Defining Characteristics Of Public Health Law Essay

Defining Characteristics Of Public Health Law Essay

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• Defining characteristics of public health law:
o Government – (actor) duly elected officials, how are taking the action that will potentially promote and protect the health of the public, while balancing out individual rights.
o Populations – groups of people who share similar characteristics.
o Essential services of public health – prevention; promotion and welfare of the public’s health.
o Police power – ability to cohere people to do things, which they might not otherwise do if not required to do so without government action.
• “The constitution vests powers in the government to protect the community and provide for public safety while providing protections for individual rights.” - we are responsible for the communities health and safety, making sure we do not infringe inappropriately on individual rights.
• In the preamble to the constitution, “promote the general Welfare” and at the same time, “secure the blessings of liberty to ourselves and our posterity” – the constitution itself requires us to promote welfare and safety to the general public and the same time remembers individuals have rights.
• States’ police power – best described as what the state does to make sure we have within our constitutional limits, we have better welfare for the people who live in our states, while at the same time people have interests in “liberty, autonomy, privacy, association, economic activity.”
• 10th amendment – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.” – it is the states that take the role of public health and public safety.
• Examples of states’ police power in public health actions:
o Mandated vaccinatio...

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• Standards for confinement in a public health emergency: 4 part test
o A compelling state interests that is substantially furthered by confinement (others will get sick, possibly die)
o A well-targeted intervention (not over inclusive or under inclusive)
o Level of detention is the least restrictive alternative available, and ( don’t isolate a person how should be commitment)
o The detainee is provided with procedural due process of law (was the process fair?)
• Role of the state attorney general: chief legal officer of the state, elected official in 43 states, broad power to protect and promote the public’s health.
• Examples of use of power to protect and promote the public’s health: tobacco settlement and tobacco control activities, dietary supplements, end-of-life care, use of anti-trust review and analysis to review hospital mergers, Medicaid fraud.

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