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Bioterrorism and Legal Issues: The New Mexico Experience

Bioterrorism and Legal Issues: The New Mexico Experience. NGA Regional Bioterrorism Workshop San Francisco, California May 13-14, 2004. Clifford M. Rees Assistant General Counsel New Mexico Department of Health. New Mexico Has Broad Statutory Powers Regarding Public Health Issues.

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Bioterrorism and Legal Issues: The New Mexico Experience

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  1. Bioterrorism and Legal Issues: The New Mexico Experience NGA Regional Bioterrorism Workshop San Francisco, California May 13-14, 2004 Clifford M. Rees Assistant General Counsel New Mexico Department of Health

  2. New Mexico Has Broad Statutory Powers Regarding Public Health Issues Public Health Act (Emergency powers contained in the Act originate from the Laws of 1919, Chapter 85, Section 10) Additional Powers include: • Health Facility Licensure • Disease Reporting • Involuntary Detention for Threatening Communicable Diseases

  3. New Mexico Has Broad Statutory Powers Regarding Public Health Issues EMS Act Provisions include: • Licensure of EMTs • Air Ambulance Certification • Trauma Care System Designation • Other Provisions

  4. New Mexico Has Broad Statutory Powers Regarding Public Health Issues Other Acts • Primary Care • Immunizations • Harm Reduction • Vital Statistics

  5. Public Health Law Modernization Model State Public Health Privacy Act (October,1999) www.critpath.org/msphpa/privacy.htm Model State Public Health Act (September, 2003) www.turningpointprogram.org/Pages/MSPHAfinal.pdf

  6. NM Department of Health (DOH) Centralized Public Health System • Central Office (Santa Fe) • 4 District Health Offices • 53 Local Health Offices • All staffed by State employees

  7. Events Triggering Increased Focus on Public Health Emergency Preparedness Y2K Roll out of DOH’s revised Emergency Operations Plan (EOP) September, 1999 • Tour of State Emergency Operations Center (EOC) • Introduction to Incident Command System (ICS) • Infectious Disease Scenario

  8. Cerro Grande Fire - Los Alamos, NM May, 2000 • First Use of ICS by DOH • First FEMA grant for Crisis Counseling Assistance under the Stafford Act administered by DOH

  9. Events of 9/11 Anthrax Attacks – October 2001 CDC/HRSA Federal funding initiatives 2002-Present Smallpox Vaccination Program – 2002-2003 SARS Outbreak – 2002-2003

  10. Legal Developments Model State Emergency Health Powers Act (Fall, 2001) www.publichealthlaw.net/MSEHPA/MSEHPA2.pdf www.ncsl.org/programs/health/modelact.pdf NM Interim Legislative Health and Human Services Committee (November 27, 2001) Tri-Agency Attorney Emergency Management Workgroup (December, 2001)

  11. 2002 “Short”Legislative Session -Senate Bill 136(Passed) Approval of in-state and out-of state licensees -Senate Bill 149 (Passed) Emergency Procurement -House Bill 261 (Passed) Review and update State All-Hazard Plan Conduct emergency tests

  12. 2002 “Short”Legislative Session Senate Joint Memorial 62/House Joint Memorial 34 • DOH, Department of Public Safety, Attorney General’s Office to convene a work group to evaluate state emergency powers • Obtain input from public, other state agencies and interested parties • Report back to an interim committee of the Legislature by the Fall of 2002

  13. SJM 62/HJM 34 Process (2002-2003) Senate Joint Memorial 62/House Joint Memorial 34 • 8 Town Hall Public Meetings Statewide • 2 State Agencies Meetings • Interested Parties Outreach NM ACLU, NM Health and Hospital Systems Assn., NM Foundation for Open Government, NM Press Assn., Five Sandoval Tribes, Health Law Section of State Bar

  14. SJM 62/HJM 34 Process (2002-2003) Senate Joint Memorial 62/House Joint Memorial 34 • 4 Interim Legislative Committee Hearings • Legal Consultants Institute of Public Law – University of New Mexico James G. Hodge, Jr., J.D, L.L.M.- Johns Hopkins University, Bloomberg School of Public Health

  15. Whom Did We Forget? The New Mexico Trial Lawyers Association

  16. SJM 62/HJM 34 Process (2002-2003) Final Report and Executive Summary DOH Website: http://www.health.state.nm.us

  17. 2003 “Long”Legislative Session • House Bill 231 (Passed) Public Health Emergency Response Act • House Bill 254 (Passed) Amend the NM Inspection of Public Records Act to protect confidentiality of tactical response plans and risk assessments • House Bill 232 (DOA) Emergency Powers Code • House Bill 253 (DOA) Amend the NM Riot Control Act to explicitly provide for forced evacuation

  18. New Public Health Emergency Powers House Bill (HB) 231 Public Health Emergency Response Act (PHERA), Sections 12-10A.-1., et seq., NMSA 1978, (Laws of 2003, Chapter 218) Located on New Mexico Legislature’s website - www.legis.state.nm.us Click on Bill Finder, 2003 Regular Session, House Bill (HB) 231, Final Version

  19. Distinct Features of the PHERA • Enhanced Public Health Advisory • Rights of Household and Family Members • Mental Health Counseling • Compensation • Job Protection • Memorandum of Understanding with • Tribes and Pueblos • Cross References to Public Health Act

  20. 2004 “Short”Legislative Session • House Bill 22 (DOA) Emergency Powers Code • House Bill 98 (DOA) Interstate Compact on Threatening Communicable Diseases • House Bill 108 (DOA) Emergency Prescriptive Authority

  21. Current Legal Focus • DOH full-time dedicated attorney for public health emergency preparedness funded through CDC Cooperative Agreement (March 1, 2004 – Present) • NM Legal Framework for Public Health Emergency Preparedness PowerPoint (July, 2003 – Present) • Based on CDC/Center for Law and the Public’s Health PowerPoint piloted at the CDC Public’s Health and the Law in the 21st Century Conference, Atlanta, Ga., June 17, 2002. (Approximately 20 presentations statewide to 600 people)

  22. Current Legal Focus • NM Emergency Preparedness Legal Handbook (in progress) • Illinois TOPOFF 2 Legal Team Handbook (April, 2003) • “Communicable Disease Control Measures in Texas: A Guide for Public Health Authorities in a Public Health Emergency” (2002) • www.tdh.state.tx.us/phpep.ila

  23. Current Legal Focus • CDC Public Health Law Program Initiatives • Forensic Epidemiology Course • Community Public Health Legal • Preparedness Course

  24. CONCLUSIONS • Bridge Communication Gap • Interdisciplinary Cooperation • Statutory and Regulatory Changes • Be Proactive

  25. Websites New Mexico Legislative Council Service www.legis.state.nm.us Centers for Disease Control and Prevention www.cdc.gov Public Health and Preparedness Response www.bt.cdc.gov Public Health Law Program www.phppo.cdc.gov/od/phlp The Center for the Law and the Public’s Health www.publichealthlaw.net

  26. Websites Health Insurance Portability and Accountability Act of 1996 (HIPAA) www.hhs.gov/ocr/hipaa/ Model Intrastate Mutual Aid Legislation-National Emergency Management Association www.nemaweb.org Emergency Management Assistance Compact www.emacweb .org

  27. Clifford M. Rees Assistant General Counsel Office of General Counsel New Mexico Department of Health P.O. Box 26110 Santa Fe, New Mexico 87502-6110 Ph: (505) 476-7725 cmrees@health.state.nm.us

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