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58 Admin. L. Rev. 627 (2006)
Legal Triage during Public Health Emergenices and Disasters

handle is hein.journals/admin58 and id is 635 raw text is: LEGAL TRIAGE DURING PUBLIC HEALTH
EMERGENCIES AND DISASTERS
JAMES G. HODGE, JR.*
TABLE OF CONTENTS
Introduction  ............................................................................................... 627
I. Defining Legal Triage During Emergencies ................................... 630
II. Critical Legal Issues Concerning Volunteer Health Personnel
During the 2005 Gulf Coast Hurricanes ......................................... 632
A. Emergency Powers and Protections ........................................ 634
1.  Public  Health  Em ergencies ................................................ 635
2.  G eneral Em ergencies ......................................................... 636
3.  D ual D eclarations  .............................................................. 637
4.  Federal D eclarations  .......................................................... 638
B. Volunteer Liability for Harms to Patients ............................... 640
C. Licensure Portability of Volunteer Health Personnel .............. 642
C onclusion  ................................................................................................. 644
INTRODUCTION
Public health emergency preparedness is a national, state, and local
priority. Public health and safety authorities at all levels of government
and the private sector are working hard to plan, train, allocate resources,
and develop relationships in anticipation of significant public health
emergencies    (such  as  epidemic    infectious  disease  outbreaks   and
widespread acts of bioterrorism) or disasters (such as major hurricanes and
catastrophic earthquakes). Though important, no amount of planning,
relationship-building, resource sharing, or training can fully prepare the
nation for the consequences of an emergency. Emergency events like the
terrorist attacks on September 11, 2001, or more recently, Hurricanes
* Associate Professor and Executive Director, Center for Law and the Public's
Health, Johns Hopkins Bloomberg School of Public Health; J.D., Salmon P. Chase College
of Law; L.L.M., Georgetown University Law Center. I would like to thank Jessica P.
O'Connell, J.D., M.P.H., and Dru Bhattacharya, J.D., M.P.H., for their contributions to this
article.

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