Law in Public Health Practice


Book Description

Continually changing health threats, technologies, science, and demographics require that public health professionals have an understanding of law sufficient to address complex new public health challenges as they come into being. Law in Public Health Practice, Second Edition provides a thorough review of the legal basis and authorities for the core elements of public health practice and solid discussions of existing and emerging high-priority areas where law and public health intersect.As in the previous edition, each chapter is authored jointly by experts in law and public health. This new edition features three completely new chapters, with several others thoroughly revised and updated. New chapters address such topics as the structure of law in US public health systems and practice, the role of the judiciary in public health, and law in chronic disease prevention and control. The chapter on public health emergencies has also been fully revised to take into account both the SARS epidemic of 2003 and the events of the Fall of 2001. The chapter now discusses topics such as the legal basis for declaring emergencies, the legal structure of mutual aid agreements, and the role of the military in emergencies. Other fully revised chapters include those on genomics, injury prevention, identifiable health information, and ethics in the practice of public health.The book begins with a section on the legal basis for public health practice, including foundations and structure of the law, discussions of the judiciary, ethics and practice of public health, and criminal law and international considerations. The second section focuses on core public health applications and the law, and includes chapters on legal counsel for public health practitioners, legal authorities for interventions in public health emergencies, and considerations for special populations. The third section discusses the law in controlling and preventing diseases, injuries, and disabilities. This section includes chapters on genomics, vaccinations, foodborne illness, STDs, reproductive health, chronic disease control, tobacco use, and occupational and environmental health.All chapters take a practical approach and are written in an accessible, user-friendly fashion. This is an excellent resource for a wide readership of public health practitioners, lawyers, and healthcare providers, as well as for educators and students of law and public health.







Problem Solving Courts


Book Description

In order to make the criminal court system more effective there has been a growing trend to have courts participate in what is essentially a rehabilitation strategy. Such courts are often referred to as “problem-solving” because they are working on root causes of criminal behavior as part of the dispensation of justice. This major shift in the role of the courts means that the court works closely with prosecutors, public defenders, probation officers, social workers, and other justice system partners to develop a strategy that pressures offenders to complete a treatment program which will ultimately, hopefully prevent recidivism. Research has shown that this kind of strategy has a two-fold benefit. It has been successful in helping offenders turn their lives around which leads to improved public safety and the ultimate saving of public funds. This book is the first to focus exclusively on problem solving courts, and as such it presents an overview of the rationale and scientific evidence for such courts as well as individual sections on the key areas in which these courts are active. Thus there is specific attention paid to domestic violence, juvenile criminality, mental health, and more. Throughout, research findings are incorporated into general discussions of these courts operate and ideally what they are trying to accomplish. There is also discussion of how such courts should evolve in the future and the directions that further research should take.




Litigating Health Rights


Book Description

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.




Licensed to Practice


Book Description

How did American doctors come to be licensed on the terms we now take for granted? Licensed to Practice begins with an 1891 shooting in Wheeling, West Virginia, that left one doctor dead and another on trial for his life. Formerly close friends, the doctors had fallen out over the issue of medical licensing. Historian James C. Mohr calls the murder “a sorry personal consequence of the far larger and historically significant battle among West Virginia’s physicians over the future of their profession.” Through most of the nineteenth century, anyone could call themselves a doctor and could practice medicine on whatever basis they wished. But an 1889 U.S. Supreme Court case, Dent v. West Virginia, effectively transformed medical practice from an unregulated occupation to a legally recognized profession. The political and legal battles that led up to the decision were unusually bitter—especially among physicians themselves—and the outcome was far from a foregone conclusion. So-called Regular physicians wanted to impose their own standards on the wide-open medical marketplace in which they and such non-Regulars as Thomsonians, Botanics, Hydropaths, Homeopaths, and Eclectics competed. The Regulars achieved their goal by persuading the state legislature to make it a crime for anyone to practice without a license from the Board of Health, which they controlled. When the high court approved that arrangement—despite constitutional challenges—the licensing precedents established in West Virginia became the bedrock on which the modern American medical structure was built. And those precedents would have profound implications. Thus does Dent, a little-known Supreme Court case, influence how Americans receive health care more than a hundred years after the fact.




Health Care Reform


Book Description




Laws of Medicine


Book Description

This book provides an overview of the US laws that affect clinical practice for healthcare professionals with no legal background. Divided into thirteen sections, each chapter starts with a summary of the chapter’s content and relevant legal concepts in bullet points before discussing the topics in detail. An application section is provided in many chapters to clarify essential issues by reflecting on clinically relevant case law or clinical vignette(s). Filling a crucial gap in the literature, this comprehensive guide gives healthcare professionals an understanding or a starting point to legal aspects of healthcare.




When Law and Medicine Meet: A Cultural View


Book Description

What happens when two systems, law and medicine, are joined in the arena of the court? This work deals with the structure and the premises of two diverse discourse models; the approach is anthropological. Several chapters are preponderantly based on legal research, addressing cases requiring testimony by expert witnesses on recent technologies used in the laboratories of medical scientists. Descriptions of other societies and cultures consider the identical problems of rights, privileges, and duties, and provide perspectives to cultural self-knowledge. This volume can be used as a text for courses taught in medical schools and law schools. It will be of particular interest to students taking courses in health science, public health, medical anthropology, forensic anthropology, psychology, sociology, public justice, behavioral sciences, forensic psychiatry, legal anthropology, social welfare, as well as courses on research models.




Public Health Law


Book Description

The first comprehensive treatment of public health law by the nation's leading expert in the field. In his research and teaching, Gostin has defined the field of public health law; this book represents the culmination of his research and thinking on the subject.