Preparedness Legal Resources

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(The information provided below is the interpretation of the DSHS Office of General Counsel and should not be substituted for consultation with an attorney.)

Communicable Disease Control Measures in Texas A Guide for Health Authorities in a Public Health Emergency
The laws and rules cited in the Guide are current as of May 1, 2007.

Health Authority Order - Health Authority's Affidavit of Medical Evaluation - Commissioner's Designation of Health Facility MS Word 32 KB

Notice to Person Who Owns or Controls Property: Quarantine of Property MS Word 38 KB

Order Declaring an Area Quarantine MS Word 27 KB

Order for Collection of Information on Detained Common Carrier MS Word 46 KB

Authority to Close Schools to Control Communicable Disease .pdf 38 KB

One-page Summaries of Disaster-Related Legal Issues Prepared by the DSHS Office of General Counsel:

Immunity under Public Readiness and Emergency Preparedness (PREP) Act .pdf 16 KB

H1N1 Influenza and Immunity under Public Readiness and Emergency Preparedness Act .pdf 15 KB

Liability of State Government Employees .pdf 20 KB

Liability of Local Government Employees .pdf 20 KB

Liability of Volunteers for Government Agencies .pdf 20 KB

Liability of Volunteers for Non-Profit Agencies .pdf 20 KB

Liability of Physicians Under Contract With State Government

Liability Under Interlocal Agreements Concerning Homeland Security .pdf 10 KB

Disclosure of Protected Health Information to Government to Locate Persons .pdf 13 KB

Exceptions That Allow Disclosure of Protected Health Information Under HIPAA .pdf 10 KB

Consent for Nonemergency Medical Care of a Minor in a Disaster .pdf 13 KB

Consent for Emergency Medical Care of a Minor in a Disaster .pdf 11 KB

Consent to Immunization of a Minor in a Disaster .pdf 13 KB

Area Quarantine: Radioactive Substances .pdf 9 KB

Area Quarantine for Toxic Substances .pdf 10 KB

Practice of Out-of-State Counselors During a Disaster .pdf 13 KB

Health Facility Licensing in the Event of a Disaster .pdf 10 KB

Emergency Room Closures During a Disaster .pdf 9 KB

Issuance of Death Certificates in a Disaster .pdf 10 KB

 

Summary of Statutory Provisions Affecting the Liability of Providers in a Public Health Emergency (Updated September 22, 2009)
.pdf 59 KB

Frequently Asked Legal Questions on the Confidentiality of Terrorism Documents (Current as of April 27, 2006)
.pdf 24 KB

Attorney General Open Records Letter Opinions Concerning Terrorism or Terrorist Activities (Updated May 2007)
.pdf 225 KB

Mass Fatality Management, Legal Authorities (Current as of February 7, 2008)
.pdf 31 KB

 

Web Sources for Public Health Law and Legal Preparedness:

Texas Health and Safety Code, Chapter 81: Communicable Disease Act

DSHS Local and Regional Services website – Local Health Authority

Texas Government Code, Chapter 418: Texas Disaster Act

Texas Health and Safety Code, Chapter 778: Texas Emergency Management Assistance Compact (EMAC)

National EMAC Web Site

Home page of the CDC’s Public Health Law Program (Federal)

SARS Information for Public Health Lawyers (CDC, Federal)

The Center for Law and the Public’s Health at Georgetown and Johns Hopkins Universities

The Model State Emergency Health Powers Act

Public Health Law Statute Modernization, Turning Point


External links to other sites are intended to be informational and do not have the endorsement of the Texas Department of State Health Services. These sites may also not be accessible to people with disabilities.

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Last updated November 18, 2011