Legal Basis for Public Health in the U.S.:
Legal Basis for Public Health in the U.S. Constitutions
Federal and state
Statutes
Provision for statewide public health services
Regulations and rules
Local health department accreditation
Case or court decisions
Mandatory vaccinations for school age children
Government Public Health Authority:
Government Public Health Authority Federal
Increasing influence, more central authority
State
Individualized framework of law and infrastructure
Local
Delegated authority by State and Federal government
Public Health Enforcement: Using Police Power:
Public Health Enforcement: Using Police Power May be delegated to administrative agencies
Requires individuals to act or refrain
Public good must outweigh individual rights
Power is limited by constitutional principles
due process
equal protection
Controlling Communicable Diseases:
Controlling Communicable Diseases Enforced by police power
Confirmed by the U.S. Supreme Court
1905 case, Jacobson v. Massachusetts
Individual rights are not absolute
Individual restraint for the common good
Affirmed in subsequent court cases
Considerations for Public Health Practice:
Considerations for Public Health Practice Carefully frame “police power” enforcement measures to the public
Increase use of proactive police power
Sensitively balance individual rights and common good
Acknowledge need for federal government intervention
Monsters of Public Health: Kathy Abode, Megan Fotheringham, Rob Lamme, Christina Sweet, Michelle Robinson, Angie Wood :
Monsters of Public Health: Kathy Abode, Megan Fotheringham, Rob Lamme, Christina Sweet, Michelle Robinson, Angie Wood References:
Turnock, B.J. (2004). Public Health: What It Is and How It Works (3rd ed.). Chapter 4: Law, Government, and Public Health (pp. 129-155). Sudbury, MA: Jones and Bartlett Publishers LLC
Moore, J. Introduction to Communicable Disease Law, Part 1. North Carolina Center for Public Health Preparedness. Retrieved September, 2008, from http://nccphp.sph.unc.edu/training/HEP_PHL1/transcript.pdf