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

***Highway Safety Report. The Advocates for Highway and Auto Safety has released the "2008 Roadmap to State Highway Safety Laws," describing "15 essential and lifesaving highway safety laws," available at http://www.saferoads.org/sec_roadmap2008.htm.

*** UK National Health Service White Paper. The NHS' Health England has released "Our Health, Our Care, Our Say," a white paper setting out the direction of health and social care services in the U.K. For more, visit http://www.dh.gov.uk/en/Healthcare/Ourhealthourcareoursay/index.htm .

***Emergency Preparedness Conference (4/17-4/18). The Yale Center for Public Health Preparedness will hold "Community Preparedness: Addressing the Needs of Diverse Populations" on April 17-18, 2008 in New Haven, Connecticut. For more information, see http://publichealth.yale.edu/ycphp/conference.html. 

*** Tobacco Control Conference (11/23-11/24). The Health Education Council will host the "National Joint Conference on Tobacco Control Strategies That Work!" on April 23-24, 2008, in Detroit, Michigan. See http://www.healthedcouncil.org/ or contact Kristi Maryman at kmaryman@healthedcouncil.org for more information.

Top Story

1. Hospitals now must report serious staph cases to officials

States and Localities

2. Consumer food labeling suits reinstated
3. Law seeks to put brakes on 'extreme speeding'
4. Day-care suit OKd as class action
5. Bill proposes 'scarlet letter' for DUIs

National

6. Agency misses chance to curb lead in jewelry
7. Many lawsuits against pharmacies settled in silence

Briefly Noted

California pedicures · Pesticide spraying · Idaho disaster preparedness · Indiana methadone clinics · Kansas cell phone limits · Carbon dioxide emissions · Missouri tobacco wrongful death case · Oklahoma school fitness · South Carolina HIV notification · Virginia smoking ban defeat · West Virginia mandatory first aid class · Menu calorie postings · National sick day bills · Toy lead standards · Uganda HIV/AIDS training for court justices · United Kingdom breath test

Quotation of the Week

Carrie Lopez, director of the California Department of Consumer Affairs

This Week's Feature

This week we feature Connecticut's proposed "Act Mandating Employers Provide Paid Sick Leave to Employees." See below for details.

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"Hospitals now must report serious staph cases to officials"

San Francisco Chronicle     (02/15/08)     Sabin Russell

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/15/MNH9V2LVP.DTL

Last week, California's public health director ordered hospitals to report community-acquired Staphylococcus infections contracted by otherwise healthy people. Community-acquired infections have afflicted a broad spectrum of people, including jail and prison inmates, injection drug users, athletes, mothers, schoolchildren, and men who have sex with men. Until now, the state has not required reporting for any Staphylococcus infections, whether hospital-acquired or community-acquired. "We are concerned about recent reports of severe [Methicillin-resistant Staphylococcus aureus (MRSA)] in previously healthy individuals," said State Epidemiologist Dr. Gilberto Chavez. "It will tell us where in the state this is occurring, and who in the state is at risk for infection." However, the order has received criticism because it does not require reporting on infections contracted inside hospitals. "They are focusing on the smallest part of the problem," said Lisa McGaffert, a campaign manager for Consumer Union's StopHospitalInfections.org. "[The hospital industry] want[s] to focus on community infections, which they are not responsible for." In October, the Journal of the American Medical Association (JAMA) published a study finding that nearly 60 percent of life-threatening MRSA cases occurred among people who became infected within a year after being hospitalized for any reason. The JAMA study also showed that an additional 25 percent of MRSA cases were among persons who acquired their infections during a hospital stay. Governor Schwarzenegger vetoed a bill in 2004 that would have required hospitals to report their infection rates, but signed a bill in 2006 requiring hospitals to develop infection control strategies.

[Editor's note: To read the new reporting requirement, see http://www.cdph.ca.gov/HealthInfo/news/Pages/Update 03-08.aspx.]

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"Consumer food labeling suits reinstated"

San Francisco Chronicle     (02/12/08)     Bob Egelko

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/12/BA70V0CIS.DTL

The California Supreme Court ruled last week that consumers may sue supermarkets over purported food labeling violations. Consumers brought lawsuits in 2003 and 2004, claiming that several grocers (including Safeway, Albertsons, Kroger, Trader Joe's, Costco, Whole Foods, Bristol Farms, and Ocean Beauty Seafoods) had been misleading customers by failing to disclose that farm-raised salmon were fed chemicals to give their flesh the orange hue of wild caught salmon. Though the federal government does not consider the chemicals (canthaxanthin and astaxanthin) to be health hazards, the coloring induced some customers to pay higher prices for salmon and others to buy fish they otherwise would have shunned, according to the suits. At the trial and appeals courts, the defendant supermarkets successfully argued that only the government can sue for such violations. However, in its rejection of that argument, the California Supreme Court held that a 1990 federal law authorizes states to enact their own labeling requirements, which private citizens can enforce. Rob Heinke, a lawyer for the supermarkets, said that the Supreme Court ruling undermined Congressional intent for national uniformity in food labeling laws and enforcement. But Kevin Golden, an attorney with the Center for Food Safety in San Francisco, called the ruling a "vindication for consumers' right to know what's in their food." The case may be appealed to the U.S. Supreme Court, according to Heinke.

[Editor's note: To read the ruling in Farm Raised Salmon Cases, see http://www.courtinfo.ca.gov/opinions/documents/S147171.PDF.]

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"Law seeks to put brakes on 'extreme speeding'"

World-Herald     (02/13/08)     Tom Shaw

http://www.omaha.com/index.php?u_page=2798&u_sid=10257628&u_rss=1&  

Last week, Nebraska enacted a law to address the problem of drivers' extreme speeding in Omaha and across the state. Residents have long complained of speeding vehicles on neighborhood streets, rural roads, and major thoroughfares and Interstates. The new law increases penalties for drivers going more than 35 miles per hour (mph) over posted speed limits to a fine of $300 and four points against their driver's license. (Twelve points in any two years could lead to license revocation.) The law also includes specific penalties for those driving over 110 mph where the posted speed limit is 75 mph. According to Fred Zwonechek of the Nebraska Office of Highway Safety, the faster a driver goes, the more likely the driver is to lose control of the vehicle. The number of Nebraska drivers convicted of speeding has been on the rise in recent years, prompting lawmakers to draft tougher legislation. State Senator Peter Pirsch said he introduced the measure to deal with people who are "detached from reality, see a movie like 'The Fast and the Furious' and have a hard time understanding that this is just Hollywood." The new law will take effect in mid-July.

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"Day-care suit OKd as class action"

Philadelphia Enquirer     (02/13/08)     Jan Hefler

http://www.philly.com/inquirer/local/nj/20080213_Day-care_suit_OKd_as_class_action.html   

Families of children exposed to mercury in a Franklinville, New Jersey day-care center were given approval by a Superior Court Judge to pursue their claims in a class-action lawsuit. The lawsuit was brought two years after the closure of Kiddie Kollege, a day-care center built on the site of a former thermometer factory. The state's Department of Environmental Protection first found the building to be contaminated in 1995 and ordered the thermometer factory to clean up the property. Instead, the company declared bankruptcy and abandoned the building. A Franklinville real estate broker eventually acquired the property and rented it to Kiddie Kollege and alleges that he was unaware the cleanup had not occurred. Initial tests found mercury vapors in the building 27 times higher than acceptable limits; a new report shows levels to have been much higher. New Jersey Health Department workers examined children attending the day-care and found they were excreting mercury in their urine. An estimated 100 children were exposed, and their class action lawsuit will seek medical monitoring to determine whether they might still need treatment. "Mercury goes dormant in the body and can show up six months to six years later," said Tina Toy, whose daughter attended the day-care. A companion suit seeks medical monitoring for Kiddie Kollege employees and families of children who believe they could have been contaminated by beads of mercury inadvertently carried home from the facility. The suit names Philip Giuliani, owner of the thermometer company; Jim Sullivan, the real estate broker; Gloucester County; Franklin Township; the Department of Environmental Protection; and others as defendants.

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"Bill proposes 'scarlet letter' for DUIs"

Seattle Times     (02/12/08)     Yu Nakayama

http://seattletimes.nwsource.com/html/politics/2004177709_drunkdriving12m.html

A state senator in Washington recently introduced a bill that would require convicted drunk drivers to place fluorescent-yellow license plates on their car for one year. "If you have somebody who has [a] history of driving under the influence, I think it's of great value to the general public and law enforcement to spot such people," said Senator Mike Carrell, sponsor of the bill. DWI offenders would be charged $10 per plate for cars; motorcyclists and moped riders would pay $2. Although Carrell claims support from law enforcement officials, other legislators and Mothers Against Drunk Driving (MADD) oppose the measure. "I don't think this is going to solve anything, and it will have the unintended consequence of embarrassing a lot of innocent people," said Senator Brian Weinstein. "Why should [a wife who shares a car with her convicted husband] be embarrassed and have the public view her as a criminal when she's completely innocent?" MADD would prefer legislation that mandates sobriety checkpoints and requires DWI offenders to have ignition-interlock devices that prevent an intoxicated person from starting the car. If the bill is passed, Washington would join Ohio, Iowa, Minnesota, and Oregon as states with laws requiring DWI offenders to have distinguishing license plates. Ohio issues yellow plates with crimson numbers; Iowa plates contain the letter "Z"; Minnesota plates bear a unique series of numbers; and Oregon dispenses special plate stickers. The Senate Judiciary Committee approved the Washington bill last week, sending it to the Transportation Committee for review. 

[Editor's note: To read Washington Senate Bill 6402, see http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Senate Bills/6402-S.pdf.] 

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"Agency misses chance to curb lead in jewelry"

Wall Street Journal     (02/12/08)     M.P. McQueen

http://online.wsj.com/article/SB120278100989161035.html

Consumer advocates say the Consumer Product Safety Commission (CPSC) has missed a fleeting opportunity to crack down on lead-laden imported toy jewelry. Last August, Congress temporarily authorized CPSC to promulgate rules regarding the manufacture of such products and to pursue violators in court. When that authorization expired last week, CPSC had not taken any such actions. "It makes me angry. It's been almost five years since what happened to my son," said Kara Burkhart, the 30-year old mother of a boy whose near-fatal lead-poisoning in July 2003 prompted the biggest recall in U.S. history. A CPSC spokeswoman said the agency could not vote to ban lead in children's jewelry because necessary research could not be completed by staff before the authorization expired. The spokeswoman added that staff researchers and engineers, among others, were diverted to work with Congress on legislation addressing the issue. Both the U.S. Senate and House of Representatives introduced bills last year that would ban or severely restrict lead in all children's products and add more enforcement personnel to CPSC. The House bill passed in December, and the Senate bill has stalled in committee while legislators negotiate over several key provisions, including confidentiality protections for manufacturers. Federal laws ban paint containing lead, but not lead used in manufacturing plastics and other materials. Since 2004, millions of pieces of metal children's jewelry have been recalled by CPSC, not including the scores of toys and other children's products that have also been recalled in recent years.

[Editor's note: For general information on lead poisoning, see the National Center for Environmental Health's Lead Poisoning Prevention Program at http://www.cdc.gov/nceh/lead/default.htm.]

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"Many lawsuits against pharmacies settled in silence"

USA Today     (02/14/08)     Erik Brady and Kevin McCoy

http://www.usatoday.com/money/industries/health/2008-02-13-pharmacy-errors-secrecy_N.htm

Though it could be in the interest of public health for pharmaceutical errors to be publicized, the standard procedure in lawsuits against pharmacies is for the parties to sign confidential settlement agreements. "Attorneys have an ethical catch-22: They have a duty to their client and a duty to the public good. But their first duty is to their client. And if the client is going to get paid, the big-box pharmacies insist on silence," said J. Douglas Peters, an attorney who has settled cases in which consumers filed liability claims against pharmacies for errors, such as dispensing the incorrect drug. According to Peters, there is a pattern in which drug chains settle cases after being asked to reveal information about behind-the-counter procedures. The two major reasons pharmacies insist on confidential settlements is to avoid bad publicity and to keep potentially damaging information from plaintiff's lawyers, said Barry Furrow, director of the health law concentration at Drexel University College of Law. In statements, Walgreens pharmacy said it considered each settlement agreement on a case-by-case basis, and CVS said it inserted confidentiality clauses to follow "standard procedures typical for resolution of any liability claim." Michael Krauss, a teacher of legal ethics at George Mason University Law School, said cases involving pharmaceutical errors are "tricky" because "many people believe the public health is involved. It seems a little bit like extortion. It's not exactly that, but it seems like money for silence." 

_____________________BRIEFLY NOTED______________________

California: Salons offering pedicures put on probation under new law

"Five SoCal salons cited for violating hygiene law"

L.A. Times     (02/20/08)     Patrick McGreevey

http://www.latimes.com/features/health/la-me-salons20feb20,1,7010223.story

California: State will proceed with spraying despite hundreds of reports of ill health effects

"State to spray pesticide over Bay Area cities"

San Francisco Chronicle     (02/15/08)     Jane Kay

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/15/MN99V2PMN.DTL

Idaho: Elderly at particular risk in weather emergencies

"Officials prepare for disasters"

Times-News     (02/13/08)     Matt Christensen

http://www.magicvalley.com/articles/2008/02/13/news/local_state/130693.txt

Indiana: State House committee, Senate approve restrictions on methadone clinics

"Panel OKs clinic restrictions"

Courier-Journal     (02/12/08)     Lesley Stedman Weidenbener

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080212/NEWS0204/80211054/1085/
NEWS0204

Kansas: Statewide survey finds parents support limits on cell phones, teen passengers

"Parents like idea of tighter driving rules"

Wichita Eagle     (02/15/08)     Tim Potter

http://www.kansas.com/news/state/story/312053.html

Kansas: Senate approves project blocked by Governor over potential carbon dioxide emissions

"Senate OKs coal-fired plants"

Associated Press     (02/14/08)

http://www2.ljworld.com/news/2008/feb/14/senate_oks_coalfired_plants/

Missouri: Supreme Court to decide whether second suit for woman's death to proceed

"Tobacco company appeals $20 million wrongful death case"

Associated Press     (02/14/08)     Chris Blank

http://www.wral.com/news/state/story/2433411/

Oklahoma: House subcommittee votes to extend phys ed requirements

"Lawmakers vote for more physical fitness for school children"

Associated Press     (02/12/08)     Tim Talley

http://www.news-star.com/stories/021208/new_59420.shtml

South Carolina: Bill would remove requirement to notify school officials of student's HIV/AIDS

"School officials wouldn't be told of HIV students under proposal"

Associated Press     (02/13/08)

http://www.thestate.com/politics/story/316081.html

Virginia: House of Delegates defeated smoking ban proposals for fourth year

"Hopes for public smoking ban are snuffed out"

Washington Post     (02/15/08)     Anita Kumar

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/14/AR2008021403061.html

West Virginia: Bill would establish compulsory class for 9th or 10th graders

"Bill requiring CPR, first-aid instruction in schools moves on"

Register-Herald     (02/14/08)     Mannix Porterfield

http://www.montgomery-herald.com/statenews/cnhinsall_story_045225745.html
 

West Virginia: Universally recognized logo for listing calories proposed

"Bill would urge restaurants to post calorie counts on menus"

Associated Press     (02/13/08)

http://www.herald-dispatch.com/homepage/x11
 

National: A dozen states will consider paid sick day bills this year

"States lead push for paid sick days"

Stateline     (02/13/08)     Christine Vestal

http://www.stateline.org/live/details/story?contentId=280734

National: Company to set higher lead standards for toys made for toy store chain

"Toys 'R' Us toughening safety standards"

Associated Press     (02/15/08)

http://ap.google.com/article/ALeqM5jy7zecvvYEJIkNjFn1bgs_0unekAD8UQREF00

Uganda: Nation's justices to undergo training in jurisprudence of equality for HIV/AIDS cases

"Judges warn on divorce over AIDS"

New Vision     (02/18/08)     Rehema Aanyu

http://allafrica.com/stories/200802180014.html

United Kingdom: High Court rules driver had not deliberately failed to give breath sample

"Breath test conviction quashed by judges"

The Star     (02/13/08)

http://www.thestar.co.uk/news/Breath-test-conviction-quashed-by.3769808.jp

__________PHL NEWS QUOTATION OF THE WEEK___________

"California's consumers have a right to clean, safe service when they sit down for a pedicure."

-- Carrie Lopez, director of the California Department of Consumer Affairs, referring to citations for unsanitary conditions in five Southern California salons. The citations came under a new state law giving the state Board of Barbering and Cosmetology power to place any salon violating state pedicure hygiene rules on probation. [See Briefly Noted item, above.]

__________________LAW BEHIND THE NEWS___________________

A dozen states, Washington D.C., and the U.S. Senate are considering legislation that could make paid sick days a basic labor standard. Advocates claim that such legislation would prevent the spread of seasonal illnesses by making it easier for employees to decide to stay home sick rather than expose coworkers to illness.

Jen Kern of the Association for Community Organizations for Reform Now (ACORN) said that Connecticut and Washington D.C. are closest to enacting sick-day laws. The Connecticut bill, as it is written now, would require employers, at a minimum, to provide "paid sick leave annually... at the rate of one hour of paid sick leave for each forty hours worked."

Employees would be entitled to use accrued sick leave beginning on the ninetieth day of employment although employers could agree to an earlier date. Sick leave would be permitted for: physical or mental illness, injury, and health condition; diagnosis, treatment, or care of such illness, injury or condition; and medical care and counseling for victims of family violence, sexual assault, or stalking. The bill also includes confidentiality, anti-retaliation, and advance notice provisions.

Alaska, California, Colorado, Connecticut, Massachusetts, Minnesota, North Carolina, Pennsylvania, Ohio, Rhode Island, West Virginia, and Wyoming join Connecticut and Washington D.C in considering sick-day bills.

[Connecticut's Raised Bill No. 217, "An Act Mandating Employers Provide Paid Sick Leave to Employees," is available at http://www2a.cdc.gov/phlp/docs/2008SB-00217-R00-SB.pdf. For more on sick-day bills, see Briefly Noted item, above.]

___________________________________________________________

The CDC Public Health Law News is published each Wednesday 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 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 weekly 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 the Chief of Public Health Practice, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Christopher Seely, J.D., Associate Editor; Karen L. McKie, J.D., M.L.S., Editorial Advisor.