CPH: Public Health Law and Ethics
Public Health Law, according to Gostin - ANSthe legal powers and duties of the state to assure
the conditions for people to be healthy and the limitations on the power of the state to constrain
the autonomy, privacy, liberty, proprietary or other interests of individuals for the protection or
promotion of community health.
In PH law, there is a tension between... - ANSPublic good vs individual rights
Autonomy - ANSFree from external influence over independent decision making
4th amendment - ANSFreedom from unreasonable searches and seizures
Isolation, quarantine, mandatory vaccination might be considered violations of... -
ANSAutonomy
Explain what the 4th amendment has to do with public health - ANSHealth and safety
inspections violate the 4th amendment but are essential to PH and legal
What are the three levels of government? - ANSfederal, state, local
What is federalism? - ANSA sharing of power between states and national government
established through the constitution
Federal Preemption - ANSright of federal government to regulate matters within its power to the
exclusion of regulation by the states
Police Power of the States - ANSGive states' power to protect the public health. States can
enact laws and promulgate regulations that protect the PH and promote the public good.
How is police power different from criminal law powers? - ANSDo not require a probably cause
warrant; enforce protections without a court hearing; "more probable than not" standard of
evidence.
Provide some examples of PH police powers - ANS-Isolation / quarantine
-Culling poultry due to infection
Home rule authority - ANSAuthority granted to local jurisdictions such as cities or countries by
state constitutions or state legislative actions to enact ordinances that are specific to the
community, not otherwise permitted. All states are different -- some states do not allow home
rule. For example, sugar laws in NY.
, What is the difference between a law and a regulation? - ANSPH laws are the system of rules
created for the protection or promotion of community health. Regulations are the set of rules
that describe the implementation of legislation.
According to HIPPA, what is PHI? - ANSAny identifiable info of individual, including
demographics, health condition, or receipt of services.
According to HIPPA, what is privacy? - ANSFreedom from intrusion, having control over the
extent, timing, and circumstances of sharing PHI
According to HIPPA, what is security? - ANSPractices, polices, and procedures created to
protect a person's PHI
According to HIPPA, what is confidentiality? - ANSPatient disclosing information in a relationship
of trust
According to HIPPA, what are covered entities? - ANSAgencies that can share PHI without
patient permission, such as between a clinic and the patients' insurance company.
If you remove PHI, can you share health information? - ANSYes -- for example, you could
provide a careful case example or describe an incident.
According to HIPPA, what is a breach? - ANSReleasing PHI without permission.
Leaving a password unprotected (like on a sticky note) would be a violation of what according to
HIPPA? - ANSSecurity
According to the Belmont Report, what is distributive justice? - ANSThe burdens of research are
distributed fairly
According to the Belmont Report, what is procedural justice? - ANSResearch participants
participate in decisions
Belmont report three ethical principles - ANSRespect for persons, Beneficence, Justice
Utilitarianism - ANSPromotes the greatest good for the greatest number. Consider situations in
which this is best applied.
Communitarianism - ANSIndividuals inseparable from community life and no one person and no
one community can ever be completely self-determining.
Liberalism - ANSFocuses on individual rights and freedom to choose, seeks to guarantee
individual freedom without state infringement on personal choice.
Public Health Law, according to Gostin - ANSthe legal powers and duties of the state to assure
the conditions for people to be healthy and the limitations on the power of the state to constrain
the autonomy, privacy, liberty, proprietary or other interests of individuals for the protection or
promotion of community health.
In PH law, there is a tension between... - ANSPublic good vs individual rights
Autonomy - ANSFree from external influence over independent decision making
4th amendment - ANSFreedom from unreasonable searches and seizures
Isolation, quarantine, mandatory vaccination might be considered violations of... -
ANSAutonomy
Explain what the 4th amendment has to do with public health - ANSHealth and safety
inspections violate the 4th amendment but are essential to PH and legal
What are the three levels of government? - ANSfederal, state, local
What is federalism? - ANSA sharing of power between states and national government
established through the constitution
Federal Preemption - ANSright of federal government to regulate matters within its power to the
exclusion of regulation by the states
Police Power of the States - ANSGive states' power to protect the public health. States can
enact laws and promulgate regulations that protect the PH and promote the public good.
How is police power different from criminal law powers? - ANSDo not require a probably cause
warrant; enforce protections without a court hearing; "more probable than not" standard of
evidence.
Provide some examples of PH police powers - ANS-Isolation / quarantine
-Culling poultry due to infection
Home rule authority - ANSAuthority granted to local jurisdictions such as cities or countries by
state constitutions or state legislative actions to enact ordinances that are specific to the
community, not otherwise permitted. All states are different -- some states do not allow home
rule. For example, sugar laws in NY.
, What is the difference between a law and a regulation? - ANSPH laws are the system of rules
created for the protection or promotion of community health. Regulations are the set of rules
that describe the implementation of legislation.
According to HIPPA, what is PHI? - ANSAny identifiable info of individual, including
demographics, health condition, or receipt of services.
According to HIPPA, what is privacy? - ANSFreedom from intrusion, having control over the
extent, timing, and circumstances of sharing PHI
According to HIPPA, what is security? - ANSPractices, polices, and procedures created to
protect a person's PHI
According to HIPPA, what is confidentiality? - ANSPatient disclosing information in a relationship
of trust
According to HIPPA, what are covered entities? - ANSAgencies that can share PHI without
patient permission, such as between a clinic and the patients' insurance company.
If you remove PHI, can you share health information? - ANSYes -- for example, you could
provide a careful case example or describe an incident.
According to HIPPA, what is a breach? - ANSReleasing PHI without permission.
Leaving a password unprotected (like on a sticky note) would be a violation of what according to
HIPPA? - ANSSecurity
According to the Belmont Report, what is distributive justice? - ANSThe burdens of research are
distributed fairly
According to the Belmont Report, what is procedural justice? - ANSResearch participants
participate in decisions
Belmont report three ethical principles - ANSRespect for persons, Beneficence, Justice
Utilitarianism - ANSPromotes the greatest good for the greatest number. Consider situations in
which this is best applied.
Communitarianism - ANSIndividuals inseparable from community life and no one person and no
one community can ever be completely self-determining.
Liberalism - ANSFocuses on individual rights and freedom to choose, seeks to guarantee
individual freedom without state infringement on personal choice.
