Law, Government & Public Health MVP-8 Team

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Law, Government & Public Health PUBH680September 16, 2008 : 

Law, Government & Public Health PUBH680September 16, 2008 MVP 8 Team: Sonia Cotto-Moreno Joanne Gonwa Paul Lewis Tiffany Pack Tara Romano Zenovia Wright

Legal Basis for Public Health : 

Legal Basis for Public Health The US Constitution provides the legal basis for Public Health Federal government authorized to regulate international affairs and interstate commerce States initially had sovereign powers over health matters within their borders

Impact of Legal Basis Upon Federal, State & Local Governments : 

Impact of Legal Basis Upon Federal, State & Local Governments Federal government has preemptive power over states in matters of commerce and interstate travel Federal government delegates the power to regulate health within state borders to individual states State governments further delegate health related matters to local governments

Impact of Legal Basis (cont.) : 

Impact of Legal Basis (cont.) The 16th Amendment provided the Federal government with funds for health care States that receive Federal funding use those funds as the Federal government directs At times Federal funding directives influence state health priorities

Police Power : 

Police Power Constitution authority gives government Police Power over individual rights when necessary to protect health and safety Police Power must be warranted Police Power must meet standards of Due process and Equal Protection

Examples of Police Power : 

Examples of Police Power Isolation Quarantine Travel Restrictions Seizure of property School Immunizations ∙Jacobson vs. Massachusetts smallpox vaccine requirement upheld by judicial law

Governmental Authority to Control Communicable Disease : 

Governmental Authority to Control Communicable Disease The US Constitution provides authority to control international affairs and commerce Most communicable disease law is state based Police Power is derived from statutory laws allowing government preemptive power over individual rights when necessary to protect the community at large

References : 

References Campbell, A. (2004). The SARS Commission Interim Report: SARS and Public Health in Ontario. Retrieved September 4, 2008, from: https://blackboard.unc.edu/ webapps/portal/frameset.jsp?tab+courses&url=/bin/common/course.pl? Rothsetin, M., Alcalde, M., Elster, N., Majumder, M., Palmer, L., Stone, & L.,Hoffman, R. (2003). Quarantine and Isolation: Lessons learned from SARS. Retrieved September 4, 2008, from: https://coursessph.unc.edu/pubh6084/L4_ LessonsLearnedfromSARS-6-16.pdf

References (cont.) : 

References (cont.) Turnock, B. (2004). Public Health: What it is and how it works (3rd ed.). Sudbury, MA: Jones and Bartlett Publishers. World Health Organization, 2004. WHO SARS Risk Assessment and Preparedness Framework. Retrieved September 4, 2008, from: http://www.who.int/CSR/ resources/publication/WHO_CDS_CSR_ARO_2004 z/en/index.html