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Emergency Legal Preparedness

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Submitted By tpatri10
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Public Health Law Seminar
2nd Draft Case Study: Emergency Legal Preparedness
Part I
In accordance to the Model State Emergency Health Powers Act (the Act), the Governor may declare a state of public health emergency upon the occurrence of a public health emergency as defined in Section 1-103(m) of the Act. A “public health emergency” is an occurrence or imminent threat of an illness or health condition that is believed to be caused by the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin and poses a high probability of: (i) a large number of the deaths in the affected population; (ii) a large number of serious or long-term disabilities in the affected population; or (iii) widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.
The Act grants specific emergency powers to state governors and public health authorities because “each state is responsible for safeguarding the health, security, and the well being if its people, [therefore] state and local governments will be able to respond, rapidly and effectively, to possible health emergencies.” For that reason, under the Act the possible spread of Webola in the state will give the Governor probable cause to declare a state of public health emergency.
There were three hundred individuals in attendance of international convention where Dr. Daper attended as well. It is because Dr. Daper, who was at the convention, tested positive for Webola. Webola is a highly contagious disease that can be spread through casual contact and can even be infectious even before the incubation period ends and symptoms are present. Dr. Daper used public transportation and visited tourists attractions in Populous during the conference before becoming sick so it is highly likely

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