Public Health Control Measures in Response to Global Pandemics and Drug Resistance

For a brief overview of legal issues relevant to any pandemic disease, including international governance issues, see Price P. J. , Ebola and the Law in the United States: A Short Guide to Public Health Authority and Practical Limits (December 23, 2014). Emory Legal Studies Research Paper No. 14–299, available at <http://ssrn.com/abstract=2538187> (last visited June 10, 2015).

This problem scenario is adapted from materials provided to me by the late Professor Bederman David J. , Emory University School of Law.

World Health Organization, International Health Regulations (2005), available at <http://whqlibdoc.who.int/publications/2008/9789241580410_eng.pdf> (last visited June 10, 2015).

World Health Organization, “Strengthening health security by implementing the International Health Regulations (2005),” available at <http://www.who.int/ihr/ports_airports/en> (last visited June 10, 2015).

World Health Organization, “Ebola Virus Disease,” available at <http://www.who.int/csr/disease/ebola/en> (last visited June 10, 2015).

World Health Organization, “Frequently Asked Questions about the International Health Regulations (2005),” available at <http://www.who.int/ihr/about/FAQ2009.pdf> (last visited June 10, 2015).

Cowling A. Cumming-Bruce N. , “U.N. Agency Calls Ebola Outbreak an International Health Emergency,” New York Times , August 8, 2014, available at <http://www.nytimes.com/2014/08/09/world/africa/who-declares-ebola-in-west-africa-a-health-emergency.html> (last visited June 10, 2015).

Katz R. , “Use of Revised International Health Regulations during Influenza A (H1N1) Epidemic, 2009,” Emerging Infection Diseases 15, no. 8 (2009), available at <http://wwwnc.cdc.gov/eid/article/15/8/09–0665_article> (last visited June 10, 2015).

See Cowling Cumming-Bruce , supra note 8.

World Health Organization, Statement on the 2nd meeting of the IHR Emergency Committee regarding the 2014 Ebola outbreak in West Africa , September 22, 2014, available at <http://www.who.int/mediacentre/news/statements/2014/ebola-2nd-ihr-meeting/en/> (last visited June 10, 2015).

Parts of this scenario are based upon factual scenarios prepared by the CDC Division of Tuberculosis Elimination, available at <http://www.cdc.gov/phlp/docs/User%27s%20Guide%20for%20Implementing%20Scenario.pdf> (last visited June 10, 2015).

Price P. J. , “If Tuberculosis Spreads…,” New York Times , July 8, 2014, available at <http://www.nytimes.com/2014/07/09/opinion/if-tuberculosis-spreads.html> (last visited June 10, 2015).

Centers For Disease Control and Prevention, Antibiotic Resistance Threats in the United States, available at <http://www.cdc.gov/drugresistance/threat-report-2013/pdf/arthreats-2013-508.pdf> (last visited June 10, 2015).

Caldwell C. , “3 Dead in TB Outbreak at Atlanta Homeless Shelters,” Atlanta Business Chronicle , August 8, 2014, available at <http://www.11alive.com/story/news/local/2014/08/08/homeless-tb-outbreak/13773035> (last visited June 10, 2015).

Walters E. , “States, Feds Target El Paso Hospital Over TB Exposure,” Texas Tribune , September 24, 2014, available at <http://www.texastribune.org/2014/09/22/state-feds-target-el-paso-hospital-tb-exposure> (last visited June 10, 2015).

Centers for Disease Control and Prevention, “Legal Authorities for Isolation and Quarantine,” available at <http://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html> (last visited June 10, 2015).

Id.

See Centers for Disease Control and Prevention, Tuberculosis Control Laws and Policies , <http://www.cdc.gov/tb/programs/TBLawPolicyHandbook.pdf> (last visited June 10, 2015).

See Campbell S. F. , “TB Patient Won't Be Coming to Coweta County,” Newnan Times-Herald , December 18, 2014, available at <http://www.times-herald.com/local/20141218-TB-patient-update-21-inch> (last visited June 10, 2015).

National Conference of State Legislatures, “State Quarantine and Isolation Statutes,” available at <http://www.ncsl.org/research/health/state-quarantine-and-isolation-statutes.aspx> (last visited June 10, 2015).

The Centers for Law and the Public's Health, “The Model State Emergency Health Powers Act (MSEHPA),” available at <http://www.publichealthlaw.net/ModelLaws/MSEHPA.php> (last visited June 10, 2015).

The Centers for Law and the Public's Health, The Model State Emergency Health Powers Act, available at <http://www.publichealthlaw.net/MSEHPA/MSEHPA2.pdf> (last visited June 10, 2015).

Texas Department of State Health Services, “Court Order Management Forms,” available at <http://www.dshs.state.tx.us/idcu/disease/tb/forms/#CourtOrderMgmt> (last visited June 10, 2015).

Wasem R. E. , Congressional Research Service, Immigration Policies and Issues on Health-Related Grounds for Exclusion (2011), available at <http://www.fas.org/sgp/crs/homesec/R40570.pdf> (last visited June 10, 2015). See also Price P. J. , “Can U.S. Immigration Law Be Reconciled with the Protection of Public Health?” New York University Journal of Legislation and Public Policy (2014), available at <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2397524> (last visited June 10, 2015) (describing federal-state relationships for TB control measures).

See Department of Homeland Security, “Public Charge,” available at <http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge> (last visited June 10, 2015).