Public health law and ethics, full

true or false: regulations are not made by legislatures, so they don’t have the force of law

false

true or false: physician-assisted suicide is a legally available option for most americans

false

true or false: data published by government agencies is understood to come from peer-reviewed research

false

In 2021, Phil Murphy issued an executive order mandating that child care facility employees be vaccinated against COVID-19 or undergo weekly covid testing. This policy is an example of a:

rule that has the force of law

An organized group of gerontologists decides to add a statement endorsing the option of physician suicide for terminally ill patients to its organizational code. This group is demonstrating its [blank] stance

ethical

A statute legalizing physician-assisted suicide is passed after a majority of voters statewide affirm their support for a proposal. This is an example of:

a ballot initiative

A hospice nurse refuses to participate in a physician-assisted suicide care being planned for of her patients because she feels that this practice is wrong. This nurse is acting upon her personal [blank]

morals

A community pool is shut down temporarily during a heatwave due to a suspected link to a water-borne illness outbreak, depriving regular pool users of a way to cool off for the sake of protecting the community as a whole. The ethical theory associated with this type of decision is:

utilitarianism

A doctor respects a patient’s refusal of a blood transfusion on the grounds of patient autonomy. This is an example of a:

deontological approach

A pseudoscience emphasizing the elimination of undesirable human traits was known as:

eugenics

what were some of the classic bioethics issues that were raised in the Buck v. Bell case

the treatment of people with disabilities, reproductive rights, and informed consent

what are the 4 bioethical principles in medicine and public health

nonmaleficence, beneficence, justice, and autonomy

the study of health-related ethics issues is referred to as:

bioethics

the study of ethical theories and concepts is referred to as:

metaethics

true or false: the supreme court sided with Carrie Buck in deciding Buck v. Bell

false

true or false: the purpose of public health services are to prevent disease and injury and support a complete state of well-being at the individual level

false

what are the 5 domains of the social determinants of health

economic stability, education access and quality, social and community context, neighborhood and built environment, healthcare access and quality

true or false: the main level of prevention that public health efforts are focused on is tertiary level

false

the biologics control act:

started federal regulation of the drug industry

what gave the FDA more authority to regulate food and drugs

The Federal Food, Drug, and Cosmetic Act of 1938

The FDA administrator who championed stronger scrutiny of drug applications by refusing to approve thalidomide

Frances Kelsey

What is the main US federal health organization

US department of health and human services

true or false: the US public health infrastructure is partially made up of non-governmental entities

true

true or false: the US healthcare system is a part of the US public health infrastructure

false

true or false: the US spends more per person on healthcare than any other nation

true

“To support the design, implementation, monitoring, evaluation, and wide application of laws that improve public health and the performance of health systems,” describes what

the mission of public health law

true or false: deaths associates with motor vehicle accidents have increased dramatically over the past century

false

in the context of public health law, a counselor refers to what

a lawyer

The department of transportation writes tougher airbag design regulations for automobile manufacturers and is sued by a group representing the auto industry. A lawyer who is not working on the case files an amicus curiae brief on behalf of a professional group of engineers in support of the government. What is this lawyer engaging in.

representation

“the scientific study and use of law as a factor in the cause, distribution, and prevention of disease and injury in a population” is referred to as what

legal epidemiology

A team of researchers conduct a study to investigate the association between a minimum wage law and mental health outcomes in a community. These researchers are engaging in what.

legal etiology

the systematic tracking of laws is referred to as what

policy surveillance

the logic that emphasizes the professional commitment to uphold values like autonomy, integrity, trust, and the well-being of other is known as what

ethical logic

the legal theory most closely associated with the medical profession is:

deontology

The ethical theory most closely associated with public health is:

Consequentialism

A city government bans the sale of soft drinks sized 60 ounces or larger. This is an example of: 

Prohibition

A state government requires all drivers to purchase car insurance. This is an example of:

A mandate

True or false: in the United States, it is legal for a city or state to mandate that citizens be vaccinated.

true

A state medical board issues a new medical school graduate authorization to practice medicine. This is an example of: 

Licensure

The process of taking legal action or resolving disputes through the court system is referred to as:

Litigation

Several cities each sue the manufacturer of a dangerous drug after incurring significant economic losses supporting harmed citizens. While considered as a group, each plaintiff’s case is separate. This type of litigation is called:

Mass tort litigation

Disputes between individuals or organizations that involve non-criminal matters are called: 

Civil litigation

Litigation involving a plaintiff representing a larger group that is treated as a single case is called:

Class action

A city council votes to increase the sales tax on alcohol. This is an example of using the law to: 

Alter the economic environment 

A town votes to restrict the development of multi-dwelling housing units. This is an example of using the law to:

Affect the built environment 

The Haddon matrix incorporates a model including the agent, host, and environment. This model is referred to as:

The epidemiologic triangle 

A group of city planners works with epidemiologists, engineers, educators, and community members to contribute to the design of a new waterfront development to ensure that it includes ample green space for recreation and leisure. This effort reflects which approach?

Health in All Policies 

The constitutional power of Congress to tax and spend for the general welfare of the US is known as:

The General Welfare Clause

The part of the US Constitution that gives Congress the authority to regulate interstate commerce is called:

The Commerce Clause

The FDA regulates the sale of pharmaceuticals because they are sold across state lines. This authority is made possible by:

The Commerce Clause

A state government imposes a mask mandate for all public employees during a viral disease epidemic. The authority (police power) of this government to make this rule is given by:

The 10th Amendment 

Federal law takes precedence over state law in the US due to:

The Supremacy Clause of the Constitution 

In the US, power to govern is divided between local, state, and federal levels. This system reflects: 

Federalism 

The federal government passes a law that explicitly states that it overrides any state or local laws. This is an example of:

Express preemption 

A court finds that a state’s law has undermined the objectives of a federal law. This is referred to as:

Obstacle preemption 

The specific powers granted to the federal government by the United States Constitution are called:

The enumerated powers

True or false: the Constitution gives the federal government unlimited authority to make public health policy. 

False

Powers not specified to the federal government by the Constitution are reserved to the states or the people by:

The Tenth Amendment

Article 1, Section 8 of the Constitution specifies:

The powers of Congress

What aspect of the Constitution is especially relevant to public health policy?

The Commerce Clause 

True or false: the US Constitution specifically mentions public health. 

False

True or false: due to Supreme Court rulings, the Commerce Clause provides only narrow authority to the federal government to regulate commerce. 

false

The component of the US Constitution that has been called “the principal constitutional foundation of the modern regulatory state” is:

The Commerce Clause

The following is the text of which two clauses: “the Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States…”

The Commerce Clause and the General Welfare Clause 

True or false: states derive their power to regulate public health through plenary power. 

true

True or false: the 5th Amendment of the US Constitution expanded due process limitations to state governments. 

false

The principle that ensures fair treatment before a person is deprived of life, liberty, or property is referred to as:

Due process

The methods and procedures that the government must follow before depriving an individual of life, liberty, or property describe:

Procedural due process

What are the considerations that courts use to evaluate procedural due process claims?

the private interest affected, the value of additional procedures, the government’s interest, the risk of erroneous deprivation

What are some of the fundamental rights as described in class?

the right to keep custody of one’s children, the right to marry, the right to vote, the right to procreate

True or false: substantive due process is about the infringement of fundamental rights. 

true

True or false: If a court finds that a fundamental right has been violated, it applies the rational basis test. 

false

“Due process protections only apply to governmental actions” refers to what

The state action doctrine

True or false: the concept of equal protection of the law originates from the 14th Amendment. 

true

True or false: courts will apply intermediate scrutiny for equal protections reviews for quasi-suspect classes.

true

True or false: the text of the First Amendment of the Constitution explicitly protects commercial speech. 

false

The rationale that posits that the best way to discover truth and foster progress is through open discussion and debate is called the: 

Marketplace of ideas 

The social good rationale that emphasizes the importance of individual conscience and the right to hold and express beliefs, even if they are unpopular or controversial is:

Individual autonomy and dignity 

True or false: commercial speech has been granted the same protections as individual speech since the 1800s. 

false

what are some of the parts of the central hudson test

Is the speech lawful? Does the government have a substantial interest? Is the regulation more extensive than necessary? Does the regulation directly advance the interest?

True or false: a federal appeals court ruled in 2024 that the FDA does have the authority to implement graphic warnings on tobacco products. 

true

What are some of the criteria that courts must use to evaluate whether a government action unlawfully infringes upon religious practice?

The action must not foster excessive government entanglement with religion, The action must not advance or inhibit religion, The action must have a secular purpose 

True or false: the Supreme Court, in District of Columbia v. Heller ruled that the Second Amendment protects an individual’s right to possess a firearm in public. 

false

True or false: the Supreme Court, in New York State Rifle and Pistol Association v. Bruen ruled that the Second Amendment guarantees a right to bear arms in public for self-defense.

true

True or false: the federal government restricted the CDC from funding gun violence research in the mid-90s. 

true

True or false: lobbying data is impossible for citizens to access.

false

The law that requires lobbyists to register with the government and disclose certain information about their lobbying efforts if they meet certain spending criteria is: 

The Lobbying Disclosure Act of 1995

What are some of the things required quarterly disclosures that lobbyists must make?

The amounts spent on lobbying activities, Specific issues they lobby on, The names of the clients they represent, The legislative or executive branches they targeted 

True or false: The IRS requires 501(c)(3) organizations to engage in a certain amount of lobbying.

false

Under section 501(h) of the Internal Revenue Code, the “expenditure test” requires that 501(c)(3) organizations with up to $500,000 in total expenditures can spend a maximum of how much on lobbying?

20% of annual expenditures

Appealing to policymakers directly regarding a specific bill or public policy is called:

direct lobbying

What are some of the central features of the Collective Impact Model?

Emphasizes having a common agenda, Emphasizes having a backbone support organization for administration, Emphasizes continuous communication, Emphasizes having mutually reinforcing activities

True or false: the Collaborating for Equity and Justice advocacy model emphasizes involving non-experts who are impacted by the issue being advocated for. 

true

 What are some of the elements of an effective advocacy strategy?

Developed messaging, A communication plan, A clearly articulated plan, An established target audience

When organizations appeal to the public to communicate with policymakers regarding a bill, this is referred to as:

Grassroots lobbying

“Sustained and focused control exercised by a public agency over activities that are socially valued” is called:

regulation

How regulators exercise their authority to ensure compliance with laws, rules, and standards is described as:

control

The first e-cigarette laws were criticized for not being evidence-based. This is an example of how regulations:

Can lack an evidence base and/or be poorly designed 

Smoking bans alienated rural communities where many people still smoked. This is an examples of how regulations:

Can take a one-size-fits-all approach