10 Public Health law.pdf

Public Health Law Learning objective  To understand the basic concept of public health law  To identify the major area of public health law and sources Introduction  Public health law is a field that focuses legal practice, scholarship and advocacy on issues involving the government’s le...

Public Health Law Learning objective  To understand the basic concept of public health law  To identify the major area of public health law and sources Introduction  Public health law is a field that focuses legal practice, scholarship and advocacy on issues involving the government’s legal authorities and duties “to ensure the conditions for people to be healthy,”  PHL insure how to balance these authorities and duties with “individual rights to autonomy  The scope of public health law is broad. Public health law issues range from narrow questions of legal interpretation to complex matters involving public health policy, social justice and ethics. Law as a public health tool  Legal tools such as statutes, regulations and litigation have played a vital role in historic and modern public health  achievements including advances in    infectious disease control, food safety, occupational health, injury prevention and emergency preparedness and response For example  local governments have passed clean indoor air legislation to address tobacco as a health hazard,  state courts have upheld vaccination mandates  and federal regulations have established vehicle performance crash standards to promote motor vehicle safety. Sources of public health law  Legal authority relevant to population health comes from five basic legal sources and from every level of government Constitutions International Legislation Regulations Case law agreements. Privacy Act  Example . Do not disclose facts about an individual without permission. However, newsworthiness can be a defense if the media prints embarrassing private information.  Meant to prevent the government from releasing personal data about employees and others. Privacy Act   In most instances, you may not release the following:  Age or date of birth  Marital status and dependents  Race  Sex  Legal proceedings The act usually protects medical record. Public Health Laws  Must balance between the social needs of the community and the liberty of the individual.  Traditionally, courts have been hesitant to invalidate public health laws. Taking of Private Property  Many public health laws prohibit or ban the possession of hazardous materials.  Its requires the government to compensate persons whose private property rights are affected by public health law. Privacy Rights  Some say immunization requirements, compulsory HIV testing, and seat-belt laws infringe on individual rights and violate the “right to privacy.”  The right to privacy has been limited to intimate areas of life. Responsibility Statutes authorize public health officials to protect and enhance the public’s health and safety. Some are mandatory, and others are discretionary. Examples: Mandatory  Maintain vital records.  Regulate air pollution. Discretionary  Create a waste disposal site.  Inspect social services. Interstate Quarantine The Health director may take measures to prevent the spread of disease.  Can restrict travel.  Limit access to public transportation.  Separate provisions for military. Foreign Quarantine  Ship and aircraft personnel must report ill persons and onboard deaths. International health regulations ..................... Isolation and surveillance  Public health authority has the right for deciding Isolation and Surveillance Power to protect the public health and safety  Communicable disease control  Sanitation  Nuisance  Drinking water Administrative Law   Public health law, and most health law, is carried out by government agencies  State Department of Health  Local authorities More generally, government works through agencies Disease Investigation  Contract Tracing  Partner Notification  Investigations of business and food establishments  Public health data can be reported to the police, but it cannot be the basis of prosecution Disease Investigation  Contract Tracing  Partner Notification  Investigations of business and food establishments  Public health data can be reported to the police, but it cannot be the basis of prosecution Mandatory treatment and restrictions  Vaccination law  VD/STI/TB, others   Can require testing or treatment  Can hold in jail if Pte refuse Many states have weakened these laws due to political pressure over AIDS Environmental Health  Food sanitation, drinking-water treatment, and wastewater disposal   Most public health orders are directed at environmental health problems. Two central legal questions:  When does the government owe compensation to the owners of regulated property?  When can inspectors enter private premises to look for public health law violations? Vital Statistics  Birth and death records  Disease registries References  CDC public health law .www.cdc.sa.gov  WHO . www.who.int.org  file:///C:/Users/dawri/OneDrive/Desktop/What_is_Public_Health_Law_facts heet.pdf