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Law and public health

Law and public health. Why is public health allowed to …. Require immunizations for children? Regulate smoking in public places? Isolate or quarantine individuals in an infectious disease outbreak? Take other actions that intrude on individual liberties? . Public health legal authority.

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Law and public health

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  1. Law and public health

  2. Why is public health allowed to … • Require immunizations for children? • Regulate smoking in public places? • Isolate or quarantine individuals in an infectious disease outbreak? • Take other actions that intrude on individual liberties?

  3. Public health legal authority • State and local governments: police power • General power of government to protect the health, safety, and welfare of the population • Includes the power to require people to act, or refrain from acting, in certain ways • Subject to constitutional limitations

  4. Public health legal authority • Federal government: powers enumerated in US Constitution • Commerce clause: authority to regulate commerce between states and with foreign nations • Spending power: authority to put conditions on receipt of federal funds

  5. Why is public health obliged to … • Provide at least a minimum set of services? • Serve people without regard to race, color, religion, sex, or national origin? • Keep individuals’ medical information confidential? • Make some other kinds of information available to the public?

  6. Public health legal duties • Specific laws give public health its obligations

  7. How can you know what the law is? • Where does public health law come from? • How do different laws interact with each other? • Where can you find the law? • Who can help?

  8. Where does law come from? AUTHORITATIVE

  9. Sources of law/legal information

  10. A final source: legal advice • FAQ: “Where is the law that says that?” • Sometimes there is no statute, rule, or case that answers a legal question, but you need a lawyer’s advice on what to do.

  11. Different lawyers, different roles • Who is your lawyer? • Attorney who represents health department • Often the county attorney • Sometimes the state Attorney General’s office • Attorney for agency’s insurance carrier • Role of SOG attorneys • Educational, not representational • No attorney-client relationship (therefore no attorney-client privilege)

  12. Finding the law • Many resources (statutes, regulations, cases) are now available online • www.sog.unc.edu/library/: The School of Government’s Library maintains an updated list of links to online federal, state, and local legal resources • www.ncphlaw.unc.edu • See handouts for other web resources and SOG publications that may be of particular interest

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