Part 1 of this panel discussion with public health law experts explores key legal issues related to triage and rationing of scarce medical resources, including supplies and personnel, during a public health emergency. Key discussion points include: The key issue Read More
This Joint Statement of the National Association of Boards of Pharmacy (NAPB) and Federation of State Medical Boards (FASB) notes that physicians, pharmacists, pharmacies and hospitals have an ethical duty to put the needs of patients first, and this includes Read More
This article discusses how, unlike China and Italy, United States law requires that states be responsible for most actions taken to address outbreaks. Social distancing measures, such as so-called “safer-at-home” or “stay-at-home” orders, represent one of the most important and Read More
This rapid expert consultation explains the key principles, elements, and messages for Crisis Standards of Care (CSC) decision-making, emphasizing the key distinction of moving from a focus on the individual patient to what is best for an entire group of Read More
This forthcoming article argues that basing resource allocation or triage decisions on a person’s pre-existing disability violates provisions of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Affordable Care Act.   These federal laws prohibit discrimination against Read More
This statement from the Joint Commission encourages healthcare facilities to allow staff to bring and use their own face masks or respirators throughout the day when the facility is unable to provide adequate access to protective equipment. The Joint Commission, Read More
This article discusses the President’s Coronavirus Task Force estimate that by strictly following extended social distancing and hygiene-related recommendations nationwide, the number of U.S. Coronavirus outbreak deaths can be held to 100,000, but that number could go much higher with Read More
This article discusses a New Hampshire court decision that found the governor’s emergency powers permit banning gatherings of more than 50 people, even if such actions infringe on people’s speech, assembly, and religious rights. The New Hampshire governor’s Emergency Order Read More
This JAMA Perspective describes the criminal and civil legal risks that may face providers for withholding or withdrawing ventilators. The authors assess the criminal and civil legal risks as low, but not trivial. On the criminal risks, ventilator withdrawal may Read More
This article discusses a legal challenge filed against the Houston area stay-at-home order barring large, in-person gatherings for church services. Public health emergency response powers historically have permitted such restrictions. While to date Texas has not implemented a statewide stay-at-home Read More

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