The Role of Law in Public Health Preparedness: Opportunities and Challenges.
We report the results of a study designed to assess and evaluate how the law shapes the public health system's preparedness activities. Based on 144 qualitative interviews conducted in nine states, we used a model that compared the objective legal environment with how practitioners perceived the laws. Most local public health and emergency management professionals relied on what they perceived the legal environment to be rather than on an adequate understanding of the objective legal requirements. Major reasons for the gap include the lack of legal training for local practitioners and the difficulty of obtaining clarification and consistent legal advice regarding public health preparedness. Narrowing the gap would most likely improve preparedness outcomes. We conclude that there are serious deficiencies in legal preparedness that can undermine effective responses to public health emergencies. Correcting the lack of legal knowledge, coupled with eliminating delays in resolving legal issues and questions during public health emergencies, could have measurable consequences on reducing morbidity and mortality. [ABSTRACT FROM AUTHOR]/nCopyright of Journal of Health Politics, Policy & Law is the property of Duke University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Analysis of objective legal environment – thematic analysis of transcribed interviewsCodes were analyzed using ATLAS.ti
Qualitative approach guided by grounded theoryCase study
Effective use of lawsCoordination of legal interventions across jurisdictionsInformation resources and dissemination
Sample sites were selected with explicit criteriaSemistructured interview protocol
In-person interviews with key informants [144 respondents]- state officials and officials in 2-3 local agencies- representatives from state medical and hospital associations, public health advocacy groups, …
How do federal and state laws affect the public health system’s ability to respond more effectively to public health preparedness needs?
We conclude that there are serious deficiencies in legal preparedness that can undermine effective responses to public health emergencies. Correcting the lack of legal knowledge, coupled with eliminating delays in resolving legal issues and questions during public health emergencies, could have measurable consequences on reducing morbidity and mortality.An important first step toward enhancing the nation’s legal preparedness is a broad recognition that information on public health laws and best practices — including updated guidelines, training exercises, and other resources — is crucial for guiding the efforts of public health and emergency response practitioners at the state and local levels.
tudy designed to assess and evaluate how the law shapes the public health system’s preparedness activitiesMultiple-site qualitative case-study to determine both how state and local public health and emergency management agencies are responding to emerging infectious disease threats, bioterrorism, and other public health preparedness challenges and how federal and state laws are shaping those processes.
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