|
|
|
Speaking Points
|
|
|
|
We will see great deference
given to the state’s authority to protect the health and welfare of the
public in a public health emergency, but there are relationships with other
jurisdictions that will figure in a public health emergency.
|
|
|
|
For example, the federal
government, perhaps through the US Department of Health and Human Services,
Centers for Disease Control and Prevention, or the Department of Homeland
Security may exercise authority, particularly in situations between a foreign
country and another state, or in matters that cross one state’s border to
another’s.
|
|
|
|
States and foreign countries
may also enter into agreements, much like mutual-aid agreements, which may
sound familiar, that are called “compacts.” Maine is a signatory of two major
compacts:
|
|
|
|
The Emergency Management
Assistance Compact includes nearly every U.S. state.
|
|
|
|
The International Emergency
Management Assistance Compact includes all six of the New England states, as
well as the Canadian provinces of New Brunswick, Newfoundland and Labrador,
Nova Scotia, Prince Edward Island, and Quebec.
|
|
|
|
These compacts are codified
in the Maine statutes, and basically serve as vehicles through which Maine
and other jurisdictions agree to request and receive assistance from each
other– in this case, during a public health emergency.
|
|
|
|
The provisions of the
compacts apply to the liability and licensure of one jurisdiction’s
professionals or emergency responders acting in another’s. They can also
include arrangements between the jurisdictions regarding compensation for
services that are provided from one jurisdiction to another.
|
|
|
|
And, coordination among
various agencies within a single state is another aspect of coordination, and
the one that is probably most obvious to you as you practice in a public
health emergency.
|
|
|
|
You can see that matters
that cross state boundaries and jurisdictions is an area of law that is
served by interstate compacts and interagency agreements that clarify
individual and institutional roles and responsibilities.
|