Chapter 5 Learning Objectives: Chapter 5: Health Law, Policy, and Ethics

health law, policy, and ethics

apply tools tha discourage and encurage behaviors of individuals and groups

U.S Constitution

protects rights except for health care

state constitutions

secure the protection of health care rights

individual rights

conflict with legal and public health policy

interstate commerce clause

provides the government with the authority to tax, spend, and regulate interstate comnerce, which justtifies a wide range of federal involvement in health care and public health

constitutional law

responsibilies for health lie with the states

legislative stautures

directly addreses health issues

administrative regulations

provides critiera for services

judicial law

interprets and applies previous rulings to cases

health in all policies

refers to the work between private and public entities towards common goals to improve health for all while reducing health inequities

market justice

focuses on the economic perspective of health; emphaszises individual responsibility for health

social justice

focuses on the collaboration perspective of health; views the equitable distribituion of health as a social responsibility

tension between individuals rights and the needs of society

individuals might feel like their natural rights are being violated when there are laws and protocols set in place for the safety of society

no duty principle

states that health providers dont have an obligation to provide health services to individuals

self-imposed risk

risks that individuals knowingly and willingly take through their actions

imposed risk

risks that are out of the direct control of individuals or the population

nuremberg code

defines the ethics of human research by stating the following:

\-consent from the human subject is necessary;

\-the experiment should be for the good of society; shouldnt be random or unnecessary; should be designed so that the results justify the performance; shouldnt be conducted if theres a reason to believe that dealth or disabling injury will occur; should be conducted only by scientifically qualified persons with the highest degree of skill through all stages;

\-the depree of risk shouldnt exceed the importance of the problm

\-peparations should be made to protect the subject from possibilities of death, disability, or injury

\-the subject should be at liberty to end the experiment if they feel like their mental or physical state can no longer continue

\-the scientisit in charge must be prepared to terminate the experiment at any state if they believe it will cause or result in injury, disability, or death

principles of of the ethical practice of public health

provides a criteria of ethical principles to guide action, and necessary conditions to justify action

belmont report

focuses on defining informed consent and selection of participants

respect for persons

requires acknowledgement of automomy and protection for those with diminished autonomy

beneficence

maximize possible benefits, minimize possible harms

justice

equals ought to be treated equally

international review boards (IRBs)

ensures the ethical consuct of research,mainly based on critiera of the belmont report

international health regulations (IHR)

aims to prevent, protect against, control, and provide a public health response to international spread of disease

The commission

makes specific recommendations; reinforces national public health capabilitites and infrastructure;