Infectious Disease Outbreak Response: Legal and Policy Challenges

Commentary on U.S. legal and policy issues raised by the Ebola outbreak

WASHINGTON LAWYER by Sarah Kellog       April, 2015 edition

...Despite knowing that Ebola would likely find its way here (to the U.S.), the public health system was ill-prepared to fight the disease. It was caught napping, unable to swiftly formulate an effective national plan to contain the virus, address the concerns of medical professionals, and calm the public’s mushrooming fears....

The same lack of preparation seemed evident in how government authorities responded and applied public health statutes and regulations, especially at the state and local levels. Legal experts say U.S. public health law is robust enough to address any disease crisis, even one as deadly as Ebola, but the people who administer the law showed a profound ignorance about disease prevention and mitigation, as well as of basic civil rights, in dealing with the Ebola threat.

“Legally, we’re in excellent shape,” says James Hodge, a professor of public health law and ethics at Arizona State University Sandra Day O’Connor College of Law and a national expert on infectious diseases and the law. “Politically, we’re severely challenged.”

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http://www.dcbar.org/bar-resources/publications/washington-lawyer/articles/april-2015-infectious-disease.cfm