Legislative Authorities and Regulatory Issues

• Published in: Koenig and Schultz's Disaster Medicine pp. 151 - 164
• Main Authors: Abbott, Ernest B., Brosnan, Douglas P.
• Format: Book Chapter
• Language: English
• Published: United States Cambridge University Press 30.09.2009
• Subjects: Accident & emergency medicine; Rehabilitation; Trauma & shock
• ISBN: 9780521873673; 0521873673
• DOI: 10.1017/CBO9780511902482.012

OVERVIEW OF THE PROBLEM Catastrophic disasters disrupt the health and medical system. Medical infrastructure (e.g., hospitals, clinics, doctors' offices, laboratories, pharmacies, and medical suppliers) may suffer physical damage, or lose electrical power or communications capabilities such as Internet and computer services. A disaster creates new requirements for medical care when large numbers of people suffer from serious injuries or infectious diseases or are exposed to chemical, radiological, or biological contamination. As demonstrated by the 2004 Indian Ocean tsunami and the 2005 Hurricane Katrina in the U.S., a disaster can generate evacuees in the hundreds of thousands that are separated from their regular medical care network (e.g., doctors, nurses, prescription medications, and medical records), yet continue to require baseline health and medical needs.Catastrophic disasters also challenge the legal basis of the medical system. Compliance with some legal requirements becomes impossible and practitioners must be aware of current standards and legal mandates that exist in the disaster environment. For example, in the United States, federal rules require clinicians to perform a medical screening examination and stabilize any patient who arrives on hospital grounds requesting medical care. How does this regulation apply when there is a physical plant disruption such as a hospital flood or fire, or chemical or radiological contamination of the building? Another example is that virtually all sovereign governments ensure the competence of medical professionals by issuing licenses to those authorized to practice medicine within its borders – yet in a disaster, medical volunteers will cross state or national boundaries to treat disaster victims.