Association of State and Territorial Health Officials (ASTHO) informs members of Good Samaritan Liability Preparedness Initiative

December 4, 2006

TO: State Health Officials, SHO Assistants, Senior Deputies, State Legislative Liaisons, and Directors of Public Health Preparedness

FROM: ASTHO, Washington, DC

Subject: Good Samaritan Liability Preparedness Initiative

I would like to make you aware of a new legislative initiative designed to enhance the states' ability to incorporate private and non-profit sector organizations into planning and responding to public health and other emergencies. I and members of ASTHO's leadership were briefed on the initiative at the recent APHA meeting by Gene Matthews, former general counsel at CDC, and now a senior fellow at the North Carolina Institute for Public Health.

The goal of the initiative is to facilitate the development of "Good Samaritan" legal liability protections for businesses and non-profit entities that assist in community emergency preparedness activities. Most state Good Samaritan laws only cover individuals and not business entities or non-profit organizations that provide assistance during emergencies. Several key features of the proposed legislative approach recommend it for your review:

1. The protections would only be extended during a governor-declared emergency.
2. The coverage would only apply to activities conducted in coordination with a designated governmental agency, thereby discouraging unilateral action by non-governmental actors.
3. Coverage could extend to pre-event planning and training activities to encourage advanced coordination.

Attached is a document prepared by Gene that provides details about the initiative, as well as examples of possible legislative drafting approaches. I am forwarding this information for your consideration as you prepare for your state's upcoming legislative session. Gene will also be informing local health officers and the public health community through NACCHO and APHA, respectively, so you may also hear about the initiative from other sources in your state.

Should you or your staff want more information or desire technical assistance in moving the initiative forward in your state, please contact Gene at 919-966-9924 or matthewsphlaw@aol.com.