Public Health Law
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Public Health Law
Public health law examines the authority of the government at various jurisdictional levels to improve public health, the health of the general population within societal limits and norms. Public health law focuses on the duties of the government to achieve these goals, limits on that power, and the population perspective. Public health law also focuses on legal issues in public health practice and on the public health effects of legal practice. Police power Police power can be defined as the inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited. These areas perpetuate are employed by governmental agencies. Bioterrorism is a growing focus of this practice area in some jurisdictions; for example, public health lawyers in the United States have worked in the creation of the Model State Emergency Health Powers Act ...
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Public Health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the determinants of health of a population and the threats it faces is the basis for public health. The ''public'' can be as small as a handful of people or as large as a village or an entire city; in the case of a pandemic it may encompass several continents. The concept of ''health'' takes into account physical, psychological, and Well-being, social well-being, among other factors.What is the WHO definition of health?
from the Preamble to the Constitution of WHO as adopted by the Internationa ...
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Health
Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, pain (including mental pain), or injury. Health can be promoted by encouraging healthful activities, such as regular physical exercise and adequate sleep, and by reducing or avoiding unhealthful activities or situations, such as smoking or excessive stress. Some factors affecting health are due to individual choices, such as whether to engage in a high-risk behavior, while others are due to structural causes, such as whether the society is arranged in a way that makes it easier or harder for people to get necessary healthcare services. Still, other factors are beyond both individual and group choices, such as genetic disorders. History The meaning of health has evolved over time. In keeping with the biomedical perspective, earl ...
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Model State Emergency Health Powers Act
The Model State Emergency Health Powers Act (MSEHPA) is a public health act originally drafted by the Centers for Disease Control and Prevention to aid the United States' state legislatures in revising their public health laws to control epidemics and respond to bioterrorism. The CDC's draft was revised by the Center for Law and the Public's Health, a collaboration between Georgetown University and Johns Hopkins University. By December 21, 2001, the act was released to state legislatures for review and approval. Critics immediately charged that the MSEHPA failed to protect the general public from abuses arising from the tremendous powers it would grant individual states in an emergency. The MSEHPA provisions also went beyond the scope of addressing bioterrorism while disregarding medical privacy standards. As of August 1, 2011, forty states have passed various forms of MSEHPA legislation. Draft The initial public health emergency proposal was drafted by the CDC in 1999. Still in ...
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Disease
A disease is a particular abnormal condition that adversely affects the structure or function (biology), function of all or part of an organism and is not immediately due to any external injury. Diseases are often known to be medical conditions that are associated with specific signs and symptoms. A disease may be caused by external factors such as pathogens or by internal dysfunctions. For example, internal dysfunctions of the immune system can produce a variety of different diseases, including various forms of immunodeficiency, hypersensitivity, allergy, allergies, and autoimmune disorders. In humans, ''disease'' is often used more broadly to refer to any condition that causes pain, Abnormality (behavior), dysfunction, distress (medicine), distress, social problems, or death to the person affected, or similar problems for those in contact with the person. In this broader sense, it sometimes includes injury in humans, injuries, disability, disabilities, Disorder (medicine) ...
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Injury
Injury is physiological damage to the living tissue of any organism, whether in humans, in other animals, or in plants. Injuries can be caused in many ways, including mechanically with penetration by sharp objects such as teeth or with blunt objects, by heat or cold, or by venoms and biotoxins. Injury prompts an inflammatory response in many taxa of animals; this prompts wound healing. In both plants and animals, substances are often released to help to occlude the wound, limiting loss of fluids and the entry of pathogens such as bacteria. Many organisms secrete antimicrobial chemicals which limit wound infection; in addition, animals have a variety of immune responses for the same purpose. Both plants and animals have regrowth mechanisms which may result in complete or partial healing over the injury. Cells too can repair damage to a certain degree. Taxonomic range Animals Injury in animals is sometimes defined as mechanical damage to anatomical struct ...
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Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act. Overview Legislation to design or amend a bill requires identifying a concrete issue in a comprehensive way. When engaging in legislation, drafters and policy-makers must take into consideration the best possible avenues to address problem areas. Possible solutions within bill provisions might involve implementing sanctions, targeting indirect behaviors, authorizing agency ...
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Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in government, typically regulation (or its plural) refers to the delegated legislation which is adopted to enforce primary legislation; including Land-use planning, land-use regulation * in economy: regulatory economics * in finance: financial regulation * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Forms Regulation in the ...
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Litigation
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment m ...
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International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ...
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Health Law
Health law is a field of law that encompasses federal, state, and local law, rules, regulations and other jurisprudence among providers, payers and vendors to the health care industry and its patients, and delivery of health care services, with an emphasis on operations, regulatory and transactional issues. Terminology The Florida Bar defines "health law" as "legal issues involving federal, state, or local law, rules or regulations and health care provider issues, regulation of providers, legal issues regarding relationships between and among providers, legal issues regarding relationships between providers and payers, and legal issues regarding the delivery of health care services." American University's college of law, in health law and policy, divides health law into 4 areas: health care law (focused on treatment), public and population health law (focused on prevention), bioethics, and global health law. The terms "legislation" and " law" are used to refer generically to stat ...
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Public Health Act 1875
The Public Health Act 1875 ( 38 & 39 Vict. c. 55) is an act of the Parliament of the United Kingdom, one of the Public Health Acts, and a significant step in the advancement of public health in England. Its purpose was to codify previous measures aimed at combating filthy urban living conditions, which caused various health threats, including the spread of many diseases such as cholera and typhus. Background Reformers had from the 1830s wanted to resolve sanitary problems in urban areas, because sewage was flowing down the street daily, including the presence of sewage in living quarters. In 1848 their efforts led to the establishment of a three-man Board of Health – if one with very limited powers. Many factors delayed effective implementation of reform, however, such as the fact that to perform a clean-up would cost money, and neither government, factory owners, or local authorities were keen to pay. Gradually, however, reformers helped to counteract the laissez-fai ...
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Title 42 Of The Code Of Federal Regulations
CFR Title 42 - Public Health is one of fifty titles comprising the United States Code of Federal Regulations (CFR). Title 42 is the principal set of rules and regulations issued by federal agencies of the United States regarding public health, including respirator rules and regulations moved from CFR Title 30 (including MSHA), to the Public Health Service (including NIOSH and the CDC The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency under the Department of Health and Human Services (HHS), and is headquartered in Atlanta, ...). Structure The table of contents, as reflected in the e-CFR updated February 19, 2014, is as follows: References 42 United States federal health legislation United States Public Health Service {{US-law-book-stub ...
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