Practical Legal Preparedness: The Maryland Public Health Emergency Law Bench Book

During a public health emergency caused by a natural disaster, act of terrorism, or outbreak of infectious disease, courts will be faced with a plethora of novel legal issues. These issues will relate not only to the legality of emergency public health measures, such as quarantine, but to more mundane matters, such as bail review and the liability of health care providers assisting in emergency response. Not only is the judiciary's preparedness to handle these legal issues critical, but they impact the emergency response and planning efforts of other branches of government and the private sector.

The University of Maryland Center for Health and Homeland Security (CHHS) worked with the Maryland Judiciary to create a Public Health Emergency Law Bench Book. The Maryland Bench Book takes a more comprehensive approach to legal preparedness than other states' efforts to date, addressing issues that include: state and federal statutes governing emergency management; emergency powers of federal, state, and local officials; inter- and intra-state assistance compacts; rules of civil and criminal procedure; constitutional issues related to forced medical treatment; privacy laws; and tort liability of government and private actors.

Because of its comprehensiveness, the Maryland Bench Book is an ideal resource not only for courts during and in the immediate aftermath of an emergency, but for government officials and health care providers as they prepare and plan for their roles during an emergency. Maryland's efforts provide a model for all levels of governments seeking to improve legal preparedness for public health emergencies nationwide.