What Are The Characteristics Of Public Health

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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…show more content…
o Isolation: separation for the period of communicability for infected persons. o Civil commitment: power to detain during course of infection. (refused to be isolated – states of power to civil commitment) • 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
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