Creates policies and distributes public funds by

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creates policies and distributes public funds by enacting statutes, which are commonly called ordinances at the local level. N Regulations. The executive branch (the President, governor, mayor, county executive and agencies such as depart- ments of public health) may issue rules and regulations based on authority delegated by the legislature through statutes. Local boards of health are administrative bodies whose members are appointed or elected to lead, guide and oversee the delivery of public health services and activities in their local communities. The role boards of health play in public health generally depends on their legal authority and powers as defined in state statutes. In addition, executive branch officials are authorized to issue legally binding executive orders. Regulatory decisions, and the laws governing executive branch actions, are known collectively as “administrative law.” N Case law. The judicial branch, through courts, resolves disputes and interprets laws, including balancing commu- nity needs with constitutionally- protected rights of individuals. 5 PARTNERSHIP for PUBLIC HEALTH LAW Advancing Public Health Through Law
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State government police power The U.S. Constitution reserves the primary power to regu- late health, safety and welfare for the common good, often known as the “police power,” to the states through the 10 th Amendment. 6 Police power in this context does not refer solely to criminal law enforcement. Rather, police powers may be used by states to promote laws in the interests of the general welfare and health of society. Public health examples of government’s police power include laws authorizing: (1) isolation and quarantine; (2) community vaccination; (3) licensure of medical professionals; 7 and (4) response to public health emergencies, such as bioterrorism or infectious disease outbreaks. Though broad, police powers may be limited by fundamental constitutional rights such as the right to privacy and freedom of expression, subject to a balancing of commu- nity and individual interests.
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  • Winter '18
  • Law, Public Health Law

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