Legal basis for public health:
Legal basis for public health Protection of general welfare & regulation of interstate commerce
Constitutional
Judicial
Administrative
Legislative
Legal basis for public health:
Legal basis for public health The U.S. has “its cultural notions of individuality, due process, and skepticism of government.”
Rothstein et al. (2003) Quarantine and Isolation, Lessons Learned from SARS, Executive Summary, 2003 p. 12.
Impact on government and public health:
Impact on government and public health Limited federal powers
State, county, local governments
Inconsistencies
State police powers:
State police powers Police powers
Limit individual actions
Care for the underserved
Social and market justice
Enforcement
Authority to control communicable disease:
Authority to control communicable disease Police powers
State duty and authority
Due process and equal protection
Example : CDC
Conclusion
References:
References Moore, Jill, MPH, JD. (Presenter) (2003) Introduction to Communicable Disease Law, Part I and II. Chapel Hill, NC: Lecture for North Carolina Center for Public Health Preparedness training website.
Turnock, B. (2004) Public Health: What it is and how it works. 3rd ed. (place) Jones and Bartlett Publishers.