Wednesday, September 17, 2008
From the Public Health Law Program, Office of the Chief of Public
Health Practice, CDC
http://www2a.cdc.gov/phlp/
![](https://webarchive.library.unt.edu/eot2008/20090111025505im_/http://www2a.cdc.gov/phlp/images/rssicon.jpg)
_______________________________________________________________
Announcements
*** Pandemic Flu Storybook. CDC has
released the "Pandemic Influenza Storybook," containing narratives
from survivors, families, and friends about the 1918 Spanish Flu
pandemic.
Visit
http://www.pandemicflu.gov/storybook/index.html.
*** C. difficile Series. The
Hamilton Spectator has published a five-part series on C. difficile,
a hospital-acquired infection plaguing Canadian hospitals. The first
article of the series, "A Killer in Ontario's Hospitals," is available
at http://www.thespec.com/Discover/article/434636.
*** Continuity of Court Operations Planning
Guide Course. The National Center for State Courts has released
an online course intended to augment and reinforce information provided
in the COOP Planning Guide. For more information, visit
http://www.ncsconline.org/D_Research/coop/index.html.
*** Smoking Prevalence Report. The
Wyoming Survey and Analysis Center has published a report entitled
"Relationship Between Cigarette Taxes, Environmental Policy, and
Smoking Prevalence," available at
http://www.uwyo.edu/wysac/HealthEducation/Tobacco/docs/Smokefree
Policies Cigarette Tax Increases and Prevalence CHES 819 9 05 08.pdf.
*** Health and the Earth Symposium (9/25).
The National Academies' Policy and Global Affairs Division will
present "Global Connections between Earth Sciences, Health, and
Policy: A Symposium" on September 25, 2008 in Washington D.C. For
more information, visit
http://www8.nationalacademies.org/publicmeeting/meetingview.aspx?meetingid=252.
*** PlanFirst Webcast (9/25). The
U.S. Department of Health and Human Services will hold a Webcast
on September 25 at 2:00 p.m. ET on individual preparedness. The
program will teach citizens about steps they can take to plan for
a pandemic. For more information, visit
http://www.pandemicflu.gov/news/panflu_webinar.html.
*** HIPAA Fundamentals Teleconference
(9/25). The American Bar Association Section of Health Law,
Young Lawyers Division will hold a teleconference entitled "HIPAA
Fundamentals," on September 25, 2008 from 12:00-1:30 p.m. ET. For
more information, visit
http://www.abanet.org/cle/programs/t08hpf1.html.
*** HIPAA Enforcement Teleconference (10/2).
An American Bar Association Health Law Section teleconference, "HIPAA
Enforcement: Privacy and Security Update -- Investigations, Resolutions,
Penalties and Dispositions" will be held October 2, 2008 from 12:00-1:30
p.m. ET. For more information, visit
http://www.abanet.org/cle/programs/t08hep1.html.
*** Women's Law Fellowship Programs Call
for Applications (9/26 and 10/31). Georgetown University Law
Center is accepting applications for the Women's Law and Public
Policy Fellowship Program and the Leadership and Advocacy for Women
in Africa Fellowship Program. The deadline for the first program
is October 31; the latter's deadline is September 26. For more information
visit http://www.law.georgetown.edu/wlppfp,
or contact Executive Director Julia L. Ernst, at 202.662.9644.
Top Story
1. Getting ahead of the
next big storm
National
2. 2 withdraw from petition
to rethink drinking age
3. Jump in U.S. measles
cases linked to vaccine fears
4. Tighter lead rule for
kids' items
Briefly Noted
California gang injunction
· Calorie bill opposition · Artificial turf suits · Drugstore tobacco
sales challenge · Gulf Coast pets · Louisiana storm survivors' tales
· Missouri tobacco suit · New York open-container law challenge
· Indoor air contamination law · Pennsylvania hospital mistakes
· Texas curfew · Pool inspections · Washington popcorn lung suit
· National lawn equipment emissions standards · Food irradiation
rule · Australia hepatitis B action · Canada Listeria outbreak
· C. difficile suit · Iraq cholera arrests · Ireland handheld
phones · United Kingdom global warming suit · Asbestos ship legal
action · Under-21 alcohol ban · Unsafe cemetery flowers
Journal Articles
Adolescent smoking · Student
seatbelt use · Reproductive, sexual health · Illegal alcohol stadium
sales · Opt-out HIV testing · IHR foodborne outbreak reporting ·
Tobacco regulation · Japan rabies control · Uganda traffic enforcement
· Developing countries pandemic preparedness
Court Opinions
California sexual orientation
discrimination and physicians · Kentucky Good Samaritan statute
and EMTs · Maryland Motor Vehicle Administration tort claim · Michigan
nursing home accident reporting · New York U.S. Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act provision · Washington indoor
smoking ban · Federal Clean Air Interstate Rule · Cigarette retailers
RICO suit · Air quality plan
Quotation of the Week
Stephen L. Johnson, EPA
Administrator
_____________________________1_____________________________
"Getting ahead of the next big storm"
Christian Science Monitor (09/08/08)
Patrik Jonsson
http://www.csmonitor.com/2008/0908/p01s02-usgn.html
In the face of destruction wreaked by three
devastating storm systems -- Gustav, Hanna, and Ike -- the Federal
Emergency Management Agency (FEMA) had the opportunity to test its
new proactive response philosophy. "Dynamic regrouping" uses clearly
demarked lines of communication to move resources along the storm
paths so they will be ready when they are most needed. Under the
new response structure, FEMA's planning team consists of one team
concentrating on recovery operations, and another working to anticipate
needs ahead of a storm's landfall. The response effort entails collaboration
between the military, civilian emergency professionals, and volunteers.
The new philosophy places increased emphasis on volunteer capabilities,
giving emergency officials a better sense than during previous disasters
of who the volunteers are and what they are trained to do. This
time, however, the nation has been forced to contend with recovery
efforts in many different geographic areas simultaneously. "When
you have back-to-back storms of national significance, the question
is whether resources currently engaged in the first disaster are
going to be freed up in time for the second one," said Craig Fugate,
director of the Florida Division of Emergency Management in Tallahassee.
_____________________________2_____________________________
"2 withdraw from petition to rethink drinking
age"
New York Times (08/22/08) Shaila
Dewan
http://www.nytimes.com/2008/08/22/us/22drinking.html?partner=rssnyt
Over 100 college presidents are under attack
from Mothers Against Drunk Driving, safety experts, and transportation
officials for their support of a petition to reconsider the legal
drinking age. According to the petition, signed by 123 college presidents,
"[t]wenty-one is not working." The petition argues that raising
the legal drinking age to 21 has forced students to hide their drinking,
making it more difficult for colleges to fight binge drinking and
alcohol poisoning. "I think there's a direct connection between
this law and this pattern of secret, fast consumption of high-octane
alcohol. It's much more dangerous than the traditional great big,
loud keg party because it happens quietly, out of view," said Kenyon
College president S. Georgia Nugent, who signed the petition. But
critics say scientific data support the success of the 20 year-old
law. "Why would you take the one thing that has been tried in the
last 30 years that has been shown to be most successful and throw
that out the window and say, 'I have a better idea?'" asked epidemiologist
Alexander C. Wagenaar, of the College of Medicine at the University
of Florida. According to some experts, little evidence supports
the contention that binge drinking became more widespread since
the drinking age was raised to 21.
[Editor's note: To learn more about the age
21 minimum legal drinking age from CDC, visit
http://www.cdc.gov/alcohol/quickstats/mlda.htm.
To read more about the efforts of the Amethyst Initiative, the group
responsible for the petition, visit
http://www.amethystinitiative.org/.
To learn more about the Governors Highway Safety Association's position
on lowering the minimum drinking age, visit
http://www.ghsa.org/html/media/pressreleases/2008/2008.08.19.21.html.]
_____________________________3_____________________________
"Jump in U.S. measles cases linked to vaccine
fears"
Associated Press (08/21/08) Mike
Stobbe
http://ap.google.com/article/ALeqM5gepLZM_xC1uU_O0mMzBMiqpMFWngD92MSIT80
According to health officials, measles cases
in the United States are at their highest level in more than a decade,
and nearly half of those cases involve children whose parents refused
to consent to vaccination. Scientists with CDC's Division of Viral
Diseases say a typical year sees only one outbreak, with infections
of only 10 to 20 people. Through July 30 of this year, the U.S.
has had seven outbreaks, including one with 30 cases. In all, 131
people have been diagnosed with measles, and 15 were hospitalized.
In 63 cases, the patient or the patient's parents refused to allow
the vaccinations for philosophical or religious reasons; a number
of the cases involved home-schooled children who are not required
by school entry laws to be vaccinated. The number of outbreaks suggests
that pockets of unvaccinated children are forming. Pediatricians
are worried about the trend, and say they are having to spend more
time convincing parents that the vaccines are safe.
[Editor's note: To learn more about the measles
vaccine from the American Academy of Pediatrics, visit
http://www.aap.org/advocacy/releases/sept08mmr.htm.]
_____________________________4_____________________________
"Tighter lead rule for kids' items"
Washington Post (09/15/08) Annys
Shin
http://www.washingtonpost.com/wp-dyn/content/article/2008/09/14/AR2008091402045.html
The Consumer Protect Safety Commission (CPSC)
has released a legal opinion on new lead standards enacted August
14, representing the agency's official guidance to businesses. The
opinion, written by CPSC General Counsel Cheryl Falvey, allows companies
to sell their existing inventory of those children's products which
will be banned when the law goes into effect in February. The new
law requires products intended for children up to age 12 to contain
no more than 600 parts per million (ppm) total lead content. In
August 2009, the limit will drop to 300 ppm and then to 100 ppm
three years later. The guidance is intended to help manufacturers
decide what to do with existing inventory, and clarifies for consumers
which toys will be safe in February. In sum, "[t]his holiday season
is 'buyer beware,'" said Ed Mierzwinski, of the Washington-based
advocacy group U.S. PIRG. The new law also increases funding and
authority for CPSC, and bans certain types of phthalates, chemicals
used in plastics.
[Editor's note: To read the CPSC guidance
document on the retroactive application of the Consumer Product
Safety Improvement Act of 2008 to inventory, visit
http://www.cpsc.gov/library/foia/advisory/317.pdf.]
_____________________BRIEFLY
NOTED______________________
California: Injunction against gang establishes
"safety zone"
"Cathedral City: Injunction has brought improvements"
Desert Sun (08/23/08) Stefanie Frith
http://www.mydesert.com/apps/pbcs.dll/article?AID=/20080823/NEWS08/808230327/1143/RSS27
California: Calorie bill chance for passage
improves without Restaurant Association opposition
"Restaurant group drops opposition to posting
calorie info"
Sacramento Bee (08/28/08) Aurelio
Rojas
http://www.sacbee.com/111/story/1191844.html
California: Attorney General, enviro group
sue six artificial-turf companies
"Suits filed over lead in artificial turf"
San Francisco Chronicle (09/03/08)
Jane Kay
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/03/BAK012MTOM.DTL&type=newsbayarea
California: Pharmacy seeks injunction against
nation's first ban on drugstore tobacco sales
"Walgreens seeks to stop S.F. tobacco ban"
San Francisco Chronicle (09/09/08)
Heather Knight
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/09/BA2712Q9IG.DTL&hw=walgreens
&sn=005&sc=119
Gulf Coast: Rescuers report most pets evacuated
with owners, thousands more placed in shelters
"Gulf Coast pets largely survive the storm"
USA Today (09/01/08) Sharon L. Peters
http://www.usatoday.com/news/nation/2008-09-01-gustav-pets_N.htm
Louisiana: Emergency officials listen to
storm survivors for future planning
"Gustav holdouts' tales give evacuees pause"
Christian Science Monitor (09/04/08)
Patrik Jonsson
http://www.csmonitor.com/2008/0904/p01s01-usgn.html
Missouri: Oldest suit in Circuit Court expected
to set precedent for hospital claims
"Hospitals' suit against tobacco industry
is large in every dimension"
St. Louis Post-Dispatch (09/15/08)
Heather Ratcliffe
http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/31C3B17191FEFDF186
2574C500063A90?OpenDocument
New York: Brooklyn man challenges city's
open-container law's definition of "public place"
"Fighting for the right to drink beer on
his stoop"
New York Times (09/08/08) Manny Fernandez
http://www.nytimes.com/2008/09/08/nyregion/08stoop.html?ref=nyregion
New York: Measure requires landlords to warn
tenants about known indoor air contamination
"New law adds health protection for renters"
Press and Sun-Bulletin (09/06/08)
Eric Reinagel
http://www.pressconnects.com/apps/pbcs.dll/article?AID=/20080906/NEWS01/809060345/1001
Pennsylvania: Despite laws aimed at reducing
errors, compliance is spotty, experts say
"Hospitals' mistakes are going unreported"
Philadelphia Inquirer (09/12/08)
Josh Goldstein
http://www.philly.com/inquirer/home_top_stories/20080912_Hospitals__mistakes_are_
going_unreported.html
Texas: Curfew set to protect public safety
"Ike damage prompts weeklong curfew in Houston"
CNN (09/14/08)
http://www.cnn.com/2008/US/weather/09/14/houston.aftermath/index.html
Texas: Cryptosporidium outbreak raises
concerns about pool safety
"Lack of Dallas pool inspections is making
waves"
Dallas Morning News (08/23/08) Jessica
Sidman and Ryan McNeill
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/082308dnmetdallas
pools.43e2826.html
Washington: Second consumer diagnosed with
bronchiolitis obliterans files lawsuit
"Spokane man's suit claims popcorn led to
lung disease"
Seattle Post-Intelligencer (09/05/08)
Andrew Schneider
http://seattlepi.nwsource.com/local/377905_diacetyl05.html?source=mypi
National: EPA sets new limits for lawn equipment,
boat motors
"Emissions standards tightened"
Washington Post (09/05/08) Juliet
Eilperin
http://www.washingtonpost.com/wp-dyn/content/article/2008/09/04/AR2008090403373.html
National: Rule change to reduce harmful bacteria
comes after Grocery Manufactures petition
"FDA will allow food companies to irradiate
spinach, lettuce"
Wall Street Journal (08/22/08) Jane
Zhang and Lauren Etter
http://online.wsj.com/article/SB121933198945960489.html (subscription
required)
Australia: State drops action against couple
refusing to immunize newborn against hepatitis B
"DOCS drops pursuit of anti-vaccine couple"
ABC Premium News (08/26/08)
http://www.abc.net.au/news/stories/2008/08/26/2346763.htm
Canada: Food inspection system defended after
Listeria outbreak kills six
"Food inspectors backed"
Canwest News Service (08/27/08) Linda
Nguyen
http://www.canada.com/windsorstar/news/story.html?id=e96ed61a-1d16-4373-9e23-a37f7dbdc941
Canada: U.S. bankruptcy court sets Oct. 31
deadline for asbestos claims
"Little relief in Canadian asbestos settlement"
Seattle Post-Intelligencer (09/10/08)
Andrew Schneider
http://seattlepi.nwsource.com/local/378471_grace10.html
Canada: Claimants seek to send strong message
on hospital-acquired infections
"Relatives of C. difficile patients
launch $10-million class-action lawsuit"
Montreal Gazette (08/28/08) Aaron
Derfel
http://www.canada.com/montrealgazette/news/story.html?id=b6e74b8f-fee7-4fd1-ac75-fda3fa026122
Iraq: Orders issued to arrest municipal directors
for failure to take steps to prevent outbreak
"Cholera outbreak spreads in Iraq, with 2
dead"
Associated Press (09/10/08) Hamid
Ahmed
http://www.iht.com/articles/ap/2008/09/10/africa/ME-Iraq-Cholera.php
Ireland: Two year-old Road Traffic Act set
penalties for driving with handheld cell phones
"Over 46,000 motorists a day still use mobiles"
Evening Herald (08/29/08)
http://www.herald.ie/national-news/over-46000-motorists-------a-day-still-use-mobiles-1465622.html
United Kingdom: Jury clears activists using
defense of "lawful excuse"
"Cleared: Jury decides that threat of global
warming justifies breaking the law"
Independent (09/11/08) Michael McCarthy
http://www.independent.co.uk/environment/climate-change/cleared-jury-decides-that-threat-of-
global-warming-justifies-breaking-the-law-925561.html
United Kingdom: Health and Safety Executive
to face action for import of asbestos-laden vessel
"Legal action taken over French ship"
Northern Echo (09/04/08) Stuart Arnold
http://www.thenorthernecho.co.uk/news/newsediting/3644849.Legal_action_taken_over_French_ship/
United Kingdom: Pilot ban on sales of alcohol
to under-21s brings dramatic fall in crime
"Under-21 alcohol ban 'cuts crime'"
Kilmarnock Standard (09/08/08)
http://www.kilmarnockstandard.co.uk/ayrshire-news/scottish-news/2008/09/08/under-21-alcohol
-ban-cuts-crime-81430-21703490/
United Kingdom: Churchyard Regulations set
by Diocese said to protect health and safety
"Widow told to remove 'unsafe flowers'"
Western Morning News (09/06/08)
http://www.thisisdevon.co.uk/news/Church-tells-widow-remove-flowers-husband-s-grave-breach-safety
-rules/article-310969-detail/article.html
___________________JOURNAL
ARTICLES____________________
"Household smoking bans and adolescent antismoking
attitudes and smoking initiation"
American Journal of Public Health
(10/08) Alison B. Albers and others
http://www.ajph.org/cgi/content/abstract/AJPH.2007.129320v1
(subscription required)
"Driver and passenger seatbelt use among
U.S. high school students"
American Journal of Preventive Medicine
(09/08) Nathaniel C. Briggs and others
http://www.ajpm-online.net/article/PIIS0749379708005217/fulltext
(subscription required)
"HIV/AIDS, reproductive and sexual health,
and the law"
American Journal of Public Health
(10/08) Lance Gable and others
http://www.ajph.org/cgi/content/abstract/98/10/1779
(subscription required)
"Likelihood of illegal alcohol sales at professional
sports stadiums"
Alcoholism: Clinical and Experimental
Research (08/18/08) Traci Toomey and others
http://www3.interscience.wiley.com/journal/121381882/abstract
(subscription required)
"Opt-out testing for Human Immunodeficiency
Virus in the United States: Progress and..."
JAMA (08/27/08) John G. Bartlett
and others
http://jama.ama-assn.org/cgi/content/abstract/300/8/945 (subscription
required)
"Obligations to report outbreaks of foodborne
disease under International Health Regulations"
Emerging Infectious Diseases (09/08)
Martyn Kirk and others
http://www.cdc.gov/eid/content/14/9/pdfs/08-0468.pdf
"A Canadian's perspective: limits of tobacco
regulation"
William Mitchell Law Review (05/19/08)
David Sweanor
http://tobaccolawcenter.org/documents/symposium-sweanor.pdf
"Regulatory systems for prevention and control
of rabies, Japan"
Emerging Infectious Diseases (09/08)
Hiromi Takahashi-Omoe and others
http://www.cdc.gov/eid/content/14/9/pdfs/07-0845.pdf
"Cost-effectiveness of traffic enforcement:
case study from Uganda"
Injury Prevention (08/01/08)
D. Bishai and others
http://injuryprevention.bmj.com/cgi/content/abstract/14/4/223
(subscription required)
"Major issues and challenges of influenza
pandemic preparedness in developing countries"
Emerging Infectious Diseases (06/08)
Hitoshi Oshitani and others
http://www.cdc.gov/eid/content/14/6/875.htm
___________________COURT
OPINIONS____________________
California: Law barring discrimination based
on sexual orientation applies to doctors
North Coast Women's Care Medical Group
v. S.C. (Benitez)
Supreme Court of California
No. S142892
Filed August 18, 2008
Opinion by Judge Joyce L. Kennard
http://www.courtinfo.ca.gov/opinions/documents/S142892.PDF
Kentucky: Application of Good Samaritan statute
where EMTs had preexisting duty reversed
Cook v. Taylor
Court of Appeals of Kentucky
No. 2007-CA-000122-MR and No. 2007-CA-000221-MR
Decided August 22, 2008
Opinion by James H. Lambert
http://162.114.92.72/COA/2007-CA-000122.pdf#xml=http://162.114.92.72/dtsearch.asp?cmd
=pdfhits&DocId=18778&Index=D:\Inetpub\wwwroot\indices\Court_of_Appeals_Index&
HitCount=9&hits=1e+22+2b+2f+76+82+86+c4+3f4+&hc=1702&req=cook
Maryland: Motor Vehicle Administration has
no duty in tort to family killed by epileptic driver
Pulliam v. Motor Vehicle Administration
Court of Special Appeals of Maryland
No. 1987, September Term 2006
Filed September 4, 2008
Opinion by Raymond G. Thieme Jr.
http://mdcourts.gov/opinions/cosa/2008/1987s06.pdf
Michigan: Nursing home not required to report
accident under state abuse/neglect reporting law
People of the State of Michigan v. Edenstrom
Court of Appeals of Michigan
No. 277291
Decided August 5, 2008
Opinion by Judge Mark J. Cavanagh
Majority Opinion:
http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/
COA/20080805_C277291_36_277291.OPN.PDF
Opinion Partial Concurrence/Dissent:
http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/
COA/20080805_C277291_37_277291P.OPN.PDF
New York: Preliminary injunction granted
against enforcement of Leadership Act provision
Alliance for Open Society International
v. U.S. Agency for International Development
U.S. District Court for the Southern District
of New York
No. 05 Civ. 8209
Decided August 7, 2008
Opinion by U.S. District Judge Victor Marrero
http://www.brennancenter.org/page/-/d/download_file_36365.pdf
Washington: Smoking in Public Places Act
constitutional as applied to American Legion Post
American Legion Post #149 v. Washington
State Department of Health
Supreme Court of Washington
No. 79839-7
Filed September 11, 2008
Opinion by Mary E. Fairhurst
Majority Opinion:
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename
=798397MAJ
Concurrence:
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename
=798397Co1
Dissent:
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=798397Di1
Dissent:
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=798397Di2
Dissent:
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=798397Di3
Federal: Clean Air Interstate Rule vacated,
remanded to EPA
State of North Carolina v. Environmental
Protection Agency
U.S. Court of Appeals for the District of
Columbia Circuit
No. 05-1244
Decided July 11, 2008
Opinion Per Curiam
http://pacer.cadc.uscourts.gov/docs/common/opinions/200807/05-1244-1127017.pdf
Federal: RICO suit against out-of-state cigarette
retailers failing to report purchases can proceed
City of New York v. Smokes-Spirits.com
U.S. Court of Appeals for the Second Circuit
No. 06-1665-cv(L)
Decided September 2, 2008
Opinion by Circuit Judge Chester J. Straub
http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTE2NjUtY3Zfb3BuLnBkZg
==/06-1665-cv_opn.pdf#xml=http://www.ca2.uscourts.gov:8080/isysquery/irldc4e/15/hilite
Federal: Court lacks jurisdiction to order
relief in challenge of state's air quality plan
El Comite Para el Bienestar de Earlimart
v. Heliker
U.S. Court of Appeals for the Ninth Circuit
No. 006-16000, No. 06-16131
Filed August 20, 2008
Opinion by Circuit Judge M. Margaret McKeown
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D611D3722EA4664C882574AB00021580/$file/
0616000.pdf?openelement
__________PHL
NEWS QUOTATION OF THE WEEK___________
"EPA's new small engine standards will allow
Americans to cut air pollution as well as grass."
-- Stephen L. Johnson, EPA Administrator,
on new standards that will tighten emissions of new gasoline-powered
lawn mowers, weed trimmers, and boat engines. [See Briefly Noted
item, above.]
___________________________________________________________
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