Sources of Public Health Law
This document is the highest source of law in the United States and provides the foundation for public health authority.
What is the U.S. Constitution?
This power allows states to take action to protect the health, safety, and welfare of the public.
What is police power?
This federal law protects the privacy of student education records and applies to most public schools.
What is FERPA (Family Educational Rights and Privacy Act)?
Imposing taxes on products like cigarettes to discourage their use is an example of this public health tool.
What is taxation?
The body of law created by government agencies through rules and regulations that enforce public health statutes.
What is administrative law?
These are laws passed by Congress or state legislatures that directly impact public health.
What are statutes?
The federal government has authority in public health issues involving these, such as disease control across state lines.
What are interstate or multistate threats?
The law that protects the privacy of personal health information and guides how data can be shared by health agencies.
What is HIPAA (Health Insurance Portability and Accountability Act)?
Creating laws or regulations that limit behaviors, such as banning smoking in public places, is known as this type of regulation.
What is direct regulation?
These are public health actions taken by governments to seize or restrict property to protect the public’s health.
What are property actions?
These rules created by government agencies provide details on how public health laws are applied.
What are regulations?
When federal law conflicts with state law, this principle ensures that federal law takes priority.
What is preemption?
Before taking action that affects someone's rights, the government must follow this set of fair procedures.
What is procedural due process?
Providing accurate information to the public to promote health, such as nutrition labels, falls under this public health tool.
What is altering the informational environment?
In public health, violations that usually involve fines rather than criminal penalties are dealt with under this type of law.
What is civil law?
Decisions made by judges that set legal standards for public health actions are part of this type of law.
What is case law or common law?
Local health departments receive their authority from these sources, which can include city councils or local boards of health.
What are local laws or regulations?
This principle ensures that all people are treated equally under the law unless there’s a strong reason to treat them differently.
What is equal protection?
This type of action involves removing government rules to encourage healthier behaviors, like allowing healthy food vending options.
What is deregulation?
The legal process where a government may have to compensate a property owner for taking or restricting their property for public health reasons.
What is the Takings Clause of the 5th Amendment?
Orders issued by a president or governor that impact public health actions fall under this category.
What are executive orders?
Sovereign nations that have agreements with state or local health departments to provide public health services are known as this.
What are federally recognized tribes?
The requirement that a government’s action must be justified and necessary to serve a compelling public interest, such as public health and safety.
What is substantive due process?
Adjusting the design of physical spaces, like adding bike lanes, to promote health and safety is known as altering this.
What is the built/physical environment?
Legal professionals who guide public health departments on legal matters and represent them in legal issues are known as this.
What is legal counsel?