Wednesday, June 18, 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/eot2008/20090111025531im_/http://www2a.cdc.gov/phlp/images/rssicon.jpg)
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*** Pandemic Influenza Guidance. The U.S. Department of
Health and Human Services seeks public comment on three draft guidance
documents: Interim Guidance on the Use and Purchase of Facemasks
and Respirators by Individuals and Families for Pandemic Influenza
Preparedness; Proposed Guidance on Antiviral Drug Use During an
Influenza Pandemic; and Proposed Considerations for Antiviral Drug
Stockpiling by Employers In Preparation for an Influenza Pandemic.
For more information, visit
http://aspe.hhs.gov/panflu/antiviral-n-masks.shtml.
*** Rhode Island Lead Mitigation Database. The Rhode Island
Housing Resources Commission has launched an online database of
rental units that have been certified free from lead hazards. To
access the database, visit
http://www.ri.gov/HRC/index.php?property.
*** Shelter Evaluation Tool. CDC and partners have developed
an environmental health shelter assessment tool to assist environmental
health practitioners in conducting rapid assessment of shelter conditions
during emergencies and disasters. To access the tool, visit
http://www.emergency.cdc.gov/shelterassessment/.
*** GAO Food Safety Report. The U.S. Government Accountability
Office has released Federal Oversight of Food Safety: FDA Has
Provided Few Details on the Resources and Strategies Needed to Implements
its Food Protection Plan. The report is available at
http://www.gao.gov/new.items/d08909t.pdf.
*** Clinical Trials Legal Training (7/24). The American
Health Lawyers Association, in collaboration with the Regulatory
Affairs Professionals Society, will present “A Day in Court: Critical
Implications for Conducting Clinical Trials” on July 24, 2008. The
training will be held at the George Washington University Cloyd
Heck Marvin Center. For more information, visit
http://www.raps.org/personifyebusiness/ConferencesTraining/ADayinCourt/tabid/456/Default.aspx.
Top Story
1. Japan, seeking trim waists, measures millions
States and Localities
2. Illinois: Marriage license tax targets
domestic violence
3. Louisiana: La. officials worry about buses for evacuations
4. New York: Some states making schools require dental exams
International
5. Canada: Ottawa knew implants harmful,
case alleges
6. Canada: Display of tobacco products banned as of Saturday
7. European Union: Chemical law has global impact
Briefly Noted
California cell phone law · Connecticut bisphenol
A suit · Florida dangerous dogs · Louisiana emergency healthcare
bill · Massachusetts domestic violence · New York calorie counts
· Tobacco tax · National tobacco case · WIC food choice · Hurricane
readiness · Food testing · Motorcycle safety · Australia alcopop
tax · Canada school nutrition · China food safety · England smoking
ban effects · Japan A-bomb ruling · South Korea junk food ads ·
Uganda DDT ruling
Journal Articles
Mississippi nursing home evacuation lessons
· Lead and criminal activity · Nursing home evacuation plans · Mandatory
HPV vaccination · Netherlands universal health insurance · United
Kingdom pandemic school closure costs
Court Opinions
California smoking · Louisiana Hurricane
Katrina · Minnesota warrantless blood draw · New Jersey emotional
distress · Virginia alcohol ads regulation · Canada safe-injection
sites · South Africa AIDS trial
Quotation of the Month
Residents of Amagasaki, Japan
This Month’s Feature
Law Behind the News. This month, we
feature Louisiana House Bill 1379, which will establish the state’s
Emergency/Disaster Medicine Review Panel. See below for more.
_____________________________1_____________________________
“Japan, seeking trim waists, measures millions”
New York Times (06/13/08) Norimitsu Onishi
http://www.nytimes.com/2008/06/13/world/asia/13fat.html?_r=1&incamp=article_popular_2&oref=slogin
Two months ago, a new law came into effect in Japan, requiring
companies and local governments to measure the waistlines of people
between the ages of 40 and 74. The move marks the government’s latest
effort to curtail “metabolic syndrome” (or “metabo” as it is colloquially
known), a collection of factors including abdominal obesity, high
blood pressure, and high blood glucose and cholesterol levels. Metabo
has become national shorthand for “overweight.” “Before we had to
broach the issue with the word obesity, which definitely has a negative
image. But metabo sounds much more inclusive,” said Dr. Yoshikuni
Sakamoto, a physician in the employee health insurance union at
Matsushita, an electronics manufacturer. The new law mandates limits
on waistlines -- 33.5 inches for men and 35.4 inches for women.
People exceeding the limit and having a weight-related illness will
be given dieting guidance if they do not lose weight within three
months of being measured. Companies and local governments that fail
to meet specific targets will be fined. The national Ministry of
Health says the campaign will help stop diseases like diabetes and
stroke, and will slow the country’s rising health care costs. But
critics say the guidelines are too strict, and that more than half
of all Japanese men will be considered overweight. “I don’t think
the campaign will have any positive effect,” said Yoichi Ogushi,
a professor at Tokai University School of Medicine. “[T]he Japanese
are so slender that they can’t afford to lose weight.”
_____________________________2_____________________________
“Marriage license tax targets domestic violence”
Chicago Tribune (05/28/08) Joel Hood
http://www.chicagotribune.com/news/local/chi-marriage-29-may29,0,4211569.story
This month, Illinois counties began adding a $5 fee to the cost
of marriage licenses to pay for legal counseling and other services
for people seeking to escape domestic violence. The new law seeks
to help abused women (and in some cases, men) navigate the legal
system. “We don’t have as many people today seeking shelters to
fix the problem,” said Jacqueline Ferguson, director of operations
at the Illinois Coalition Against Domestic Violence. “Instead, they’re
seeking counseling and legal advocacy to address some of the bigger
issues.” As domestic violence cases in the state have increased
over recent years, advocates have seen state and federal funding
stripped from domestic programs. As a result, 27 counties in southern
Illinois have been forced to cut courthouse advocates who work directly
with abused women to help them understand their rights and apply
for protective orders. The new Married Families Domestic Violence
Fund is expected to generate more than $400,000 a year, which will
be doled out by the attorney general’s office. The money will be
used for providing legal counseling, restoring the courthouse advocates,
and for legal fees in cases where abuse leads to divorce. While
some worry that the new fee will impede local government’s ability
to increase funds for other needs, advocates and newlyweds-to-be
were in favor of the program. “I think it’s wonderful,” said Dolores
Brown. “It’s people like me and all the other women out there who
have to deal with the threat of violence every day.”
[Editor’s note: To read the text of Illinois Public Act 095-0711,
which creates the Married Families Domestic Violence Fund, visit
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0711.]
_____________________________3_____________________________
“La. officials worry about buses for evacuations”
Associated Press (06/04/08) Mary Foster
http://www.nola.com/newsflash/index.ssf?/base/news-39/1212608960278310.xml&storylist=louisiana
Emergency management officials in Louisiana are making plans
to move as many as 39,000 people out of the New Orleans area if
a hurricane threatens this summer. Finding the vehicles to accomplish
that feat, however, presents a stumbling block. “If a big hurricane
begins heading into the Gulf Coast, there could be five states scrambling
to get buses,” said Matthew Kallmyer, deputy director of the New
Orleans Office of Emergency Preparedness. Under current guidelines,
shelters in New Orleans and surrounding parishes will not open if
officials declare a mandatory evacuation in anticipation of a Category
3 or greater hurricane. That could leave thousands of elderly people
and others with special needs or without transportation to find
their own way out of town. Louisiana officials have negotiated to
have commercial buses available, and have also looked at using school
buses, Regional Transit Authority buses, and even Amtrak trains.
But each of those options has its limitations. “[T]he question may
be who pulls the trigger on evacuation first. You know, the cone
of possibility for a storm to land can sometimes cover Louisiana,
Alabama, Mississippi, and Texas. And that means those states will
all be looking at the same group of buses,” said John Rahaim Jr.,
assistant director of the St. Bernard Parish office of Homeland
Security and Emergency Preparedness.
_____________________________4_____________________________
“Some states making schools require dental exams”
Associated Press (06/01/08) Michael Gormley
http://www.pressconnects.com/apps/pbcs.dll/article?AID=/20080602/NEWS10/806020360
In September, New York will become the seventh state (along with
the District of Columbia) to require schools to help ensure the
dental health of students. Methods in the jurisdictions range from
requiring students to get a full dental exam before entering school,
to a cursory screening by a hygienist. Under a new law, New York
schools will ask parents to provide a certificate showing the student
has seen a dentist before entering the second, fourth, seventh,
and tenth grades. Schools will provide families with a list of dentists
that will examine their child for free or at reduced cost if the
student arrives for class without the certificate. According to
CDC, tooth decay is a common infectious disease among children,
and is on the rise. In children, tooth decay is five times more
common than asthma, four times more common than obesity, and 20
times more common than diabetes, said Marianthi Bumbaris of the
American Academy of Pediatric Dentistry. Tooth decay can result
in pain, abnormal chewing, malnutrition, and poor attendance in
school, all of which can have a negative impact on students’ concentration,
speaking ability, appearance, and self-esteem. “A lot of people
think it’s cosmetic,” Bumbaris said. “A lot of parents think, ‘These
are baby teeth that will fall out, so what’s the point?’ But imagine
the pain [adults] have. And a lot of children up to 3 years old
can’t say or explain why they are in pain. Children are falling
through the cracks.”
[Editor’s note: To read the text of S. 1239, An act to amend
the education law, in relation to requesting that students entering
school present a dental health certificate, visit
http://assembly.state.ny.us/leg/?bn=S01239&sh=t. To learn more
about children’s dental health from CDC, visit
http://www.cdc.gov/oralhealth/topics/child.htm.]
_____________________________5_____________________________
“Ottawa knew implants harmful, case alleges”
Toronto Star (05/28/08) Tracey Tyler
http://www.thestar.com/printArticle/432074
In May, the Ontario (Canada) Court of Appeal heard arguments
attempting to resurrect a proposed class action lawsuit against
the federal government for failing to regulate silicone gel breast
implants. According to some estimates, up to 200,000 Canadian women
received breast implants between 1969 and 1992, when Dow Corning
implants were pulled from the market. Attorneys for Canadian women
injured by the implants say Health Canada examined the Dow Corning
implants and recommended they be discontinued in 1978 after studies
showed they ruptured between 5 and 32 percent of the time. Kirk
Baert, an attorney for the plaintiffs, said Health Canada’s failure
to ban the implants amounts to negligence. “At the very least, they
(federal officials) could have issued a warning,” he said. Last
year, a lower court dismissed the case, finding the decision to
allow the silicone implants was a government policy decision and
therefore immune from suit. The issue of whether the federal government
“failed to govern” is the central question of the case. The Court
of Appeal has not yet issued a ruling in the case, which is one
of a series of lawsuits over alleged breast implant failures filed
in countries around the world.
_____________________________6_____________________________
“Display of tobacco products banned as of Saturday”
Niagara Falls Review (05/31/08) Ray Spiteri
http://www.niagarafallsreview.ca/ArticleDisplay.aspx?e=1051893&auth=Ray+Spiteri%2C+Review+Staff+Writer
At the end of May, a provision of the Smoke-Free Ontario Act
prohibited the “intentional or unintentional” display of tobacco
products in stores. The new rules require that cigarettes must be
concealed until they are purchased. Employees must handle and store
tobacco products out of view of customers; they can be displayed
only briefly when the employee is handing the product to a customer
during a transaction. If a customer needs assistance deciding between
products, the employee is allowed to show the customer a binder
displaying photos of the tobacco products, along with the price.
Businesses that fail to comply with the new law could be fined $10,000;
employees could be charged $4,000. The mandate has required store
owners to buy special shelving or cabinets to hide the products.
Some worry about the added inconvenience of the new system, but
most shop owners are prepared to comply. “[L]ike most things, there’s
a transitional period that takes place and we’ll just have to adjust,”
said Louanne Elly, who manages a convenience store in Fort Erie.
[Editor’s note: For a comparison of Ontario’s 1994 Tobacco Control
Act and the new Smoke-Free Ontario Act, visit
http://www.mhp.gov.on.ca/english/health/smoke_free/chart.asp.]
_____________________________7_____________________________
“Chemical law has global impact”
Washington Post (06/12/08) Lyndsey Layton
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/11/AR2008061103569.html
Earlier this month, new European Union rules requiring companies
to demonstrate the safety of a chemical before it enters commerce
went into effect. Under the new rules, manufacturers must report
the risks posed by specific chemicals. That information will, for
the first time, be made available to the public. The rules reflect
a philosophy that emphasizes the consumer, and have major implications
for the U.S. chemical industry. In the United States, regulators
have the burden of proving a chemical is harmful before it can be
restricted or removed from the market. In order to access the European
market -- 27 countries comprising nearly 500 million consumers --
and compete in global commerce, U.S. companies will be forced to
reformulate their products to comply with the E.U. rules. According
to Mike Walls, the American Chemistry Council’s managing director
of government and regulatory affairs, 90 percent of the Council’s
members are affected by the new laws, and some cannot afford the
cost of compliance. DuPont, for example, expects to spend “tens
of millions” of dollars to register about 500 chemicals with the
European Union. But environmental groups are pleased that the new
rules will have such an impact on the U.S. chemical industry. “This
is going to compel companies to be more responsible for their products
than they have ever been,” said Daryl Ditz, senior policy adviser
at the Center for International Environmental Law. “They’ll have
to know more about the chemicals they make, what their products
are and where they go.”
[Editor’s note: To learn more about Registration, Evaluation,
Authorization and Restriction of Chemical substances (REACH), the
new European Union regulation, visit
http://ec.europa.eu/environment/chemicals/reach/reach_intro.htm.]
_____________________BRIEFLY
NOTED______________________
California: “Hands free” law aimed at preventing driver distraction,
reducing accidents
“New cell phone laws takes effect July 1”
Contra Costa Times (06/02/08) Kelli Phillips
http://www.contracostatimes.com/ci_9457148
Connecticut: Lawsuit alleges baby bottles made with bisphenol
A
“Lawsuit filed against baby bottle maker”
Associated Press (05/28/08)
http://www.washingtonpost.com/wp-dyn/content/article/2008/05/28/AR2008052803174.html
Florida: County ordinance updated to include owner education
“Dog owners beware, rules getting tougher in Collier”
Naples Daily News (06/10/08) I.M. Stackel
http://www.naplesnews.com/news/2008/jun/10/dog-owners-beware-rules-getting-tougher-collier/
Louisiana: Bill would establish panel to examine health professionals’
disaster-related decisions
“Panel OKs reviews of doctor acts in disasters”
Times-Picayune (06/11/08) Ed Anderson
http://www.nola.com/news/t-p/capital/index.ssf?/base/news-6/1213161627207940.xml&coll=1
Massachusetts: Governor responds to tripling of domestic violence
homicides
“Gov declares domestic violence emergency”
State House News Service (06/06/08)
http://www.bostonherald.com/news/regional/politics/view/2008_06_06_Gov_declares_
domestic_violence_emergency/
New York: City to begin enforcement of calorie counts July 18
“FDA backs NYC in dispute over calories on menus”
Associated Press (06/12/08) Larry Neumeister
http://www.usatoday.com/news/health/2008-06-13-calories-menus_N.htm
New York: State boasts highest tax in the nation resulting in
fewer smokers
“NY health official says tax hike has smokers ready to quit”
Associated Press (06/15/08) Valerie Bauman
http://www.wnbc.com/politics/16613040/detail.html?rss=ny&psp=news
National: Supreme Court to determine if state damages award conflicts
with prior ruling
“Court will again review $79.5M tobacco award”
Associated Press (06/09/08)
http://news.moneycentral.msn.com/printarticle.aspx?feed=AP&date=20080609&id=8748543
National: Federal food program to expand food choices, offer
nutrition education
“Federal WIC program rewriting voucher menu to add fruit, vegetables,
more fish”
Press-Enterprise (05/26/08) Douglas Quan
http://www.pe.com/localnews/inland/stories/PE_News_Local_D_voucher27.3546759.html
National: Despite prediction of active hurricane season, many
residents without a plan
“Few coast dwellers ready for a hurricane, poll shows”
CNN (05/29/08) John Zarrella
http://www.cnn.com/2008/US/weather/05/29/hurricane.prepare/index.html
National: Food safety concerns spur Congressional investigation
“Lawmakers approve subpoenas over food testing”
Associated Press (06/13/08) Kevin Freking
http://www.boston.com/business/articles/2008/06/13/lawmakers_approve_subpoenas_over_
food_testing/
National: New laws keep motorcyclists legal
“States green-light new red-light laws for motorcycles”
USA TODAY (06/11/08) Ron Barnett
http://www.usatoday.com/news/nation/2008-06-10-red-light-laws_N.htm
Australia: Spirit sales increase, offsetting potential health
gains of alcopop tax hike
“Alcopop drinkers ‘turning to spirits’”
Australian (05/29/08) Siobhain Ryan
http://www.theaustralian.news.com.au/story/0,25197,23775465-5013871,00.html
Canada: Food guidelines aimed at schools and daycare and recreational
centers
“Nutrition guidelines target obese kids”
Calgary Herald (06/03/08) Renata D’Aliesio and Michelle Magnan
http://www.canada.com/calgaryherald/news/story.html?id=338d86b0-3473-425f-8f20-d293af46e92e
China: Canadian experts contributed to new, more stringent Chinese
food safety laws
“China gets help with food industry”
National Post (05/28/08) Tom Blackwell
http://www.nationalpost.com/news/story.html?id=545920
England: Smoking ban related to drop in heart disease rates
“Heart attack admissions fall by up to 40% since smoking ban”
The Times (06/14/08) Will Pavia
http://www.timesonline.co.uk/tol/news/uk/health/article4131177.ece
Japan: Court rules atomic bomb victims currently in need of medical
treatment
“High court raps gov’t over appeal against health benefits for A-bomb
victims”
Mainichi Daily News (05/29/08)
http://mdn.mainichi.jp/national/news/20080529p2a00m0na008000c.html
South Korea: Korea FDA cracks down on junk food commercials targeting
kids
“Junk food ads to be bumped from prime-time TV”
Korea Times (05/27/08) Jane Han
http://www.koreatimes.co.kr/www/news/biz/2008/05/123_24833.html
Uganda: Malaria control at odds with pesticide safety
“Court stops DDT spraying in the north”
New Vision (06/05/08) Anne Mugisa
http://allafrica.com/stories/200806060114.html
___________________JOURNAL
ARTICLES____________________
“Providing shelter to nursing home evacuees in disasters: lessons
from Hurricane Katrina”
American Journal of Public Health (07/08) Sarah B. Laditka
and others
http://www.ajph.org/cgi/content/abstract/98/7/1288?ck=nck (subscription
required)
“Association of … childhood blood lead concentrations with criminal
arrests in early adulthood”
PLoS Medicine (05/08) John Paul Wright and others
http://medicine.plosjournals.org/perlserv/?request=get-document&doi=10.1371%2
Fjournal.pmed.0050101
“Nursing home evacuation plans”
American Journal of Public Health (07/08) Nicholas G. Castle
http://www.ajph.org/cgi/content/abstract/AJPH.2006.107532v1
(subscription required)
“The HPV vaccine: framing the arguments FOR and AGAINST mandatory
vaccination …”
Journal of School Health (06/08) Cheryl A. Vamos and others
http://www.blackwell-synergy.com/doi/abs/10.1111/j.1746-1561.2008.00306.x
(subscription required)
“Universal mandatory health insurance in The Netherlands: a model
for the United States?”
Health Affairs (06/08) Wynand PMM van de Ven and Frederik
T. Schut
http://content.healthaffairs.org/cgi/content/abstract/27/3/771?rss=1
(subscription required)
“Estimating the costs of school closure for mitigating an influenza
pandemic”
BMC Public Health (04/24/08) Md Z Sadique and others
http://www.biomedcentral.com/1471-2458/8/135/abstract (subscription
required)
___________________COURT
OPINIONS____________________
California: Court holds smoking-related diagnoses start running
of statute of limitations
Pooshs v. Philip Morris USA, Inc.
U.S. District Court for the Northern District of California
No. C 04-1221 PJH
Decided May 27, 2008
Opinion by Judge Phyllis J. Hamilton
http://www.lawyersusaonline.com/pdfs/POOSHS99310040.pdf
Louisiana: Claims that agencies breached duty to prepare for,
respond to Katrina dismissed
In re: Katrina Canal Breaches Consolidated Litigation
U.S. District Court for the Eastern District of Louisiana
Civil Action No. 05-4182 Section “K”(2)
Decided May 27, 2008
Opinion by Judge Stanwood R. Duval Jr.
http://levees.org/Dismissal.pdf
Minnesota: Warrantless blood draw upheld if probable cause in
case of vehicular homicide
State v. Shriner
Supreme Court of Minnesota
No. A07-181
Filed May 30, 2008
Opinion by Justice Christopher Dietzen
http://64.233.167.104/search?q=cache:MFJJ1pp1sgIJ:www.mncourts.gov/opinions/sc/current/
OPA070181-0530.pdf+State+v.+Shriner&hl=en&ct=clnk&cd=3&gl=us
New Jersey: Negligent infliction of emotional distress claim
for family member death upheld
Jablonowska v. Suther
Supreme Court of New Jersey
No. A-9-07
Decided June 10, 2008
Opinion by Justice Jaynee LaVecchia
http://lawlibrary.rutgers.edu/decisions/supreme/a-9-07.doc.html
Virginia: Court strikes down state reg prohibiting alcohol ads
in college publications
Educational Media Company at Virginia Tech v. Swecker
U.S. District Court for the Eastern District of Virginia, Richmond
Division
Civil Action No. 3:06CV396
Decided March 31, 2008
Opinion by Magistrate Judge M. Hannah Lauck
http://www.acluva.org/docket/pleadings/techopinion.pdf
Canada: Court holds drug users entitled to health care in form
of safe-injection sites
PHS Community Services Society v. Canada
Supreme Court of British Columbia
No. S065547, S065587
Decided May 27, 2008
Opinion by Justice Ian H. Pitfield
http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc661/2008bcsc661.html
South Africa: Court finds unapproved clinical trials for AIDS
unlawful
Treatment Action Campaign v. Rath
High Court of South Africa
No. 12156/05
Decided June 13, 2008
Opinion by Dumisani Zondi
http://www.tac.org.za/community/files/file/TACAndSAMAVersusRathAndGovernmentJudgment.pdf
__________PHL
NEWS QUOTATION OF THE WEEK___________
“Goodbye, metabolic. Let’s get our checkups together. Go! Go!
Go!
Goodbye, metabolic. Don’t wait till you get sick. No! No! No!”
-- Residents of Amagasaki, Japan singing the city’s anti-metabo
(obesity) song at a local gym. The song warns about trouser buttons
popping and flying away. The town’s mayor and six other officials
formed a weight-loss group called The Seven Metabo Samurai in support
of the national government’s anti-obesity campaign. [See item 1,
above.]
__________________LAW
BEHIND THE NEWS___________________
A bill working its way through the Louisiana Legislature will
establish a three-member Emergency/Disaster Medicine Review Panel
to examine disaster-related decisions by healthcare personnel. Findings
of the Panel will help prosecutors determine whether to file criminal
charges against medical professionals in the event that a person
is injured while receiving healthcare services during a state of
disaster, medical emergency, or public health emergency. The bill,
which has been unanimously approved by the House, recognizes that,
during an emergency,
medical personnel are under added duress because of staffing
shortages, resource limitations, and damaged infrastructure, and
such personnel’s clinical decisions may be affected by nonmedical
factors including lack of basic human services, loss of communication,
necessity to immediately evacuate, and safety concerns for medical
personnel.
Accordingly,
An independent Emergency/Disaster Medicine Review Panel is qualified
to gauge the conduct of medical personnel with regard to such clinical
judgment during declared disasters and, thereby, provide an independent
and objective advisory opinion.
The bill establishes the Panel’s constituents, authorizes the
Panel to provide advisory opinions to the prosecuting authority,
and establishes the Panel’s review process.
To read the text of H.B. 1379, visit
http://www2a.cdc.gov/phlp/docs/streamdocument.pdf.
___________________________________________________________
The CDC Public Health Law News is published the third
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The News is published by the Public Health Law Program,
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Rachel Weiss, J.D., Editor; Karen M. Leeb, J.D., M.L.S., Editorial
Advisor. Thanks to Lisa Thombley, J.D., M.P.H., for her assistance.
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