Law and Ethics Flashcards
(28 cards)
Commerce Clause
Grants Congress the power to regulate commerce with foreign nations, among the states, and with the Indian tribes
Necessary and Proper Clause
grants Congress the power to enact laws deemed necessary and proper for carrying out its implied powers
Supremacy Clause
If there is a difference between federal law and state law or interpretation, federal law will prevail
Federalism
describes the distribution of power between states and national government
Tenth Amendment
Powers not delegated to the federal government are left to the states or the people
laws
the system of rules created for the protection or promotion of community health
regulations
set of rules that describe the implementation of legislation
Parens patriae
state legal action on behalf of individuals who cannot protect themselves such as suspected victims of child neglect or elder abuse
Fourth Amendment
Protection against unreasonable search and seizure
Police powers
powers of states to enact laws and promulgate regulations to protect the public’s health, safety, and welfare
Jacobson v. Massachusetts
Supreme Court upheld Massachusetts state law that required either compulsory vaccination of adult residents against smallpox or required the individual to pay a fine
Isolation
separation of an infected person for the time period that they could transmit a serious contagious disease to others
Quarantine
the detention of healthy persons who may have been exposed to contagious disease during the period of incubation to prevent transmission of infections
civil commitment order
confines an individual in a medical facility for a specific period of treatment
Nuisance abatement
control of the interference with a community’s use of public space or the public’s common welfare, such as improper sewage disposal or use of explosives
Negative right
laws designed to give people freedom from restraint and protect liberty - removing obstacles and barriers that might be harmful to people’s health and enabling them to make individual choices to improve their health
Positive right
gives something to people or compels them to do something
egalitarian principle
public health interventions should ensure equal protection according to the notion that all people are equal
social justice
what is fair, equitable, and appropriate treatment in light of what is due or owed groups
distributive justice
just allocation of benefits
environmental justice
fair treatment of all people in the application of public health policy that reduces disparity in the exposure to environmental contamination
Steps to ethical decision making
analyze the ethical issues
evaluate the ethical dimensions of the various options
provide justification for a particular action
Belmont Report
set for three ethical principles that formed the basis of federal regulations pertaining to human participant research
What are the three principles of the Belmont Report?
Respect for persons
Beneficence
Justice
