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Click here for more information about the April 28, 2009 call. CDC’s Public Health Law Program has developed this new, foundational course on public health law as a learning resource for public health practitioners, students, and others. |
2009 H1N1 Flu Legal Preparedness
Pandemic Influenza Legal Preparedness Tools
Federal Legal ActionsU.S. Department of Health and Human Services, Determination that a Public Health Emergency Exists (April 26, 2009). 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.
State Legal ActionsCalifornia
Florida
Department of Health,
Declaration of Public Health Emergency Supplemental Order #02, (May 5, 2009).
Department of Health,
Declaration of Public Health Emergency, (May 1, 2009).
Iowa
Maine
Nebraska New York Texas
Virginia
Wisconsin State Legal ToolsFlorida North Carolina 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 ActionsWorld 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 SourcesDavid Fidler, The Swine Flu Outbreak and International Law, 13 ASIL Insights (April 27, 2009). PresentationsU.S. Senate Committee on Homeland Security and Governmental Affairs held a hearing entitled “Swine Flu: Coordinating the Federal Response,” at 10:00 a.m. ET, on April 29, 2009, at the Dirksen Senate Office Building. A video archive of the hearing, featuring DHS Secretary Janet Napolitano and CDC Interim Deputy Director for Science and Public Health Program, Rear Admiral Anne Schuchat, is available at http://hsgac.senate.gov/public/index.cfm?Fuseaction=Hearings.Detail&HearingID=2a681099-9864-4f0d-b533-7dd2489f65ec. Disclaimer: Please note that this information is not legal advice. Any questions regarding the application of specific laws should be directed to your official legal counsel. |
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