Public Health Service in the United States

Public Health Service

Introduction to Public Health Service

Public Health Service, agency of the U.S. Department of Health and Human Services, established in July 1798 under the terms of congressional legislation authorizing marine hospitals for seamen in the merchant marine. Subsequent legislation vastly increased the scope of the agency’s activities. Today it is the principal health agency of the federal government. The Public Health Service is charged with promoting the highest level of health attainable for every American and cooperating with foreign governments in health projects. It provides financial assistance for the development and delivery of local health services, for education in the health professions, and for research in medical sciences. Among its other functions are protecting the population against unsafe food and drugs and preventing or controlling communicable diseases.

The service, administered by an assistant secretary for health, includes the following major units: Agency for Toxic Substances and Disease Registry; Alcohol, Drug Abuse, and Mental Health Administration; Centers for Disease Control; Food and Drug Administration; Health Resources and Services Administration; Indian Health Service; and the National Institutes of Health.” (1)

Public Health Law

Note: links from the categories and topics below are available in the entry about public health law here. See allso the entry about public health in general.

Core Structure and Bases of Public Health Law

The Field of Public Health Law

This subsection covers the following topics in this American legal encyclopedia:

• Public Health Law: Then & Now
• Defining Public Health Law
• Building Evidence for Public Health Law
• The Role of Public Health Ethics

Source and Scope of Public Health Legal Powers

This subsection covers the following topics in this American legal encyclopedia:

• The Constitutional Fountain of Public Health Powers (includes Federalism and Separation of Powers)
• Federal Public Health Powers
• State Public Health Powers (includes Police Powers and Parens Patriae Powers)
• Local Public Health Powers
• Tribal Public Health Powers

Constitutional Rights and the Public’s Health

This subsection covers the following topics in this American legal encyclopedia:

• Foundations of Rights-Based Limitations
• Brief Overview of Specific Rights
• Voluntary, Mandatory & Compulsory Powers
• Balancing Individual & Community Interests

Legal Authority to Prevent and Control Public Health Conditions

Preventing and Treating Communicable Conditions

This subsection covers the following topics in this American legal encyclopedia:

• Communicable Conditions (and its definition)
• Testing & Screening
• Treatment & Related Therapies. (includes Directly-observed Therapy, Expedited Partner Therapy and Forced Treatment)
• Partner Notification
• Vaccination
• Social Distancing Measures (includes State & Local Quarantine & Isolation, Federal Quarantine & Isolation,  Curfews & Closures, and Personal Liberties)

Addressing Chronic Conditions

This subsection covers the following topics in this American legal encyclopedia:

• Chronic Conditions (and its definition)
• Causes of Chronic Conditions
• Legal Authorities (the Power to Tax, the Power to Spend, the Power to Regulate and Addressing Disability Bias)

Mitigating the Incidence and Severity of Injuries and Other Harms

This subsection covers the following topics in this American legal encyclopedia:

• Primary Sources of Injuries, Harms and Deaths
• Addressing Harms Through Tort Law (Negligence, Intentional Acts and Strict Liability)
• Products Liability
• Criminal Law and Public Health

Las and the Promotion of the Public´s Health

Public Health Information Management, Privacy & Security

This subsection covers the following topics in this American legal encyclopedia:

• Surveillance and Reporting
• Balancing Individual Privacy and Communal Interests
• Privacy, Confidentiality and Security (Federal Privacy Laws, HIPAA Privacy Rule, State Privacy Laws and Local Privacy Laws)
• Privacy and the Right to Know

Regulating Communications

This subsection covers the following topics in this American legal encyclopedia:

• Public Health Education
• Required Disclosures of Public Health Information ( Warnings, Advisories and Menu Labeling)
• Controlling Commercial Communications
• Commercial Speech and Tobacco

Monitoring Property & the Built
Environment

This subsection covers the following topics in this American legal encyclopedia:

• Inspections and Oversight
• Search and Seizure
• Nuisance Abatement (Public Nuisance and Private Nuisance)
• Takings
• Zoning and the Built Environment

Public Health Emergency, Legal Preparedness and Response

This subsection covers the following topics in this American legal encyclopedia:

• Defining Public Health Emergencies
• State & Local Public Health Emergency Powers
• Federal Public Health Emergency Powers
• The Evolving Emergency Legal Environment (Interjurisdictional Roles in
  Preparedness, Practicing Legal Triage and Emergency Liability Protection)

Finding the law: Public Health Service in the U.S. Code

A collection of general and permanent laws relating to public health service, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines public health service topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Resources

Notes and References

• Information about Public Health Service in the Encarta Online Encyclopedia

Guide to Public Health Service

About U.S. Federal Departments

Federal Departments, Department of Agriculture, Department of Commerce, Department of Defense (including Department of Defense Purpose, Department of Defense Organization, Department of Defense Liaison of Command and Department of Defense Supporting Agencies), Department of Education, Department of Energy (including Department of Energy Purpose, Department of Energy Organization and Department of Energy Research and Development), Department of Health and Human Services (including Department of Health and Human Services History and Department of Health and Human Services Agencies and Services), Department of Homeland Security (including Department of Homeland Security Organization and Functions, Department of Homeland Security Origins and Department of Homeland Security Supporting Agencies), Department of Housing and Urban Development, Department of Justice (including Department of Justice Functions, Department of Justice Structure and Department of Justice Associated Agencies), Department of Labor, Department of National Defence, Department of State (including Department of State Administration and Department of State Bureaus), Department of the Air Force, Department of the Army, Department of the Interior (including Department of the Interior Functions and Department of the Interior Principal Agencies), Department of the Navy, Department of the Treasury, Department of Transportation, Department of Veterans Affairs (including the Department of Veterans Affairs Service Categories, Department of Veterans Affairs Benefits Available and GI Bill of Rights) and Department of War.