33 J.L. Med. & Ethics 73 (2005)
Community and Interjurisdictional Legal Preparedness

handle is hein.journals/medeth33 and id is 945 raw text is: Community and Interjurisdictional
Legal Preparedness
Anne M. Murphy, Steven H. Hinrichs, Priscilla Fox, Daniel Stier,
and James G. Hodge, Jr. (Moderator)

James G. Hodge, Jr.
Quintessential to public health preparedness efforts
in response to emerging infectious diseases, bioterror-
ism, or other emergencies is the need to address legal
issues that relate to interjurisdictional (local, state,
regional, and international) exchange and use of
resources, personnel, and data across boundaries.
Articulating the complex, interjurisdictional legal
challenges that underlie effective responses to public
health emergencies with potentially catastrophic con-
sequences is not easy. This session is devoted to (1)
clarifying policy and practical issues related to these
legal challenges, including development and fostering
of relationships among multisectoral partners; and
(2) identifying  existing  frameworks, projects,
approaches, and tools for improving interjurisdiction-
al legal preparedness, including mutual aid agree-
ments, compacts, and legal checklists.
The Center for Law and the Public's Health at
Georgetown and Johns Hopkins Universities has
worked extensively on issues concerning community
and interjurisdictional legal preparedness. It has
recently produced a foundational checklist on
Interjurisdictional Legal Coordination for Public
Health Emergency Preparedness.' Center colleagues
have also developed fundamental guidance on the
legal and ethical issues concerning the interjuris-
dictional use of medical volunteers during public
health or other emergencies for the Health Resources
and Service Administration's Emergency System for
Advance Registration of Volunteer Health Profession-
als (ESAR-VHP) program. Major cross-boundary
legal issues concerning the deployment and use of vol-
unteers include concerns about the scope of emer-

gency declarations, liability of volunteers and hosts,
licensing, credentialing, worker's compensation, and
As summarized below, each of the panelists brings
his or her perspectives regarding community and
interjurisdictional legal preparedness. Anne Murphy
discusses key provisions of the new mutual aid agree-
ment endorsed by most Illinois local health depart-
ments. Steve Hinrichs offers insight on the new, ten-
state Mid-America Alliance dedicated to developing
an interstate agreement for public health emergency
mutual aid that is likely to serve as a national model.
Priscilla Fox describes the work of the International
Emergency Management Group which has developed
legal tools to support mutual aid between the New
England states and Canada's eastern provinces. And
from the Centers for Disease Control and Prevention
(CDC), Dan Stier comments on the importance of
legal coordination within (and outside) of the U.S.
Anne M. Murphy
The Illinois Public Health Mutual Aid System (IPH-
MAS) is an intergovernmental, intrastate agreement
in Illinois for sharing resources among certified
Illinois local health departments. This system of
mutual aid is available during events such as bioter-
rorism or other emergencies. Ninety-three of the 95
certified local health departments in Illinois have
agreed to participate in the program.
Over the last several years, there has been a sense of
urgency in public health, and the need to implement
a statewide intrastate mutual aid program arose
after the September 11, 2001 terrorist attacks and
the anthrax mailings. Legal staff in the Illinois


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