Documente Academic
Documente Profesional
Documente Cultură
Learning Objectives
Explain the scope of health law, policy, and ethics. Identify key legal principles that form the basis for public health law. Identify four types of law. Explain the differences between market and social justice. Illustrate the potential tensions between individual rights and the needs for society using public health examples. Discuss key principles that underlie the ethics of human research.
Principles that underlie public health and healthcare law in the U.S.
1. The U.S. Constitution is a fundamental document that governs the issues of public health and healthcare law. 2. Interstate Commerce Clause of the U.S. Constitution is the major source of federal authority in public health and health care. 3. US. Constitution grants individual rights (explicit and inferred)
Social Justice
Views health care as a social resource Requires active government involvement in health services delivery Assumes that the government is more efficient in allocating health resources equitably Medical resources allocation determined by central planning Ability to pay inconsequential for receiving medical care Equal access to medical services viewed as a basic right
Social Justice
Collective responsibility for health Everyone is entitled to a basic package of services Strong obligation to the collective good Community well-being supersedes that of the individual Public solutions to social problems Planned rationing of health care
6. The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment.
Declaration of Helsinki
June 1964 in Helsinki, Finland First significant effort of the medical community to regulate research itself Developed the ten principles first stated in the Nuremberg Code More specifically addressed clinical research Relaxation of the conditions of consent
Belmont Report1979
Led to the development of Institutional Review Boards (IRBs) Defines the rights of research subjects incorporating basic ethical principles:
Respect for Persons Beneficence Justice