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Anne Murphy Chief Counsel Illinois Department of Public Health

BIOTERRORISM AND LEGAL ISSUES: THE ILLINOIS EXPERIENCE NGA REGIONAL BIOTERRORISM WORKSHOP January 12, 2004. Anne Murphy Chief Counsel Illinois Department of Public Health. OVERVIEW . ILLINOIS HAS BROAD, TRADITIONAL STATUTORY POWERS REGARDING PUBLIC HEALTH ISSUES

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Anne Murphy Chief Counsel Illinois Department of Public Health

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  1. BIOTERRORISM AND LEGAL ISSUES:THE ILLINOIS EXPERIENCENGA REGIONAL BIOTERRORISM WORKSHOPJanuary 12, 2004 Anne Murphy Chief Counsel Illinois Department of Public Health

  2. OVERVIEW • ILLINOIS HAS BROAD, TRADITIONAL STATUTORY POWERS REGARDING PUBLIC HEALTH ISSUES • Public health powers and duties • Communicable disease code • Health facilities licensure • Environmental health

  3. OVERVIEW • STATE DPH/LOCAL HEALTH DEPARTMENTS • Almost 100 counties, virtually all of which have LHDs • Some municipalities also have LHDs • Certain jurisdictions are home rule • Under state law, LHDs must comply with and implement DPH laws and rules; IDPH also a grant funder

  4. OVERVIEW • RECENT EVENTS HAVE CAUSED ILLINOIS POLICYMAKERS TO FOCUS ON THESE TRADITIONAL PUBLIC HEALTH LAWS, AS THEY RELATE TO PUBLIC HEALTH EMERGENCIES • 9/11 • Federal grant funding • TOPOFF 2 exercise

  5. RECENT EVENTS HAVE CAUSED ILLINOIS POLICYMAKERS TO FOCUS ON THESE TRADITIONAL PUBLIC HEALTH LAWS, AS THEY RELATE TO PUBLIC HEALTH EMERGENCIES • Monkeypox • SARS • Smallpox vaccination program

  6. OVERVIEW • SEVERAL SIGNIFICANT DEVELOPMENTS HAVE OCCURRED • The Model Legislation has been introduced, but has not moved through the legislature • IDPH now has dedicated legal staff focused on emergency powers issues • An interdisciplinary legal team was created for TOPOFF 2, IDPH chaired

  7. OVERVIEW • In preparation for TOPOFF 2, a detailed gap analysis was conducted and mock Executive Orders were prepared • After TOPOFF 2, the legal team has continued to meet to develop gap legislation (pending), at the request of the Governor’s Office • A draft LHD mutual aid agreement has been developed

  8. OVERVIEW • Under CDC leadership, a forensic epidemiology program has been launched • In connection with the smallpox vaccination program, customized information/consent materials were prepared; injury compensation issues were addressed

  9. OVERVIEW • In connection with monkeypox, intensive coordination with our Department of Agriculture, and with federal authorities • In connection with SARS, coordination regarding possible isolation/quarantine with Attorney General’s Office, county and municipal authorities, judiciary

  10. AREAS OF THE LAW NEEDING CONTINUED FOCUS • FEDERAL VS. STATE VS. LOCAL JURISDICTION • ISOLATION AND QUARANTINE • Post-deprivation rights • Right to counsel • Clinical evidence • Groups of individuals

  11. AREAS OF THE LAW NEEDING CONTINUED FOCUS • REPORTING/RELEASE OF MEDICAL INFORMATION • Provider reporting to public health • Public health/law enforcement exchange of information • HIPAA issues, confusion

  12. AREAS OF THE LAW NEEDING CONTINUED FOCUS • LICENSURE/CERTIFICATION ISSUES • Scope of practice limitations for professionals • Out of state professionals • Use of unlicensed personnel

  13. AREAS OF THE LAW NEEDING CONTINUED FOCUS • Hospital emergency privileges • EMTALA issues • Licensure of federal assets

  14. AREAS OF THE LAW NEEDING CONTINUED FOCUS • EMERGENCY MANAGEMENT ISSUES • Disaster declaration • Suspension of laws • EMAC Act • Liability issues

  15. AREAS OF THE LAW NEEDING CONTINUED FOCUS • INFORMED CONSENT • Emergencies • Vaccinations, experimental treatment • INJURY COMPENSATION • Workers compensation • Federal law

  16. AREAS OF THE LAW NEEDING CONTINUED FOCUS • EXTRAORDINARY POWERS • Closure of facilities, control of property • Emergency purchasing authority • Disposition of human remains • Mandated testing, examinations, treatment, monitoring • Cordon sanitaire

  17. KEY PRACTICAL OBSERVATIONS • INTEGRATE FEDERAL/STATE/LOCAL AND INTERDISCIPLINARY LEGAL PERSPECTIVES • Public health • Emergency management • Law enforcement • Agriculture

  18. KEY PRACTICAL OBSERVATIONS • Professional Regulation • Attorney General’s Office • USAG • Environmental Protection • Judiciary

  19. KEY PRACTICAL OBSERVATIONS • CREATE AN INFRASTRUCTURE • BRIDGE COMMUNICATION GAPS • FOCUS ON EDUCATION, LEGISLATIVE AND REGULATORY CHANGES, MUTUAL AID AGREEMENTS

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