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Law in Public Health Practice
Media Reviews and Reports
Law in Public Health Practice Richard A. Goodman, Mark A. Rothstein, Richard E. Hoffman, Wilfredo Lopex, and Gene W. Matthews, Editors. New York: Oxford University Press, 2003. 462 pp. $59.95. ISBN: 0195148711.
L
aw in Public Health Practice is an excellent reference book for public health practitioners who need to understand how the law can be used as an additional tool in the everyday performance of their responsibilities on the job. While this book is written as a guide for students in both public health and the law, its format is quite readable and even an enjoyable book to “park” at bedside on the nightstand. The book consists of 20 chapters divided into three sections: The Legal Basis for Public Health Practice; The Law and Core Public Health Functions; The Law in Controlling and Preventing Diseases, Injuries, and Disabilities. What makes this book unique is that public health attorneys and public health practitioners jointly wrote each chapter. The result provides a practical approach for the reader to gain a fundamental understanding and to become conversant with the public health–law relationship and its application to administrative, ethics, and decision-making situations. The initial section provides the proper “grounding” for a basic understanding of public health law, focusing on the U.S. Constitution and general case law as well as laying the foundation for the rest of the book. While not critical to this fundamental approach, chapters in this introduction also include materials covering criminal (relevant to HIV issues and environmental health management) and international law (an additional delightful section for those with this special interest). The second section provides expert assistance in how to use the law to help achieve public health objectives. The first chapter is one that I recommend each new public health official review with legal counsel as soon as he/she assumes office. This chapter offers guidance in establishing an effective working relationship between the health officer and the attorney, and outlines an approach to review relevant statutory and regulatory authorities. Even though I have directed three local and two state health departments, and have degrees in both medicine and the law, I did not begin my terms of office by requesting legal staff to define and outline the extent of the authorities and powers of the positions. In several situations, it was not until a crisis occurred that we worked together to develop a legally acceptable and responsible approach to the problem. This is not the best time or the best situation to “learn” what actions are possible and what steps we should take to resolve a crisis. The principles in these chapters should help new as well as seasoned public health officials navigate around potential public health “landmines.” Some of
76
these issues include outbreak investigations and management, information usage in the HIPAA (Health Insurance Portability and Accountability Act) era, use of Institutional Review Boards for conducting research activities, and response to emergency situations. The final section deals with specific, often cutting edge law in a variety of new and historical situations. Everything from genomics to vaccine mandates, from tobacco prevention and foodborne safety to reproductive health and environmental protection is covered in the book. The health department leader could, and should, use this book to train responsible staff members for each of the special areas of public health practice identified in the final nine chapters. The book is eminently readable, and one will enjoy the obvious interplay between the legal and public health minds as they focus on specific problems, solutions, and follow-up actions. A particularly interesting chapter discusses surveillance and outbreak investigation. Tracking the devolution of power from the federal (viz. U.S. Constitution) to the state level, the authors describe the authorities under which each step of the investigatory process takes place. Arguments balance the needs of the general public with the rights of the individual for privacy and control of property (a common theme of the book). By combining a history of the principles of surveillance and the relationship between the state and federal governments, the authors develop a smooth and collaborative relationship for use in future emergencies. This chapter concludes with a brief discussion of the public health-related events associated with the September 11th and anthrax terrorist events. It introduces the reader to the Model State Emergency Health Powers Act, which is described in much greater detail later in the book in a chapter discussing the management of public health emergencies. While there have been texts written before concerning specific areas of public health law, they are often more narrowly written and place a greater emphasis on the law per se. This book takes a very practical approach and, in a “user-friendly” fashion, converts the public health practitioner into an advocate for the law and more willing to learn and use this emerging tool in the future. As they say for the movies: “Thumbs Up and Four Stars” for Law in Public Health Practice. Reviewed by Martin P. Wasserman, MD, JD, Medical Director, Immunization Practices & Scientific Affairs, GlaxoSmithKline. E-mail: [email protected].
Am J Prev Med 2003;25(1) © 2003 American Journal of Preventive Medicine • Published by Elsevier Inc.
0749-3797/03/$–see front matter doi:10.1016/S0749-3797(03)00089-8
Law in Public Health Practice Richard A. Goodman, Mark A. Rothstein, Richard E. Hoffman, Wilfredo Lopex, and Gene W. Matthews, Editors. New York: Oxford University Press, 2003. 462 pp. $59.95. ISBN: 0195148711.
L
aw in Public Health Practice is an excellent reference book for public health practitioners who need to understand how the law can be used as an additional tool in the everyday performance of their responsibilities on the job. While this book is written as a guide for students in both public health and the law, its format is quite readable and even an enjoyable book to “park” at bedside on the nightstand. The book consists of 20 chapters divided into three sections: The Legal Basis for Public Health Practice; The Law and Core Public Health Functions; The Law in Controlling and Preventing Diseases, Injuries, and Disabilities. What makes this book unique is that public health attorneys and public health practitioners jointly wrote each chapter. The result provides a practical approach for the reader to gain a fundamental understanding and to become conversant with the public health–law relationship and its application to administrative, ethics, and decision-making situations. The initial section provides the proper “grounding” for a basic understanding of public health law, focusing on the U.S. Constitution and general case law as well as laying the foundation for the rest of the book. While not critical to this fundamental approach, chapters in this introduction also include materials covering criminal (relevant to HIV issues and environmental health management) and international law (an additional delightful section for those with this special interest). The second section provides expert assistance in how to use the law to help achieve public health objectives. The first chapter is one that I recommend each new public health official review with legal counsel as soon as he/she assumes office. This chapter offers guidance in establishing an effective working relationship between the health officer and the attorney, and outlines an approach to review relevant statutory and regulatory authorities. Even though I have directed three local and two state health departments, and have degrees in both medicine and the law, I did not begin my terms of office by requesting legal staff to define and outline the extent of the authorities and powers of the positions. In several situations, it was not until a crisis occurred that we worked together to develop a legally acceptable and responsible approach to the problem. This is not the best time or the best situation to “learn” what actions are possible and what steps we should take to resolve a crisis. The principles in these chapters should help new as well as seasoned public health officials navigate around potential public health “landmines.” Some of
76
these issues include outbreak investigations and management, information usage in the HIPAA (Health Insurance Portability and Accountability Act) era, use of Institutional Review Boards for conducting research activities, and response to emergency situations. The final section deals with specific, often cutting edge law in a variety of new and historical situations. Everything from genomics to vaccine mandates, from tobacco prevention and foodborne safety to reproductive health and environmental protection is covered in the book. The health department leader could, and should, use this book to train responsible staff members for each of the special areas of public health practice identified in the final nine chapters. The book is eminently readable, and one will enjoy the obvious interplay between the legal and public health minds as they focus on specific problems, solutions, and follow-up actions. A particularly interesting chapter discusses surveillance and outbreak investigation. Tracking the devolution of power from the federal (viz. U.S. Constitution) to the state level, the authors describe the authorities under which each step of the investigatory process takes place. Arguments balance the needs of the general public with the rights of the individual for privacy and control of property (a common theme of the book). By combining a history of the principles of surveillance and the relationship between the state and federal governments, the authors develop a smooth and collaborative relationship for use in future emergencies. This chapter concludes with a brief discussion of the public health-related events associated with the September 11th and anthrax terrorist events. It introduces the reader to the Model State Emergency Health Powers Act, which is described in much greater detail later in the book in a chapter discussing the management of public health emergencies. While there have been texts written before concerning specific areas of public health law, they are often more narrowly written and place a greater emphasis on the law per se. This book takes a very practical approach and, in a “user-friendly” fashion, converts the public health practitioner into an advocate for the law and more willing to learn and use this emerging tool in the future. As they say for the movies: “Thumbs Up and Four Stars” for Law in Public Health Practice. Reviewed by Martin P. Wasserman, MD, JD, Medical Director, Immunization Practices & Scientific Affairs, GlaxoSmithKline. E-mail: [email protected].
Am J Prev Med 2003;25(1) © 2003 American Journal of Preventive Medicine • Published by Elsevier Inc.
0749-3797/03/$–see front matter doi:10.1016/S0749-3797(03)00089-8