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ASTHO Files Amicus Brief in Michigan Case, Argues Against Criminally Charging Health Officials During Major Public Health Crises ARLINGTON, VA—Last week, the Association of State and Territorial Health Officials (ASTHO) filed an amicus brief with the Genesee District Court in Michigan asserting that criminal prosecutions of health officials based on their professional judgment and decisions will weaken governmental public health’s ability to respond during health emergencies and present additional risks to the public. The court case is the first of its kind where a standing health official has been criminally charged for an alleged failure to notify the public regarding an outbreak of Legionnaire’s disease in Genesee County in 2014 and 2015. The outcome of this case is of great interest to ASTHO and its members who are concerned that the threat of criminal sanctions based on a health official’s professional, discretionary decisions will endanger public health. “We are very alarmed by this case, and the fact that a health official can be criminally charged to this extent for doing his job, especially during a public health crisis, is not right,” says John Wiesman, president of ASTHO and secretary of health at the Washington State Department of Health. “ASTHO’s board has carefully considered the allegations in the case. As public health officials, our decisionmaking does not fit within a one-size-fits-all model, but rather includes a thoughtful approach to limiting widespread panic, translating meaningful communication about public health risks and proper efforts to address the crisis at hand, especially when information is subject to change or incomplete.” “The outcome of this case could have an immediate chilling impact on the entire public health profession and a cascading effect on critical life and death decisions public health officials face every day,” says Michael Fraser, CEO of ASTHO. “The public must trust our public health officials to make the right decision at the right time and the fear of criminal prosecution will stymie their efforts.” The amicus brief also notes that “the basis for responsible public health communication is scientific knowledge and consensus,” and “[p]ractitioners have a responsibility to examine the quality of the available scientific information prior to performing any communication activity.” ASTHO Press Release Boilerplate website yes

Michigan Court Decision on Health Official's Case is Bad for Public Health ARLINGTON, VA—Michael Fraser, CEO of the Association of State and Territorial Health Officials (ASTHO), issued the following statement today in response to a Michigan court's decision to proceed with the prosecution of a sitting health official for decisions made in notifying the public about an outbreak of Legionnaires' disease in Genesee County in 2014 and 2015: "We are very disappointed that the court decided to allow the prosecution against Nick Lyon to proceed to trial. ASTHO firmly believes criminally charging a public health official for deaths related to an outbreak sets a dangerous precedent for leadership and decisionmaking during a public health crisis. The ultimate goal among our nation's state and territorial health officials is to protect the health and well-being of their constituents. State health officials and their leadership teams are trained to make thoughtful, scientific, and data-driven decisions, while limiting undue public panic. As this case moves forward to trial, ASTHO will continue to articulate the serious ramifications and lasting impact the court's decision will have on our profession as a whole." ASTHO Press Release Boilerplate website yes