_______________________________________________________________
Wednesday,
December 17, 2008
From the Public Health Law Program, Office of the Chief of Public
Health Practice, CDC
http://www2a.cdc.gov/phlp/
_______________________________________________________________
Announcements
*** Disease, Disaster,
Bioterrorism Report. The Trust for America's Health and the Robert Wood
Johnson Foundation have released the sixth annual Ready or Not? 2008
Protecting the Public's Health from Diseases, Disasters, and Bioterrorism
report. A review of selected legal preparedness measures appears on pages 34-40.
To read the report, visit
http://healthyamericans.org/assets/files/bioterror-report-2008.pdf.
*** 2008 National Obesity
Summit. Information about the June 2008 National Summit on Legal
Preparedness for Obesity Prevention and Control is now available online. Please
visit http://www2a.cdc.gov/phlp/summit2008.asp for future updates on Summit
materials and for a bibliography of law-related articles on obesity prevention
and control.
*** Isolation and Quarantine
Training. The Massachusetts Department of Public Health and the Local Public
Health Institute have developed a Web-based training, "Legal Nuts and Bolts of
Isolation and Quarantine," to familiarize participants with the concepts of
isolation and quarantine and their historical and modern use in disease control
and prevention. Information about the course is available at
http://www.masslocalinstitute.org/courseDetails.aspx?dateId=617&courseId=246.
*** HIV Testing Laws
Compendium. The National HIV/AIDS Clinicians' Consultation Center has
released the "State HIV Testing Laws Compendium." Visit
http://www.nccc.ucsf.edu/StateLaws/Index.html.
*** Risk Assessment Report.
Scotland's Grampian Strategic Coordinating Group, representing the government's
planning and response framework, has released Road to Resilience,
detailing risk assessment and planning for events from terrorism to pandemic
influenza. To read the report, visit
http://www.grampian.police.uk/Pdf/Road to Resilience strategy booklet.pdf.
*** Tobacco Settlement
Report. The Campaign for Tobacco-Free Kids has published a report entitled
A Decade of Broken Promises: The 1998 State Tobacco Settlement Ten Years
Later. To access the report and other information, visit
http://tobaccofreekids.org/reports/settlements.
*** Drug Dependency and HIV
Report. Human Rights Watch has released An Unbreakable Cycle: Drug
Dependency Treatment, Mandatory Confinement, and HIV/AIDS in China's Guanxi
Province. To access the report, visit
http://www.hrw.org/en/reports/2008/12/09/unbreakable-cycle-0.
*** Child Injury Report.
The World Health Organization and UNICEF have released World Report on Child
Injury Prevention, which presents the current knowledge about the five most
important causes of unintentional injury and makes recommendations for action.
Download the report from
http://whqlibdoc.who.int/publications/2008/9789241563574_eng.pdf.
*** Seat Belt Report.
The U.S. Department of Transportation has released How States Achieve High
Seat Belt Use Rates, a study comparing states with high seat belt use rates
and states with low use rates. To download the report, visit
http://www-nrd.nhtsa.dot/gov/pubs/810962.pdf.
*** Risk Assessment
Publication. A new publication from the National Academies, entitled
Science and Decisions: Advancing Risk Assessment, is a complement to the
1983 Risk Assessment in the Federal Government (the Red Book). It embeds
the concepts of risk assessment within a broader framework of risk-based
decision-making. To learn more about the publication, visit
http://www.nap.edu/catalog.php?record_id=12209.
*** Job Opening. The
Georgia State University College of Law seeks an attorney to work as a Health
Disparities Fellow in a community collaboration. For more information and to
apply, visit https://jobs.gsu.edu/applicants/jsp/shared/frameset/Frameset.jsp?time=1229474059937
and "search postings" for vacancy number 0600841.
*** Emergency Management
Conference Call for Papers (12/31/08). The International Emergency
Management Society's (TIEMS) Annual Conference will be held in Istanbul, Turkey,
June 9-11, 2009. Poster titles and abstracts are due December 31, 2008; full
paper submissions are due March 1, 2009. For more information, visit
http://www.tiems.org/.
*** Baby Doe Rules
Conference (2/13). The Georgia State University College of Law and partners
will present "The 25th Anniversary of the Baby Doe Rules: Perspectives from the
Fields of Law, Health Care, Ethics, and Disability Policy," on February 13,
2008, from 8:30 a.m. to 5:00 p.m. ET. For more information and to register,
visit
http://www.babydoesymposium.org.
*** Preparedness Summit
(2/18-2/20). The 2009 Public Health Preparedness Summit, "The Changing Face
of Preparedness: Building and Sustaining Public Health Capacity for Disaster
Response," will be held February 18-20, 2009 in San Diego. For more information,
visit
http://www.phprep.org/2009/?CFID=2422912&CFTOKEN=44727808.
*** Genomics Summer
Institute (6/22-6/26). The University of Washington Center for Genomics and
Public Health will host a 5-day introduction in public health genomics, June
22-26, 2009. The institute is aimed at professionals interested in learning
about integrating genomics principles and applications into health practice and
policy. For more information, visit
http://depts.washington.edu/cgph.
Top Story
1. Canada: Our smog is
worse than we thought
States and Localities
2. California: State
ignored HIV law, judge says
3. Massachusetts: Hub
enacts strict ban on tobacco sales
National
4. Mad-cow-prevention
rule poses its own dangers
International
5. India: Press council
issues new guidelines for reporting HIV
Briefly Noted
California diesel
regulation · Gang leader suit · Connecticut olive oil standards
· Gulf Coast formaldehyde suits · Illinois organ donor
suit · Indiana soldiers chemical suit · Kentucky drug testing kits program ·
Louisiana fluoridation law · Massachusetts pool rules · New York 9/11 lawsuits ·
Ohio breath-testing machine · Washington monkey smuggling prosecution · National
tar, nicotine guidance · National MRSA laws · Snus · Canada reused syringes suit
· Hospital gunshot, stab wounds reporting law · China bird smuggling · Russia
tobacco restrictions · Taiwan National Vaccine Fund · United Kingdom cigarette
vending machines · Zimbabwe cholera national emergency · Obituary Dr. Jay Katz
Journal Articles
World Trade Organization
law and public health · Law as public health tool · Healthcare associated
infections · Spain tobacco consumption laws · European data protection law ·
Master Settlement Agreement and advertising · South Africa HIV/AIDS drug policy
Court Opinions
Nebraska newborn
screening laws · Rhode Island lead poisoning · Wisconsin lead-based paint ·
Federal "light" cigarettes · Federal Teflon class · Federal PHS employee action
Quotation of the Week
Ethan Flint, 18 year-old
West Virginia University student
_____________________________1_____________________________
"Our smog is worse than we
thought"
Toronto Star (12/06/08)
Moira Welsh
http://www.thestar.com/article/549457
A bylaw approved by the Toronto
(Canada) City Council will require businesses to report emissions of 25
identified chemicals. Most of the chemicals on the "right to know" list --
including benzene, cadmium, hexavalent chromium, and nickel -- are thought to be
carcinogens, and almost all have been identified in Toronto air above accepted
health standards. Public health researchers used data collected from four
Environment Canada air-monitoring stations across the city to develop the list.
"Most of us know that Toronto's air is bad to breathe, especially in the summer,
"said Katrina Miller, spokeswoman for the Toronto Environmental Alliance. "We
now know that there are certain cancer-causing chemicals in our air at levels
that are absolutely unacceptable," she said. Beginning January 1, 2009,
businesses that are not already required to report emissions in the food and
beverage, printing and publishing, chemical, and wood industries will be
required to disclose the chemicals they use. The information will be published
online. All Toronto industries will be reporting their emissions under the new
law by 2013.
[Editor's note: To read the
list of 25 substances to be monitored, visit
http://www.healthzone.ca/health/article/548463.]
_____________________________2_____________________________
"State ignored HIV law, judge
says"
Los Angeles Times
(12/05/08) Jordan Rau
http://www.healthzone.ca/health/article/548463
Los Angeles Superior Court
Judge James C. Chalfant recently ordered the California Department of Health
Care Services to implement a program designed to help HIV-infected people.
According to Chalfant's ruling, the Department "has not fulfilled its statutory
obligation" under a law intended to help those who could not afford treatment
enacted six years ago. The 2002 statute ordered the Department to encourage AIDS
patients to switch to managed care. But Department officials resisted, believing
the law would not work. "Our analysis of that bill was it was not possible in a
cost-neutral environment," said Department of Health Care Services spokesman
Norman Williams. However, Chalfant found that the Department made no effort to
make the program work or find other funding avenues. The suit was brought by the
Los Angeles-based AIDS Healthcare Foundation, which says hundreds or perhaps
thousands of people have been denied healthcare because of the state's inaction.
_____________________________3_____________________________
"Hub enacts strict ban on
tobacco sales"
Boston Globe (12/12/08)
Stephen Smith
http://www.boston.com/news/local/massachusetts/articles/2008/12/12/hub_enacts_strict_ban
_on_tobacco_sales/
The Boston Public Health
Commission has voted unanimously to ban cigarette sales in drugstores and on
college campuses. Stores around the city will have two months to comply with the
new law. About 75 pharmacies are expected to be impacted by the ban. The rules
come after Massachusetts researchers reported that the state's four year-old
public smoking ban was associated with a sharp reduction in heart attack deaths.
Representatives from drugstore chains CVS and Walgreens say they will comply
with the new rules, despite concerns that the tobacco ban would have other
ramifications. "Many times, a person who smokes will come in and buy a package
of cigarettes and some other items," said Walgreen spokesman Michael Polzin. "So
we lose not only the tobacco sale, but those other items they also pick up on
the same shopping trip." The new rules also prohibit the opening of any new
cigar bars or hookah lounges. Owners and patrons of Boston's 11 cigar bars and
hookah lounges vocally opposed the new rules, which were amended to allow them
to continue operating for now. "We have to listen to people who made a
significant financial investment in the city," said John Cradock, chief
executive officer of the East Boston Neighborhood Health Center. "Even though
there will continue to be cigar bars in Boston, it's a very small number. There
won't be any more. I think that's the best we could do, frankly."
[Editor's note: To read the
Boston Public Health Commission Regulation Restricting the Sale of Tobacco
Products in the City of Boston, visit
http://www.bphc.org/board/pdfs/regs_TobaccoRestriction
Regulation_12-11-08.pdf.]
_____________________________4_____________________________
"Mad-cow-prevention rule poses
its own dangers"
Herald Times Reporter
(12/04/08) Michael Rubinkam
http://www.htrnews.com/article/20081204/MAN0101/812040553/1984
A new U.S. Food and Drug
Administration (FDA) rule, intended to prohibit the use of cattle brains and
spinal cords in livestock feed and pet food, may have unintended consequences
for human health. The rule, set to take effect in April, is designed to
eliminate the risk of bovine spongiform encephalopathy, or mad cow disease,
which is thought to be spread by feeding the nervous tissue of infected cattle
to other cattle, livestock, or pets. Mad cow disease has been linked to more
than 150 human deaths worldwide. The FDA rule will change how farmers handle
dead cattle. One of the most common methods is to send the carcasses to
rendering plants, where they might be turned into pet food, soaps, cosmetics,
toothpaste, lubricants, and other products. Some plants have announced they will
no longer accept cattle carcasses because of the high cost of removing the
nervous tissue. Instead of sending carcasses to rendering plants, farmers may
simply bury them on their property or let them rot in the open, where some
industry officials and regulators say they might become reservoirs for germs,
attract vermin, and pollute water supplies. The new rule is expected to reduce
the number of cattle processed by rendering plants by 500,000 to 800,000
annually.
_____________________________5_____________________________
"Press council issues new
guidelines for reporting HIV"
Indo-Asian News Service
(11/17/08) F. Ahmed
http://www.thaindian.com/newsportal/uncategorized/new-guidelines-for-media-while-reporting-
on-hivaids-lead_100120199.html
The Press Council of India
(PCI) has issued revised guidelines on HIV and AIDS reporting to ensure more
balanced and accurate media coverage of such issues. The new rules were
developed with assistance from UNAIDS following a suit filed by the National
Network of Positive People regarding a media story about two HIV-infected
children, one of whom was subsequently discriminated against. PCI's new rules
require journalists not to sensationalize stories or use hidden cameras, and to
avoid using images of sick and dying people. The guidelines also require writers
to "[u]phold confidentiality and obtain informed consent. Journalists should not
disclose the identity of the person infected with HIV unless they have specific
permission to do so. Whenever possible, they should get written consent."
Children, in particular, should not have their identities revealed. The
guidelines also educate journalists on the proper terminology to use when
discussing HIV or AIDS, and encourage them to not promote "myths" about
prevention and transmission of the virus, or to raise false hopes by reporting
on cures that have no scientific validity.
[Editor's note: To read the new
Press Council of India guidelines on AIDS and the Media, visit
http://www.ngogateway.org/ngo/bitstream/1/716/1/Guidelines on HIVAIDS and
Media.doc.]
_____________________BRIEFLY NOTED______________________
California: New regulation
requires soot traps for high-polluting diesel trucks by 2011
"California brings heavy-duty
diesels under clean air rules"
Sacramento Bee (12/13/08)
http://www.sacbee.com/capitolandcalifornia/story/1470828.html
California: Suit seeks civil
monetary penalties for alleged harm to public
"Los Angeles sues imprisoned
street-gang leaders"
Wall Street Journal
(12/09/08) John R. Emshwiller
http://online.wsj.com/article/SB122878250225489839.html
Connecticut: State enacts
safety standards to protect against allergic reactions
"Connecticut takes on slippery
olive oil standards"
Associated Press
(11/21/08) Susan Haigh
http://www.google.com/hostednews/ap/article/ALeqM5hlovVVIGOiGxMZsAQ_Ufn7XP6unwD94JJVH00
Gulf Coast: Court hears
arguments on class action, expert testimony on formaldehyde
"Storm victims seek class
action over trailer fumes"
Associated Press
(12/02/08) Michael Kunzelman
http://www.kdbc.com/Global/story.asp?S=9446395&nav=menu608_2_5
Illinois: Plaintiff says
medical center should have informed of donor's high-risk behavior
"Woman who got HIV in
transplant sues Ill. hospital"
Associated Press
(11/17/08) Mike Robinson
http://archives.chicagotribune.com/2008/nov/17/health/chi-ap-il-aids-transplant
Indiana: Guard members say firm
knew Iraq site contaminated with carcinogen
"Ind. soldiers sue over
chemical exposure in Iraq"
Associated Press
(12/04/08) Charles Wilson
http://www.google.com/hostednews/ap/article/ALeqM5gtE1vHAn6xmE8UE1iCi2k_Jsd4gQD94RFF9O0
Kentucky: 20th judicial
district offers innovative program to prevent drug abuse
"Judge develops take-home drug
testing kits"
Associated Press (12/14/08)
http://www.kentucky.com/181/story/625739.html
Louisiana: Water supply systems
have until March to make plans to fluoridate
"Law requires fluoridation --
if state foots bill"
News Star (12/15/08)
Make Hasten
http://www.thenewsstar.com/article/20081215/NEWS01/812150307/1002
Massachusetts: Federal law
requires public pools install covers over drains by December 19
"New law may close public
pools"
The Republican
(12/11/08) Nancy Gonter
http://www.masslive.com/springfield/republican/index.ssf?/base/news-18/12289864573238
70.xml&coll=1
New York: Workers with
respiratory illnesses claim breathing masks not given
"Ground Zero lawsuits are to
begin in 2010"
New York Times
(12/11/08) Mireya Navarro
http://www.nytimes.com/2008/12/11/nyregion/11dust.html
Ohio: Breath-testing machine
approved by legislative committee
"Ohio OKs use of controversial
Intoxilyzer 8000 breath-alcohol tester"
Plain Dealer (12/09/08)
Reginald Fields
http://www.cleveland.com/news/index.ssf?/base/news/1228815084101420.xml&coll=2
Washington: Woman prosecuted
for illegal monkey posing potential danger to public
"Woman 'pregnant' with monkey
convicted of smuggling"
CNN.com (12/09/08)
http://www.cnn.com/2008/CRIME/12/09/monkey.smuggling/index.html
National: Commission drops
flawed Cambridge Filter Method
"FTC tosses guidance on tar,
nicotine in cigarettes"
Associated Press
(11/27/08) Kevin Freking
http://news.yahoo.com/s/ap/20081127/ap_on_go_ot/tobacco_ftc
National: Advocates' efforts to
fight superbug result in hospital disclosure, screening laws
"MRSA: Patients revolt against
hospital secrecy"
Seattle Times
(11/18/08) Michael J. Berens and Ken Armstrong
http://seattletimes.nwsource.com/html/localnews/2008403751_mrsaday3m0.html
National: Companies test-market
cigarette replacement products
"New tobacco product alarms
some health officials"
Associated Press
(11/24/08) Vicki Smith
http://www.google.com/hostednews/ap/article/ALeqM5h0YgXY3aFBnz113DA-cCxPG-Ng8gD94KRT002
Canada: Thousands claim health
services reused syringes
"Class-action lawsuit launched
over reused syringes in Canada"
Xinhua (11/23/08)
http://news.xinhuanet.com/english/2008-11/23/content_10398144.htm
Canada: Manitoba law took
effect December 1
"New law forces hospitals to
report gunshot, stab wounds"
Canadian Press (11/28/08)
http://www.portagedailygraphic.com/ArticleDisplay.aspx?e=1321545
China: Smuggling increases
since chick imports curb imposed
"Smuggled fertilized eggs
dodging bird flu control measures, say trade sources"
South China Morning Post
(12/11/08) Ella Lee and Martin Wong
http://www.scmp.com/portal/site/SCMP/menuitem.2c913216495213d5df646910cba0a0a0/?vgnextoid=07ec155c2912e110VgnVCM100000360a0a0aRCRD&vgnextfmt=teaser&ss=Hong
+Kong&s=News
Russia: Lower house votes to
lower tar, nicotine content, place health warnings on packs
"Russia passes new restrictions
on tobacco"
Associated Press (12/03/08)
http://www.google.com/hostednews/ap/article/ALeqM5gQ43zVdUkxeoIpXk92yueK3UwA2wD94RBSJO0
Taiwan: Amendment would
establish vaccine fund, implementation of inoculation policies
"National Vaccine Fund passes
first review in legislature"
Central News Agency
(12/10/08) Emmanuelle Tzeng
http://www.cnanews.gov.tw/eng/cepread.php?id=200812100028
United Kingdom: Machines blamed
for giving teens easy access to cigarettes
"Under-18s banned from using
cigarette vending machines"
Evening Standard
(12/09/08) Sophie Goodchild
http://www.thisislondon.co.uk/standard/article-23598912-details/Under-18s+banned+from+using+cigarette+vending+
machines/article.do
Zimbabwe: Cholera cases
increase in 9 of 10 provinces
"Zimbabwe declares cholera
national emergency"
CNN.com (12/04/08)
http://edition.cnn.com/2008/HEALTH/12/04/zimbabwe.cholera.emergency/index.html
Obituary
Connecticut: Professor explored
boundaries between law, medicine, psychology, ethics
"Dr. Jay Katz, 86, dies;
explorer of ethics issues"
New York Times
(11/20/08) Dennis Hevesi
http://www.nytimes.com/2008/11/20/nyregion/20katz.html
___________________JOURNAL ARTICLES____________________
"Trade and health: how World
Trade Organization law affects alcohol and public health"
Addiction (12/08) Ben
Baumberg and Peter Anderson
http://www.ingentaconnect.com/content/bsc/add/2008/00000103/00000012/art00012 (subscription required)
"The scientific basis for law
as a public health tool"
American Journal of Public
Health (01/09) Anthony D. Moulton and others
http://www.ajph.org/cgi/content/abstract/AJPH.2007.130278v1 (subscription required)
"Healthcare infections
associated with care and treatment of humans and animals"
Emerging Infectious
Diseases (12/08) James Gibson and other
http://www.cdc.gov/eid/content/14/12/e1.htm
"...The impact of laws regulating
tobacco consumption on the prevalence of passive smoking..."
European Journal of Public
Health (12/08) Carlos Jiménez-Ruiz and others
http://eurpub.oxfordjournals.org/cgi/content/abstract/18/6/622 (subscription required)
"The European data protection
legislation and its consequences for public health monitoring"
European Journal of Public
Health (12/08) Marieke Verschuuren
http://eurpub.oxfordjournals.org/cgi/content/short/18/6/550 (subscription required)
"After the Master Settlement
Agreement: targeting ... of youth to magazine tobacco advertising"
Health Affairs
(09/30/08) Hillel R. Alpert and others
http://content.healthaffairs.org/cgi/content/abstract/hlthaff.27.6.w503 (subscription required)
"Estimating the lost benefits
of antiretroviral drug use in South Africa"
JAIDS (12/01/08) Pride
Chigwedere and others
http://www.jaids.com/pt/re/jaids/abstract.00126334-200812010-00010.htm;jsessionid=JHkL1
RyCLSTvxGW1672qVpXJJGPctYLN5ZFLp6FvSnNXKTRlJwVq!-595418120!181195629!8091!-1
___________________COURT OPINIONS____________________
Nebraska: Newborn screening
laws not constitutional; failure to test does not establish neglect
In re Interest of Joel Anaya
Supreme Court of Nebraska
No. S-07-1136
Filed December 5, 2008
Opinion by Judge Lindsey
Miller-Lerman
http://www.supremecourt.ne.gov/opinions/2008/december/dec5/s07-1136.pdf
Rhode Island: Court rules on
motions in lead poisoning case
Maldonado v. Jorge
Superior Court of Rhode Island,
Providence
C.A. No. PC 02-5468
Filed December 5, 2008
Opinion by Judge Alice Gibney
http://www.courts.ri.gov/superior/pdf/Maldonado%20v%20Jorge%20PC%2002-5468%20
Final%20(kt).pdf
Wisconsin: Lead paint maker
found not to have intentionally caused public nuisance
City of Milwaukee v. NL
Industries
Court of Appeals of Wisconsin,
District One
No. 2007AP2873
Filed November 25, 2008
Opinion by Presiding Judge
Patricia Curley
http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=34709
Federal: Labeling Act does not
preempt state claims against "light" cigarettes
Altria Group, Inc. v. Good
Supreme Court of the United
States
No. 07-562
Filed December 15, 2008
Opinion by Justice John Paul
Stevens
http://www.supremecourtus.gov/opinions/08pdf/07-562.pdf
Federal: Motion to certify
class of people who bought Teflon-coated cookware denied
In re Teflon Products
Liability Litigation
U.S. District Court for the
Southern District of Iowa Central Division
Civil No. 4-06-md-01733
Filed December 5, 2008
Opinion by Judge Ronald
Longstaff
http://www.iasd.uscourts.gov/iasd/opinions.nsf/55fa4cbb8063b06c862568620076059d/038942f
8441af2c486257519005a305d/$FILE/Teflon.cla.pdf
Federal: Tort Claims Act does
not preclude Bivens action against PHS employee
Castaneda v. USA
U.S. Court of Appeals for the
Ninth Circuit
No. 08-55684
Filed October 2, 2008
Opinion by Judge Milan Smith
Jr.
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7F7E9192E1E140B6882574D5008046D0/$file/
0855684.pdf?openelement
__________PHL NEWS QUOTATION OF THE WEEK___________
"I think I'd rather throw up in
my mouth."
-- Ethan Flint, 18 year-old
West Virginia University student, on snus, a tobacco product companies hope will
replace cigarettes. A snus is a tea bag-like pouch of smokeless tobacco tucked
between the cheek and gum. Unlike chewing tobacco, the juice is intended to be
swallowed. [See Briefly Noted item, above.]
___________________________________________________________
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The News is published by
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Editorial Advisor.
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