Supplemental Materials
The supplemental materials compilation lists key documents and additional resources about the issues raised in the Emergency Volunteer Toolkit. The documents listed are for reference purposes only and are not a complete listing of resources available on the issue. Individual users are responsible for researching the current text of laws, statutes, regulations, and other materials. The document lists bibliographical information and, where available, online links to the resources. All links are current as of Jan. 29, 2013. Please report broken links to ASTHO at communications@astho.org.
Index
General Resources and Compilations
A—K
Emergency Management Assistance Compact
Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP)
Entity Liability
Federal Employee Compensation Act (FECA)
Federal Tort Claims Act (FTCA)
Good Samaritan Laws
HHS Office of the Assistant Secretary for Preparedness and Response (ASPR)
Interstate Civil Defense and Disaster Compact
O—Z
Nurse Licensure Compact
Pandemic and All-Hazards Preparedness Act (PAHPA)
Public Health Service (PHS) Act, Section 319 - Authorities Related to Public Health Emergencies
Public Readiness and Emergency Preparedness Act (PREP Act)
Uniform Emergency Volunteer Health Practitioners Act (UEVHPA)
Volunteer Liability
Volunteer Organizations
Volunteer Protection Act
General Resources and Compilations
Governmental
CDC. Public Health Law Program. “Federal Public Health Emergency Law: Implications for State and Local Preparedness and Response.” Facilitated teleconference. April 28, 2009. Available at www.bt.cdc.gov/coca/ppt/Federal_PH_Emergency_Law_042809.pps.
CDC. Public Health Law program. “Selected Federal Legal Authorities Pertinent to Public Health Emergencies.” September 2009. Available at http://www.cdc.gov/phlp/docs/ph-emergencies.pdf.
HHS Office of the Assistant Secretary for Preparedness and Response. “Legal Authority and Related Guidance.” Available at www.phe.gov/Preparedness/planning/authority/Pages/default.aspx.
HHS Office of the Assistant Secretary for Preparedness and Response. “Legal Authority of the Secretary.” Available at www.phe.gov/preparedness/support/secauthority/Pages/default.aspx.
Lister, SA. Congressional Research Service. The Public Health and Medical Response to Disasters: Federal Authority and Funding. Aug. 1, 2008. Available at http://digital.library.unt.edu/ark:/67531/metacrs9495/m1/1/high_res_d/RL33579_2006Jul28.pdf.
Swendiman, KS and Jones, NL. Congressional Research Service. The 2009 Influenza Pandemic: Selected Legal Issues. June 15, 2009. Available at http://digital.library.unt.edu/ark:/67531/metadc26152/m1/1/high_res_d/R40560_2009Jun15.pdf.
Other Sources
American Health Lawyers Association. “Emergency Preparedness Toolkit.” May 4, 2010. Available at www.healthlawyers.org/Members/PracticeGroups/THAMC/EmergencyPreparednessToolkit/Pages/default.aspx.
The Network for Public Health Law. “Emergency Legal Preparedness and Response.” Available at www.networkforphl.org/public_health_law_topics/emergency_legal_preparedness_and_response/.
Emergency Management Assistance Compact
Public Law, Statute and Regulations
Emergency Management Assistance Compact. Pub. L. No. 104-321. (110 STAT. 3877). Available at www.gpo.gov/fdsys/pkg/PLAW-104publ321/pdf/PLAW-104publ321.pdf.
Other Resources
National Emergency Management Association. “Emergency Management Assistance Compact.” Available at www.emacweb.org/.
Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP)
Reports
The Centers for Law & the Public’s Health. Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP) — Legal and Regulatory Issues. May 2006. www.publichealthlaw.net/Research/PDF/ESAR%20VHP%20Report.pdf.
Toolkits
The Centers for Law & the Public’s Health. Legal and Regulatory Issues Concerning Volunteer Health Professionals in Emergencies: Advanced Tool Kit. April 2007. Available at www.publichealthlaw.net/Research/PDF/ESAR%20VHP%20Toolkit.pdf.
Entity Liability
Other Resources
North Carolina Institute for Public Health. Good Samaritan Entity Liability Protection Initiative. Available at http://nciph.sph.unc.edu/law/good_sam.htm.
The Network for Public Health Law. Legal Issues Relevant To Private Entities Serving As Closed Points Of Dispensing (Closed PODs) In Emergencies. Available at: www.networkforphl.org/_asset/2tsy0t/Closed-PODS-legal-issue.pdf.
Federal Employee Compensation Act (FECA)
Public Law, Statute and Regulations
Federal Employee Compensation Act, as amended. Codified at 5 U.S.C. §§ 8101 – 8193. Available at www.law.cornell.edu/uscode/text/5/part-III/subpart-G/chapter-81.
Other Resources
United States Department of Labor. The Federal Employees' Compensation Act (FECA). Available at www.dol.gov/compliance/laws/comp-feca.htm.
Federal Tort Claims Act (FTCA)
Public Law, Statute and Regulations
Federal Tort Claims Act, as amended. Codified at 28 U.S.C. §§1346(b), 2671-2680. Available at http://origin.www.gpo.gov/fdsys/pkg/USCODE-2009-title28/pdf/USCODE-2009-title28-partIV-chap85-sec1346.pdf and http://uscode.house.gov/download/pls/28C171.txt.
Offices/Programs/Activities
HRSA. “FTCA for Health Centers: Key Resource in Supporting Quality Care.” Available at http://bphc.hrsa.gov/ftca/.
Other Resources
The Law, Science & Public Health Law. Federal Tort Claims Act (FTCA). Available at http://biotech.law.lsu.edu/cases/immunity/ftca.htm.
The Law, Science & Public Health Law. Codified at 28 USC § 2680. “Exceptions to the Federal Tort Claims Act.” Available at http://biotech.law.lsu.edu/cases/immunity/ftca_exceptions.htm.
Good Samaritan Laws
Other Resources
The Centers for Law & the Public’s Health. Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP) — Legal and Regulatory Issues. APPENDIX D. Good Samaritan Statutes in ESAR-VHP Phase I-III States. May 2006. www.publichealthlaw.net/Research/PDF/ESAR%20VHP%20Report.pdf
HHS Office of the Assistant Secretary for Preparedness and Response (ASPR)
Offices/Programs/Activities
HHS Office of the Assistant Secretary for Preparedness and Response website. Available at www.phe.gov/preparedness/support/secauthority/Pages/default.aspx.
Interstate Civil Defense and Disaster Compact
Reports
National Center for Interstate Compacts. “Interstate Civil Defense and Disaster Compact.” Available at http://apps.csg.org/ncic/Compact.aspx?id=34.
Nurse Licensure Compact
Reports
National Council of State Boards of Nursing. “Nurse Licensure Compact.” Available at www.ncsbn.org/nlc.htm.
Pandemic and All-Hazards Preparedness Act (PAHPA)
Public Law, Statute and Regulations
Pandemic and All-Hazards Preparedness Act of 2006. Pub. L. No. 109-417. (120 STAT. 2831). Available at www.gpo.gov/fdsys/pkg/PLAW-109publ417/pdf/PLAW-109publ417.pdf.
Codified, in part, in the Public Health Service Act, 42 U.S.C. 201 et seq. Available at www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap6A.pdf.
Summaries of Law, Statute and Regulations
HHS. “Pandemic and All Hazards Preparedness Act.” Available at: www.phe.gov/Preparedness/legal/pahpa/Pages/default.aspx.
Lister, SA and Gottron, F. Congressional Research Service. The Pandemic and All-Hazards Preparedness Act (P.L. 109-417): Provisions and Changes to Preexisting Law. March 12, 2007. Available at www.fas.org/programs/bio/resource/documents/CRS%20-%20PAHPA%203-07.pdf.
Offices/Programs/Activities
HHS Assistant Secretary for Preparedness and Response website. Available at www.phe.gov/preparedness/pages/default.aspx.
HHS Status Reports on PAHPA Implementation
HHS Assistant Secretary for Preparedness and Response. Pandemic and All-Hazards Preparedness Act – Public Law 109-417 – Progress Report. November 2007. Available at http://healthyamericans.org/reports/bioterror07/PAHPAProgressReport.pdf.
HHS Assistant Secretary for Preparedness and Response. Pandemic and All-Hazards Preparedness Act – Public Law 109-417 – Progress Report on the Implementation of Provisions Addressing At-Risk Individuals. August 2008. Available at www.phe.gov/Preparedness/legal/pahpa/Documents/pahpa-at-risk-report0901.pdf.
HHS Assistant Secretary for Preparedness and Response. Pandemic and All-Hazards Preparedness Act – Public Law 109-417 – Telehealth Report to Congress. January 2009. Available at www.phe.gov/Preparedness/legal/pahpa/Documents/telehealthrtc-091207.pdf.
Public Health Service (PHS) Act, Section 319 - Authorities Related to Public Health Emergencies
Public Law, Statute and Regulations
PHS Act Sec. 319. Codified at 42 U.S.C. § 247d. Available at www.gpo.gov/fdsys/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap6A-subchapII.htm.
Public Readiness and Emergency Preparedness Act (PREP Act)
Public Law, Statute and Regulations
Public Readiness and Emergency Preparedness Act of 2005. Pub. L. No. 109-417 (120 STAT. 2831). Available at www.gpo.gov/fdsys/pkg/PLAW-109publ417/pdf/PLAW-109publ417.pdf.
Codified in the PHS Act at 42 U.S.C. §§ 247d-6d, 247d-6e. Available at www.gpo.gov/fdsys/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap6A-subchapII.htm.
Offices/Programs/Activities
HHS. “Public Readiness and Emergency Preparedness Act.” Available at www.phe.gov/Preparedness/legal/prepact/Pages/default.aspx.
HHS. “Public Readiness and Emergency Preparedness Act: Questions and Answers.” Available at www.phe.gov/Preparedness/legal/prepact/Pages/prepqa.aspx.
Public Readiness and Emergency Preparedness Act (PREP) Act Declarations
Current and Expired PREP Act Declarations:
www.phe.gov/Preparedness/legal/prepact/Pages/default.aspx.
Current Declarations
Amendment to Pandemic Influenza Vaccine (to add additional provisions). March 1, 2010. PREP Act declaration. Available at www.gpo.gov/fdsys/pkg/FR-2010-03-05/html/2010-4644.htm.
Original Declaration and Past Amendments:
Anthrax Countermeasures. Oct. 1, 2008. PREP Act declaration. Available at www.gpo.gov/fdsys/pkg/FR-2008-10-06/html/E8-23547.htm.
Botulism Countermeasures. Oct. 17, 2008. PREP Act declaration. Available at www.gpo.gov/fdsys/pkg/FR-2008-10-17/html/E8-24734.htm.
Pandemic Antiviral Countermeasures. Oct. 17, 2008. PREP Act declaration. Available at www.gpo.gov/fdsys/pkg/FR-2008-10-17/html/E8-24733.htm.
Amendment to Pandemic Antiviral Countermeasures (to add H1N1). April 26, 2009. PREP Act declaration. Available at www.gpo.gov/fdsys/pkg/FR-2009-06-19/html/E9-14412.htm.
Smallpox Countermeasures. Oct. 17, 2008. PREP Act declaration. Available at www.gpo.gov/fdsys/pkg/FR-2008-10-17/html/E8-24737.htm.
Acute Radiation Syndrome Countermeasures. Oct. 17, 2008. PREP Act declaration. Available at www.gpo.gov/fdsys/pkg/FR-2008-10-17/html/E8-24737.htm.
Pandemic Influenza Diagnostics, Personal Respiratory, Protection Devices and Respiratory Support Devices. Dec. 22, 2008. PREP Act declaration. Available at www.gpo.gov/fdsys/pkg/FR-2008-12-22/html/E8-30510.htm.
Expired Declarations
Influenza Antiviral Peramivir. Sept. 28, 2009. PREP Act declaration. Available at www.gpo.gov/fdsys/pkg/FR-2009-10-02/html/E9-23761.htm. Expired June 1, 2010.
Uniform Emergency Volunteer Health Practitioners Act (UEVHPA)
Public Law, Statute and Regulations
Uniform Law Commission. “Emergency Volunteer Health Practitioners Act.” Available at www.uniformlaws.org/Act.aspx?title=Emergency%20Volunteer%20Health%20Practitioners.
Volunteer Liability
Guidance Documents
The Centers for Law & the Public’s Health. Legal and Regulatory Issues Concerning Volunteer Health Professionals in Emergencies: Advanced Tool Kit. April 2007. Available at www.publichealthlaw.net/Research/PDF/ESAR%20VHP%20Toolkit.pdf.
Citizens Corps. Volunteers Liability Guide: An Overview of Legal Issues and Approaches to Address Liability for Emergency Volunteers. Available at www.citizencorps.gov/downloads/pdf/Citizen_Corps_Volunteer_Liability_Guide.pdf.
Presentations
The Network for Public Health Law. Liability Risks and Protections for Volunteer Health Practitioners in Emergencies. November 2010. Available at www.networkforphl.org/_asset/5ywvc8/Western-Region---VHP-Liability-Webinar-12-2.pdf.
Reports
Chu, VS. Congressional Research Service. Emergency Response: Civil Liability of Volunteer Health Professionals. Jan. 19, 2011. Available at www.fas.org/sgp/crs/misc/R40176.pdf.
Summaries of Law, Statutes and Regulations
Nonprofit Risk Management Center. State Liability Laws for Charitable Organizations and Volunteers. Available at www.nonprofitrisk.org/downloads/state-liability.pdf.
Volunteer Organizations
Other Resources
American Red Cross. Available at www.redcross.org/.
Citizens Corps. Available at www.citizencorps.gov/index.shtm.
Community Emergency Response Team. Available at www.citizencorps.gov/cert/index.shtm.
Medical Reserve Corps. Available at www.medicalreservecorps.gov/HomePage
Volunteer Protection Act
Public Law, Statute and Regulations
Volunteer Protection Act of 1997. Pub. L. No. 105-19. Codified at 42 U.S.C. §§ 14501. Available at www.gpo.gov/fdsys/pkg/PLAW-105publ19/pdf/PLAW-105publ19.pdf.