An Introduction to Public Health Law in Texas

An Introduction to Public Health Law in Texas Anne Kimbol University of Houston Health Law and Policy Institute

What is Public Health Law? Intersection between public health professionals and government/regulation Largely deals with authority and the balance between the need to protect the public health and individuals’ rights

Authority in Texas - Federal Police powers v. Commerce Clause. President – communicable disease definition Secretary of HHS/CDC – regulations relating to communicable diseases and help states

Authority in Texas - Governor Texas Disaster Act Evacuations Emergency management plan

Authority in Texas - DSHS Implementation of communicable disease control measures Declare public health disaster Define reportable diseases Help/preempt local authorities Investigate cases

Authority in Texas - Local health authority is in charge of control measures locally and most communication between locals and DSHS Authority generally overlaps with DSHS but with area limitations For certain actions, LHA must consult DSHS

Authority in Texas - Courts largely play a role of ensuring adequate balance between public safety and individual rights Mostly get involved when a party refuses to comply with an order from the LHA or DSHS

Reportable Diseases - Who? Dentists Vets Local school authorities Person in charge of clinical or hospital lab, blood bank, mobile unit, or other facility performing labs RN Administrator or director of nursing home, personal care home, maternity home, adult respite care center, adult day-care center, home health agency, institution of higher ed, public or private camp, home, or institution, correctional institution Owner or manager of restaurant, dairy, other good handling or processing place EMT Peace officer Firefighter

Reportable Disease – What And When? Defined by DSHS http: //www. dshs. state. tx. us/idcu/investigatio n/conditions/ Additional organisms Information to be reported

Reportable Diseases - Animals Multiple species diseases n n n Akabane - Akabane virus Anthrax** - Bacillus anthracis Aujeszky’s disease - Pseudorabies virus, herpesvirus suis Leishmaniasis** - Leishmania infantum and L donavani Foot and mouth disease - Aphthovirus, types A, O, C, SAT, Asia Heartworm - Cowdria ruminantium African Trypanosomosis (Nagana) - Trypanosoma brucei, T. vivax, T. brucei Rinderpest - Morbillivirus Rift Valley fever - Bunya virus Vesicular stomatitis - Rhabdovirus; 2 serotypes; New Jersey and Indiana Screwworm - Cochliomyia hominivorax Cattle diseases (including Exotic Bovidae) n n n n n Bovine babesiosis - B. bovis, B. divergens, Babesia microti Bovine babesiosis - B. divergens, Babesia microti Bovine brucellosis - Brucella abortus Bovine ephemeral fever - Rhabdovirus Bovine tuberculosis - Mycobacterium bovis East coast fever (Theileriosis) - Theileria parva Malignant catarrhal fever (wildebeest associated) – Alcelaphine herpesvirus (AHV 1) Contagious bovine pleuropneumonia - Mycoplasma mycoides Lumpy skin disease - Neethling poxvirus Bovine spongiform encephalopathy Scabies - Sarcoptes scabiei, Psoroptes bovis, Chorioptes bovis

Reportable Diseases - Animals Cervidae n n n Brucellosis - Brucella abortus, Brucella suis (biotype 4) Chronic Wasting Disease Tuberculosis - Mycobacterium bovis Sheep and goat diseases n n n n Caprine and ovine brucellosis (not B. ovis infection) - Brucella melitensis Contagious caprine pleuropneumonia - Mycoplasma capri (biotype 78) Louping ill - Flavovirus Nairobi sheep disease - Bunyaviridae Peste des petits ruminants - Morbillivirus, Paramyxoviridae family Sheep pox and goat pox - Capripoxvirus Scrapie Scabies - Sarcoptes scabiei Equine diseases n n n n African horse sickness - Orbivirus Contagious equine metritis - Tayorella equigenitalis Dourine - Trypanosoma equiperdum Epizootic lymphangitis - Histoplasma farciminosum Equine encephalomyelitis (Eastern and Western)** - Alphavirus Equine infectious anemia - Lentivirus Equine morbillivirus pneumonia - Morbillivirus Equine piroplasmosis - Babesia equi, B. caballi Glanders - Pseudomonas mallei Japanese encephalitis - Flavovirus Surra - Trypanosoma evansi Venezuelan equine encephalomyelitis** - Alphavirus; Togaviridae family Equine Viral Arteritis (EVA)* *** Equine Herpes Virus-1 (EHV-1)*

Reportable Diseases - Animals Swine diseases n n n African swine fever - Poxvirus Classical swine fever (hog cholera) - Togovirus Pseudorabies - Herpesvirus suis Porcine brucellosis - Brucella suis Swine vesicular disease - Picornavirus Vesicular Exanthema - Calicivirus Poultry diseases n n n Avian influenza - Orthomyxoviruse Avian infectious laryngotracheitis - Orthomyxovirus, herpesvirus Avian tuberculosis - Mycobacterium avium serovars 1, 2 Duck virus hepatitis - Picornavirus Duck virus enteritis - Herpesvirus Fowl typhoid - Salmonella gallinarum Highly pathogenic avian influenza (fowl plague) - Orthomyxovirus (type H 5 or H 7) Infectious encephalomyelitis - Arbovirus Ornithosis (psitticosis) - Chlamydia psittaci Pullorum disease - Salmonella pullorum Newcastle disease (VVND) - Paramyxovirus-1 (PMV-1) Paramyxovirus infections (other than Newcastle disease) - PMV-2 to PMV-9 Rabbit diseases n n Myxomatosis - Myxomatosis virus Viral haemorrhagic disease of rabbits - Calciviral disease *These diseases will only be reportable through the last day of the 81 st Texas Legislative Session unless continued in effect by act of the legislature. **These diseases are also reportable to the Department of State Health Services (DSHS) ***This disease has reporting standards in Chapter 49, § 49. 4 of this title (relating to Equine Viral Arteritis (EVA): Reporting and Handling for Breeding of Infected Equine).

Reportable Diseases – Where? To DSHS or Local Health Authority must report to DSHS Texas Animal Health Commission

Reportable Diseases – Why? Tracking Class B Misdemeanor Liability protection for good faith reporting Protection of those handling dead bodies

Communicable Diseases - Schools LHA may close school if needed to protect public health Exclusionary conditions n n n n n n n Amebiasis Campylobacteriosis Chickenpox Amebiasis Common cold Conjunctivitis, bacterial and/or viral Fever Fifth disease Gastroenteritis Giardiasis Head lice Hepatitis A Impetigo Infections mononucleosis Influenza Measles Meningitis bacterial Mumps Whopping cough Ringworm Rubella Salmonellosis Scabies Shigellosis Streptococcal sore throat and scarlet fever – until antibiotic treatment has begun and physician certificate or health permit is obtained

Quarantine and Isolation - Terms Quarantine n n Not defined in Texas H&S Code PH definition – Separation and restriction of movement of individuals who are not yet ill but have been exposed to a communicable disease Isolation n n Also not defined in law Separation of individuals ill with a communicable disease Terms are often used interchangeably in law

Quarantine and Isolation - Property

Q&I – Property - DSHS Right of entry Samples Impose control measures n n n Quarantine Restrict access Destruction

Q&I – Property – LHA Same as DSHS within region

Q&I – Property – Courts Penalties Enforcement

Quarantine and Isolation - Carriers

Q&I – Carriers - DSHS Order the vehicle stopped Get information on people aboard Impose control measures

Q&I – Carriers – LHA Same as DSHS

Q&I – Carriers - Courts Penalties Enforcement

Quarantine and Isolation - Areas

Q&I – Areas – DSHS Quarantine Investigations Work with neighboring states Publish notice Obtain immunization records

Q&I – Areas – LHA Quarantine after DSHS consult Written notice n n Governing body Public Designate facilities

Q&I – Area – Courts Penalties Enforcement Suspend admission of patients seeking elective treatment

Quarantine and Isolation - People

Q&I – People – DSHS Preempt LHA Return other states’ residents Impose control measures n n Individuals Groups

Q&I – People – LHA Same as DSHS

Q&I – People – Courts Penalties Different types/levels/procedures for enforcement n Order for Management of Person with a Communicable Disease Temporary Extended n Protective Custody Orders

Q&I – People – Courts – PCO Motion for Order for temporary protective custody Order for TPC Motion for Order for Protective Custody Attorney Probable Cause hearing Court order – continued detention or release

Q&I – People – Courts – OMPCD Application Appointment of attorney Timing Notice Recommendations Hearing Court decision – release, outpatient, temporary, extended

Q&I – People – Modifications Cause Notice Hearing Detention Counsel Court decision

Q&I – People – Renewal For extended management order Application Affidavit Attorney Hearing

Q&I – People – Rehearings Rehearing Appeal Examination Timing

Q&I – People – Treatment Facility Temporary Passes Release/discharge

Q&I – People – Groups Any statement or determination regarding the conduct of a member of the group must apply to the majority of its members; Any finding or statement regarding compliance must apply to all members of the group; Any notice being sent to the group must also be published in the local newspaper of general circulation, state that the group is appointed one attorney but any individual member may request an individual attorney, and include instructions for people who suspect they may be part of the group to contact DSHS or the LHA.

Rabies A reportable condition in humans and animals For animals n n Report within one working day of diagnosis for animal Report to regional zoonosis control office of Zoonosis Control Division in Austin For humans – report immediately to LHA or DSHS regional director (considered public health emergency)

Rabies – DSHS H&S Code Chapter 826 Set minimum standards Provide vaccine or serum Adopt control measure rules Hold hearings Regulate facilities Override locals

Rabies – Local/Professionals Local rabies control authority Animal licensing Quarantine and other control measures Liability protection for veterinarians Exemptions for police dogs Penalties for facilities Rabies biologicals

Rabies – Individuals Vaccinate cats and dogs n Penalties for failure Reporting of suspected rabies and/or possible transmission to humans

Rabies – Area Quarantines Area quarantine if rabies exists in an area Borders and rules adopted Restraint provisions Penalty for failure to comply

Contact Information; Other UH Health Law and Policy Institute will be releasing a bench book for judges on isolation and quarantine issues. Will include charts shown here as well as sample forms and simplified language summarizing the key statutes. Anne Kimbol, askimbol@central. uh. edu, 713 -743 -2198

Further Contacts/Information FEDERAL n n n Centers for Disease Control and Prevention (800) CDC-INFO Federal Emergency Management Agency (800) 621 -FEMA National Institutes of Health (301) 496 -4000 Office of the Surgeon General (301) 443 -4000 Public Health Service Commissioned Corps (240) 453 -6000 STATE n n n Commissioner of Health (888) 963 -7111 Governor’s Office (800) 843 -5789 Office of General Counsel, TDSHS (512) 458 -7236 Office of Public Health Practice, TDSHS (512) 458 -7700 Center for Public Health Preparedness and Response, TDSHS (512) 458 -7219

Further Contacts/Information SUGGESTED LOCAL CONTACTS n n n n County Commissioners’ Court County and/or municipal departments of health City Council City Attorney’s Office Local office of public health preparedness County Attorney County Appraisal District Information Available on the Internet n n n n Centers for Disease Control and Prevention http: //www. cdc. gov/ Federal Emergency Management Agency http: //www. fema. gov/ National Institutes of Health http: //www. nih. gov/ Governor’s Office http: ///www. governor. state. tx. us Texas Department of State Health Services http: //www. dshs. state. tx. us Communicable Disease Control Measures in Texas, DSHS Report http: //www. dshs. state. tx. us/comprep/ogc/cdmanual. pdf Avian Flu Pandemic Litigation Forms, Office of the Attorney General http: //www. oag. state. tx. us/notice/emergency /birdflu/index_forms. php