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Legal issues affecting children with preexisting conditions during public health emergencies
Lainie Rutkow1, Jon S Vernick, Lawrence S Wissow
1Department of Health Policy and Management, Johns Hopkins Bloomberg School of Public Health, 624 N. Broadway, Room 513, Baltimore, MD 21205, USA. hrutkow@jhsph.edu
Insights
Children with preexisting conditions need better legal protections during public health emergencies. This includes addressing informed consent, caregiver separation, and medication access for pediatric care.
Area of Science:
- Pediatric Public Health
- Emergency Preparedness
- Health Law
Background:
- Millions of children, especially those with preexisting conditions, face risks during U.S. public health emergencies.
- Disruptions in treatment, caregiver separation, and pediatrician shortages worsen risks for vulnerable children.
- The U.S. Department of Homeland Security emphasizes integrating children's needs into emergency preparedness.
Purpose of the Study:
- To identify and address legal concerns for pediatricians and policymakers in public health emergencies.
- To improve the integration of pediatric needs into national preparedness strategies.
- To ensure continuous care and support for children with preexisting conditions during crises.
Main Methods:
- Review of legal challenges in pediatric emergency response.
- Analysis of existing legal frameworks and potential gaps.
- Development of recommendations for practitioners and policymakers.
Main Results:
- Informed consent and caregiver separation present significant legal challenges during emergencies.
- Maintaining access to essential prescription medications requires specific legal mechanisms.
- Pediatricians and policymakers need to address these legal issues proactively.
Conclusions:
- Addressing legal concerns is crucial for effective pediatric response to public health emergencies.
- Policy recommendations aim to enhance the protection and care of children with preexisting conditions.
- Proactive legal planning can mitigate risks and improve outcomes for children in disasters.
Abstract:
Among the millions of children in the United States exposed to public health emergencies in recent years, those with preexisting health conditions face particular challenges. A public health emergency may, for example, disrupt treatment regimens or cause children to be separated from caregivers. Ongoing shortages of pediatricians and pediatric subspecialists may further exacerbate the risks that children with preexisting conditions face in disaster circumstances. The US Department of Homeland Security recently called for better integration of children's needs into all preparedness activities. To aid in this process, multiple legal concerns relevant to pediatricians and pediatric policymakers must be identified and addressed. Obtaining informed consent from children and parents may be particularly challenging during certain public health emergencies. States may need to invoke legal protections for children who are separated from caregivers during emergencies. Maintaining access to prescription medications may also require pediatricians to use specific legal mechanisms. In addition to practitioners, recommendations are given for policymakers to promote effective pediatric response to public health emergencies.
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