut: Professor explored boundaries between law, medicine, psychology, ethics

"Dr. Jay Katz, 86, dies; explorer of ethics issues"

New York Times     (11/20/08)     Dennis Hevesi

http://www.nytimes.com/2008/11/20/nyregion/20katz.html

___________________JOURNAL ARTICLES____________________

"Trade and health: how World Trade Organization law affects alcohol and public health"

Addiction     (12/08)     Ben Baumberg and Peter Anderson

http://www.ingentaconnect.com/content/bsc/add/2008/00000103/00000012/art00012 (subscription required)

"The scientific basis for law as a public health tool"

American Journal of Public Health     (01/09)     Anthony D. Moulton and others

http://www.ajph.org/cgi/content/abstract/AJPH.2007.130278v1 (subscription required)

"Healthcare infections associated with care and treatment of humans and animals"

Emerging Infectious Diseases     (12/08)     James Gibson and other

http://www.cdc.gov/eid/content/14/12/e1.htm

"...The impact of laws regulating tobacco consumption on the prevalence of passive smoking..."

European Journal of Public Health     (12/08)     Carlos Jiménez-Ruiz and others

http://eurpub.oxfordjournals.org/cgi/content/abstract/18/6/622 (subscription required)

"The European data protection legislation and its consequences for public health monitoring"

European Journal of Public Health     (12/08)     Marieke Verschuuren

http://eurpub.oxfordjournals.org/cgi/content/short/18/6/550 (subscription required)

"After the Master Settlement Agreement: targeting ... of youth to magazine tobacco advertising"

Health Affairs     (09/30/08)     Hillel R. Alpert and others

http://content.healthaffairs.org/cgi/content/abstract/hlthaff.27.6.w503 (subscription required)

"Estimating the lost benefits of antiretroviral drug use in South Africa"

JAIDS     (12/01/08)     Pride Chigwedere and others

http://www.jaids.com/pt/re/jaids/abstract.00126334-200812010-00010.htm;jsessionid=JHkL1
RyCLSTvxGW1672qVpXJJGPctYLN5ZFLp6FvSnNXKTRlJwVq!-595418120!181195629!8091!-1

___________________COURT OPINIONS____________________

Nebraska: Newborn screening laws not constitutional; failure to test does not establish neglect

In re Interest of Joel Anaya

Supreme Court of Nebraska

No. S-07-1136

Filed December 5, 2008

Opinion by Judge Lindsey Miller-Lerman

http://www.supremecourt.ne.gov/opinions/2008/december/dec5/s07-1136.pdf

Rhode Island: Court rules on motions in lead poisoning case

Maldonado v. Jorge

Superior Court of Rhode Island, Providence

C.A. No. PC 02-5468

Filed December 5, 2008

Opinion by Judge Alice Gibney

http://www.courts.ri.gov/superior/pdf/Maldonado%20v%20Jorge%20PC%2002-5468%20
Final%20(kt).pdf

Wisconsin: Lead paint maker found not to have intentionally caused public nuisance

City of Milwaukee v. NL Industries

Court of Appeals of Wisconsin, District One

No. 2007AP2873

Filed November 25, 2008

Opinion by Presiding Judge Patricia Curley

http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=34709

Federal: Labeling Act does not preempt state claims against "light" cigarettes

Altria Group, Inc. v. Good

Supreme Court of the United States

No. 07-562

Filed December 15, 2008

Opinion by Justice John Paul Stevens

http://www.supremecourtus.gov/opinions/08pdf/07-562.pdf

Federal: Motion to certify class of people who bought Teflon-coated cookware denied

In re Teflon Products Liability Litigation

U.S. District Court for the Southern District of Iowa Central Division

Civil No. 4-06-md-01733

Filed December 5, 2008

Opinion by Judge Ronald Longstaff

http://www.iasd.uscourts.gov/iasd/opinions.nsf/55fa4cbb8063b06c862568620076059d/038942f
8441af2c486257519005a305d/$FILE/Teflon.cla.pdf

Federal: Tort Claims Act does not preclude Bivens action against PHS employee

Castaneda v. USA

U.S. Court of Appeals for the Ninth Circuit

No. 08-55684

Filed October 2, 2008

Opinion by Judge Milan Smith Jr.

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7F7E9192E1E140B6882574D5008046D0/$file/
0855684.pdf?openelement

__________PHL NEWS QUOTATION OF THE WEEK___________

"I think I'd rather throw up in my mouth."

-- Ethan Flint, 18 year-old West Virginia University student, on snus, a tobacco product companies hope will replace cigarettes. A snus is a tea bag-like pouch of smokeless tobacco tucked between the cheek and gum. Unlike chewing tobacco, the juice is intended to be swallowed. [See Briefly Noted item, above.]

___________________________________________________________

The CDC Public Health Law News is published the third Wednesday of each month except holidays, plus special issues when warranted. It is distributed only in electronic form and is free of charge. News content is selected solely on the basis of newsworthiness and potential interest to readers. CDC and DHHS assume no responsibility for the factual accuracy of the items presented. 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. 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.

For past issues or to subscribe to the CDC Public Health Law News, visit http://www2a.cdc.gov/phlp/cphln.asp. For help with subscriptions or to make comments or suggestions, send an email to Rachel Weiss at rweiss@cdc.gov.

The News is published by the Public Health Law Program, Office of Strategy and Innovation, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Karen M. Leeb, J.D., M.L.S., Editorial Advisor.

The News is published by the Public Health Law Program, Office of Strategy and Innovation, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Karen M. Leeb, J.D., M.L.S., Editorial Advisor.