Major Trends in Public Health Law and Practice: A Network National Report

Hodge J. G. Jr. , “The Intersection of Law, Science, and Policy to Protect the Public's Health [foreword],” Jurimetrics Journal 53, no. 3 (2013): 249–254.

The Network for Public Health Law, available at <http://www.networkforphl.org/> (last visited June 27, 2013).

The Robert Wood Johnson Foundation, “Our Work,” available at <http://www.rwjf.org/en/our-work.html> (last visited June 27, 2013).

The Robert Wood Johnson Foundation, Robert Wood Johnson Foundation and Partners Launch New Public Health Law Initiative, Press Release, September 2010, available at <http://www.rwjf.org/en/about-rwjf/newsroom/newsroom-content/2010/09/robert-wood-johnson-foundation-and-partners-launch-new-public-he.html> (last visited June 27, 2013).

The Network for Public Health Law, “Network Resources,” available at <http://www.networkforphl.org/network_resources/> (last visited June 27, 2013).

Bernstein J. , Regulatory Changes to HIPAA under HITECH and GINA, Network for Public Health Law, available at <http://www.networkforphl.org/_asset/y44fj6/HIPAA_fact-sheet2-20-13.pdf> (last visited June 27, 2013).

The Network for Public Health Law, “Webinar Series,” available at <http://www.networkforphl.org/network_resources/webinar_series/> (last visited June 27, 2013).

The Network for Public Health Law, “Network Resources,” available at <http://www.networkforphl.org/network_resources/> (last visited June 27, 2013).

Arias J. Barraza L. , Medical Marijuana Laws: Summary Matrix, Network for Public Health Law, available at <http://www.networkforphl.org/_asset/2h9v73/Western-Region-Table—Medical–Marijuana-Law-2.pdf> (last visited June 27, 2013).

Grimm N. Meneses C. , Anti-Bullying Statutes: 50 State Compilation, Network for Public Health Law, available at <http://www.networkforphl.org/_asset/khqyg6/50StateAntiBullyingStatutes41612FINAL.pdf> (last visited June 27, 2013).

Dachille K. , Environmental Health – Hydraulic Fracturing: Fact Sheet, Network for Public Health Law, available at <http://www.networkforphl.org/_asset/w74j2w/Fracking_Environmental_Impacts.pdf> (last visited June 27, 2013).

Patient Protection and Affordable Care Act, Pub. L. No. 111–148, § 2702, 124 Stat. 119, 318–319 (2010).

National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012).

State Children's Health Insurance Program, Pub. L. No. 105–33, § 4901, 111 Stat. 251, 552–570 (1997).

Centers for Disease Control and Prevention, “Smoking and Tobacco Use: Fast Facts,” available at <http://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/> (last visited June 27, 2013); U.S. Department of Health and Human Services, “The Health Consequences of Smoking: A Report of the Surgeon General,” available at <http://www.surgeongeneral.gov/library/reports/smokingconsequences/index.html> (last visited June 27, 2013).

Public Health Law Center, “Tobacco Control Legal Consortium,” available at <http://publichealthlawcenter.org/programs/tobacco-control-legal-consortium> (last visited June 27, 2013).

Public Health Law Center, Federal Regulation of Tobacco and Its Impact on the Retail Environment, available at <http://publichealthlawcenter.org/sites/default/files/resources/tclc-fs-fedreg-retail-environ-2012_0.pdf> (last visited June 27, 2013).

Public Health Law Center, Tobacco Tax Basics: An Introduction to Key Considerations for States, available at <http://publichealthlawcenter.org/sites/default/files/resources/tclc-fs-tobacco-tax-basics-2012.pdf> (last visited June 27, 2013).

Freiberg M. , “Options for State and Local Governments to Regulate Non-Cigarette Tobacco Products,” Annals of Health Law 407, no. 21 (2012): 407–445; Public Health Law Center, “Product Regulation,” available at <http://publichealthlawcenter.org/topics/tobacco-control/product-regulation> (last visited June 27, 2013).

Public Health Law Center, Creating Smoke-Free Affordable Housing, available at <http://publichealthlawcenter.org/sites/default/files/resources/tclc-guide-creatingsmokefree-affordable-housing-2012.pdf> (last visited June 27, 2013).

Centers for Disease Control and Prevention, “Community Transformation Grants,” available at <http://www.cdc.gov/communitytransformation/> (last visited June 27, 2013).

Hodge J. G. Jr. , “The Evolution of Law in Biopreparedness,” Biosecurity and Bioterrorism 10, no. 1 (2012): 38–48.

Hodge J. G. Jr. White L. C. , The Model State Emergency Health Powers Act, Summary Matrix, Network for Public Health Law, available at <http://www.networkforphl.org/_asset/80p3y7/Western-Region—MSEHPA-States-Table-8-10-12.pdf> (last visited June 27, 2013).

Hodge J. G. Jr. Hanfling D. Powell T. , “Practical, Ethical, and Legal Challenges Underlying Crisis Standards of Care,” Journal of Law, Medicine & Ethics 41, no. 1, Supp. 1 (2013): 50–55.

Federal Emergency Management Agency, President Obama Signs Louisiana Emergency Declaration, Press Release, August 27, 2012, available at <http://www.fema.gov/news-release/2012/08/27/president-obama-signs-louisiana-emergency-declaration> (last visited June 27, 2013).

Associated Press, “Obama Signs Emergency Declaration for N.J. Ahead of Hurricane Sandy,” New Jersey Online, October 29, 2012, available at <http://www.nj.com/news/index.ssf/2012/10/obama_signs_emergency_declarat.html> (last visited June 27, 2013).

Richter M. , “Dallas Mayor Declares Emergency over West Nile Virus,” Reuters, August 15, 2012, available at <http://www.reuters.com/article/2012/08/15/us-usa-health-westnile-idUSBRE87E0ZO20120815> (last visited June 27, 2013).

Kotz D. Conaboy C. , “Boston Declares a Flu Emergency,” Boston Globe, January 9, 2013, available at <http://www.bostonglobe.com/life-style/health-wellness/2013/01/09/boston-hospitals-and-nursing-homes-implement-stricter-measures-against-flu/RWiaz2w7qKATAClJegnW9I/story.html> (last visited June 27, 2013).

DesRoches C. M. Painter M. W. Jha A. K. , “Health Information Technology in the United States: Driving toward Delivery System Change, 2012,” Robert Wood Johnson Foundation, available at <http://www.rwjf.org/en/research-publications/find-rwjf-research/2012/04/health-information-technology-in-the-united-states.html> (last visited June 27, 2013).

Health Insurance Portability and Accountability Act, Pub. L. No. 104–191, 110 Stat. 1936 (1996).

45 C.F.R. §§ 164.500 et seq. (2011).

The Network for Public Health Law, “Health Information Data Sharing Requests,” available at <http://www.networkforphl.org/network_resources/legal_assistance_library/health_information_data_sharing_requests/> (last visited June 27, 2013).

Health Insurance Portability and Accountability Act, 78 Federal Register 5,566 (January 25, 2013) (amending 45 C.F.R. pts. 160 and 164).

See Bernstein , supra note 6.

Network for Public Health Law, “Newborn Screening Webinar Series,” available at <http://www.networkforphl.org/newborn_screening/> (last visited June 27, 2013).

Chrysler D. , “Revised FERPA Regulations May Impact Health Departments Access to Children's Contact Information,” Network for Public Health Law, available at <http://www.networkforphl.org/the_network_blog/2012/05/25/106/revised_ferpa_regulations_may_impact_health_departments_access_to_childrens_contact_information> (last visited June 27, 2013); Austin C. , “Sharing Student Health Information Between Schools and Public Health Departments,” Network for Public Health Law, available at <http://www.networkforphl.org/the_network_blog/2012/05/25/105/sharing_student_health_information_between_schools_and_public_health_departments> (last visited June 27, 2013).

Chrysler D. , “Disclosure of Identifiable Information by the Veterans Health Administration for Public Health Purposes,” Network for Public Health Law, available at <http://www.networkforphl.org/_asset/wq4c7z/VA-Claims-Privacy-.pdf> (last visited June 27, 2013).

Centers for Disease Control and Prevention, “Tracking and Reporting Food-borne Disease Outbreaks,” available at <http://www.cdc.gov/features/dsFood-borneOutbreaks/> (last visited June 27, 2013).

Centers for Disease Control and Prevention, “Obesity: Halting the Epidemic by Making Health Easier,” available at <http://www.cdc.gov/chronicdisease/resources/publications/aag/obesity.htm> (last visited June 27, 2013).

Public Health Law Center, “Access to Healthy Affordable Food,” available at <http://publichealthlawcenter.org/topics/healthy-eating/access-healthy-affordable-food> (last visited June 27, 2013).

Krueger J. , “Determining Foods Covered under Nutrition Assistance Programs Is Not Always a SNAP,” Network for Public Health Law, available at <http://www.networkforphl.org/the_network_blog/2011/11/02/67/determining_foods_covered_under_nutrition_assistance_programs_is_not_always_a_snap> (last visited June 27, 2013).

ChangeLab Solutions, “Healthy School Food Zone,” available at <http://changelabsolutions.org/childhood-obesity/healthy-school-food-zone> (last visited June 27, 2013).

ChangeLab Solutions, “Establishing a Farm-to-School Program: A Model School Board Resolution,” available at <http://changelabsolutions.org/publications/establishing-farm-school-program> (last visited June 27, 2013).

ChangeLab Solutions, “USDA Authority to Set Nutrition Standards for All Competitive Foods,” available at <http://changelabsolutions.org/publications/usda-nutrition-standards> (last visited June 27, 2013).

ChangeLab Solutions, “Food & Beverage Marketing,” available at <http://changelabsolutions.org/childhood-obesity/food-beverage-marketing> (last visited June 27, 2013).

Public Health Law Center, “Advertising Self-Regulation,” available at <http://publichealthlawcenter.org/topics/healthy-eating/advertising-self-regulation> (last visited June 27, 2013).

Public Health Law Center, “Food Marketing to Kids,” available at <http://publichealthlawcenter.org/topics/healthy-eating/food-marketing-kids> (last visited June 27, 2013).

ChangeLab Solutions, “Targeted Marketing of Junk Food to Ethnic Minority Youth,” available at <http://changelabsolutions.org/publications/junk-food-minority-youth> (last visited June 27, 2013).

ChangeLab Solutions, “First Amendment FAQs,” available at <http://changelabsolutions.org/publications/first-amendment-faqs> (last visited June 27, 2013).

Public Health Law Center, “Food Rating Systems,” available at <http://publichealthlawcenter.org/topics/healthy-eating/food-rating-systems> (last visited June 27, 2013).

ChangeLab Solutions, “Menu Labeling,” available at <http://changelabsolutions.org/publications/menu-labeling> (last visited June 27, 2013).

ChangeLab Solutions, “Healthy Food Retail,” available at <http://changelabsolutions.org/childhood-obesity/healthy-food-retail> (last visited June 27, 2013).

United States Department of Health and Human Services, “Health Food Financing Initiative,” available at <http://www.acf.hhs.gov/programs/ocs/resource/healthy-food-financing-initiative-0> (last visited June 27, 2013).

Double Up Food Bucks, “How It Works,” available at <http://www.doubleupfoodbucks.org> (last visited June 27, 2013).

Healthy Corner Store, “Network Home,” available at <http://www.healthy-cornerstores.org> (last visited June 27, 2013).

Marrow M. W. , Taxing Sugar Drinks: A Tool for Obesity Prevention, Cost Savings and Health Improvement, Public Health Law Center, available at <http://www.publichealthlawcenter.org/sites/default/files/resources/Taxing%20Sugar_Drinks_Public%20Health%20Law%20Center%20%20May%202011.pdf> (last visited June 27, 2013).

ChangeLab Solutions, “Incentives for Healthier Toy Giveaway Meals,” available at <http://changelabsolutions.org/news/incentives-healthier-toy-giveaway-meals> (last visited June 27, 2013).

ChangeLab Solutions, “Understanding Healthy Procurement,” available at <http://changelabsolutions.org/publications/healthy-procurement> (last visited June 27, 2013).

Dawkins S. , “Sodium Watch,” Network for Public Health Law, available at <http://www.networkforphl.org/the_network_blog/2013/01/14/156/sodium_watch> (last visited June 27, 2013).

Network for Public Health Law, “Raw Milk Products,” available at <http://www.networkforphl.org/network_resources/network_products/raw_milk_products/> (last visited June 27, 2013); Food and Drug Administration, Food Safety Modernization Act, Pub. L. No. 111–353, 124 Stat. 3885 (2011).

U.S. Department of Health and Human Services, Dietary Guidelines for Americans, 2010, 7th ed. (Washington, D.C.: U.S. Government Printing Office, 2010).

United States Surgeon General, National Prevention Strategy, available at <http://www.surgeongeneral.gov/initiatives/prevention/strategy/report.pdf> (last visited June 27, 2013).

American Taxpayer Relief Act of 2012, Title VII, Pub. L. No. 112–240, 126 Stat. 2313 (2013); Food, Conservation, and Energy Act of 2008, Pub. L. No. 110–246, 122 Stat. 1651 (2008); Network for Public Health Law, “Farm Bill and Public Health Products,” available at <http://www.networkforphl.org/network_resources/network_products/farm_bill_and_public_health_products/> (last visited June 27, 2013).

Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111–296, 124 Stat. 3183 (2010); ChangeLab Solutions, The Healthy, Hunger-Free Kids Act of 2010, available at <http://changelabsolutions.org/publications/HHFKA-school> (last visited June 27, 2013).

Krueger J. , “The Farm Bill as a Resource for Strengthening Food Systems,” Clearinghouse Review: Journal of Poverty Law and Policy 46, nos. 5–6 (2012): 218–225.

Mississippi Legislature, Senate Bill 2687, 2013 Regular Session , available at <http://billstatus.ls.state.ms.us/2013/pdf/history/SB/SB2687.xml> (last visited June 27, 2013).

City of Cleveland v. State, 2013 Ohio 1186 (Ohio Ct. App. 2013).

U.S. Chamber of Commerce, National Chamber Litigation Center, available at <http://www.chamberlitigation.com/sites/default/files/cases/files/2013/Trial%20Court%20Decision%20and%20Opinion%20–%20NY%20Statewide%20Hispanic%20Coalition%20v.%20NY%20Health%20Board%20%28NY%20Supreme%20Court%29.pdf> (last visited June 27, 2013).

Turek v General Mills, 662 F.3d 423 (7th Cir. 2011); Ivie v. Kraft Foods Global, Inc., 2013 WL 685372 (N.D. Cal., San Jose Div., 2013).

ChangeLab Solutions, “Fact Sheets: Understanding Preemption,” available at <http://changelabsolutions.org/publications/understanding-preemption> (last visited June 27, 2013).

ChangeLab Solutions, “Why Food Policy Advocates Should Pay Attention to Tobacco Litigation,” available at <http://changelabsolutions.org/publications/tobacco-cases> (last visited June 27, 2013).

Jacobson v. Massachusetts, 197 U.S. 11 (1905).

Gostin L. O. , Public Health Law: Power, Duty, Restraint (Berkeley: University of California Press, 2008): At 116–128, 379–380.

National Conference of State Legislatures, “States with Religious and Philosophical Exemptions from School Immunization Requirements,” available at <http://www.ncsl.org/issues-research/health/school-immunization-exemption-state-laws.aspx> (last visited June 27, 2013).

Centers for Disease Control and Prevention, “State Immunization Laws for Healthcare Workers and Patients,” available at <http://www2a.cdc.gov/nip/StateVaccApp/statevaccsApp/default.asp> (last visited August 1, 2013).

Gostin L. O. , Public Health Law & Ethics: A Reader (Berkeley: University of California Press, 2010): At 378–379.

Ball S. W. , “Influenza Vaccination Coverage Among Health-Care Personnel – 2011–12 Influenza Season, United States,” MMWR 61, no. 38 (2012): 753–755; Nowalk M. P. , “Impact of Hospital Policies on Health Care Workers' Influenza Vaccination rates,” American Journal of Infection Control 41, no. 8 (2013): 697–701.

Orenstein D. G. Weidenaar K. , “Exemptions from School Immunization Requirements: Western Region Resource Table,” Network for Public Health Law, available at <http://www.networkforphl.org/network_resources/network_products/#westernvaccineexempt> (last visited June 27, 2013).

Jones C. M. Mack K. A. Paulozzi L. J. , “Pharmaceutical Overdose Deaths, United States, 2010,” JAMA 309, no. 7 (2013): 657–659; Warner M. “Drug Poisoning Deaths in the United States, 1980–2008,” National Center for Health Statistics, available at <http://www.cdc.gov/nchs/data/databriefs/db81.htm> (last visited June 27, 2013); Girion L. Glover S. Smith D. , “Drug Deaths Now Outnumber Traffic Fatalities in U.S., Data Show,” Los Angeles Times, September 17, 2011, available at <http://articles.latimes.com/2011/sep/17/local/la-me-drugs-epidemic-20110918> (last visited June 27, 2013).

Paulozzi L. J. Jones C. Mack K. Rudd R. , “Vital Signs: Overdoses of Prescription Opioid Pain Relievers – United States, 1999–2008,” MMWR 60, no. 43 (2011): 1487–1492.

Kim D. Irwin K. S. Khoshnood K. , “Expanded Access to Naloxone: Options for Critical Response to the Epidemic of Opioid Overdose Mortality,” American Journal of Public Health 99, no. 3 (2009): 402–407; Lagu T. Anderson B. J. Stein M. , “Overdoses among Friends: Drug Users Are Willing to Administer Naloxone to Others,” Journal of Substance Abuse Treatment 30, no. 2 (2006): 129–133; Wheeler E. , “Community-Based Opioid Overdose Prevention Programs Providing Naloxone – United States, 2010,” MMWR 61, no. 6 (2012): 101–105.

Burris S. , “Legal Aspects of Providing Naloxone to Heroin Users in the United States,” International Journal of Drug Policy 12, no. 2 (2001): 237–248; Beletsky L. , “Physicians' Knowledge of and Willingness to Prescribe Naloxone to Reverse Accidental Opiate Overdose: Challenges and Opportunities,” Journal of Urban Health 84, no. 1 (2007): 126–136.

Davis C. , Legal Interventions to Reduce Overdose Mortality: Naloxone Access and Overdose Good Samaritan Laws, Network for Public Health Law, available at <http://www.networkforphl.org/_asset/qz5pvn/network-nalox-one-10-4.pdf> (last visited June 27, 2013).

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World Health Organization, Developing Policies to Prevent Injuries and Violence: Guidelines for Policy-Makers and Planners, available at <http://www.who.int/violence_injury_prevention/publications/39919_oms_br_2.pdf> (last visited June 27, 2013).

Cantu R. C. , “Second-Impact Syndrome,” Clinical Sports Medicine 17, no. 1 (1998): 37–44.

Wash. Rev. Code § 28A.600.190

Marvez A. , “Lystedt Lays Down Law on Concussions,” MSN, available at <http://msn.foxsports.com/nfl/story/zack-lystedt-bring-awareness-nfl-concussion-issue-lystedt-law-052012> (last visited June 27, 2013).

Lowrey K. M. , Youth Sport Concussion Laws: Fact Sheet, Network for Public Health Law, available at <http://www.networkforphl.org/_asset/7xwh09/StateLawsTableConcussions_2-19-13.pdf> (last visited June 27, 2013).

Mayer A. R. Ling J. M. Yang Z. , “Diffusion Abnormalities in Pediatric Mild Traumatic Brain Injury,” Journal of Neuroscience 32, no. 50 (2012): 17961–17969; Broglio S. P. Eckner J. T. Paulson H. L. Kutcher J. S. , “Cognitive Decline and Aging: The Role of Concussive and Subconcussive Impacts,” Exercise and Sport Sciences Reviews 40, no. 3 (2012): 138–144.

Public Health Accreditation Board, “Welcome to the Public Health Accreditation Board,” available at <http://www.phaboard.org/> (last visited June 27, 2013); National Indian Health Board, “Tribal Public Health Accreditation Project,” available at <http://nihb.org/public_health/accreditation.php> (last visited June 27, 2013); Robert Wood Johnson Foundation, “Eleven Health Departments First to Achieve National Accreditation,” available at <http://www.rwjf.org/en/about-rwjf/newsroom/newsroom-content/2013/02/eleven-public-health-departments-first-to-achieve-national-accredit.html?cid=xsh_rwjf_em> (last visited June 27, 2013); Public Health Accreditation Board, “What Is Accreditation?” available at <http://www.phaboard.org/accreditation-overview/what-is-accreditation/> (last visited June 27, 2013)

Gen N.C. , Stat. §130a-34.1 (2011); Michigan Local Public Health Accreditation Program, “Home,” available at <http://www.accreditation.localhealth.net/> (last visited June 27, 2013); Missouri Institute for Community Health, Voluntary Accreditation Program for Local Public Health Agencies, Accreditation Manual, available at <http://www.michweb.org/pdf/Manual%207–09.pdf> (last visited June 27, 2013); Iowa Department of Public Health, “Iowa Public Health Modernization,” available at <http://www.idph.state.ia.us/mphi/quality_improvement.asp> (last visited June 27, 2013) 93. Matthews G. , Issue Brief: Public Health Agency Accreditation and Shared Service Delivery, Network for Public Health Law, available at <http://www.networkforphl.org/_asset/00g827/accreditation-fact-sheetfinal.pdf> (last visited June 27, 2013).

Public Health Accreditation Board, Standards and Measures Version 1.0 , available at <http://www.phaboard.org/wp-content/uploads/PHAB-Standards-and-Measures-Version-1.0.pdf> (last visited June 27, 2013).

Matthews G. Markiewicz M. , Executive Summary: Legal Frameworks Supporting Public Health Department Accreditation, Key Findings and Lessons Learned from Ten States, Network for Public Health Law, available at <http://www.networkforphl.org/_asset/j47k2k/Accreditation-Legal-Exec-Summary.pdf> (last visited June 27, 2013).

See Network for Public Health Law, supra note 35.

Patient Protection and Affordable Care Act, Pub. L. No. 111–148, § 4207 (amending 29 U.S.C. § 207).

42 U.S.C. § 12101 et seq. (2012); Christup S. M. , “Breastfeeding in the American Workplace,” Journal of Gender, Social Policy & the Law 9, no. 3 (2001): 471–503.