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Organization and Legal Basis of Public Health

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.

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Organization and Legal Basis of Public Health

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  1. Organization and Legal Basisof Public Health

  2. 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.

  3. Public Health v.Personal Freedoms

  4. Public Health v.Personal Freedoms Typhoid Mary

  5. Public Health v. Personal Freedoms Vaccination Mandatory Reporting Inspection & Licensure

  6. Public Health v.Personal Freedoms Public Nuisances November 9, 1915

  7. U.S. Constitution Bill of Rights State Constitution Federal and State Statutes Regulations Case law Legal Basis Responsibilities Authorities Limitations

  8. Due Process Fairness in the procedural application of the law: Fair notice Opportunity tobe heard Clear procedures

  9. Equal Protection Laws must be applied evenhandedly People in similar situations must be treated similarly Show no favoritism

  10. Privacy Governmental intrusion must be warranted Individual Privacy vs. Protection of Population

  11. Government Must Act… Fairly According to clear procedures

  12. Organizational Structure

  13. 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)

  14. State Agencies Main legal authority for public health • Structure varies by state • Centralized vs. local control • NY & NJ “Home Rule” states

  15. The governmental level with highest authority has the ultimate power. Legal Authorities Federal RuleFederal Regulation State RuleState Regulation Local RuleLocal Regulation

  16. 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

  17. How Do You Fit In?

  18. Functions of Law • Regulates conduct • Protects individual and property rights • Defines the duties and responsibilities of government and individuals

  19. Legal versus Practical • Search for the zone of agreement • Be open, honest, and empathetic • Negotiate & Communicate

  20. 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

  21. Points to Remember • Know what you enforce • Seek assistance • Act in good faith • Respect the public’s trust

  22. 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

  23. Case Study

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