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Law & Ethics In Public Health Unit 2 See attachment SUNSHINE GALLEYPROOFS2 3/30/2018 9:28 AM THE CASE FOR STREAMLINING EMERGENCY DECLARATION AUTHORIT

Law & Ethics In Public Health Unit 2 See attachment SUNSHINE GALLEYPROOFS2 3/30/2018 9:28 AM

THE CASE FOR STREAMLINING EMERGENCY
DECLARATION AUTHORIT

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Law & Ethics In Public Health Unit 2 See attachment SUNSHINE GALLEYPROOFS2 3/30/2018 9:28 AM

THE CASE FOR STREAMLINING EMERGENCY
DECLARATION AUTHORITIES AND ADAPTING LEGAL

REQUIREMENTS TO EVER-CHANGING PUBLIC
HEALTH THREATS

Gregory Sunshine*

INTRODUCTION

Disasters can come from unforeseeable sources and create unforeseeable
problems. The nation’s response system is built to be flexible and responsive to
all threats, including those we cannot predict. As a result, federal, state, and
local governments adopted the National Incident Management System (NIMS),
a framework developed by the U.S. Department of Homeland Security, for
responding to all forms of emergencies, including terrorist attacks,1 natural
disasters,2 oil spills,3 and emerging infectious diseases.4 NIMS’s defining
characteristics—a clear chain of command and flexible organizational
structure—allow it to adapt to any situation.5

* Public Health Analyst with Cherokee Nation Assurance serving the Centers for Disease Control and
Prevention (CDC), Office for State, Tribal, Local and Territorial Support, Public Health Law Program (PHLP).
J.D., University of Maryland School of Law. Research was also supported by Chenega Professional &
Technical Services, LLC. PHLP provides technical assistance and public health law resources to advance the
use of law as a public health tool. PHLP cannot provide legal advice on any issue and cannot represent any
individual or entity in any matter. PHLP recommends seeking the advice of an attorney or other qualified
professional with questions regarding the application of law to a specific circumstance. The findings and
conclusions in this summary are those of the author and do not necessarily represent the official views of CDC.

The author thanks Matthew Penn, J.D., MLIS, Director, Public Health Law Program, Office for State,
Tribal, Local and Territorial Support, CDC, and Rose Meltzer, MPH (2018), The George Washington
University, for their editorial assistance.
1 “ICS provides a flexible core mechanism for coordinated and collaborative incident management,
whether for incidents where additional resources are required or are provided from different organizations
within a single jurisdiction or outside the jurisdiction, or for complex incidents with national implications
(such as an emerging infectious disease or a bioterrorism attack).” U.S. DEP’T OF HOMELAND SEC., NATIONAL
INCIDENT MANAGEMENT SYSTEM 45 (2008).
2 Cf. FED. EMERGENCY MGMT. AGENCY, HURRICANE SANDY FEMA AFTER-ACTION REPORT (2013).
3 See FLA. COMM’N ON OIL SPILL RESPONSE COORDINATION, AN ANALYSIS OF THE EFFECTIVENESS OF
THE USE OF THE INCIDENT COMMAND SYSTEM IN THE DEEPWATER HORIZON (DWH) INCIDENT 15 (2012).
4 See U.S. DEP’T OF HOMELAND SEC., supra note 1, at 45.
5 “NIMS is based on the premise that use of a common incident management framework will give
emergency management/response personnel a flexible but standardized system for emergency management
and incident response activities. NIMS is flexible because the system components can be utilized to develop
plans, processes, procedures, agreements, and roles for all types of incidents; it is applicable to any incident
regardless of cause, size, location, or complexity. Additionally, NIMS provides an organized set of
standardized operational structures, which is critical in allowing disparate organizations and agencies to work
together in a predictable, coordinated manner.” U.S. DEP’T OF HOMELAND SEC., supra note 1, at 6.

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398 EMORY LAW JOURNAL [Vol. 67:397

While NIMS creates a clear structure for emergency response, state and
local responders must still operate within their respective jurisdiction’s legal
system. The law establishes both the powers and limitations for how
government officials protect citizens’ health and well-being.6 While many laws
have been drafted specifically for the benefit of responding to disasters,7
complex and inflexible legal structures might impede efficient and effective
responses.8 To minimize this impact, streamlined and flexible legal systems are

6 Public health law is “the study of the legal powers and duties of the state . . . to ensure the conditions
for people to be healthy and of the limitations on the power of the state to constrain the autonomy, privacy,
liberty, proprietary, or other legally protected interests of individuals.” LAWRENCE O. GOSTIN, PUBLIC HEALTH
LAW AND ETHICS: A READER 9 (rev. 2d ed. 2010) (citation omitted).
7 See, e.g., ALASKA STAT. ANN. § 26.23.010 (West 2007) (“The purposes of this chapter are to
(1) reduce the vulnerability of people and communities of this state to damage, injury, and loss of life and
property resulting from a disaster; (2) prepare for the prompt and efficient rescue, care, and treatment of
persons victimized or threatened by a disaster; . . .”); IDAHO CODE ANN. § 46-1003 (West Supp. 2016) (“It is
the policy of this state to plan and prepare for disasters and emergencies resulting from natural or man-made
causes, enemy attack, terrorism, sabotage or other hostile action, and to implement this policy, it is found
necessary: (1) To create an Idaho office of emergency management, to authorize the creation of local
organizations for disaster preparedness in the political subdivisions of the state, and to authorize the state and
political subdivisions to execute agreements and to cooperate with the federal government and the
governments of other states. (2) To prevent and reduce damage, injury, and loss of life and property resulting
from natural or man-made catastrophes, riots, or hostile military or paramilitary action. (3) To prepare
assistance for prompt and efficient search, rescue, care, and treatment of persons injured, victimized or
threatened by disaster.”); IND. CODE ANN. § 10-14-03-7(a)(1)–(3) (West 2016) (“Because of the existing and
increasing possibility of disasters or emergencies of unprecedented size and destructiveness that may result
from manmade or natural causes, to ensure that Indiana will be adequately prepared to deal with disasters or
emergencies or to prevent or mitigate those disasters where possible, generally to provide for the common
defense, to protect the public peace, health, and safety, and to preserve the lives and property of the people of
the state, it is found and declared to be necessary: (1) to provide for emergency management under the
department of homeland security; (2) to create local emergency management departments and to authorize and
direct disaster and emergency management functions in the political subdivisions of the state; (3) to confer
upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state
the emergency powers provided in this chapter; . . .”); KY. REV. STAT. ANN. § 39A.010 (West 2015) (“It is the
intent of the General Assembly to establish and to support a statewide comprehensive emergency management
program for the Commonwealth, and through it an integrated emergency management system, in order to
provide for adequate assessment and mitigation of, preparation for, response to, and recovery from, the threats
to public safety and the harmful effects or destruction resulting from all major hazards . . . .”); MISS. CODE
ANN. § 33-15-2(2) (West 1999) (“It is the intent of the Legislature to reduce the vulnerability of the people and
property of this state; to prepare for efficient evacuation and shelter of threatened or affected persons; to
provide for the rapid and orderly provision of relief to persons and for the coordination of activities relating to
emergency preparedness, response, recovery and mitigation among and between agencies and officials of this
state, with similar agencies and officials of other states, with local and federal governments, with interstate
organizations and with the private sector.”).
8 “During an emergency, laws serve crucial functions, including clarifying responsibilities, authorizing
critical interventions, and protecting vulnerable populations. However, provisions of existing laws designed for
normal, non-emergency circumstances may sometimes hinder emergency response efforts, thereby potentially
endangering the public’s health rather than protecting it.” Daniel G. Orenstein, When Law Is Not Law: Setting
Aside Legal Provisions During Declared Emergencies, 41 J.L. MED. & ETHICS 73, 73 (2013).

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2018] STREAMLINING EMERGENCY DECLARATION AUTHORITIES 399

vital to address the unforeseeable circumstances that disasters create.9
Centralized emergency response authorities and emergency declarations can
act more efficiently than separate groups of officials and various types of
emergency declarations.10 Further, an adaptable legal system requires the
ability to remove legal barriers. A streamlined and adaptable emergency
response legal system allows disaster responders to react as quickly and
efficiently as possible in our world of ever-changing threats.11

This Article makes the case for streamlining emergency declaration
authority and creating an adaptable legal system. Part I describes the utility of
emergency declarations, but gives examples of how that utility can be
diminished when states divide specific emergency powers across various types
of declarations.12 Part II explores gubernatorial emergency powers to suspend
or waive laws as an adaptable solution for removing legal barriers to an
efficient and effective emergency response.13 These arguments demonstrate
that a streamlined and adaptable state legal system for emergency response is
one that (1) provides a governor with the authority to issue one type of
emergency declaration, (2) does not divide vital authorities across various
declaration types, and (3) provides a governor with the unilateral power to
remove statutory and regulatory barriers to an effective response.

I. STREAMLINED EMERGENCY DECLARATIONS ARE NECESSARY TO
ACTIVATE ALTERNATIVE LEGAL PROCEDURES

Emergency powers are a fundamental tool in legal preparedness.14
However, legal mechanisms for activating these powers through emergency

9 Id. at 74 (“The multifaceted nature of waiver authority during declared emergencies illustrates the
critical role such declarations play in effective response. Something as simple as a toll or payment schedule
can impact response, and more complex systems (e.g., professional licensure) can inhibit volunteer assistance.
Inclusion of waiver provisions in states’ emergency preparedness laws gives officials the flexibility to adapt to
unanticipated and volatile circumstances.”).
10 See infra Part I; see also James G. Hodge, Jr. et al., The Legal Framework for Meeting Surge
Capacity Through the Use of Volunteer Health Professionals During Public Health Emergencies and Other
Disasters, 22 J. CONTEMP. HEALTH L. & POL’Y 5, 23 (2005) (“Some states allow for the dual declaration of
public health emergencies and general emergencies. These states face the potential for legislative confusion
and duplication of efforts, which may detract from the implementation of efficient emergency management
functions.”).
11 See Hodge, supra note 10, at 23.
12 See infra Part I.
13 See infra Part II.
14 See COMM. ON GUIDANCE FOR ESTABLISHING CRISIS STANDARDS OF CARE FOR USE IN DISASTER
SITUATIONS, BD. OF HEALTH SCIS. POLICY, CRISIS STANDARDS OF CARE: A SYSTEMS FRAMEWORK FOR

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400 EMORY LAW JOURNAL [Vol. 67:397

declarations can be complex,15 situation dependent,16 and divided among
specific executive officials.17 Leadership turnover can also exacerbate
confusion by creating knowledge gaps about which officials can exercise what
authorities in which situations.18 While emergency declaration powers provide
a foundation for emergency response, a disparate system of state emergency
declaration powers can create a gap in legal preparedness.

Emergency declarations provide government responders with vital tools to
address the threats posed by disasters. State emergency declaration powers
exist thanks to policymakers determining that—to respond to large-scale
threats to the health and well-being of citizens—governors need special
authorities for the purposes of mitigating the effects of such threats.19 These
“all-hazards” declarations—referred to by a variety of names, including “state
of emergency,”20 “disaster,”21 or “emergency,”22—trigger powers that can be
used to activate state emergency plans,23 activate the state’s national guard,24
and authorize the use of broad powers, including the power to commandeer
property and supplies for government use.25 All-hazards declarations can be
contrasted with “public health emergencies” and “multi-level declarations.”
Public health emergency declarations are specific emergency declarations that
are limited to certain types of threats, such as diseases; multi-level declarations

CATASTROPHIC DISASTER RESPONSE 1–57 (2012) (discussing the challenges to the legal environment posed by
a declared emergency).
15 See infra pages 399–402.
16 See infra pages 403–06.
17 See infra pages 399–402.
18 James G. Hodge, Jr. & Evan D. Anderson, Principles and Practice of Legal Triage During Public
Health Emergencies, 64 N.Y.U. ANN. SURV. AM. L. 249, 269 (2008) (“Duplicate state-emergency declarations
add redundancy, complexity, and confusion to already muddied channels of communication, control, and
accountability. Different state or local agencies may be legislatively or administratively responsible for
coordinating simultaneous responses depending on the type of emergency declared. Thus, these statutory
enactments can lead to confusion because they may vest similar authorities in divergent governmental agents,
fail to set priorities for action when more than one governmental entity is authorized to respond, or grant
conflicting powers.”).
19 Rebecca Haffajee et al., What Is a Public Health “Emergency”?, 371 NEW ENG. J. MED. 986, 986
(2014) (“State laws providing public health emergency powers permit designated officials—typically
governors and their top health officers—to take extraordinary legal actions. The laws provide flexibility in
responding to emergency situations, when adherence to ordinary legal standards and processes could cost
lives.”).
20 See, e.g., CAL. GOV’T CODE § 8558(b) (West 2012).
21 See, e.g., LA. STAT. ANN. § 29:723(2) (West Supp. 2016).
22 See, e.g., KY. REV. STAT. ANN. § 39A.020(12) (West 2015).
23 See, e.g., TEX. GOV’T CODE ANN. § 418.015(a) (West 2012).
24 See, e.g., FLA. STAT. ANN. § 252.36(4) (West 2017).
25 See, e.g., KAN. STAT. ANN. § 48-925(c)(4) (West 2008).

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2018] STREAMLINING EMERGENCY DECLARATION AUTHORITIES 401

are based on the intensity of the threat or level of destruction.26 Public health
emergency and multi-level declarations can create complexity for an
emergency response system by imbuing officials other than the governor—
such as state health officials—with the power to declare emergencies and by
limiting certain governmental powers—which may be necessary during all
disasters—to specific types of disasters.27 The creation of disparate emergency
declaration types creates an unnecessary legal complexity that could burden
disaster planners and responders and hinder rapid and effective emergency
response.

Florida’s recent response to the Zika virus outbreak demonstrated both the
utility of emergency declaration authorities and the complexity created by
disparate types of emergency declarations. Florida’s first cases of travel-related
Zika virus infection were announced on January 19, 2016.28 On February 3,
Florida Governor Rick Scott issued an emergency declaration to address the
threat of Zika in the state.29 In the declaration, Governor Scott ordered a
number of emergency response actions, including designating the state health
department as the agency in charge of coordinating the response, instructing all
state agencies under the governor’s direction to cooperate with the state health
department, and requesting that agencies not under the governor’s direction do
the same.30 Additionally, the governor ordered the state’s Department of
Environmental Protection and its Fish and Wildlife Conservation Commission
to “support the Department of Agriculture and Consumer Services in any way
as it develops extensive mosquito control plans to contain the spread of
[Zika].”31 By using these authorities, the governor established a clear chain of
command for interagency cooperation.

26 “Some states may authorize the declaration of specific exigencies, which include ‘state of war
emergency,’ ‘major emergency,’ ‘civil preparedness emergency,’ ‘manmade emergency,’ ‘natural emergency,’
‘technological emergency,’ ‘catastrophe,’ and ‘energy emergency.’” Hodge & Anderson, supra note 18, at
263–64.
27 See supra note 18.
28 Kara Dapena et al., Miami-Dade County Hit Hard, MIAMI HERALD, http://www.miamiherald.com/
news/health-care/article66790817.html (last visited Sept. 22, 2017); Carli Teproff, Two Cases of the Zika Virus
Found in Miami-Dade, MIAMI HERALD (Jan. 19, 2016, 8:34 PM), http://www.miamiherald.com/news/health-
care/article55538970.html.
29 Fla. Exec. Order No. 16-29 (Feb. 3, 2016), http://www.flgov.com/wp-content/uploads/pdfs/EO1629.
pdf.
30 Id.
31 Id.

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402 EMORY LAW JOURNAL [Vol. 67:397

The governor issued another Zika emergency declaration four months later
on June 23.32 The new declaration greatly expanded the list of affected
counties covered by the initial emergency declaration and activated additional
vital emergency powers related to funding the response activities.33 One such
power, codified at FLA. STAT. ANN. § 252.37(2), states that:

If the Governor finds that the demands placed upon [emergency
management] funds in coping with a particular disaster declared by
the Governor as a state of emergency are unreasonably great, she or
he may make funds available by transferring and expending moneys
appropriated for other purposes, by transferring and expending
moneys out of any unappropriated surplus funds, or from the Budget
Stabilization Fund.34

By activating this authority, the Governor diverted $26.2 million in state funds
to the response efforts.35 As of October 2016, shortly after Congress passed the
Zika Response and Preparedness Act,36 at least $73.2 million in state funds had
been diverted to Florida’s efforts to combat Zika.37 This allocation relied

32 Fla. Exec. Order No. 16-149 (June 23, 2016), http://www.flgov.com/wp-content/uploads/orders/2016/
EO_16-149.pdf. The June 23, 2016 declaration was a new emergency declaration, rather than a renewal of the
previous declaration. Per Florida law, emergency declarations automatically expire after 60 days, unless
renewed by the governor. FLA. STAT. ANN. § 252.36(2) (West 2017). As a result, the governor’s first Zika
emergency declaration expired on April 3, 2016. The June 23, 2016 declaration, issued after the initial
declaration had expired, has been continuously renewed within the sixty-day window as of October 3, 2017.
See Fla. Exec. Order No. 17-260 (Oct. 3, 2017), http://www.flgov.com/wp-content/uploads/orders/2017/EO_
17-260.pdf; Fla. Exec. Order No. 17-211 (Aug. 4, 2017), http://www.flgov.com/wp-content/uploads/orders/
2017/EO_17-211.pdf; Fla. Exec. Order No. 17-115 (Apr. 10, 2017), http://www.flgov.com/wp-content/
uploads/orders/2017/EO_17-115.pdf; Fla. Exec. Order No. 17-43 (Feb. 10, 2017), http://www.flgov.com/wp-
content/uploads/orders/2017/EO_17-43.pdf; Fla. Exec. Order No. 16-288 (Dec. 15, 2016), http://www.flgov.
com/wp-content/uploads/orders/2016/EO_16-288.pdf; Fla. Exec. Order No. 16-233 (Oct. 18, 2016),
http://www.flgov.com/wp-content/uploads/orders/2016/EO_16-233.pdf; Fla. Exec. Order No. 16-193
(Aug. 19, 2016), http://www.flgov.com/wp-content/uploads/orders/2016/EO_16-193.pdf; Fla. Exec. Order No.
16-149 (June 23, 2016), http://www.flgov.com/wp-content/uploads/orders/2016/EO_16-149.pdf .
33 Fla. Exec. Order No. 16-149 (June 23, 2016).
34 FLA. STAT. ANN. § 252.37(2) (West 2017).
35 News Release, Rick Scott, Governor of Fla., Following Washington’s Failure to Authorize Federal
Zika Funding, Gov. Scott to Allocate $26.2 Million for Zika Preparedness (June 23, 2016), http://www.flgov.
com/2016/06/23/following-washingtons-failure-to-authorize-federal-zika-funding-gov-scott-to-allocate-26-2-
million-for-zika-preparedness/.
36 Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2017, and Zika Response and Preparedness Act, Pub. L. No. 114–223, 130 Stat. 857
(2016).
37 Governor Scott announced the money to be spent over the course of four months as follows: $26.2
million on June 23; $5 million on August 22; $10 million on September 16; $25 million on September 22; and
$7 million on October 11. News Release, Rick Scott, Governor of Fla., Gov. Scott: Additional $7 Million
Allocated to Miami-Dade County to Combat Spread of Zika (Oct. 11, 2016), http://www.flgov.com/2016/10/11/gov-
scott-additional-7-million-allocated-to-miami-dade-county-to-combat-spread-of-zika-2/; News Release, Rick
Scott, Governor of Fla., Gov. Scott Authorizes $25 Million in State Funds for Zika Virus Vaccine Research

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2018] STREAMLINING EMERGENCY DECLARATION AUTHORITIES 403

entirely on the Governor’s use of emergency declarations as a vital legal
mechanism to combat the threat that was facing the state.

At the same time, Florida’s use of emergency response authorities in the
fight against Zika demonstrated how disjointed executive authorities can
complicate an emergency response. Like other states that have emergency
declaration authorities unique to certain threats,38 Florida allows specific
authorities to be invoked only during a declared public health emergency.
Florida defines a public health emergency as “any occurrence, or threat
thereof, whether natural or manmade, which results or may result in substantial
injury or harm to the public health from infectious disease, chemical agents,
nuclear agents, biological toxins, or situations involving mass casualties or
natural disasters.”39 The only party that may declare a public health emergency
is the State Health Officer, who must consult with the governor if possible
before doing so.40 Without a public health emergency declaration from the
State Health Officer, officials cannot use unique emergency response
authorities, including issuing orders to allocate prescription drugs to certain
geographic areas, temporarily reactivating certain healthcare practitioners’
licenses, or ordering individuals to be examined, tested, vaccinated, treated,
isolated, or quarantined.41

Florida’s two-declaration approach required Governor Scott, in his
February and June 2016 emergency declarations, to “direct the State Health
Officer and Surgeon General, Dr. John Armstrong, to declare a public health
emergency” in the affected counties.42 Complying with this order, Dr.
Armstrong issued a public health emergency declaration, ordering a meeting of

and Development (Sept. 22, 2016), http://www.flgov.com/2016/09/22/gov-scott-authorizes-25-million-in-
state-funds-for-zika-virus-vaccine-research-and-development/; News Release, Rick Scott, Governor of Fla.,
Gov. Scott: In Absence of Federal Action, State Allocating $10 Million More to Fight Zika (Sept. 16, 2016),
http://www.flgov.com/2016/09/16/gov-scott-in-absence-of-federal-action-state-allocating-10-million-more-to-
fight-zika/; News Release, Rick Scott, Governor of Fla., Gov. Scott: We Will Provide $5 Million in Additional
Zika Preparedness Funding to Miami-Dade County (Aug. 22, 2016), http://www.flgov.com/2016/08/22/
gov-scott-we-will-provide-5-million-in-additional-zika-preparedness-funding-to-miami-dade-county/;
News Release, Rick Scott, Governor of Fla., supra note 35.
38 See Lainie Rutkow et al., The Public Health Workforce and Willingness to Respond to Emergencies:
A 50-State Analysis of Potentially Influential Laws, 42 J.L. MED. & ETHICS 64, 66–67 (2014) (discussing states
that have specific powers tied to public health emergency declarations).
39 FLA. STAT. ANN. § 381.00315(1)(c) (West Supp. 2017).
40 Id.
41 Id. § 381.00315(1)(c)(1)–(4).
42 Fla. Exec. Order No. 16-149 (June 23, 2016), http://www.flgov.com/wp-content/uploads/orders/
2016/EO_16-149.pdf; Fla. Exec. Order No. 16-29 (Feb. 3, 2016), http://www.flgov.com/wp-content/uploads/
orders/2016/EO_16-29.pdf.

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404 EMORY LAW JOURNAL [Vol. 67:397

representatives from various county agencies and boards for affected counties,
the development of action plans by each county health officer to be submitted
to state health department’s incident command offices, and the development of
“an outreach program for local medical professionals to increase awareness
and access to diagnostic tools.”43 As Zika spread, Dr. Armstrong issued an
additional public health emergency declaration extending the same
requirements to newly affected counties.44 Media outlets widely misreported
Dr. Armstrong’s declaration as a public health emergency declaration by the
Governor, thus demonstrating the confusion that having two unique types of
declarations can create.45 Although Florida’s response to Zika did not require
issuance of quarantine orders or reactivation of healthcare professionals’
licenses, had those actions been necessary, media reports likely would have
indicated that those public health emergency-specific authorities had been
activated and ready for use when that was not, in fact, the case.

The challenges that this kind of system poses go beyond semantics. A
jurisdiction can be best prepared by integrating legal authorities seamlessly
into plans, exercises, and procedures. This integration must clearly and
comprehensively describe when and how those powers may be used. Consider
a state whose emergency plan has processes to reactivate healthcare licenses—
including those of retired healthcare professionals—during an emergency, and
included those reactivations in its exercises. That state would train its leaders
and medical community to consider a public health emergency as a trigger for
licensure reactivation. If response leaders then heard in a real-world event—
either through the media or by word of mouth—that the governor had declared

43 Press Release, Fla. Dep’t of Health, Declaration of Public Health Emergency (Feb. 3, 2016),
http://www.floridahealth.gov/_documents/newsroom/press-releases/2016/02/020416-declaration-public-
health-emergency.pdf?utm_source=article.
44 Press Release, Fla. Dep’t of Health, Declaration of Public Health Emergency (Feb. 17, 2016).
http://www.floridahealth.gov/diseases-and-conditions/zika-virus/_documents/021716-declaration-fo-public-
health-emergency-2-17-16.pdf.
45 See, e.g., Greg Allen, Florida Governor Ramps Up Mosquito Fight to Stay Ahead of Zika, NPR (Feb.
4, 2016, 6:42 PM), http://www.npr.org/sections/health-shots/2016/02/04/465575180/florida-governor-ramps-
up-mosquito-fight-to-stay-ahead-of-zika (“In response, Florida’s Gov. Rick Scott has declared a public health
emergency in five counties in hopes of getting ahead of the virus’s spread.”); Korin Miller, Florida Declares
Zika Public Health Emergency: What Does That Mean, Exactly?, YAHOO NEWS (Feb. 4, 2017), https://www.
yahoo.com/beauty/florida-zika-public-health-emergency-140738703.html (“Florida’s governor has issued a
public health emergency in four of the state’s counties after nine residents who had traveled to the Caribbean
and Latin America were diagnosed with the Zika virus.”); Florida Governor Declares Health Emergency in
Four Counties over Zika, REUTERS, Feb. 3, 2016, http://www.reuters.com/article/us-health-zika-
florida/florida-governor-declares-health-emergency-in-four-counties-over-zika-idUSKCN0VC2S9 (“Florida
Governor Rick Scott declared a public health emergency in four counties with travel-related cases of the Zika
virus on Wednesday, and ordered state officials to increase mosquito control efforts in some of the most
populous parts of the state.”).

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2018] STREAMLINING EMERGENCY DECLARATION AUTHORITIES 405

a public health emergency, they would, at best, have to clarify whether the
licensure reactivation power had been activated. At worst, they could assume
that they may begin contacting retired healthcare practitioners.

Disparate emergency …

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