Public Health as Administrative Law Edward P. Richards, JD, MPH Program in Law, Science and Public Health LSU School of Law

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Presentation transcript:

Public Health as Administrative Law Edward P. Richards, JD, MPH Program in Law, Science and Public Health LSU School of Law

Medical and Public Health Law Site Public Health Law Resources for Law School Teachers Part of the Public Law Publishing Project (Just Google Public Health Law) Online Courses

How Did I Get Here? Ecology/Behavioral Science/Basic Science Public Health before AIDS MPH in disease control Helped draft the first HIV reporting laws Articulated the legal basis for traditional disease control for HIV Not very popular Even New York finally wised up

Misunderstanding Public Health Quotes from Today "Public health law is bringing human good and health to as many persons as possible" "Public health is social justice" This views captured public health in the 1970s and were later fueled by AIDS The result has been catastrophic HIV in minority communities Failure of emergency preparedness - Katrina

Misunderstanding Public Health Law Not Civil liberties law Discrimination law Not poverty law Not tort law Not even health care administration law

Public Health as Administrative Law Administrative law in the broad notion of federal, state, and local agencies Public health was one of administrative functions of the colonies, which was carried over to the states The colonies were fever-ridden swamps Yellow fever killed 10% of Philadelphia in one summer Strong original intent basis for public health law

Why Does Seeing Public Health Law as Administrative Law Matter? If you do not understand how government works, you cannot be an effective public health lawyers If you see public as a mishmash of everything that is warm and friendly, you have not a workable model for policy in a world of limited resources and dangerous threats People die as we chase our angels around the pin head

What Should a Public Health Curriculum Look Like? Administrative law, with public health examples St Marks Baths as agency deference Food inspection as administrative searches Reynolds as due process and habeas corpus Lots of others, stay tuned.:-) State and local government law and legislation FDA and IP law

What Should be in Public Health Law Course? Administrative law must be a prerequisite Background material Basic epidemiology Basic notions of scientific proof