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The CDC Public Health Law News, Thursday, February 17, 2011
Centers for Disease Control and Prevention (CDC) sent this bulletin on February 17, 2011 02:02 PM
 

Thursday, February 17, 2011 
From the Public Health Law Program, Office for State, Tribal, Local, and Territorial Support, CDC
http://www2a.cdc.gov/phlp/



________________________________________________________________________

Announcements

 *** Expedited Partner Therapy Legal Toolkit. CDC’s Division of STD Prevention has released the Legal/Policy Toolkit for Adoption and Implementation of Expedited Partner Therapy (EPT). A collaboration between CDC and the Public Health Law and Policy Program at Arizona State University’s Sandra Day O’Connor College of Law, the toolkit provides resources to assist states that are interested in adopting laws supportive of EPT, as well as to assist states that have adopted such laws with addressing barriers to their full implementation. The Toolkit is accessible at http://www.cdc.gov/std/ept.

*** Job Opening: The Center for Public Health and Tobacco Policy at New England Law. The Center for Public Health and Tobacco Policy at New England Law Boston is seeking to hire a staff attorney and an assistant director.  More information is available at http://www.nesl.edu/info/hr.cfm.

 

*** HIV Screening and Access to Care. The Institute of Medicine (IOM) has released HIV Screening and Access to Care: Exploring the Impact of Policies on Access to and Provision of HIV Care. The report examines how federal and state laws and policies and private health insurance policies and practices affect entry into clinical care and the provision of sustained care for people with HIV. For the full report visit http://books.nap.edu/catalog.php?record_id=13057.

 

*** Clean Indoor Air Factsheets. The National Association of Local Boards of Health (NALBOH), the National Association of County and City Health Officials (NACCHO), and the Association of State and Territorial Health Officials (ASTHO) have developed six Clean Indoor Air Factsheets. Three factsheets are devoted to assisting boards of health with varying tobacco control legal authority work on clean indoor air laws. There are also two factsheets for state and local health department staff. The final factsheet is a compendium of resources on secondhand smoke. To order the free factsheets, visit http://www.nalboh.org/Publications.htm.

 

*** Law and Policy Drafting Checklists. The Public Health Law Center at the William Mitchell College of Law has released a series of checklists designed to assist with drafting, implementing and measuring the effectiveness of public health laws and regulations. To access the checklists, visit http://www.publichealthlawcenter.org/sites/default/files/resources/ship-fs-policydraftingchlist-2010.pdf. 

 

*** State Reports on Federal Health Reform. The National Conference of State Legislatures (NCSL) has developed a number resources, including state reports, fiscal analysis, websites, and timelines, that provide insight into the work being done by states to prepare for and implement the Affordable Care Act. For more information, visit http://www.ncsl.org/?TabId=21448.

 

*** 2011 Health Law Scholars Workshop. The Center for Health Law Studies at Saint Louis University and the American Society of Law, Medicine & Ethics (ASLME) will host the 2011 Health Law Scholars Workshop September 15-17, 2011, in St. Louis, Missouri. The Health Law Scholars Workshop is a collegial forum in which faculty new to health law and bioethics scholarship present works-in-progress and receive in-depth advice from experienced scholars and teachers in the field of health law and bioethics.  Past scholars have placed their papers for publication in preeminent law journals. For more information, visit http://newsmanager.commpartners.com/aslme/issues/2011-02-10/8.html.

 

*** Affordable Care Act Webinar. The Public Health Law Association (PHLA) is presenting a free webinar to discuss the Affordable Care Act’s population health provisions and their implications on February 24, 2011, at 1 PM EST. Presenters include Peter D. Jacobson, president of  PHLA, and Sarah Somers, senior attorney with the National Health Law Program. Please e-mail Lori Fietz (lfietz@umich.edu) by February 22, 2011, to register.

 

Top Story

 

1. Hospitals shift smoking bans to smoker ban

 

States and Localities

 

2. Maryland: Md.’s wine shipment laws create smuggling routes from D.C. and Va.

3. Virginia: Virginia house passes bill to end HPV vaccine mandate

 

National

 

4. Do pets pose another threat to safe driving?

5. Officials: ‘bath salts’ are growing drug problem

6. Shaken-baby syndrome faces new questions in court

 

International

 

7. China: Trafficking of Chinese women on the rise

 

Briefly Noted

 

Arizona mislabeled fish · Arkansas distracted walkers · California children’s health insurance · Michigan feral pigs · New York tobacco websites · Park smoking ban · Ohio alcohol minimum pricing · National drinking water toxins · Medical image software · Drug development · Leech therapy · Federal protective proposals · Airplane e-cigarettes · Singapore population deficit

 

 

Journal Articles

 

Pub closing time · Syringe exchange programs · Menu labeling · Mexico smoke-free law · Flu vaccinations · Breastfeeding · Humanitarian device exemption · Health care reform · Wyden-Brown Bill · Affordable Care Act

 

 

Court Opinions

 

New York automated external defibrillators · Federal Patient Protection and Affordable Care Act · Genetically modified rice · HIV discrimination

 

 

Quotation of the Month

 

Russ Mason, wildlife chief for the Michigan Department of Natural Resources and Environment

 

 

This Month’s Feature

 

Profiles in Public Health Law: Professor Jonathan Todres

 

 

_____________________________1_____________________________

 

“Hospitals shift smoking bans to smoker ban”

New York Times   (02/10/2011)   A. G. Sulzberger

http://www.nytimes.com/2011/02/11/us/11smoking.html?_r=2&hp=&pagewanted=all

 

As policies such as banning smoking on company grounds, increasing health care premiums for smokers, and offering smoking cessation programs fail to discourage smoking, many medical businesses and hospitals are implementing policies that make smoking a reason to turn away job applicants.  Many applications warn of “tobacco-free” hiring policies and require employees to submit to nicotine urine testing; those caught smoking face termination.

 

The new rules essentially treat cigarettes like an illegal narcotic, though smoking is not illegal. Heated debate has flared up about whether such strict office policies are an invasion of employees’ private lives. “If enough of these companies adopt these policies and it really becomes difficult for smokers to find jobs, there are going to be consequences. Unemployment is also bad for health,” said a professor at Boston University School of Public Health, Dr. Michael Siegel, who has written about the trend.

 

Hospitals in Florida, Georgia, Massachusetts, Missouri, Ohio, Pennsylvania, Tennessee and Texas and other states have stopped hiring smokers, while employers in other states are also considering similar bans. Usually employers claim the bans increase employee productivity, encourage healthier living, and reduce health care costs. While employers in 29 states and the District of Columbia are prevented from enacting smoker bans by state law prohibiting discrimination against smokers, some states, like Missouri, exempt health care organizations from the law.

 

Paul Terpeluk, a director at the Cleveland Clinic, where the rules have been in place since 2007, said, “We’ve had a number of inquiries over the last six to 12 months about how to do this. The trend line is getting pretty steep, and I’d guess that in the next few years you’d see a lot of major hospitals go this way.”

 

Steven C. Bjelich is chief executive of St. Francis Medical Center in Cape Girardeau, Mo, which stopped hiring smokers in January, 2011. “We felt it was unfair for employees who maintained healthy lifestyles to have to subsidize those who do not. Essentially that’s what happens,” he said.

 

While some employees find the policies invasive, others do not mind the policies; John J. Stinson, who was a smoker for thirty years before applying for a job at the Cleveland Clinic, says the rules are a “good idea” because passing the urine test was the motivation he needed to quit. He hasn’t had a cigarette in nearly three years.

 

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“Md.’s wine shipment laws create smuggling routes from D.C. and Va.”

Washington Post   (02/07/2011)   Ann E. Marimow

http://www.washingtonpost.com/wp-dyn/content/article/2011/02/06/AR2011020602602.html

 

Many Maryland wine drinkers break the state’s laws restricting wine shipments to homes by having wine delivered to their offices and friends in the neighboring District of Columbia and Virginia. Both Virginia and the District are among 38 jurisdictions nationally that allow vineyards to ship directly to consumers.

 

Maryland wine aficionados, who in many cases are ignorant of the law, are committing a misdemeanor and could face a maximum fine of $10,000 and up to five years in prison.  According to state officials, no one has been prosecuted under the law recently.

 

“We know we could be on the border of Washington or Virginia to watch people purchase and bring it into Maryland, but that’s not our interest. We don’t have enough people to do it,” said the head of enforcement in the state comptroller’s office that is responsible for collecting the alcohol tax, Jeffrey A. Kelly.

 

In the past, efforts to repeal the remnants of Prohibition have been thwarted by the alcohol industry because changing the rules would simplify delivery to customers, cutting out middleman profits.  Many wine lovers, however, are once again pressing law makers to repeal the law.  “It’s almost offensive because it’s controlling what I can and cannot buy and bring into my own home. It’s not harming anyone or anything,” says Barbara, a Montgomery County, Maryland, resident who has wine shipped to her husband’s office in the District.

 

Law makers appear poised to pass a bill that would allow Maryland residents to have up to 12 cases of wine per year shipped to their homes. Virginia, which passed a similar measure in 2003, provides further encouragement. Virginia’s law has generated an estimated $3 million in tax revenue, according to the Wine Institute.

 

[Editor’s Note: To read the Maryland law, visit http://mlis.state.md.us/2011rs/billfile/HB0234.htm]

 

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“Virginia house passes bill to end HPV vaccine mandate”

Washington Post   (01/22/2011)   Rosalind S. Helderman and Frederick Kunkle

http://www.washingtonpost.com/wp-dyn/content/article/2011/01/21/AR2011012106650.html

 

In 2007 Virginia became the first state in the country to mandate girls receive the human papillomavirus (HPV) vaccine before enrolling in the sixth grade. On January 21, 2011, the Virginia House of Delegates repealed the law.

 

Opponents of the 2007 law claim the law mandating vaccinations encourages girls to have sex and generates drastic government overreach. Both Virginia and the District of Columbia, the only other jurisdiction requiring the vaccine, have broad policies allowing parents to decline to have their daughters vaccinated.

 “We just want to make sure parents are evaluating the risks of what they’re giving their daughters, and not a legislative community. The medical community is still undecided,” said Delegate Kathy J. Byron, who is sponsoring the legislation, House Bill 1419.

 

Debate remains passionate, however, even among Republican representatives, who were the primary advocates of the repeal. Obstetrician and gynecologist, Republican Delegate Christopher Stolle, supported mandatory vaccination because widespread immunization would reduce the spread of the virus throughout the community. He went on to estimate that removing the mandate could mean as many as 1,300 more women could die annually from complications from HPV.

 

[Editor’s Note: To read the bill, visit http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HB1419]

 

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“Do pets pose another threat to safe driving?”

Atlanta Journal Constitution   (01/21/2011)   Sue Manning

http://www.ajc.com/news/nation-world/do-pets-pose-another-811749.html

 

According to the National Highway Traffic Safety Administration (NHTSA), 5,474 people were killed and 448,000 injured in automobile accidents caused by distracted drivers. After tackling driving distractions such as texting and cell phone use, some state legislatures are considering measures to prevent pet distractions.

 

Thousands of car accidents are believe to be caused by unrestrained pets every year. “An unrestrained pet can be hugely distracting- if he’s seeking your attention, putting his face right in front of yours, starts chewing up the upholstery or is vomiting because he is carsick,” said director of applied science and research for the American Society for the Prevention of Cruelty to Animals, Katherine Miller.

 

Currently, Hawaii is the only state that explicitly prohibits drivers from operating a vehicle with a pet on their lap, but the Oregon legislature is considering a $90 fine for drivers holding pets. In the absence of state legislation, some cities like Troy, Michigan, are implementing their own pet-distraction laws.

 

Support for such laws is varied; although the California legislature passed a law similar to that proposed in Oregon, then-Governor Arnold Schwarzenegger refused to sign it. John Adkins, communications director for the Governors Highway Safety Association, doubts if many other states will follow. He described the legislators’ problem saying, “[they] can’t have a law to outlaw every bad driver behavior. You go after the big ones.”

 

[Editor’s Note: To read the Hawaii law, visit http://www.capitol.hawaii.gov/hrs2006/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0124.HTM]

 

_____________________________5_____________________________

 

“Officials: ‘bath salts’ are growing drug problem”

Atlanta Journal Constitution   (01/23/2011)   Sheila Byrd

 http://www.ajc.com/news/nation-world/officials-bath-salts-are-812101.html

 

Bath salts are increasingly being smoked, snorted, and injected recreationally. The salts,  sold under innocuous sounding names such as Ivory Wave, Vanilla Sky and Red Dove, often contain mephedrone and methylenedioxypyrovalerone, or MDPV. While the products are sold legally in stores, law enforcement, poison control centers, and law makers are scrambling to address the growing issue.

 

The bath salts’ chemicals can cause rapid heart rates, suicidal thoughts, paranoia and hallucinations. One user, Neil Brown, took a skinning knife and repeatedly slit his face and stomach. Brown said of the experience, “The psychological effects are still there.” Brown was lucky to survive, according to law enforcement officials.

 

Dr. Mark Ryan, director of the Louisiana’s poison control center, says the stimulants affect neurotransmitters in the brain. “It causes intense cravings for it. They’ll binge on it three of four days before they show up in an ER. Even though it’s a horrible trip, they want to do it again and again,” said Ryan.

 

Louisiana issued an emergency order banning the salts after the state’s poison control center received almost 130 calls involving exposure to the chemicals from October through December, 2010.  Mississippi and Kentucky law makers are both considering proposals to ban the sale of the powders. The stimulants are also under federal scrutiny, though not yet regulated by the U.S. Drug Enforcement Administration.

 

[Editor’s Note: To read Louisiana’s emergency order, visit  http://www2a.cdc.gov/phlp/docs/LA%20Emergency%20Order.pdf. To read Florida’s emergency rule visit http://www2a.cdc.gov/phlp/docs/FLA%20AG%20emergency%20rule.pdf. To read a bill introduced in the Mississippi Legislature visit http://www2a.cdc.gov/phlp/docs/MS%20bill%20SB2226CS.pdf.]  

 

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“Shaken-baby syndrome faces new questions in court”        

New York Times   (02/02/2011)   Emily Bazelon

http://www.nytimes.com/2011/02/06/magazine/06baby-t.html

 

Law enforcement authorities estimate there are about 200 shaken-baby syndrome child abuse prosecutions annually. In an estimated 50 to 75 percent of these prosecutions, the only medical evidence of shaken-baby syndrome is a triad of internal symptoms: brain swelling and subdural and retinal hemorrhaging.  In the past decade, however, vehement disagreement has erupted about whether the symptoms are necessarily due to abuse; disagreements which have led several courts to overturn shaken-baby convictions.

 

Much of shaken-baby syndrome research stems from experiments performed by a neurosurgeon, Ayub Ommaya, on rhesus monkeys in the 1960s. Now, while many doctors who treat child abuse say it’s possible for shaking to cause the triad of symptoms, many insist there should also be evidence of spinal cord trauma. There is also a growing belief that the same triad of symptoms can be caused by infection and subsequent aneurism.

 

Shaken-baby convictions are being questioned in the United States and across the globe. The Wisconsin Court of Appeals wrote in a 2008 decision that “there is fierce disagreement” among doctors about the shaken-baby diagnosis indicating “a shift in mainstream medical opinion.”  When a shaken-baby conviction was overturned in Britain, then attorney general Peter Goldsmith reviewed 88 more convictions and concluded he had doubts about three because they were base solely on the triad of symptoms.

 

In the United States, a group of lawyers with the Innocence Project, an organization known for overturning convictions with DNA evidence, is mounting 20 to 25 appeals of shaken-baby convictions.  “No one wants child abuse, but we should not be prosecuting and convicting people in shaken-baby cases right now, based on the triad of symptoms, without other evidence of abuse. If the medical community can’t agree about all the conflicting data and research, how is a jury supposed to reach a conclusion that’s beyond a reasonable doubt?” says Keith Findley, a lawyer for the Wisconsin Innocence Project.

 

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“Trafficking of Chinese women on the rise”

China Daily   (01/24/2011)   Zhang Yan and He Dan

http://www.chinadaily.com.cn/china/2011-01/24/content_11902610.htm

 

Law enforcement officials say the number of Chinese women trafficked internationally has risen alarmingly in conjunction with growing numbers of international crime organizations. China’s Ministry of Public security launched a special campaign against human trafficking in 2009. Since that time, police have cracked 9,165 trafficking cases and rescued 17,746 female trafficking victims.

 

Director of the Ministry’s anti-human trafficking office, Chen Shiqu, believes the women are mostly from impoverished rural areas and are lured away, eventually being trafficked to Southeast Asia, Africa, and Europe by false job offers and then forced into prostitution.

 

According to He Yunxiao, a national project coordinator from the United Nations’ Inter-Agency Project on Human Trafficking, international cooperation is vital because it leads to greater intelligence sharing and the extradition of suspects.

 

To combat the problem China has created eight offices along neighboring countries’ borders to fight human trafficking. China has also collaborated with other governments, exchanging intelligence and investigation information with Russia, the United Kingdom, Australia, and Malaysia, as well as signing the Mekong River Sub-regional Cooperation Anti-trafficking Memo. The Memo sets up an annual senior-official meeting with other signing nations, including Laos, Thailand, Myanmar, and Cambodia, to curb international trafficking.

 

 

 

_____________________BRIEFLY NOTED______________________

 

Arizona: Executives guilty of marketing and selling fish containing banned chemical

“Arizona execs plead guilty to mislabeling fish sold in Ala., Fla”

Montgomery Advertiser   (01/26/2011)  

http://www.montgomeryadvertiser.com/article/20110126/NEWS02/101260356/Arizona-execs-plead-guilty-to-mislabeling-fish-sold-in-Ala-Fla-

 

Arkansas: Arkansas and New York propose restrictions for distracted pedestrians

“2 states take aim at distracted walkers, runners”

Yahoo News   (01/24/2011)   Andrew DeMillo

http://news.yahoo.com/s/ap/20110124/ap_on_re_us/us_distracted_walkers

 

California: New laws require punishing insurers who refuse to sell policies for children

“Buying Health Insurance for Children”

Los Angeles Times   (01/31/2011)   Lisa Zamosky

http://articles.latimes.com/2011/jan/31/health/la-he-kid-insurance-20110131

 

Michigan: Feral pigs destroy property and spread disease, legislature considers options

“Michigan declares war on feral pigs”

Detroit News   (02/05/2011)   Tom Greenwood

http://detnews.com/article/20110205/METRO/102050351/Michigan-declares-war-on-pesky-feral-pigs

 

New York: State A.G. sues online tobacco vendors for illegal tobacco sales to NY residents

“NY’s attorney general sues online tobacco sites”

Evening Tribune   (02/03/2011)   Frank Eltman

http://www.eveningtribune.com/homepage/x1864249768/NYs-attorney-general-sues-online-tobacco-sites

 

New York: City to fine smoking in parks, beaches and public pedestrian areas, says council

“New York smoking ban extended to parks and coastlines”

BBC News   (02/03/2011)   

http://www.bbc.co.uk/news/world-us-canada-12352935

 

Ohio: Minimum pricing laws rarely enforced, may lead to over consumption of alcohol

“Bars rarely punished for breaking happy-hour, minimum pricing laws”

Columbus Dispatch   (02/06/2011)   Dean Narciso

http://www.dispatch.com/live/content/local_news/stories/2011/02/06/bars-rarely-punished-for-breaking-happy-hour-minimum-pricing-laws.html?sid=101

 

National: EPA to regulate perchlorate and other toxins in drinking water after citizen outcry

“EPA to set limits on chemicals in drinking water”

CNN (02/02/2011)

http://www.cnn.com/2011/HEALTH/02/02/epa.water.chemical/index.html

 

National: Patient MRI’s and other scans may be read from Apple’s mobile devices, says FDA

“FDA approves medical-image software for Apple mobile devices”

Los Angeles Times   (02/05/2011)   Andrew Zajac

http://articles.latimes.com/2011/feb/05/nation/la-na-fda-ipad-20110205

 

National:  National Center for Advancing Translational Sciences founded to help create drugs

“Federal Research Center will help develop medicines”

New York Times   (01/22/2011)   Gardiner Harris

http://www.nytimes.com/2011/01/23/health/policy/23drug.html

 

National: Leech therapy popular since FDA approval as a medical device in 2004

“Leeches are making a comeback as medical helpers”

Baltimore Sun   (01/23/2011)   Meredith Cohn

http://articles.baltimoresun.com/2011-01-23/health/bs-hs-medical-leeches-20110116_1_leeches-medical-devices-medical-science

 

National: Obama requests fewer rules, federal regulators drop protective proposals

“U.S. backs down on work noise, medical devices”

Wall Street Journal   (01/20/2011)   Alicia Mundy, Melanie Trottman and Jon Kamp

http://online.wsj.com/article/SB10001424052748703951704576092051613167570.html

 

National: U.S. DOT says airplane smoking ban includes e-cigarettes

“Use of e-cigs not allowed on US flights”

Associated Press  02/11/2011

http://www.nytimes.com/aponline/2011/02/11/business/AP-US-Electronic-Cigarettes-Airplanes.html?hp

 

Singapore: Government fights population deficit by financially incentivizing larger families

“Singapore PM: reproduce in year of rabbit”

CNN   (02/02/2011)   Liz Neisloss

http://articles.cnn.com/2011-02-02/world/singapore.pm_1_singaporeans-minister-lee-hsien-loong-fertility-rate?_s=PM:WORLD

 

 

___________________JOURNAL ARTICLES____________________

 

“Effects of restricting pub closing times on night-time assaults in an Australian city”

Addiction  02/2011  Kypros Kypri et al.

http://onlinelibrary.wiley.com/doi/10.1111/j.1360-0443.2010.03125.x/full

 

“The roles of law, client race and program visibility in shaping police interference with the operation of US syringe exchange programs”

Addiction  02/2011  Leo Beletsky et al.

http://onlinelibrary.wiley.com/doi/10.1111/j.1360-0443.2010.03149.x/full

 

“Mandatory menu labeling in one fast-food chain in King County, Washington”

American Journal of Preventive Medicine  02/2011 Eric A. Finkelstein et al.

http://www.ajpm-online.net/article/S0749-3797(10)00612-4/fulltext (subscription required)

 

“Evaluation of a social marketing campaign to support Mexico City's comprehensive smoke-free law”

American Journal of Public Health  02/2011  James F. Thrasher et al.

http://ajph.aphapublications.org/cgi/content/full/101/2/328

 

“Vaccinating health care workers against influenza: the ethical and legal rationale for a mandate”

American Journal of Public Health  02/2011  Abigale L. Ottenberg et al.

http://ajph.aphapublications.org/cgi/content/full/101/2/212

 

“Working mothers, breastfeeding, and the law”

American Journal of Public Health  02/2011  Lindsey Murtagh and Anthony D. Moulton

http://ajph.aphapublications.org/cgi/content/full/101/2/217

 

“Misuse of the FDA’s Humanitarian Device Exemption in deep brain stimulation for Obsessive-Compulsive Disorder”

Health Affairs  02/2011  Joseph J. Fins et al.

http://content.healthaffairs.org/content/30/2/302.full

 

“Health care reform — what went wrong on the way to the courthouse”

New England Journal of Medicine  01/27/2011  M.A. Hall

http://www.nejm.org/doi/full/10.1056/NEJMp1013234

 

“The importance of the individual mandate — evidence from Massachusetts”

New England Journal of Medicine  01/27/2011  A. Chandra et al.

http://www.nejm.org/doi/full/10.1056/NEJMp1013067

 

“The Wyden–Brown Bill — short on state flexibility

New England Journal of Medicine  02/03/2011  S. Butler

http://www.nejm.org/doi/full/10.1056/NEJMp1013277

 

“The Patient Protection And Affordable Care Act: implications for public health policy and practice”

Public Health Reports  01/2011  Sara Rosenbaum

http://www.publichealthreports.org/archives/issueopen.cfm?articleID=2586

 

 

___________________COURT OPINIONS____________________

 

New York: No common law duty to render assistance, even if fitness center has A.E.D.

Chappill v. Bally Total Fitness Corp.

Supreme Court, New York County

Case No. 109041/05, Mot. Seq. No. 004

Filed January 20, 2011

Opinion by Judge Louis B. York

http://scholar.google.com/scholar_case?case=17191579281758083026&hl=en&lr=lang_en&as_sdt=2,11&as_vis=1&oi=scholaralrt&ct=alrt&cd=1

 

Federal: Patient Protection and Affordable Care Act declared unconstitutional

Florida v. Sebelius

U.S. District Court for the Northern District of Florida

Case No. 3:10-cv-00091

Decided January 31, 2011

Opinion by Judge Roger Vinson

http://www.flnd.uscourts.gov/announcements/documents/10cv91doc150.pdf

 

Federal: Memorandum and order delivered in escaped genetically modified rice litigation

In re Genetically Modified Rice Litigation

United States District Court for the Eastern District of Missouri

Case No. 4:06MD1811 CDP

Filed February 1, 2011

Opinion by Chief Judge Catherine D. Perry

http://scholar.google.com/scholar_case?case=5423040599100786475&hl=en&lr=lang_en&as_sdt=2,11&as_vis=1&oi=scholaralrt&ct=alrt&cd=14

 

Federal: Settlement says cosmetology school will offer enrollment to person with HIV

Settlement Agreement Between the United States of America and Modern Hairstyling Institute, Inc. Under the Americans with Disabilities Act

United States District Court for the District of Puerto Rico

Case No. 3:10-cv-01784

Released December 20, 2010

http://www.ada.gov/modern_hairstyling.htm

 

 

__________PHL NEWS QUOTATION OF THE MONTH___________

 

“We’ve had pork in this state for 50 years before statehood, and we never had a feral pig problem.”

 

-- Russ Mason, wildlife chief for the Michigan Department of Natural Resources and Environment, on the state’s growing pig problem.

 

 

 

__________________PROFILES IN PUBLIC HEALTH LAW___________________

 

Name: Jonathan Todres

Title: Associate Professor of Law

Organization: Georgia State University College of Law

Education: B.A., 1990, Clark University; J.D., 1999, Columbia Law School

 

CDC Public Health Law News: What was your route to public health law?

 

Todres:  As a teenager, I was very interested in human rights issues. My parents were born and raised in South Africa. So, anti-apartheid issues were a part of my childhood. In some respects, that’s what led me to study international development as an undergraduate.  It was in thinking about development and human rights that I came to public health issues. After I finished college, I entered the Peace Corps, where I served as a volunteer working on children’s health projects.  For me, confronting children’s health issues on the ground in Thailand started to bring everything together – public health issues are fundamental to development and are the site of numerous human rights issues. 

 

CDC Public Health Law News: Please describe a typical workday.

 

Todres:  Tough question.  My days are rather varied, but each day involves work on teaching, research, and community projects.  On teaching days, I’m in the classroom, which I love. Students energize me and motivate me to do more. If I’m not teaching that day, then I’m preparing for teaching or meeting with students.  Most days also involve some time for research. I typically have at least a few research projects ongoing at any point in time. It’s a bad habit of mine – starting too many projects before finishing others.  Last, but not least, my days also include work for various NGOs and international organizations. I work regularly with several organizations working on children’s rights issues and on human trafficking. So, a typical day might include working with one of them on legislative and policy initiatives, or possibly some research on a particular aspect of the problem. 

 

CDC Public Health Law News: What lead you to become a human rights advocate, specifically in the area of human trafficking?

 

Todres:  I’m often asked why I work on children’s rights issues. I think we all choose causes that resonate with us personally on some level. We choose what we are passionate about. For me, that’s doing something to alleviate children’s suffering. So, when asked “why children’s rights,” on some level my answer is simply … how can I not be.  For me, children’s rights issues are particularly compelling. That’s how I’m wired. Other people are driven by other human rights issues.  My years in Thailand as a Peace Corps volunteer opened my eyes to the issues of trafficking and commercial sexual exploitation of children, and since then I’ve tried to work in particular on those issues. 

 

CDC Public Health Law News: How is human trafficking a public health issue?

 

Todres:  If you compare the health impact of human trafficking, in my view, it rises to the level of a public health concern. Victims of human trafficking suffer a broad range of health issues, from, physical injuries, to STIs, to mental health issues.  And the number of victims makes it a population-level issue.

 

Public health has long recognized violence as a public health issue.  Human trafficking is a severe form of violence.

So, I think it is quite clearly an issue for public health.  But it’s also an issue for other sectors of society. That’s one of the key challenges:  To date, efforts to combat human trafficking have been left largely to law enforcement, social services, and human rights advocates.  Combating human trafficking requires much broader engagement.  All sectors of society must be involved – health, education, the private sector, and many others.

 

CDC Public Health Law News: What is the most important project you are working on? 

 

Todres:  I just finished a project on the merits of a public health law approach to human trafficking [Editor’s note: article is available at: http://ssrn.com/abstract=1742953].  Public health methodologies have a lot to offer in the fight against human trafficking.

 

I’ve also recently been asked to get involved in some work on children’s issues in post-disaster settings. So, I’m working on a couple research projects that are examining children’s experience following natural disasters and exploring ways to better ensure children’s rights and well-being in these settings.  Very challenging.

 

CDC Public Health Law News: What can public health practitioners and/or public health lawyers or just lawyers do to end human trafficking?

 

Todres:  How much time do I have?  There are a host of things public health practitioners can do. Public health has great experience and expertise in evidence-based research, which is desperately needed in the world of human trafficking.  Public health’s prevention focus has much to offer as well.  To date, most responses to human trafficking are aimed at addressing it after the harm occurs. We need to change that.  There are many other ways in which public health can play a role.  Hospitals can facilitate early intervention, and public health can work with them to develop the capacity to do this effectively.  As for lawyers generally, there are many ways to be involved.  Indeed, anyone can play a role.  As with any issue, it’s important to start by educating oneself about the issue and then figuring out how your skill set can be of use.  There is no shortage of opportunities. 

 

CDC Public Health Law News: If you were not working in public health law, what would you likely be doing?

 

Todres:  This is not a very exciting answer, but I can’t imagine doing anything else at this point. If I did not become an academic working on children’s rights and health and human rights issues, then I’d probably be doing grassroots development work in Southeast Asia or Southern Africa. It’s one thing I miss from time to time – being side by side in the field with members of a community and sharing life experiences.

 

CDC Public Health Law News: Describe any personal information, hobbies, or interests you care to share.

 

Todres:  Running is a passion, but I appear to have reached an age finally when my knees are voting for a different hobby.  I love to snorkel as well, though living in Atlanta means that happens only occasionally.

 

CDC Public Health Law News: What are your favorite books and what have you read lately?

 

Todres:  Wallace Stegner and Annie Dillard are two of my favorite authors.  My family insists I read too many “heavy” books, so I’m trying to diversify.  A.J. Jacobs is amusing. I’ve enjoyed a couple of his books recently.

 

For more information about Professor Todres or his work, please email him at jtodres@gsu.edu.  

 

[Editor’s Note: On, September 28, 2010, CDC's Division of Violence Prevention’s Violence against Women workgroup and the CDC-wide Health and Human Rights Workgroup (http://intranet.cdc.gov/hhrw/) hosted a day-long symposium on human trafficking in the U.S.   The symposium provided a foundational overview of the issue, particularly sex trafficking, and served as a forum for exploring the public health implications of human trafficking, from research and data collection to prevention strategies. For more information on the symposium or to contact any of the presenters,  please contact Reshma Mahendra (RMahendra@cdc.gov) or Andra Tharp (ATharp@cdc.gov).]

 

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The News is published by the Public Health Law Program, Office for State, Tribal, Local, and Territorial Support, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Lindsay Culp, J.D., M.P.H., Editor; Abigail Ferrell, Writer. Special thanks to Raymond Lindholm for his help with this issue.

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