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

*** Emergency Legal Preparedness Webinar (3/27). A Webinar on the newly updated CDC courses "Forensic Epidemiology 3.0" and "Public Health Emergency Law 3.0" will be held on March 27, 2008, at 2 p.m. ET. The Webinar will be moderated by the Public Health Law Program's Dr. Richard Goodman, who will also describe the new "National Action Agenda for Public Health Legal Preparedness." To register, please visit: http://webcasts.naccho.org/session.php?id=1235/

*** February Quiz Winner. Congratulations to Dr. Gregory O'Keefe, from Herkimer County, New York. Lean more about Dr. O'Keefe, and check your Quiz answers below.

*** Menu Labeling Model Ordinance. The group Public Health Law and Policy has developed a model ordinance for communities interested in passing a local nutrition information menu labeling law. It is available at http://www.phlaw.org/index.html.

*** Emergency Preparedness Law. The New Mexico Legislature recently enacted the Uniform Emergency Volunteer Practitioners Act, available at http://legis.state.nm.us/lcs/_session.asp?chamber=H&type=++&number=348&year=08.

*** Pandemic Influenza Toolkit. The Department of Health and Human Services and CDC have released a pandemic influenza toolkit providing information and resources for community leaders. To access the toolkit, see http://takethelead.pandemicflu.gov/takethelead/.

*** Job Announcement. The Department of Medical Humanities at Southern Illinois University School of Medicine is accepting applications for a full-time, tenure-track faculty position at the assistant level professor level in health law and policy. For more details, see http://www.siumed.edu/ohr/Recruitments/Faculty/FacultyJobs.htm.

*** Hospital Emergency Preparedness. The Washington Hospital Center in Washington D.C. will offer several four-day courses in Hospital Security Preparedness to promote competency in "All Hazards" approach to handle threats to hospital security. For dates and more information, see http://www.web.sitelms.org/view_event.php?event_id=39&event_day_id=67.

*** Tobacco Policy Conference (4/14). The Tobacco Public Policy Center at Capital University Law School will host its fourth annual conference, entitled "Beyond Cigarettes: Policy Responses to Other Tobacco Products," on Monday April 14, 2008 in Columbus, Ohio. For more information, see www.tobaccopolicy.org.

*** Public Health and Disasters Conference (5/18-5/21). The 7th UCLA Conference on Public Health and Disasters will be held in Torrance, California, on May 18-21, 2008. For more information, see http://www.cphd.ucla.edu/conf2008.htm.

Top Story

1. Canada: The up side of the SARS outbreak

States and Localities

2. Georgia: Court ruling, contaminated milk raise questions about using sewage plant wastes

National

3. Federal, state mental health laws could collide

4. Senate votes for safer products

5. States weighing lower age to drink

International

6. Canada: Some small time farmers are worried new chicken regs ignore 'the little guy'

7. Canada: Three in 10 dentists missed 2007 target to better control mercury

Briefly Noted

Arizona text-messaging ban · California runoff suit · Pesticide case damage award · Fireplace restrictions · Idaho grass burning law · Illinois Communicable Disease act · New York female health guidelines · Pennsylvania khat conviction · South Carolina MRSA jail suit · Virginia mental health laws · National downer cow rules · Secondhand smoke bans · Canada smoke-free prisons · China one-child policy · Philippines breastfeeding · South Korea HIV deportation order · Vietnam hamster ban

Quotation of the Week

Jason Godin, President of the Union of Canadian Correctional Officers

This Week's Feature

Law Behind the News. This week, we feature the newly-enacted New Mexico Uniform Emergency Volunteer Health Practitioners Act. See below for more.

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"The up side of the SARS outbreak"

Canadian Press     (03/06/08)     Helen Branswell

http://telegraphjournal.canadaeast.com/search/article/231976

The 2003 outbreak of severe acute respiratory syndrome (SARS) is being viewed in retrospect by some Canadian public health officials as a catalyst for important changes there and around the world. "If there's a silver lining out of SARS, it is that it did become part of the political, policy, public health and public consciousness that we have to be serious about these issues and we can't just wait for problems to happen to respond," said Dr. David Butler-Jones, the first chief public health officer of the Public Health Agency of Canada. The Agency itself was created on recommendation of the first inquiry into SARS (the Naylor Report) and was designed to give public health concerns more attention. The Canadian government also enhanced the National Microbiology Laboratory, constructing an emergency operations center and expanding the laboratory's expertise in development of new vaccines. Internationally, the memory of SARS and threat of H5N1 avian influenza prompted the World Health Organization (WHO) to strengthen the International Health Regulations (IHR), according to Dr. David Heymann, WHO's assistant director general for health security and environment. The IHR outline countries' responsibilities to report and control infectious diseases. Some experts warn that all countries -- not just the ones that have already been affected by tragedy -- should be preparing for emergencies. "We're much better than we were but you never should stop and say 'We've got it all right.' Because you don't," said Dr. James Young, former deputy minister of Public Safety and Emergency Preparedness Canada.

[Editor's note: To read a fact sheet produced by the Public Health Agency of Canada about the progress achieved since SARS, see http://www.phac-aspc.gc.ca/sars-sras-gen/sars0308-eng.php. See also "Lots of change for key players in '03 SARS battle," Canadian Press (03/08/08), at http://www.nugget.ca/ArticleDisplay.aspx?e=934961. For a related article, "Lesson from SARS outbreak 'not learned,'" South China Morning Post (03/07/08) Ella Lee and others, visit http://www.scmp.com/portal/site/SCMP/menuitem.2c913216495213d5df646910cba0a0a0/?vgnex
toid=bac4c6fba4488110VgnVCM100000360a0a0aRCRD&vgnextfmt=teaser&ss=Hong+Kong
&s=Newss (subscription required).]

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"Court ruling, contaminated milk raise questions about using sewage plant wastes as fertilizer"

Associated Press     (03/06/08)     John Heilprin

http://www.macon.com/220/story/287648.html

A recent U.S. District Court ruling in Georgia has ordered the U.S. Department of Agriculture to compensate a dairy farmer whose hundreds of cows died after grazing on hay treated with sewage sludge from a waste water treatment plant. Dairy farmer Andy McElmurray sought compensation after fertilizing his land with  "biosolids," under a 30 year-old government policy that encourages farmers to spread sewage sludge over their land. In McElmurray's case, the sludge contained levels of arsenic, toxic heavy metals, and polychlorinated biphenyls some two to 2,500 times the federal health standards, according to a study cited in Judge Anthony Alaimo's ruling. McElmurray will also be compensated by the city of Augusta, Georgia, which settled a lawsuit with him for $1.5 million. In addition, nearby dairy farmer Bill Boyce recently settled with Augusta for $550,000 after losing more than 300 cows. Boyce claims that he informed Georgia dairy regulators and the U.S. Environmental Protection Agency (EPA) that tests conducted on his cows' milk showed levels of thallium at 120 times the concentration allowed by EPA in drinking water. "They concluded our permit was good, and we could continue to sell milk. So we did," said Boyce. The federal policy, promulgated under authority of the Clean Water Act and the Resource Conservation and Recovery Act, encourages farmers to use sludge for fertilizer, as giving it to farmers is cheaper than burning or burying it. About seven million tons of such biosolids are produced each year as a byproduct from 1,650 waste water treatment plants around the country, and slightly more than half of which becomes fertilizer.

[Editor's note: To read "Standards for the use or disposal of sewage sludge," 40 C.F.R. § 503, see http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=2ca7ef1663d9e7e5f405c79cd465059a&
rgn=div5&view=text&node=40:29.0.1.2.40&idno=40. For a "Plain English Guide to the EPA Part 503 Biosolids Rule," see http://www.epa.gov/owm/mtb/biosolids/503pe/index.htm.]

_____________________________3___________________>>__________

"Federal, state mental health laws could collide"

San Francisco Chronicle     (03/06/08)     Victoria Colliver

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/06/BUHJVE7JV.DTL&type=healthh

Last week, the U.S. House of Representatives approved a bill that would require health insurers that provide mental health coverage to extend that coverage to all types of mental illness and  substance-related disorders. A competing bill passed by the Senate in September and now making its way through the House would give insurers more leeway in choosing which conditions to cover. Neither bill mandates mental health coverage. Some mental health advocates oppose a federal law, contending that, if enacted, the federal law might preempt stricter state actions. In California, for example, health insurance plans are required to cover major mental illnesses, including schizophrenia, bipolar disorder, major depression, eating disorders, and serious emotional disturbances in children and adolescents. "If you are a family in California with a member, a son or daughter with mental health issues, you could end up with nothing," said Andrew Sperling, of the National Alliance on Mental Illness. California is one of more than 25 states that mandate mental health coverage. Mental health parity laws have been introduced in Congress for many years, but routinely stalled in the House.

[Editor's note: To read text of HR 1424, the Paul Wellstone Mental Health and Addiction Equity Act of 2008, visit http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h1424pcs.txt.pdf. To read the text of The Mental Health Parity Act of 2007, S 558, visit http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s558rfh.txt.pdf.]

_____________________________4_____________________________

"Senate votes for safer products"

Washington Post     (03/07/08)     Annys Shin

http://www.washingtonpost.com/wp-dyn/content/article/2008/03/06/AR2008030604081.html?
nav=hcmodule

Last week the U.S. Senate voted 79 to 13 in favor of a bill that is touted as providing the most extensive changes to the nation's product safety system in a generation. A similar measure in response to recalls of millions of lead-tainted toys last year was passed by the U.S. House in December. "It wasn't until some of these recalls began to happen relating to standards that had been in place for many years that we realized the system needed to be strengthened," said Toy Industry Association President Carter Keithley. Both versions of the Consumer Product Safety Modernization Act would provide major changes for the Consumer Product Safety Commission (CPSC), which had a budget of $63 million and less than 400 employees in fiscal 2007 -- fewer than half the number of workers it had in 1980. The Senate would increase CPSC's budget to $106 million by 2011 and raise the maximum amount of money CPSC can fine companies to $20 million for failing to report product hazards immediately; the House would increase the budget to $100 million and raise the fine cap to $10 million. Currently, CPSC caps fines at $1.8 million. Both bills also provide funds to upgrade CPSC's antiquated testing facilities, effectively ban lead in all children's products, and require toys to be tested at independent laboratories. Lawmakers must now resolve differences between the bills, including which federal safety laws state attorneys general could enforce, whether to grant whistle-blower protection to corporate employees, and which information to include in a public database of product-safety incidents.

[Editor's note: To read the Senate bill (S. 2663), see http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s2663pcs.txt.pdf, and for the House version (H.R. 4040), see http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h4040eh.txt.pdf.]

_____________________________5_____________________________

"States weighing lower age to drink"

Chicago Tribune     (03/09/08)     Kirsten Scharnberg

http://www.chicagotribune.com/news/nationworld/chi-teen-drinking_bdmar09,1,1752631.story?
track=rsss

Several states have recently explored proposals that would allow Americans as young as 18 years to consume alcohol legally, prompting staunch opposition. "If you lower the drinking age, people are going to die," said Jeffrey Levy, a board member of Mothers Against Drunk Driving. Congress enacted the National Minimum Drinking Age Act in 1984, requiring states to either have a minimum drinking age of 21 years or lose about 10 percent of federal highway funds. Yet one reason states such as Vermont, South Dakota, Missouri, South Carolina, and Wisconsin are re-examining the minimum drinking age is because binge drinking among college students has reached epidemic proportions. Current law says "that until you are 21 you lack the judgment and maturity to drink. Yet ... you can vote...sit on a jury...get married...put your life on the line in combat," said John McCardell, who runs a non-profit group advocating a lower drinking age. The National Highway Traffic Safety Administration estimates that raising the drinking age to 21 reduced traffic fatalities involving 18- to 20-year-olds by 13 percent and has saved some 20,000 lives since 1975. But Vermont State Senator Hinda Miller said that 19 percent of teens ages 12 to 20 years are binge drinkers, indicating that "something isn't working" with the current system. Also, a lower drinking age, Miller said, would not necessarily result in more highway deaths because of decades-long public awareness campaigns about the risks of drunken driving. 

_____________________________6_____________________________

"Some small time farmers are worried new chicken regs ignore 'the little guy'"

Kamloops Daily News     (05/06/08)     Jody Spark

http://www.kamloopsnews.ca/index.shtml

It became illegal last October to sell chicken, beef, pork and sheep in British Columbia unless they have been inspected and processed in licensed facilities. The regulations were promulgated in part to maintain consumer confidence in the wake of avian influenza, bovine spongiform encephalopathy, and E. coli infections associated with some of these products. Though the goal is to ensure that food is safe for the consumer, the new regulations have had the immediate effect of decreasing the amount of poultry that some small-scale chicken farms can afford to produce. So far there are no licensed slaughterhouses in the Interior region of the province that will process the limited volume of chickens that smaller chicken farmers can deliver. "We're really caught between a rock and a hard place. We cut out chicken production 90 per cent this year," said small-scale farmer Andrea Gunner, who said she was forced to cut production due to the new regulations. Some consumers are upset, claiming that the supply of locally produced poultry will decline as a result of the regulations. "This is just an easy way to justify making our society dependent on mass-produced food," said Diane James, a consumer of local meat and produce. More licensed plants that service smaller chicken farms will come on board within two years, predicted David Charnuck, a meat liaison officer for the Interior Health Authority. "B.C. is the last province to do this. ...This year is going to be very challenging for people," Charnuck said.

_____________________________7______________________________

"Three in 10 dentists missed 2007 target to better control mercury"

Canadian Press     (03/09/08)     Michael Oliveira

http://canadianpress.google.com/article/ALeqM5jVWufN8Rs2eQbeQDHlctPG4Kxd1w

Thirty percent of Canada's dentists have failed to reach a 2007 target for limiting mercury used in dental fillings. The target was set in 2000 and 2001 by a set of voluntary nation-wide standards endorsed by the Canadian Council of Ministers of the Environment. The standards also limit mercury emissions from base-metal smelters, coal-fired power plants, waste incinerators, and mercury-containing lamps. As much as 1,046 kilograms of mercury are estimated to have been released into the environment by dentists in 2003; that amount dropped 57 percent, to 452 kilograms in 2007. The voluntary agreement relies heavily on the use of "amalgam traps" or separators, which filter mercury from waste generated by the removal of old fillings or shaping/polishing of new fillings. Only 16 kilograms of mercury would have been released into the environment in 2003 if all dentists had used separators, according to a study by Environment Canada. But dentists say they are making progress decreasing mercury emissions, although they cannot stop using the substance. Banning mercury fillings and switching to ceramic or gold fillings would make dental care too expensive for many Canadians, and negatively impact public health, said Benoit Soucy, of the Canadian Dental Association. "Changing to those two types of materials is definitely an economic problem. Getting materials that respond well in that environment [the mouth] is extremely difficult. There is no better alternative, definitely," he said. (A third alternative, composite resin, contains bisphenol A, a chemical currently being studied by Health Canada for possible health risks.)

[Editor's note: To read the text of the Canada-Wide Standard on Mercury for Dental Amalgam Waste, agreed to by the Canadian Council of Ministers of the Environment, visit http://www.ccme.ca/assets/pdf/cws_merc_amalgam_e.pdf. To read the initial set of actions agreed to under the standard, visit http://www.ccme.ca/assets/pdf/initact_mercamalgam_e.pdf.]

_____________________BRIEFLY NOTED______________________

Arizona: Police find new ban "unenforceable"

"Few Phoenix drivers cited under text-messaging ban"

Arizona Republic     (03/05/08)     Scott Wong

http://www.azcentral.com/arizonarepublic/local/articles/0305text-message0305.html

California: Groups sue for cleanup of runoff flowing to ocean

"L.A. County, Malibu accused of violating clean-water rules"

Los Angeles Times     (03/04/08)     Kenneth R. Weiss

http://www.latimes.com/news/local/la-me-drain4mar04,1,2786963.story

California: Decision wipes out most of award to field workers left sterile

"L.A. judge reduces Dole's damages in pesticide case"

Los Angeles Times     (03/11/08)     John Spano

http://www.latimes.com/news/local/valley/la-me-dole11mar11,1,816468.story

California: New regs will ban fires on bad air days

"Southland air district limits fireplace use"

Los Angeles Times     (03/08/08)     Janet Wilson

http://www.latimes.com/news/local/la-me-fireplace8mar08,1,1608632.story

Idaho: New grass burning rules protect public health

"Otter signs bill to allow revamped N. Idaho field burning"

Associated Press     (03/08/08)

http://www.tri-cityherald.com/1154/story/111676.html

Illinois: House rejects bill to repeal Communicable Disease Prevention Act

"Repeal of act requiring students to report their HIV status defeated"

Springfield Journal-Register     (03/05/08)     Meagan Sexton

http://www.sj-r.com/News/stories/26373.asp

New York: Commission issues guidelines on reproductive care for county jails

"New health rules for female inmates"

Times Union     (03/04/08)     Irene Jay Liu

http://timesunion.com/AspStories/story.asp?newsdate=3/4/2008&navigation=nextprior&category=
STATE&storyID=668919

Pennsylvania: Chemicals in stimulant common in Mideast are illegal in U.S.

"Jail term for khat believed first in state"

Associated Press     (03/08/08)     Michael Rubinkam

http://www.mcall.com/news/nationworld/state/all-a8_sentencing.6304816mar08,0,2344515.story

South Carolina: Jail offers financial compensation, changes policies for MRSA infection

"Suit over drug-resistant infection in jail settled"

Greenville News     (03/06/08)     Eric Connor

http://greenvilleonline.com/apps/pbcs.dll/article?AID=/20080306/YOURUPSTATEHEALTH/803060321
/1013/NEWS05

Virginia: Package of bills goes to governor next

"Effects of new mental health laws may be limited, some say"

Washington Post     (03/06/08)     Chris L. Jenkins

http://www.washingtonpost.com/wp-dyn/content/article/2008/03/05/AR2008030503166.html

National: Critics cite mixed messages over risk from downer cows

"Disparate federal rules in spotlight"

Washington Post     (03/09/08)     Christopher Lee

http://www.washingtonpost.com/wp-dyn/content/article/2008/03/08/AR2008030802363_pf.html

National: Eagle writers review secondhand smoke studies

"Studies don't always agree on bans' effects"

Wichita Eagle     (03/09/08)

http://www.kansas.com/news/story/335973.html

Canada: Federal prisons to go totally smoke-free at end of April

"Canada's prisons to go smoke free by end of April"

Kingston Whig-Standard     (03/04/08)     Ian Elliot

http://www.saultstar.com/ArticleDisplay.aspx?e=928368

China: Population official says planning policy would stay for at least next decade

"China sticking with one-child policy"

New York Times     (03/11/08)     Jim Yardley

http://www.nytimes.com/2008/03/11/world/asia/11china.html?ref=asia

Philippines: Author chronicles baby formula battle

"The Philippine breastfeeding struggle continues"

Lancet     (03/08/08)     Rene R. Raya

http://www.thelancet.com/journals/lancet/full?issue_key=S0140-6736(08)X6011-8 (subscription required)

South Korea: Human Rights Commission supports challenge of deportation order

"Deporting HIV-infected foreigner could violate human rights: panel"

Korea Herald     (03/04/08)     Song Sang-ho

http://www.koreaherald.co.kr/ (subscription required)

Vietnam: Agriculture Ministry bans hamsters citing disease concerns

"Vietnam cracks down on hamster craze"

Agence France Presse     (03/07/08)

http://afp.google.com/article/ALeqM5gRCEOTlChAJq1TBQmSwNLX8ZVgQw

__________PHL NEWS QUOTATION OF THE WEEK___________

"Tobacco may be a legal substance on the street, but so is drinking alcohol, and we don't sell alcohol in our canteens. "

-- Jason Godin, President of the Union of Canadian Correctional Officers, on a policy banning all smoking in federal prisons beginning in April. [See Briefly Noted item, above.]

__________________LAW BEHIND THE NEWS___________________

New Mexico Gov. Bill Richardson recently signed the New Mexico Uniform Emergency Volunteer Health Practitioners Act into law. The law, which will enable the state to coordinate volunteer health practitioners for use in a declared emergency, will take effect on July 1, 2008.

The new law applies to practitioners who provide health or veterinary services in New Mexico during the time of an emergency declaration. While such a declaration is in effect,

the homeland security and emergency management department may limit, restrict or otherwise regulate:

(1) the duration of practice by volunteer health practitioners;

(2) the geographical areas in which volunteer health practitioners may practice;

(3) the types of volunteer health practitioners who may practice; and

(4) any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.

The act also establishes the requirements pertaining to a volunteer health practitioner registration system, and allows for the recognition of volunteer health practitioners licensed in other states. Section 8 of the new law addresses limits on the scope of the volunteer's practice and the issue of responder liability.

To read the full text of the New Mexico Uniform Emergency Volunteer Health Practitioners Act, HB 348, visit http://legis.state.nm.us/Sessions/08%20Regular/final/HB0348.pdf.

___________FEBRUARY QUIZ WINNER___________

Dr. Gregory O'Keefe is this month's quiz winner!

Dr. O'Keefe is Public Health Director in Herkimer County, New York. He started his career as a physician with the National Health Service Corps, working for 20 years on a remote island in Maine. About 14 years ago, he moved to Herkimer County and has been working in public health for five years.

Congratulations, Dr. O'Keefe!

­­­­­­­­­­­­­­­­_______ QUIZ ANSWERS: FEBRUARY 2008_______

The February Quiz covered the following issues: February 6, 13, 20, and 27. Check your answers below.

1. Paint manufacturers in Rhode Island asked the state supreme court to overturn a jury verdict that found them liable for creating a public nuisance with their lead-based paints.

2. In 2007, Iowa, Minnesota, New Jersey, and Oregon passed cyberbullying laws.

3. A state senator in Washington recently introduced a bill that would require convicted drunk drivers to place fluorescent-yellow license plates on their cars for one year. True.

4. The U.S. Supreme Court held that federal law preempts Maine's regulations for online sales of tobacco products.

___________________________________________________________

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.