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“The police power is the natural authority of sovereign governments to regulate private interests. Additionally, the Bill of Rights can restrain the exercise of federal authority.īy contrast, a state’s authority to protect public health-often included in the authorities referred to as “police powers”-is extensive ( 1).
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Although the provisions in the US Constitution are broad, the activities of the federal government relating to health and welfare nonetheless must fit within these enumerated powers. Under the authority of the US Constitution’s Commerce Clause, the federal government also oversees such health-related activities as the inspection of meat, poultry, and other foods the regulation of drugs, biological products, and medical devices and the regulation of biological agents that have the potential to pose a severe threat to public health and safety. The epidemiologic investigations conducted by the Centers for Disease Control and Prevention (CDC) and members of the US Public Health Service are examples of federal activities that are generally supported by these authorities. It discusses the interplay of federal and state laws legal issues related to data collection, analysis, and dissemination, including health information privacy special or unique jurisdictions and state and federal cooperation in emergency responses, including investigations of disease outbreaks that may be terrorism-related.Īrticle 1, Section 8, of the US Constitution authorizes Congress to impose taxes to provide for “the general Welfare of the United States” and to regulate interstate commerce. This chapter provides an overview of legal considerations relating to field epidemiology and, more specifically, epidemiologic investigations.
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These legal authorities enable public health officials to take certain actions during epidemiologic investigations, such as obtaining clinical specimens and data from persons affected by an outbreak obtaining data from healthcare facilities collecting environmental samples protecting the privacy of personal information and implementing and enforcing control measures, such as vaccination, chemoprophylaxis, quarantine, or even seizure or destruction of private property. Both federal and state authorities are subject to the limitations and restraints of the US Constitution. And while states address the protection of public health and safety in their individual constitutions, each state is also vested with “police powers,” that is, inherent authority to impose restrictions on private rights for the sake of public welfare, order, and security. The federal government’s authority to protect public health and safety is found in the US Constitution. Field epidemiology-including investigation of disease outbreaks and clusters-is a critical, basic government function conducted by public health agencies at the state and federal levels.