Transcript Slides for Module 3 - Empire State Public Health Training Center

Organization and Legal Basis
of Public Health
Objectives
• Describe legal responsibilities and
limitations of the public health professional.
• Describe the general organization of public
health at the federal, state, and local levels.
• Describe how your jurisdiction or job fits into
the big picture.
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Public Health v.
Personal Freedoms
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Public Health v.
Personal Freedoms
Typhoid Mary
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Public Health v.
Personal Freedoms
Vaccination
Mandatory Reporting
Inspection & Licensure
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Public Health v.
Personal Freedoms
Public Nuisances
November 9, 1915
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Legal Basis
• U.S. Constitution
Responsibilities
• Bill of Rights
• State Constitution
Authorities
• Federal and State
• Statutes
Limitations
• Regulations
• Case law
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Due Process
Fairness in the procedural
application of the law:
Fair notice
Opportunity to
be heard
Clear procedures
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Equal Protection
Laws must be applied
evenhandedly
People in similar
situations must be
treated similarly
Show no favoritism
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Privacy
Governmental
intrusion must be
warranted
Individual Privacy vs.
Protection of
Population
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Government Must Act…
Fairly
According
to clear
procedures
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Organizational Structure
Federal Agencies
• Health Resources and Services
• Food and Drug Administration
• Centers for Disease Control and
Prevention
• National Institutes of Health
• Office of Public Health
Preparedness (OPHP)
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State Agencies
Main legal authority for public health
• Structure varies by
state
• Centralized vs. local
control
• NY & NJ “Home
Rule” states
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Legal Authorities
The governmental level
with highest authority has
the ultimate power.
Federal Rule
Federal Regulation
State Rule
State Regulation
Local Rule
Local Regulation
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Duties of Local Health
Agencies
• Communicable disease control
• Chronic disease prevention and control
• Environmental health
• Maternal and child health
• Vital records
• Emergency planning and response
• Community health care planning
• Community health education
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How Do You Fit In?
Functions of Law
• Regulates conduct
• Protects individual and property rights
• Defines the duties and responsibilities of
government and individuals
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Legal versus Practical
• Search for the zone of agreement
• Be open, honest, and empathetic
• Negotiate & Communicate
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Functions of Public Health
• Don’t abuse your
• Power
• Authority
• Ask yourself
• Is is legal for me to do this?
• Is it ethical for me to do
this?
• Understand how you fit in
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Points to Remember
• Know what you
enforce
• Seek assistance
• Act in good faith
• Respect the public’s
trust
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Liability
Can you get sued?
• MALFEASANCE
• The commission of an unlawful act
• MISFEASANCE
• Improper performance of an act which a
person might lawfully do
• NONFEASANCE
• Nonperformance of an act which should be
performed; omission to perform a required
duty or total neglect of duty
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Case Study
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