2009 H1N1 Flu Legal Preparedness

The recent outbreak of A/H1N1 “swine flu” in the United States and countries around the world has triggered public health emergency legal responses in many jurisdictions and sectors. Please visit this page regularly for current information about legal actions and other relevant legal information as it becomes available. Email Rachel Weiss (rweiss@cdc.gov) to share relevant legal information. On This Page Legal Preparedness Tools Federal Legal Actions State Legal Actions State Legal Tools International Legal Actions Secondary Sources Presentations

Pandemic Influenza Legal Preparedness Tools

• "Strengthening the Coordination of Public Health and Law Enforcement during an Influenza Pandemic" a case study developed for Forensic Epidemiology (3.0)
• Guide for Developing an MOU for Public Health, Law Enforcement, Corrections, and the Judiciary
• Community Pan-Flu Preparedness: A Checklist of Key Legal Issues for Healthcare Providers
• Social Distancing Law Assessment Template

Federal Legal Actions

U.S. Department of Health and Human Services, Determination that a Public Health Emergency Exists (April 26, 2009).
Acting Secretary Charles E. Johnson announced the determination that a public health emergency exists as a consequence of confirmed cases of H1N1 Influenza in four U.S. states. Johnson acted pursuant to his authority under the Public Health Service Act § 319 (42 U.S.C. § 247d).
(posted 4/29/09)

U.S. Food and Drug Administration, FDA Authorizes Emergency Use of Influenza Medicines, Diagnostic Test in Response to Swine Flu Outbreak in Humans, (April 27, 2009). FDA has issued Emergency Use Authorizations, pursuant to its authority under the Project BioShield Act (42 U.S.C. § 247d-6b), to make available to public health and medical personnel important diagnostic and therapeutic tools to identify and respond to the H1N1 Influenza virus. EUAs have been issued for oseltamivir (Tamiflu), zananivir (Relenza), the N95 respirator, and the swine flu test kit. More information is available at http://www.cdc.gov/h1n1flu/eua/fda_issuance_letters.htm.
(posted 4/30/09)

 

State Legal Actions

California
Governor Arnold Schwarzenegger, State of Emergency – Swine Flu, (April 28, 2009).
Pursuant to his powers under the California Constitution and California Emergency Services Act (Cal. Government Code §§ 8448(b), 8625), the Governor has issued a proclamation in response to identified H1N1 Influenza cases in California.
(posted 4/29/09)

Florida
Department of Health, Declaration of Public Health Emergency Supplemental Order #01, (May 5, 2009).
The Florida Surgeon General has suspended Chapters 120 and 287, Florida Statutes, to the extent needed to procure any and all supplies of the antivirals Tamiflu and Relenza needed to cope with this emergency.
(posted 5/05/09)

Department of Health, Declaration of Public Health Emergency Supplemental Order #02, (May 5, 2009).
The Florida Surgeon General has suspended wholesale distribution permit requirements under Chapter 499 Part 1, Florida Statutes, to allow the wholesale distribution of Tamiflu and Relenza.
(posted 5/05/09)

Department of Health, Declaration of Public Health Emergency, (May 1, 2009).
The State Surgeon General has declared a public health emergency in response to confirmed cases of H1N1 influenza in two counties. (posted 5/4/09)

Iowa
Governor Chet Culver, Marshalltown Community Schools Closing, (May 2, 2009).
The Governor has declared a public health emergency in Iowa, following the confirmation of an H1N1 case in the state.
(posted 5/4/09)

Maine
Governor John E. Baldacci, Proclamation of a Civil Emergency Due to a Highly Infectious Agent, (April 29, 2009).
Pursuant to his authority under 37-B M.R.S.A. §§ 741, 742, 824, the Governor has issued a proclamation of civil emergency in response to identified cases of H1N1 influenza in Maine.
(posted 5/1/09)

Nebraska
Governor Dave Heineman, Proclamation, (April 30, 2009).
The Governor of Nebraska declared a state of emergency after one confirmed case in the state.
(posted 5/4/09)

New York
Governor David A. Paterson, Governor Paterson Activates Health Emergency Preparedness Plan; Puts State on ‘High Alert’ for Swine Flu, (April 26, 2009).
After eight confirmed cases of H1N1 Influenza in New York City, Governor Paterson activated the state’s emergency preparedness plan.
(posted 4/29/09)

Texas
Governor Rick Perry, Governor Perry Issues Disaster Proclamation for Swine Influenza, (April 29, 2009).
In response to confirmed cases of H1N1 Influenza in certain Texas jurisdictions, the Governor has announced that a public health emergency exists and has declared a state of disaster.
(posted 04/29/09)

Department of State Health Services, All Schools in Schertz District to Close, (April 26, 2009).
The Department announced that all 14 schools and two district facilities in this school district were to be closed immediately after the discovery of suspected H1N1 Influenza in that jurisdiction.
(posted 4/29/09)

Virginia
Governor Timothy Kaine, Governor Kaine Announces Precautions to Prepare Virginia to Respond to H1N1 Virus Outbreak, (April 27, 2009).
Prior to the confirmation of H1N1 cases in the state, Virginia Health Commissioner Karen Remley declared a public health emergency.
(posted May 4, 2009)

Wisconsin
Governor Jim Doyle, Executive Order #280, Relating to a Proclamation Declaring a Public Health Emergency, (April 30, 2009).
Pursuant to his authority under Wis. Stat. §§ 166.03(1)(b) and 321.39(1)(a), the Governor has issued a proclamation of civil emergency in response in Wisconsin.
(posted 5/01/09)

State Legal Tools

Florida
The Florida Department of Health has released the following draft orders suitable for use during the current outbreak:
Voluntary Home Quarantine Agreement
Quarantine to Residence Order
Quarantine to Residence Order (Non-Compliance)
Quarantine to Facility Order
Quarantine Detention Order
Quarantine of Facility Order
Building Quarantine Closure Order
Area Quarantine Closure Order

North Carolina
The North Carolina Department of Health and Human Services has released the following draft isolation order:
Isolation Order: Swine Influenza A(H1N1) Infection

The resources posted here for reference purposes were prepared by state agencies; they do not necessarily reflect the policy of CDC or of the federal government.

International Legal Actions

World Health Organization (WHO), Statement by WHO Director-General Dr. Margaret Chan, (April 25, 2009).
The Director-General has determined that the outbreak of H1N1 Influenza constitutes a public health emergency of international concern, pursuant to the International Health Regulations.
(posted 4/29/09)

Australia
Department of Health and Ageing, Australia Strengthens Border Surveillance for Swine Flu, (April 27, 2009).
The Commonwealth Chief Medical Officer, Professor Jim Bishop, has authorized the strengthening of border surveillance at airports, including requiring the captains of all planes arriving from the Americas to report to the Australian Quarantine Inspection Service.
(posted 4/29/09)

Canada
Public Health Agency of Canada, Government of Canada Provides Update on Prevention Measures Being Taken Regarding Human Swine Influenza, (April 28, 2009).
This News Release details actions taken by the Canadian government, including activating the Government’s emergency Operations Centre.
(posted 4/29/09)

Costa Rica
Presidente de la República Óscar Arias, Decretan Emergencia Sanitaria Nacional por Epidemia Humana de Fiebre Porcina, (April 28, 2009) (in Spanish).
The President of the Republic of Costa Rica has declared a public health emergency.
(posted 5/01/09)

Mexico
Presidente Felipe de Jesús Calderón Hinojosa, Decreto por el que se Ordenan Diversas Acciones en Materia de Salubridad General, para Prevenir, Controlar y Combatir la Existencia y Transmisión del Virus de Influenza Estacional Epidémica, (April 25, 2009) (in Spanish).
The President of Mexico has instructed the Ministry of Health to take action to control and combat H1N1 Influenza, including isolation of those identified as carrying the virus, and inspection of passengers.
(posted 4/29/09)

Secretario de Salud, José Ángel Córdova Villalobos, Suspensión de Clases en el Distrito Federal y el Estado de México por Influenza, (April 24, 2009) (in Spanish).
The Mexican Minister of Health has authorized the closure of schools in these jurisdictions.
(posted 4/29/09)

Secondary Sources

David Fidler, The Swine Flu Outbreak and International Law, 13 ASIL Insights (April 27, 2009).