On June 11, 2009, the World Health Organization (WHO) raised the level of influenza pandemic alert to phase 6, which indicates the start of an actual pandemic. This change reflects the spread of the influenza A(H1N1) virus, not its severity. Although currently the pandemic is of moderate severity with the majority of patients experiencing mild symptoms and making a rapid and full recovery, this experience could change. It is timely to examine the legal issues surrounding this public health threat. This report provides a brief overview of selected legal issues including emergency measures, civil rights, liability issues, and employment issues.
The 2009 Influenza Pandemic: Selected Legal Issues (R40560). Washington, DC: CRS Report for Congress, June 15, 2009, 36 pages. Accessed at: http://assets.opencrs.com/rpts/R40560_20090615.pdf
For more information on Influenza A (H1N1) please go to the CDC website or the World Health Organization website
It is important to remember that in the community setting the following general measures may be more important than wearing a mask in preventing the spread of influenza.
For individuals who are well:
Maintain distance of at least 1 meter from any individual with influenza-like symptoms, and:
refrain from touching mouth and nose;
For individuals with influenza-like symptoms:
If masks are worn, proper use and disposal is essential to ensure they are potentially effective and to avoid any increase in risk of transmission associated with the incorrect use of masks.
The following information on correct use of masks derives from the practices in health-care settings (4):
Although some alternative barriers to standard medical masks are frequently used (e.g. cloth mask, scarf, paper masks, rags tied over the nose and mouth), there is insufficient information available on their effectiveness. If such alternative barriers are used, they should only be used once or, in the case of cloth masks, should be cleaned thoroughly between each use (i.e. wash with normal household detergent at normal temperature). They should be removed immediately after caring for the ill. Hands should be washed immediately after removal of the mask.