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Published on: October 3, 2016
The evolution of law in biopreparedness.
1Sandra Day O'Connor College of Law, Arizona State University, Tempe, AZ 85287, USA. james.hodge.1@asu.edu
Summary
Legal reforms after 9/11 enhanced national biopreparedness by restructuring government response and creating new public health emergency classifications. Ongoing legal challenges require further attention for effective emergency management.
Area of Science:
- Public Health Law
- Emergency Management
- Biosecurity Policy
Background:
- The September 11, 2001 attacks and subsequent anthrax exposures spurred significant legal reforms.
- These events highlighted critical gaps in national biopreparedness and emergency response frameworks.
Purpose of the Study:
- To explore the evolution of law as a critical tool in national biopreparedness.
- To analyze legal reforms aimed at improving response to public health emergencies.
- To identify persistent legal challenges in biopreparedness and emergency response.
Main Methods:
- Analysis of legal reforms enacted over the past decade.
- Examination of the interplay between law, policy, and public health practice.
- Review of controversies and conflicts among stakeholders in emergency preparedness.
Main Results:
- Legal reforms have reshaped government structures for improved response.
- A new legal category of "public health emergencies" has been established.
- Existing legal norms regarding public and private actor roles in emergencies have been overhauled.
Conclusions:
- Law has become a pivotal instrument in national biopreparedness and response.
- Unresolved legal issues include interjurisdictional coordination, emergency declarations, real-time decision-making, and liability protections.
- Addressing these challenges is crucial to prevent morbidity and mortality during future public health emergencies.
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