Exam 2 Flashcards
List social determinants (10)
Political
legal
institutional
cultural
socioeconomic
physical environment/living conditions
working conditions
family and social network
lifestyle/behavior
demographics
Health factors include: (4)
Health behaviors (30%)
Clinical care (20%)
Social and economic factors (40%)
Physical Environment (10%)
Health outcomes include: (2)
Length of life (50%)
Quality of life (50%)
Physical environment percentage and factors (2-AH)
10%
Air and water quality
housing and transit
Social and economic percentage and factors (5- EEIFC)
40%
education
employment
income
family and social support
community safety
clinical care percentage and factors (2-AQ)
20%
access to care
quality of care
health behaviors percentage and factors (4-TDAS)
30%
tobacco use
diet and exercise
alcohol and drug use
sexual activity
Discrimination/racism 3 levels (IIS)
Individual (prejudice, bias, hate)
Institutional (Policies/practices within and across institutions that favor one or more groups over others (race, gender, sexual orientation, age, income) (SECTION 8 HOUSING?)
Structural ( a system in which public policies, institutional practices, cultural representations and other norms work in various and often reinforcing ways to perpetuate group inequity) (BANKS-interest rates)
Definition of public health law
the study of the legal powers and duties of the state in collaboration with its parters (health care, business, community, media) to assure the conditions for people to be healthy and the limitations on the power of the state to contain the autonomy of privacy, liberty, or other legally protected interests of people for the common good
Purpose of public health law
creates conditions for people to lead healthier/safer lives
creates a mission for public health agencies
- assigns their functions
- specifies manner in which they exercise authority
tool to
- influence healthy behavior
- identify and respond to health threats
- set/enforce health and safety standards
Rationale for public health law
Acting alone, no individual/group can ensure own health
These can only be obtained through organized action on the behalf of a population (government)
without governmental authority, threats to public health and safety can not be reduced easily
Mechanism of public health law:
Public health law coerces, influences individual behavior producing population health
Legislative branch function:
creates laws
Executive branch function
enforces laws
Judicial branch function
interprets law
Powers of National Government (Delegated-7)
Levy tariffs and taxes
regulate trade (interstate and foreign)
coin money
maintain armed forces
declare war
establish post offices
establish courts
Concurrent powers of National and State government
Maintain law and order
levy taxes
borrow money
take land for public use
provide for public welfare
Powers of state government (reserved-7)
Tax citizens
control public education
punish criminals
protect public health/safety
conduct elections
establish local governments
make marriage laws
conflict usually arises with the different levels but…
federal laws likely preempt state or local actions because of the supremacy clause: “the constitution, and the laws of the united states…shall be the supreme law of the land”
Federal powers (TSR)
Tax: discourage/encourage behaviors through tax burdens and penalties
Spend: in return for federal funds, states agree to comply with federally imposed conditions
Regulate interstate commerce: (most EXTENSIVE power) environmental protection, food and drug purity, occ health and safety
State powers (3)
10th amendment: states reserve power neither given to the federal government nor prohibited by the constitution
Police powers- authority of state to enact laws, regulations to protect, preserve, promote health, safety, morals, and general welfare of the people
can restrict private interests, liberty, autonomy, privacy, association, and economic interests
State (Police) Health Laws (10)
Vaccination
Isolation
Inspection of property
Regulation of air pollutants
Regulations of surface water contaminants
restrict public access to polluted area
standards for food and water quality
extermination of vermin
fluoridation
licensure of physicians/health professionals
Local Powers includes
counties, cities, special districts, municipalities
local governments act as delegates of the state, subsidiary of their states
Key issues with public health law reform: (AMI)
Antiquity (laws are OLD!!!)
Multiple layers
inconsistency (Key issue- health threats don’t neatly fit into jurisdictional boundaries [ air travel, water flow, disease control]
-Politics & science don’t mix well
State police powers: (3 characteristics)
The government’s purpose is to promote the public good
the state authority to act permits the restriction of private interests
the scope of state powers is pervasive
Federalism represents
a partition in the fountain that separates federal and state powers.
preserves the balance of power among national and state authorities
functions as a sorting device for determining which government (federal, state, or local) may respond to a public health threat
Government’s essential role in public health law
ensures the conditions for the population’s health is demonstrated by its constitutional powers and its role in a democracy
constitutional design has intent to vest power in government at every level to protect community health and safety
allows people to gather and advocate in numbers- meaningful protection requires communal effort