Many of the laws relevant
to public health are not necessarily familiar to
Pennsylvania judges, since public
health issues don't often come to court. In fact, most of
Pennsylvania's public health laws
were written in the 1950's or before. With the emergence of SARS
(Severe Acute Respiratory Syndrome), multi-drug resistant forms of
various communicable diseases, and fears of a possible influenza
pandemic, the AOPC embarked on a review of the Pennsylvania's public
health laws, with an eye toward providing summaries and educational
material judges may useful for quick reference in a public health
emergency.
The Pennsylvania Public Health Law Bench Book is
the result of a year-long effort to compile and analyze
Pennsylvania's public health laws,
statutes and regulations. In some cases where the law is not clear,
the authors and editors reference case law from Pennsylvania and
other states (some from the late 18th and early 19th centuries) to
help provide answers to some of the daunting questions judges may
face if a public health crisis emerges.
This bench book was
primarily the result of the collaborative efforts of AOPC staff and
the University of Pittsburgh Graduate School of Public Health,
Center for Public Health Preparedness. The editorial board consisted
of McKean County President Judge John M. Cleland, Philadelphia
County Judge Mark I. Bernstein, Erie County Judge John A. Bozza,
Grace R. Schuyler, Esquire, from the Office of Legal Counsel,
Pennsylvania Department of Health, and State Court Administrator
Zygmont A. Pines, Esquire. Throughout the research and writing
processes, invaluable assistance was provided by Hon. Linda L.
Chezem, retired Judge of the Indiana Court of Appeals.
This
Public Health Bench Book is the first stage in helping to prepare
our judges and staff if they are faced with a public health
emergency. This first phase focuses on legal knowledge. We are now
working on the second phase, which will address the practical
administrative issues relevant to emergency operations. This second
phase will be completed before the end of the year.