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

*** Motor Carrier Safety Report. The U.S. Government Accountability Office has released the results of an investigation into commercial drivers’ use of illegal drugs. The report, Motor Carrier Safety: Improvements to Drug Testing Programs Could Better Identify Illegal Drug Users and Keep Them Off the Road, is available at http://www.gao.gov/new.items/d08600.pdf.

*** Public Health Grand Rounds Reminder (5/29). Public Health Grand Rounds will host the satellite broadcast and Webcast, “Standards, Accreditation, and Improvement -- Raising the Bar of Public Health Performance,” from 2:00 to 3:00 p.m. ET, on May 29, 2008. More information is available at http://www.publichealthgrandrounds.unc.edu/performance2/index.htm.

*** Vehicle Safety Hearing (6/4). The U.S. Senate Committee on Commerce, Science, and Transportation will hold a hearing on the National Highway Traffic Safety Administration’s vehicle roof strength standard on June 4, 2008, 10:00 a.m. ET, in Senate Room 253. Details are available at http://commerce.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=50f68
af1-c5f8-4494-907a-4af5d734a78d.

*** Pandemic Influenza Webcast (6/4). The U.S. Department of Health and Human Services will host a live, online discussion for state pandemic influenza planners on June 4, 2008, at 2:00 p.m. ET. To watch the Webcast, visit http://www.pandemicflu.gov/news/panflu_webinar.html.

*** Environment and Public Health Course (6/9-7/25). From June 9 to July 25, 2008, the Rutgers University Office of Continuing Professional Education will offer Environment and Public Health, a 7-week course including components on law and bioterrorism planning. More information is available at http://www.cpe.rutgers.edu/courses/current/ep0501ca.html#eph_full.

*** Infection Control Conference (6/15-6/19). The Association for Professionals in Infection Control and Epidemiology will hold its annual conference in Denver, Colorado, June 15-19, 2008. Visit http://conference.apic.org/AM/Template.cfm?Section=General_Information for details.

Top Story

1. Gulf Coast: Safety lapses raised risks in trailers for Katrina victims

States and Localities

2. Florida: New Florida law allows low-cost health policies

3. Ohio: EPA tests plans to protect water from terrorists

4. Texas: Border Patrol won’t impede evacuations

5. Virginia: At one university, tobacco money is a secret

International

6. Canada: Hospitals face hand-washing crackdown

Briefly Noted

Alabama pet shelters · California earthquake test · Louisiana healthcare provider liability · Minnesota genetic testing veto · Texas roadside pet sales · Washington MRSA lawsuit · Restaurant nutrition rules · Pool safety · Wisconsin law enforcement autism training · National President’s fitness test · Genetic discrimination law · Farm bill · FAA antismoking drug ban · Google health · State smoking restrictions · Canada mature minor lawsuit · Turkey smoking ban · International pandemic issues, challenges

Quotation of the Week

Nancy Goodspeed, spokeswoman for Spokane’s parks department

This Week’s Feature

Law Behind the News. This week, we feature three bills making their way through the Louisiana legislature that would provide liability protection for medical personnel who deliver healthcare during a declared emergency. See below for more.

_____________________________1_____________________________

“Safety lapses raised risks in trailer for Katrina victims”

Washington Post     (05/25/08)     Spencer S. Hsu

http://www.washingtonpost.com/wp-dyn/content/article/2008/05/24/AR2008052401973.
html?nav=hcmodule

By recent count, 17,000 Hurricane Katrina survivors who lived in Federal Emergency Management Agency (FEMA) trailers had joined a federal class-action lawsuit against 64 trailer manufacturers and the federal government. The plaintiffs claim that formaldehyde emissions from resins and glues in the trailers’ particleboard flooring, plywood wall panels, and composite wood cabinets caused respiratory problems, cancer, and deaths among some trailer occupants. According to industry analysts, some of the trailer manufacturers used cheaper, substandard wood products to meet production targets, increasing emissions of formaldehyde. FEMA, which has since barred the use of trailers, faults those manufacturers for the health problems. “We bought them in good faith, just like we have for the last 20 years,” said R. David Paulison, who became acting FEMA administrator two weeks after Hurricane Katrina hit the Gulf Coast. But trailer manufacturers say federal guidelines were inconsistent, and that they relied on suppliers to deliver higher quality materials. For their part, the wood suppliers blame high-formaldehyde-emitting plywood imports that saturated the U.S. market during the recent housing boom. “I don’t believe that anybody expected these people to stay in the trailers as long as people have stayed in them,” said Kathy Munson, a spokeswoman for Fleetwood Enterprises, whose subsidiaries produced 10,600 FEMA trailers and 3,000 mobile homes. Paulison has admitted that FEMA did not ask manufacturers if it would be safe to house evacuees for 18 months or more.

[Editor’s note: To read the Agency for Toxic Substances and Disease Registry’s toxicological profile of formaldehyde, see http://www.atsdr.cdc.gov/toxprofiles/tp111.pdf. For more information on the CDC FEMA trailer study, see http://www.cdc.gov/nceh/ehhe/trailerstudy/.]

_____________________________2_____________________________

“New Florida law allows low-cost health policies”

New York Times     (05/22/08)     Kevin Sack

http://www.nytimes.com/2008/05/22/us/22crist.html

Florida Governor Charlie Crist signed a bill last week creating the Cover Florida Health Care Access Program to provide low-cost health coverage by allowing the sale of bare-bones insurance policies. Crist hopes the Cover Florida plans sell for no more than $150 a month, about 60 percent less than the average cost of a policy for a single person in Florida, according to state insurance regulators. Although insurers may exclude many of the 52 services currently mandated for standard policies -- such as acupuncture or podiatry -- the Cover Florida plans must include preventive services, office visits, screenings, surgery, prescription drugs, durable medical equipment, and diabetes supplies. The law prohibits insurers from rejecting applicants based on age or health status, and some policy options must include catastrophic and hospital coverage. Cover Florida policies will be available for any 19- to 64-year-old Floridian who has been uninsured at least six months and who is not eligible for public insurance programs, such as Medicaid. The new law also allows parents to cover children until age 30, up from age 25. Opponents of the new law say such health plans may not be appealing to consumers, since they may require high out-of-pocket costs, but Crist said he was optimistic that the plans would be beneficial to the uninsured. “Our obligation is to find a way without tax dollars to still provide better health care for our people,” he said. Florida is the fourteenth state to adopt a statute allowing low-cost health plans.

[Editor’s note: To read 2008 Fla. Laws Ch. 2008-32, “An act relating to health insurance,” see http://laws.flrules.org/files/Ch_2008-032.pdf.]

_____________________________3_____________________________

“EPA tests plans to protect water from terrorists”

Associated Press     (05/24/08)     Lisa Cornwell

http://ap.google.com/article/ALeqM5gqeMJT06_Wvi4W5d5Vr9gk5BuFfgD90RUG0O0

The U.S. Environmental Protection Agency (EPA) and the Greater Cincinnati Water Works are conducting a pilot study of a monitoring program designed to warn of bioterrorist threats against the drinking water system. The project, ordered by the U.S. Department of Homeland Security, continuously monitors the public water system for contaminants that could sicken or kill millions. Current monitoring systems rarely screen for germs, pesticides, or radioactive materials. The new system will use sensors to track water characteristics such as clarity and chlorine levels, and give water regulators earlier warning of viruses, bacteria, or chemicals that could be deliberately introduced into the water supply. The system can also detect unintentional contamination, including pollution from chemical spills. The system also requires the development of a network of laboratories that could analyze water samples, and a computer program to aid comprehensive monitoring of consumer complaints, emergency calls, and public health agency complaints that could indicate a wide-spread problem. “Water supplies are very, very accessible targets for biological or chemical weapons. There are so many potential targets whether you are taking water from the ground or a river or a lake and the vulnerability there is enormous,” said Donna Schlagheck, a Wright State University political scientist. The pilot project began in 2006, with an $11 million budget from EPA. The agency recently granted $12 million to New York City to become the second pilot study of the monitoring program.

_____________________________4_____________________________

“Border Patrol won’t impede evacuations”

San-Antonio Express-News     (05/22/08)     Lynn Brezosky

http://www.chron.com/disp/story.mpl/metropolitan/5795631.html

Last week, U.S. Homeland Security Secretary Michael Chertoff assured the public that immigration checkpoints along evacuation routes will not impede “safe and speedy” hurricane evacuations. The clarification came a week after the U.S. Border Patrol said it would check documents of people boarding hurricane evacuation buses and passing through checkpoints out of the Rio Grande Valley. “Now, obviously the laws don’t get suspended, but it does mean that our priorities are to make sure we can move traffic along quickly,” Chertoff said. Many people in the Valley have unauthorized immigrant family members, and county leaders and clergy had voiced concern that those families might not evacuate for fear loved ones would be separated and deported. State and local officials had urged the U.S. Department of Homeland Security to suspend checkpoint activity during hurricanes. The checkpoints out of the Valley are some 75 miles north of the border, and during a hurricane evacuation there would likely be only one highway route for about 1.5 million people to use. Chertoff did not specifically address the bus checks, but he said the impression that every car would be stopped is inaccurate. In a letter to area residents, the Rio Grande Valley Chief Patrol Agent Ronald Vitiello reiterated Chertoff’s statement. “[I]t is important that [criminal organizations] and you know that we will not leave the border undefended in a time of crisis. But assisting other federal, state and local agencies to ensure the safety of those requiring evacuation is paramount,” Vitiello said.

[Editor’s note: To read the full text of remarks made by Secretary Chertoff on 2008 Hurricane Awareness Day, on May 20, 2008, see http://www.dhs.gov/xnews/speeches/sp_1211396127538.shtm.]

_____________________________5_____________________________

“At one university, tobacco money is a secret”

New York Times     (05/22/08)     Alan Finder

http://www.nytimes.com/2008/05/22/us/22tobacco.html?partner=rssnyt

The issue of public universities accepting money from tobacco companies to conduct research was reignited last week as details of a contract containing restrictive disclosure clauses came to light. A 2006 contract between Virginia Commonwealth University (VCU) and Phillip Morris USA, obtained by the New York Times, prohibits professors from publishing study results or talking about them without Phillip Morris’s permission. If a third party, including news organizations, asks about the agreement, university officials must decline comment and notify Phillip Morris. The contract also designates nearly all patent and other intellectual property rights to the company instead of the university or professors. Dr. Rick Solana, the senior vice president for research and technology at Phillip Morris, said VCU scientists were studying how to identify early warning signs of pulmonary disease and how to reduce nitrogen and phosphorous drained into rivers from processing tobacco leaves. The increased focus on confidentiality mainly reflected the corporation’s need to protect its intellectual property rights, Solana said. Yet, some researchers and research ethicists are shocked by the restrictive terms in the contract. “There should be no debate about having a sponsor with control over the publishing of results,” said Tufts University professor Sheldon Krimsky, an expert on corporate influence on medical research. Dr. Francis Macrina, said the contract balanced the university’s need for openness and the company’s need for confidentiality. “There is restrictive language in here. In the end, it was language we thought we could agree to.”

_____________________________6_____________________________

“Hospitals face hand-washing crackdown”

Globe and Mail     (05/20/08)     Lisa Priest

http://www.theglobeandmail.com/servlet/Page/document/v5/content/subscribe?user_
URL=http://www.theglobeandmail.com%2Fservlet%2Fstory%2FRTGAM.20080520.whand
20%2FBNStory%2FspecialScienceandHealth%2Fhome&ord=113716695&brand=theglobe
andmail&force_login=true (subscription required)

Beginning in January 2009, Accreditation Canada will require nearly all of the country’s acute-care hospitals to conduct hand-hygiene audits in an on-going effort to curb hospital-acquired infections. The non-profit, independent organization will also require facilities to have a plan to maintain or improve hand-washing compliance. “Clearly, hand hygiene is a very important step in the prevention and/or control of spread of infection…. We’re at the point where we can’t afford not to do it,” said Wendy Nicklin, Accreditation Canada’s president and chief executive officer. Nearly 100 percent of Canada’s acute-care hospitals are accredited with the organization, as are many nursing homes, some community health centers, home-care organizations, and other healthcare facilities. Michael Gardam, director of infection prevention and control for Toronto’s University Health Network, was pleased the new rules would force hospitals to comply but said most do not have the resources to conduct an audit. “By making it mandatory, they will need the resources to be able to do the audits, which in my mind is really important,” said Dr. Gardam. Research indicates that only 40 percent of healthcare providers in Canada properly wash their hands. An estimated 220,000 people develop hospital-acquired infections in Canada each year, experts say, yet half could be prevented through proper hand hygiene. The move follows the lead of other countries, including the United States, where the Joint Commission, Accreditation Canada’s counterpart, has also tied hand hygiene to hospital accreditation.

_____________________BRIEFLY NOTED______________________

Alabama/Mississippi: Officials ready pet shelters, vet networks, refrigerated trucks, volunteers

“Gulf Coast preps for pet shelters during hurricane”

Associated Press     (05/22/08)     Garry Mitchell

http://www.sunherald.com/306/story/580548.html

California: Earthquake to be featured in state’s largest test of emergency system

“Biggest drill planned for ‘inevitable’ California quake”

Press-Enterprise     (05/23/08)     Jennifer Bowles

http://www.shns.com/shns/g_index2.cfm?action=detail&pk=CAL-QUAKEDRILL-05-23-08

Louisiana: Committee approves bills influenced by Katrina

“Legal protections for doctors during disasters advance”

Times-Picayune     (05/20/08)     Bill Barrow

http://www.nola.com/news/t-p/capital/index.ssf?/base/news-6/1211260934247440.xml&coll=1

Minnesota: Gov. says bill did not empower parents to keep blood samples from use in research

“Pawlenty vetoes bill governing newborn genetic testing”

Associated Press     (05/20/08)    

http://www.examiner.com/a-1400942~Pawlenty_vetoes_bill_governing_newborn
_genetic_testing.html

Texas: City Council bans puppy, kitten sales, citing public health concerns

“Roadside sales of animals are banned”

Fort Worth Star-Telegram     (05/21/08)     Mike Lee

http://www.star-telegram.com/metro_news/story/655783.html

Washington: Former inmate files federal civil rights lawsuit

“Ex-King County Jail inmate sues after contracting MRSA”
Seattle Times     (05/22/08)     Mike Carter

http://seattletimes.nwsource.com/html/localnews/2004430956_mrsa22m.html

Washington: New rules take full effect January 1, 2009

“Large restaurant chains in King County must document nutrition claims”

Seattle Post-Intelligencer     (05/22/08)     Jennifer Langston

http://seattlepi.nwsource.com/local/364039_calorieswash22.html

Washington: Chain-link does not meet state regulations

“Plywood covering fences at city pools”

Spokesman Review     (05/22/08)     Mike Prager

http://www.spokesmanreview.com/voices/story.asp?ID=245648

Wisconsin: Man trains law enforcement officers on autism spectrum issues

“Understanding autism vital for law enforcement”

Herald Times Reporter     (05/21/08)     Suzanne Weiss

http://www.htrnews.com/apps/pbcs.dll/article?AID=/20080521/MAN0101/805210498/0/MAN06

National: President’s Council on Physical Fitness and Sports introduces test for adults

“Adults can now take president’s fitness test”

Associated Press     (05/14/08)

http://www.cnn.com/2008/HEALTH/diet.fitness/05/14/adult.fitness.ap/

National: New law prohibits discrimination based on genetic predisposition

“Bush signs genetics anti-discrimination law”

Reuters     (05/21/08)

http://www.reuters.com/article/politicsNews/idUSN2143439320080521

National: Pilots, air traffic controllers prohibited from using Chantix

“F.A.A. bans antismoking drug, citing side effects”

New York Times     (05/22/08)     Stephanie Saul

http://www.nytimes.com/2008/05/22/business/22drug.html?partner=rssnyt&emc=rss

National: Expert says health information vulnerable as service not covered by HIPAA

“Google makes health service publicly available”

Associated Press     (05/19/08)     Rachel Metz

http://ap.google.com/article/ALeqM5iSiytvdRjss9I7Yq3uCwrwttbQxQD90P3EBO5

National: Report finds increase in number, restrictiveness of state laws regulating smoking

“State smoking restrictions for private-sector worksites, restaurants, and bars”

Morbidity and Mortality Weekly Report     (05/23/08)     M. Tynan and others

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5720a3.htm

Canada: Supreme Court to hear case of 14 year-old forced to undergo transfusion

“Court to rule on rights of ‘mature minors’”

Ottawa Citizen     (05/20/08)     Janice Tibbetts

http://www.canada.com/topics/news/story.html?id=53db5bab-eb3e-41da-b7bc-a566c215945f

Turkey: Indoor smoking ban to go into effect in 2009

“Poll shows Turkish public strongly backs smoking ban in enclosed venues”

Today’s Zaman     (05/22/08)     Abdullah Bozkurt

http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=142593&bolum=101

International: Study reviews strategies to mitigate impact of pandemic in developing countries

“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/pdfs/875.pdf

__________PHL NEWS QUOTATION OF THE WEEK___________

 “We will get pools open, but it won’t be pretty.”

-- Nancy Goodspeed, spokeswoman for Spokane’s parks department, on plywood sheeting being erected at the city’s five outdoor pool. The chain-link fences that surround the pools are no longer considered safe under health regulations. [See Briefly Noted item, above.]

__________________LAW BEHIND THE NEWS___________________

The Louisiana Legislature is nearing final passage on a package of bills designed to protect healthcare workers from lawsuits stemming from care given during a declared emergency. The bills were inspired by a high-profile lawsuit concerning patient deaths at New Orleans’ Memorial Medical Center in the aftermath of Hurricane Katrina. Two Senate Bills have passed the Senate and the House Civil Law and Procedure Committee, while House Bill 53 has cleared the House and is awaiting action in the Senate.

Senate Bill 301 provides:

During a declared state of emergency, medical personnel immune from liability in R.S. 37:1731, who render or fail to render emergency care, health care services, or first aid, shall not be liable for any civil damages to patients as a result of an evacuation or treatment or failed evacuation or treatment conducted in accordance with disaster medicine protocol and at the direction of military or government authorities, unless such damage or injury was caused by willful misconduct by such medical personnel.

Senate Bill 330 provides:

Medical personnel who, in good faith and regardless of compensation, render or fail to render emergency care, health care services or first aid during a declared state of emergency when such state of emergency affects the rendering of such medical care shall not be liable for any civil damages or injury as a result of any act or omission related to such rendering of or failure to render services, unless the damages or injury was caused by gross negligence or willful misconduct.

HB 53 provides:

…that during a declared state of emergency, the limitation of liability for health care providers who gratuitously render emergency health care to persons injured as a result of the emergency extends to any area in which the emergency health care is rendered.

Visit http://www2a.cdc.gov/phlp/docs/SB301.pdf for the text of SB 301.

Visit http://www2a.cdc.gov/phlp/docs/SB330.pdf to read the text of SB 330.

Visit http://www2a.cdc.gov/phlp/docs/HB53.pdf to read HB 53.

___________________________________________________________

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 Strategy and Innovation, 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.