From the Public Health Law Program, Office of the Chief of Public Health Practice, CDC
http://www2a.cdc.gov/phlp/

*** 'Costs of Obesity' Report. The peer-reviewed open access journal PLoS Medicine has published the results of a study that estimates the annual and lifetime medical costs attributable to obesity, examining whether public health prevention measures actually decrease health expenditure. To read "Lifetime Medical Costs of Obesity: Prevention No Cure for Increasing Health Expenditure," see http://medicine.plosjournals.org/perlserv/?request=get-document&doi=10.1371/journal.pmed.0050029.

*** Legal Preparedness Article. "SARS and International Legal Preparedness," written by Jason Sapsin and others, and originally published in the Temple Law Review is now freely available in full-text at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1088011.

*** Occupational Health and Safety Article. "Injury Unto Death, Occupational Health and Safety Regulation: the Case of Malawi," written by Zolomphi Nkowani and originally published in the Malawi Law Journal is now freely available in full-text at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1088424.

*** Adult Drug Court Grants. The Substance Abuse and Mental Health Services Administration is accepting applications for FY 2008 grants to expand or enhance treatment services in courts that use the treatment drug court model to provide alcohol and drug treatment services for adult offenders. For more information, see http://www.samhsa.gov/newsroom/advisories/0802052230.aspx.

*** Disadvantage and Disability Conference (3/26). The Institute for the Study of Disadvantage and Disability will host a conference on March 26, 2008, at the Morehouse School of Medicine in Atlanta. Several papers discussing the role of law will be presented. For more information, visit http://www.isdd-home.org/PDFS/disabilitiesanddisadvantages.pdf.

Top Story

1. Consent forms that patients can understand

States and Localities

2. Oklahoma: Supreme Court: lawsuit against tribe may proceed

3. Virginia: Lawmakers weigh parental notification changes

National

4. Eliminating tobacco use in mental health facilities

5. Feds issue new rules designed to improve coal mine rescues

6. States push for cyberbully controls

International

7. Australia: Violence falls after Fitzroy Crossing booze ban

8. United Kingdom: Fair play or morality play?

9. Where there's smoke: emerging world

Briefly Noted

California port suit ∙ Suicide prevention ∙ Florida cigarette claims ∙ Mississippi obesity bill ∙ Nebraska tobacco suit ∙ New York apartment smoking suit ∙ Georgia tobacco funds ∙ Virginia smoking ban ∙ National drowsy driving ∙ EPA mercury ruling ∙ Governors' military powers ∙ Canada hospital infections ∙ Public Health Act penalties ruling ∙ Food advertising ∙ European Union snus ∙ South Africa mine worker suit ∙ United Kingdom pollution plan

Quotation of the Week

Darrel Drobnich, acting CEO of the National Sleep Foundation

This Week's Feature

Law Behind the News. This week, we bring you a ruling from the U.S. Court of Appeals for the District of Columbia Circuit regarding U.S. Environmental Protection Agency rules governing mercury emissions. See below for more!

_____________________________1_____________________________

"Consent forms that patients can understand"

Wall Street Journal     (02/06/08)     Laura Landro

http://online.wsj.com/article/the_informed_patient.html

An effort is underway in hospitals, government, and accrediting agencies to revamp informed-consent procedures to ensure that patients better understand the care they are about to receive. Failure to obtain informed consent is among the most common allegations in medical malpractice suits. The U.S. Centers for Medicare and Medicaid Services recently issued new guidelines calling on hospitals to design patient-friendly procedures or risk losing eligibility to bill Medicare for treatments. Also, the U.S. Department of Veteran's Affairs (VA), with 153 hospitals, has adopted an electronic informed-consent software program known as iMedConsent which allows patients to sign consent forms on a digital pad. The program includes a library of anatomical diagrams and explanations written at a sixth-grade reading level for more than 2,000 procedures in more than 30 medical specialties. The VA is currently conducting a study in seven hospitals to determine the viability of using iMedConsent in conjunction with a "teach back" process that asks patients to explain what they have been told in their own words. A study at the University of California at San Francisco (UCSF) found that using forms written at a sixth-grade reading level, testing patients' comprehension, and explaining things until they are understood increased the number of patients who could answer comprehension questions correctly from between 15 - 28 percent to 98 percent. "First-grade teachers know how to make sure kids understand what they've been taught and can repeat it back to you, but we don't learn how to do this in medical school," said Dean Schillinger, a UCSF professor of clinical medicine.

_____________________________2_____________________________

"Supreme Court: lawsuit against tribe may proceed"

Associated Press     (02/07/08)

http://www.news-star.com/stories/020708/new_59239.shtml

The Oklahoma Supreme Court recently ruled that an Indian tribe can be brought into state court to answer allegations that its casino served alcohol to a noticeably intoxicated customer. "Like any other state-licensed commercial vendor operating a bar and serving alcoholic beverages for consumption on the premises, the tribe is subjected to the criminal and civil jurisdiction of the state," held six of the nine Court justices (another concurred, two dissented). The Absentee Shawnee Tribe of Oklahoma claimed that it had sovereign immunity in a lawsuit stemming from an April 2004 incident on a state highway in which Shatona Bittle was seriously injured in a crash with Valentine Bahe, who is alleged to have been drinking at the Tribe-owned Thunderbird Casino. Bahe died as a result of  the crash, and Bittle sued the casino and tribe under the state's dram shop liability laws. "My client had more than $130,000 in medical bills," said Kevin Hill, an attorney for Bittle. "She had multiple orthopedic injuries, serious injuries that are going to affect her for the rest of her life." The Tribe's attorneys declined to comment. Bittle's case had previously been dismissed by the Pottawatomie County district judge and the state court of appeals based on tribal sovereign immunity. However, the Court's decision now sends the case back to the district court for consideration on the merits. The tribe and casino have argued that Bahe was never at the casino, alleging that the casino closed at 2 a.m. but the crash occurred at 7:15 a.m.

[Editor's note: To read Bittle v. Bahe, 2008 OK 10, see http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=451222.] 

_____________________________3_____________________________

"Lawmakers weigh parental notification changes"

Washington Post     (02/10/08)     Anita Kumar

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/09/AR2008020902152.html
?hpid=sec-health

Virginia lawmakers are considering several proposals that require officials at Virginia's public colleges and universities to alert parents if a student is deemed a danger to self or others. The proposals come in the wake of last spring's shootings at Virginia Tech, after which a panel appointed by Virginia Governor Timothy Kaine found that concerns about privacy restrictions led to communication problems among Virginia Tech officials. Some of the officials erroneously believed that education or medical laws barred them from sharing information with the shooter's parents. According to lawmakers and education experts, school officials often think they are prevented from sharing information with parents and others under the federal Family Education Rights and Privacy Act (FERPA), which protects student's education records -- but does not prevent parental notification if the student is a danger to himself or others. One Virginia bill passed by the House of Delegates attempts to balance privacy rights with safety concerns by providing guidelines for schools. Some school officials worry that the bill will discourage students from seeking needed mental health treatment, placing more of a burden on educational institutions. Other education officials, such as Kirsten Nelson, director of communications and government relations at the Virginia State Council of Higher Education, want the law to be narrowly drawn to prevent application to students who feel "down" but are not in "imminent danger." The Virginia bill next goes to the state Senate for consideration.

[Editor's note: To read HB 1005, see http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB1005H1.]

_____________________________4_____________________________

"Eliminating tobacco use in mental health facilities"

JAMA     (02/06/08)     Jill M. Williams

http://jama.ama-assn.org/cgi/content/short/299/5/571 (subscription required)

The author of this commentary reviews efforts to restrict the use of tobacco products at state-funded psychiatric hospitals. According to the author, in some jurisdictions advocates for the mentally ill are challenging the anti-smoking efforts of medical directors and administrators in court, claiming that such smoking restrictions violate the civil rights of hospital residents. Some states with comprehensive tobacco-free policies have rescinded or exempted psychiatric or addiction treatment facilities under threat of legal action. A recent survey of 222 state-operated facilities revealed that most had begun the process of becoming tobacco-free. Facilities that had already implemented such policies reported improvements in patient health, indoor environments, and staff satisfaction. Some advocates argue that smoking is an "accepted part of the culture of care in some psychiatric hospitals," serving beneficial functions for patients. Nicotine is even thought to provide temporary benefit for schizophrenia and other illnesses. However, according to the author, patients with such conditions have not shown an increase in symptoms while abstaining from tobacco. Among the most frequently-cited obstacles to psychiatric hospital smoke-free policies are the objections of professional staff concerned that patients will become violent. However, after smoking bans are put into practice, staff typically report fewer problems than anticipated. The author also notes that "exempting mental health hospitals from smoke-free laws ... has the potential to worsen health inequalities for people with mental illness and further their stigmatization."

_____________________________5_____________________________

"Feds issue new rules designed to improve coal mine rescues"

Associated Press     (02/09/08)     Tim Huber

http://www.dailypress.com/news/local/virginia/dp-wv--minesafety-rescue0208feb08,0,3406996.story

New rules issued last week by the federal Mine Safety and Health Administration (MSHA)

will impact 653 underground coal mines and more than 50,000 workers. The regulations were authorized by a law enacted in response to several fatal mining accidents in 2006. The new rules require coal mines to have better trained and equipped rescue teams, and place rescue stations no more than an hour away by ground. (Previous rules required a two-hour response time.) Each mine must now also have two rescue teams during each shift. Teams are required to practice 96 hours per year, train in smoky conditions, and participate in two local mine rescue contests each year. Mine industry representatives are not pleased with the new rules. "MSHA evidently dismissed most all the revisions proposed by the entire coal community -- revisions that would have built more flexibility in how rescue teams and safety training could be strengthened," said National Mining Association spokesman Luke Popovich. The new rules also failed to recognize already-existing state mine rescue teams composed of state mine inspectors, said Kentucky Coal Association President Bill Caylor. MSHA estimates it will cost the industry $4.8 million annually to relocate mine rescue stations and add new stations. And Caylor said setting up a new team costs between $200,000 and $300,000. "The impact on the small guy is going to be considerable," he said. Mine operators must submit their plans for providing mine rescue coverage by May 8, and rescue stations must be able to meet the one hour response time requirement by August 8.

[Editor's note: Visit http://www.msha.gov/REGS/FEDREG/FINAL/2008finl/08-551.pdf to read the text of 30 C.F.R. §§ 49, 75, Mine Rescue Teams.]

_____________________________6_____________________________

"States push for cyberbully controls"

USA Today     (02/07/08)     Abbott Koloff

http://www.usatoday.com/news/nation/2008-02-06-Cyberbullying_N.htm

In response to increasing numbers of teenagers, parents, and educators concerned about online bullying, lawmakers across the United States are drafting legislation to give schools more power to address the issue. In 2007, Iowa, Minnesota, New Jersey, and Oregon passed cyberbullying laws; a handful more are considering similar legislation this year. Most extend only to the use of school computers or networks, although some authorize education officials to take action against off-campus bullying if it disrupts school. But policies that address off-campus actions are raising concerns about free speech and student privacy. "The lines between home and school are continuing to blur with more expectations for schools to exercise authority in areas previously reserved for parents," said Randolph (New Jersey) School District Superintendent Max Riley. New Jersey Department of Education guidelines allow administrators to "impose consequences" for off-campus bullying only when it "substantially interferes" with a school's operation. The American Civil Liberties Union (ACLU) has opposed some cyberbullying laws, arguing that they may infringe on students' rights. "That doesn't mean a school district can't be involved. The most important thing is to notify a parent. Most cyberbullying outside of school involves mean, insensitive statements posted on somebody's Facebook page. There's no real threat and no real impact other than hurt feelings," said David Fidanque, executive director of the ACLU of Oregon. But some parents of students who have committed suicide as a result of cyberbullying believe the laws are necessary. "The school should have the right to discipline you if you create stress on someone so that they can't learn," said John Halligan, whose son killed himself after being harassed online.

[Editor's note: Visit http://www.state.nj.us/education/parents/bully.htm to read the New Jersey Department of Education "Model Policy and Guidance for Prohibiting Harassment, Intimidation and Bullying on School Property, at School-Sponsored Functions and on School Buses."]

_____________________________7_____________________________

"Violence falls after Fitzroy Crossing booze ban"

The Australian     (02/07/08)     Tony Barrass

http://www.news.com.au/perthnow/story/0,21598,23173570-2761,00.html

A six-month ban on takeout alcohol, sold by pubs for off-site consumption, has led to striking results in the Australian town of Fitzroy Crossing. The ban, imposed in October 2007 by the West Australian Director of Liquor Licensing, was requested by a group of Aboriginal women to curb increasing rates of alcohol-fuelled violence plaguing the town. The action limits the town's main pub to selling only low-alcohol content beer for consumption off-premises. A report, issued by the West Australia Drug and Alcohol Office, reveals a 43 percent decline in the number of domestic violence incidents between October and December 2007, as compared with the same time period the previous year. The report also found a 55 percent reduction in the number of people seeking emergency treatment at the Fitzroy Crossing Hospital for alcohol-related injuries during the same period. Finally, the report found that while the amount of alcohol consumed at the town's bar increased by 44 percent, there has been a 88 percent decline in the amount of alcohol being purchased at the bar for home consumption. The Office's full report will be released in April.

[Editor's note: To read the Decision of the Director of Liquor Licensing, implementing the six month ban, visit http://liquor.reports.rgl.wa.gov.au/liquor/decisions/A185682.pdf. Full text of the Fitzroy Crossing Liquor Restriction October to December 2007 Interim Report is available at http://www.dao.health.wa.gov.au/IntheMedia/tabid/105/DMXModule/443/Default.aspx?EntryId
=997&Command=Core.Download.]

_____________________________8_____________________________

"Fair play or morality play?"

London Free Press     (02/09/08)     Jane Sims

http://lfpress.ca/newsstand/News/Local/2008/02/09/4836990-sun.html

A recent spate of cases in London has prompted debate among activists and lawyers over whether failure to disclose HIV status prior to consensual, unprotected sex should be tried in criminal courts as sexual assault. According to some activists, such cases would be better handled by public health programs because fear of being prosecuted through the criminal justice system may discourage people from learning their status. (Testing is of particular concern because the majority of new transmissions come from people who have not been tested.) Also, many activists hold the opinion that alleged victims in such cases should be responsible for practicing safe sex while participating in high-risk sexual behavior and not be allowed to file criminal charges afterward. "I don't understand the term sexual assault in consensual sex," said Brian Lester, director of prevention for the AIDS Committee of London. According to Lester, the public health system in London is better equipped to handle the issue because it can detain people and it has authority to issue orders that outline rules that an HIV-positive person must follow, such as using condoms in all sexual encounters and not sharing needles. Although Ron Ellis, a London lawyer, successfully defended a man accused of aggravated sexual assault for failure to disclose his HIV status before high-risk sex, he now joins those who believe failure to disclose should be criminally punishable. "You can't consent to having sexual relations with someone if the act is so manifestly different than what you expected it was going to be," Ellis said.

_____________________________9_____________________________

"Where there's smoke: emerging world"

Wall Street Journal     (02/07/08)     Betsy McKay

http://online.wsj.com/article/SB120235550960649857.html?mod=googlenews_wsj (subscription required)

Last week, the World Health Organization released a report that presents government leaders with six policies that could counter the "tobacco epidemic." The policies are given the acronym "MPOWER": Monitor tobacco use and prevention policies; Protect people from tobacco smoke; Offer help to quit tobacco use; Warn about the dangers of tobacco; Enforce bans on tobacco advertising, promotion and sponsorship; and Raise taxes on tobacco. The report arrived amid efforts by multinational companies to push smoking in areas where little effort has been made to discourage it and at a time when smoking is increasing in the developing world. Yet multinational tobacco companies deny that they target new smokers or seek to take advantage of areas with minimal regulation, claiming that regulation levels the playing field with their local competitors. "Tough but fair regulation in every country is something that's clearly in the interest of governments, the public health community, and consumers, and also for us at PMI," said company spokesman Greg Prager. Companies have been developing and promoting new products, like shorter cigarettes, to attract customers and to comply with tobacco restrictions already in place. The WHO Framework Convention for Tobacco Control requires participating countries (152 at last count) to restrict tobacco advertising, impose smoking bans and tax increases on cigarettes, and toughen health warnings on cigarettes. However, many of the countries do not have money or resources to implement such measures. WHO predicts that 80 percent of people dying from tobacco-related causes will be from low- and middle-income countries by 2030.

[Editor's note: To access "WHO Report on the Global Tobacco Epidemic, 2008," see http://www.who.int/tobacco/mpower/en/index.html. For information on the Framework Convention for Tobacco Control, see http://www.who.int/tobacco/framework/en/.] 

_____________________BRIEFLY NOTED______________________

California: Groups seek appointment of "port czar"

"Environmental groups threaten to sue Port of Long Beach over air pollution"

Los Angeles Times     (02/07/08)     Louis Sahagun

http://www.latimes.com/news/local/la-me-port7feb07,1,3505529.story

California: Office of Suicide Prevention will coordinate agencies, identify best practices

"New state office targets suicides"

Sacramento Bee     (02/07/08)     Phillip Reese

http://www.sacbee.com/111/story/694042.html

Florida: Cigarette companies face thousands of Florida claims

"Lee residents prepare to take on Big Tobacco"

News-Press     (02/10/08)      Pat Gillespie

http://www.news-press.com/apps/pbcs.dll/article?AID=/20080210/NEWS01/80209028/1075

Mississippi: Bill that attracted attention to obesity dies in committee

"Obesity bill canned"

Sun Herald     (02/06/08)     Michael Newsom

http://www.sunherald.com/201/story/350631.html

Nebraska: State sues tribal company for $70,580

"AG Bruning sues tobacco company"

Journal Star     (02/06/08)      Kevin Abourezk

http://www.journalstar.com/articles/2008/02/06/news/local/doc47a9084aa9820487766380.txt

New York: Irate neighbors sue long-time smoker

"Suing the smoker next door"

New York Times     (02/09/08)     Anemona Hartocollis

http://www.nytimes.com/2008/02/09/nyregion/09ansonia.html

Georgia: CDC finds few states use MSA funds to full extent

"State puts little into smoking cessation efforts"

Atlanta Journal-Constitution     (02/08/08)     Alison Young

http://www.ajc.com/metro/content/metro/stories/2008/02/07/smoking_0208.html

Virginia: Senate votes to ban smoking in restaurants, other public places

"Passage of smoking ban gets in tobacco country's eyes"

Washington Post     (02/06/08)     Sandhya Somashekhar

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/05/AR2008020502253_pf.html

National: States looking to outlaw driving on little sleep

"Asleep at the wheel: waking up to the risks of drowsy driving"

Wall Street Journal     (02/05/08)     Melinda Beck

http://online.wsj.com/article/SB120216146693542173.html (subscription required)

National: Cap-and-trade plan said to ignore law

"Court strikes down EPA's plan on mercury"

Associated Press     (02/09/08)     H. Josef Hebert

http://news.yahoo.com/s/ap/20080209/ap_on_bi_ge/epa_mercury_pollution

National: Commission proposes gubernatorial authority over all forces during emergency

"Governors' military powers debated"

Stateline     (02/07/08)     John Gramlich

http://www.stateline.org/live/details/story?contentId=279163

Canada: Facilities required to track MRSA, C. difficile rates

"Hospitals must publicly report infection rates, experts say"

Globe and Mail     (02/05/08)     Lisa Priest

http://www.theglobeandmail.com/servlet/Page/document/v5/content/subscribe?user_
URL=http://www.theglobeandmail.com%2Fservlet%2Fstory%2FRTGAM.20080205.wbugs05%2
FBNStory%2FspecialScienceandHealth%2Fhome&ord=2479451&brand=theglob
eandmail&force_login=true (subscription required)

Canada: Light penalties for health violations don't deter owners, Court says

"Landlord fines too low"

Edmonton Journal     (02/06/08)     Karen Kleiss

http://www.canada.com/edmontonjournal/news/local/story.html?id=25839a3d-8097-43f5-b731-a
c67d9fb704e&k=58846

Canada: Companies adopted voluntary controls on advertising to kids

"Why Tony still has a grip on kids' diets"

Ottawa Citizen     (02/11/08)     Andrew Duffy

http://www.canada.com/ottawacitizen/news/story.html?id=2d97b337-86c5-44fa-b53f-fb1681bcf02b

European Union: Lawmaker sells snus from office, says it helps smokers quit

"E.U. tobacco ban meets its Swedish match"

Wall Street Journal     (02/08/08)     Adam Cohen

http://online.wsj.com/article/SB120242666285452015.html (subscription required)

South Africa: Mine worker seeks damages on gross negligence claim

"Lawyers divided on outcome of mine claim"

Sunday Independent     (02/10/08)     Ronnie Morris

http://www.busrep.co.za/index.php?fArticleId=4245318&fSectionId=552&fSetId=662

United Kingdom: Trucks failing to meet emission targets pay for driving into city

"New charge in London for high-pollution vehicles"

Associated Press     (02/04/08)    

http://www.iht.com/articles/2008/02/04/europe/london.php

__________PHL NEWS QUOTATION OF THE WEEK___________

"Our society thinks sleep is for slackers."

-- Darrel Drobnich, acting CEO of the National Sleep Foundation, on Americans' propensity for working long hours and then getting behind the wheel. [See Briefly Noted item, above.]

__________________LAW BEHIND THE NEWS___________________

Last week, in a case brought by 17 states against the U.S. Environmental Protection Agency (EPA), the United States Court of Appeals for the District of Columbia Circuit struck down two EPA final rules "regarding the emission of hazardous air pollutants ('HAPs') from electric utility steam generating units ('EGUs')." Together, the two rules established a cap-and-trade system for coal-fired EGUs that emit mercury. The cap-and-trade policy had permitted power plants that fail to meet mercury emission targets to buy credits from plants that did, rather than having to install their own mercury emissions controls.

According to the Circuit Court, the first rule, known as the "Delisting Rule," unlawfully removed coal- and oil-fired EGUs from "the list of sources whose emissions are regulated under section 112 of the Clean Air Act ('CAA')." EPA decided it was "appropriate and necessary" to regulate coal- and oil-fired EGUs under section 112 in December 2000 because "mercury emissions from EGUs, which are the largest domestic source of mercury emissions, present significant hazards to public health and the environment," according to the Court. To de-list a source being regulated under section 112, EPA must determine that "'emissions from no source in the category or subcategory concerned...exceed a level which is adequate to protect public health with an ample margin of safety,'" wrote the Court (quoting the CAA). However, the Delisting Rule was promulgated in 2005  without such a determination, EPA conceded. Thus, the Court vacated the Delisting Rule.

The second rule struck down by the Court was contingent on survival of the Delisting Rule. Under the second rule, EPA began to regulate mercury emissions from coal-fired EGUs under section 111 of the CAA, which allows for a cap-and-trade program. However, section 111 "cannot be used to regulate sources listed under section 112;" because the Court held that coal- and oil-fired EGUs remain listed under section 112, the Court also invalidated the second rule.

The Court remanded the mercury emissions standards promulgated under the second rule back to EPA for further consideration.

To read State of New Jersey, et al. v. Environmental Protection Agency, 2008 No. 05-1097 (D.C. Cir.), see http://www2a.cdc.gov/phlp/docs/05-1097a.pdf.

_______________ QUIZ ANSWERS: JANUARY 2007_______________

The January Quiz covered the following issues: January 2, 9, 16, 23, and 30. Check your answers below.

1. "We believe there is really no safe level of rocket fuel in our drinking water," said Bernadette Del Chiaro -- making the list as one of the top News quotes of 2007. (Answer C)

2. According to the 2007 Youth Risk Behavior Survey, New York City's teenage population stopped smoking at a faster rate than adults. (Answer B)

3. It is true that New Jersey landlords with single- and two-family rental properties must now have their properties inspected every five years for lead-based paint hazards. (Answer A)

4. Some 4,400 deaths in California every year are attributed to workplace chemical exposure. (Answer A)

5.  The Journal of School Health is publishing "A CDC Review of School Laws and Policies Concerning Child and Adolescent Health."  (Answer C)

___________________________________________________________

The CDC Public Health Law News is published each Wednesday except holidays, plus special issues when warranted. It is distributed only in electronic form and is free of charge.  News content is selected solely on the basis of newsworthiness and potential interest to readers. CDC and DHHS assume no responsibility for the factual accuracy of the items presented. The selection, omission, or content of items does not imply any endorsement or other position taken by CDC or DHHS. Opinions expressed by the original authors of items included in the News, or persons quoted therein, are strictly their own and are in no way meant to represent the opinion or views of CDC or DHHS. References to products, trade names, publications, news sources, and non-CDC Websites are provided solely for informational purposes and do not imply endorsement by CDC or DHHS. Legal cases are presented for educational purposes only, and are not meant to represent the current state of the law. The findings and conclusions in this document are those of the author(s) and do not necessarily represent the views of CDC. The News is in the public domain and may be freely forwarded and reproduced without permission. The original news sources and the CDC Public Health Law News should be cited as sources. Readers should contact the cited news sources for the full text of the articles.

For past issues or to subscribe to the weekly CDC Public Health Law News, visit http://www2a.cdc.gov/phlp/cphln.asp. For help with subscriptions or to make comments or suggestions, send an email to Rachel Weiss at rweiss@cdc.gov.

The News is published by the Public Health Law Program, Office of the Chief of Public Health Practice, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Christopher Seely, J.D., Associate Editor; Karen L. McKie, J.D., M.L.S., Editorial Advisor.