The Rule of Law and Bioterrorism

Cheryl R Caskey

doi:10.29074/ascls.19.4.196

This article requires a subscription to view the full text. If you have a subscription you may use the login form below to view the article. Access to this article can also be purchased.

Cheryl R Caskey, MA CLS CLSpIH(NCA)⇑
1. is the Compliance Officer for Omega Diagnostics, L.L.C. in Shreveport LA. She is also a past president of ASCLS and is currently the editor of ASCLS News

Address for correspondence: Cheryl R Caskey MA CLS CLSpIH(NCA), Compliance Officer, Omega Diagnostics, L.L.C., One St. Mary Place, Shreveport LA 71101. (318) 681-4531, (318) 681-6927 (fax). cheryl.caskey{at}christushealth.org

Extract

Bioterrorism is defined as the deliberate release of pathogens or their toxins into a civilian population for the purpose of causing illness or death.¹ In a world made uncertain by terrorists, a chemical weapon or bioterrorism threat or even a hoax can shut down a business for days and create an unique new type of environmental liability, as well as lead to work-place safety issues and other liabilities.² Physicians and public health officials would bear the brunt of the health nightmare caused by an act of bioterrorism. Mass casualties and the “worried well” would crowd healthcare facilities that barely cope with normal healthcare loads. Often overlooked in thinking about bioterrorism and its effects is the foundation that law provides for effective public health activities.³

The United States Commission on Civil Rights has been warned by the head of the Public Health Association that this country is unprepared for a bioterrorist attack and would be dramatically affected since a large segment of the population is already medically underserved.⁴

THE RULE OF LAW The use of a biological weapon in the United States would trigger a public health and political emergency. Governmental response to national emergencies in many countries has historically brought about the rule of law.³ The rule of law is the idea that human affairs are governed by law, not the arbitrary exercise of power, and that under immense pressure, the latter could result in the abandonment of fundamental legal protections for populations. The internment by the United States of…

ABBREVIATIONS: BIC = business interruption insurance; BSL = biosafety level; BSC = biosafety cabinets; CDC = Centers for Disease Control and Prevention; COC = chain of custody; FBI = Federal Bureau of Investigation; HSPD-5 = Homeland Security Presidential Directive 5; OSHA = Occupational Safety and Health Act; PPE = personal protective equipment; US = United States.