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Collaborating with Sovereign Tribal Nations to Legally Prepare for Public Health Emergencies
1Tina Batra Hershey, J.D., M.P.H., is an Assistant Professor in the Department of Health Policy and Management at the University of Pittsburgh Graduate School of Public Health, an Adjunct Professor at the University of Pittsburgh School of Law, and the Associate Director of Law and Policy at the Center for Public Health Practice. She is a cum laude graduate of Villanova University, Villanova, PA and received a joint Juris Doctor (with honors) and Master of Public Health in Health Policy from The George Washington University, Washington, DC.
Abstract:
Public health emergencies, including infectious disease outbreaks and natural disasters, are issues faced by every community. To address these threats, it is critical for all jurisdictions to understand how law can be used to enhance public health preparedness, as well as improve coordination and collaboration across jurisdictions. As sovereign entities, Tribal governments have the authority to create their own laws and take the necessary steps to prepare for, respond to, and recover from disasters and emergencies. Legal preparedness is a key component of public health preparedness. This article first explains legal preparedness and Tribal sovereignty and then describes the relationship between Tribal Nations, the US government, and states. Specific Tribal concerns with respect to emergency preparedness and the importance of coordination and collaboration across jurisdictions for emergency preparedness are discussed. Examples of collaborative efforts between Tribal and other governments to enhance legal preparedness are described.
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