Public Health Grand Rounds
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A Menu of Suggested
Provisions for
Public Health Mutual Aid Agreements
Agreement Purpose
or Background
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Descriptive Note
The initial paragraphs of an agreement often serve to introduce
the subject matter of the agreement, provide background information,
state the agreement’s purpose, or cite to the legal authority underlying
the agreement. In many instances, these sorts of provisions are
not designed to create obligations, but to simply "set the stage”
for the agreement. Provisions of this type may have a "political”
motivation in that the primary intent may be to educate or persuade
interested persons or entities not directly involved in developing
the agreement concerning the issues to be addressed or benefits
to be gained through the agreement. Such interested persons or entities
might include legislators, chief government executives, the private
sector, or other government jurisdictions or agencies.
Optional sample provisions
Providing background information or "setting the stage":
The prompt, full and effective utilization of resources of the
participating jurisdictions, including any resources on hand
or available from any other source, that are essential to the
safety, care, and welfare of the people in the event of any
emergency or disaster declared by a Party shall be the underlying
principle on which all articles of this Agreement shall be understood.
- The Parties realize that influenza pandemics have occurred
three times in the last century, and history and science suggest
that the world could face one or more pandemics in this century.
The Parties further recognize that a pandemic could cause severe
illness, death, and disruption throughout the world, and outbreaks
can occur in many different locations all at the same time.
Stating a general purpose or intent:
- The intent of this Agreement is to make equipment, personnel
and other resources available to other Parties to the Agreement.
- The purpose of this Agreement is to protect the public health
by providing mutual aid, and by establishing procedures in operating
plans that will facilitate such aid.
- The purpose of this Agreement is to provide for mutual aid
and assistance between the Parties entering into the Agreement
when the resources normally available to a Party are not sufficient
to cope with a situation which requires public health action.
The public’s health and well being will best be protected through
the concerted efforts of multiple public health agencies providing
assistance to one another. The promotion and coordination of
this assistance through this Agreement is desirable for the
effective and efficient provision of mutual aid and assistance.
Stating a purpose relating to public health emergencies:
- The purpose of this Agreement is to create a system of mutual
aid between the Parties. Each Party recognizes that public health
emergencies transcend political jurisdictional boundaries and
that intergovernmental coordination is essential for the protection
of lives and for best use of available assets. The system shall
provide for mutual assistance among the Parties in the prevention
of, response to, and recovery from, any public health emergency.
Stating a purpose relating to an emergency declared by the governor
[Such a declaration may trigger activation of the Emergency Management
Assistance Compact (EMAC). Mutual aid agreements intended to be
operational during a declared emergency should be supplementary
to and consistent with the provisions of EMAC, which has been enacted
in all states and territories]:
- The purpose of this Agreement is to provide for mutual assistance
between the Parties in managing any emergency or disaster that
is duly declared by the governor, whether arising from natural
disaster, infectious disease outbreak, technological hazard,
man-made disaster, community disorder, insurgency, terrorism,
or enemy attack.
Stating a purpose regarding particular resources:
- The purpose of this Agreement is to facilitate sharing of
public health related data, both individually identified and
population-related, between Parties for the purpose, and no
additional purpose, of preventing, detecting, or responding
to a public health event, thus assuring prompt and effective
identification of infectious disease and other agents that could
affect public health, and to prevent further spread of disease.
Stating a "surge capacity” purpose:
- The primary goal of the collaborative approach between the
Parties is to respond to surge capacity demands on public health
systems and health resources efficiently when public health
emergencies arise.
Stating a "surge capacity” purpose regarding particular resources:
- The purpose of this Agreement is to address surge capacity.
The Agreement describes the levels and sharing of laboratory
services, procedures, responsibilities and reimbursement for
laboratory testing, training and identification of infectious
diseases and/or suspected bioterrorism select agents.
Stating legal authority:
- This Agreement is made pursuant to (citation to relevant
legal authority).
- The Parties have authority to enter into this Agreement
pursuant to (citation to relevant legal authority).
- Party A is (description of Party A’s roles and responsibilities
under applicable laws).
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