Presented by Dr. Drew Harris, UMDNJ in cooperation with Rutgers University, University of Medicine and Dentistry of NJ Supported by the NJ Department of Health and Senior Services

At the conclusion of this online learning module,
course participants will be able to describe:

• The sources and scope of state and federal public health law
• The conditions under which a public health emergency can be declared
• Issues related to the mandatory examination, testing and vaccination of people
• Conditions under which admission to a health facility can be required
• Considerations in establishing isolation/quarantine
• The relevance of martial law and travel restrictions
• Confidentiality and legal considerations in releasing information

Legal aspects of public health emergencies

Include:

• Foundation and framework of New Jersey public health law
• Public good versus private interests
• Professional obligations
  • Departmental
  • Individual

Public health is a state responsibility

"The preservation of the public health is universally conceded to be one of the duties devolving upon the state as a sovereignty, and whatever reasonable tends to preserve public health is a subject upon which the legislature, within its police power, may take appropriate action."

In re: Halko, 246 Cal. 2d 553, 556 (1966) [California Appeals Court decision]

"The government of the people has the power and is…duty bound to make such regulations as it thinks necessary or desirable for the public health, the public morals and the public safety."

[Katz v. Eldredge, 97 N.J.L. 123; 117 A. 841; 1922 ]

State and federal courts have consistently upheld that state government has the right to preserve public health under its police powers.

Cities/towns can pass local public health ordinances

Any municipality may make…ordinances…not contrary to the laws of this state or of the U.S. as it may deem necessary and proper for…the preservation of public health, safety and welfare.” [R.S. 40:48-2]

That authority extends to municipalities, which can pass ordinances as long as they don't contradict state laws.

Police power

"The power of the state to place restraints on the personal freedom and property rights of persons for the protection of public safety health and morals, or the promotion of the public convenience and general prosperity." — Black's Law Dictionary

• General protection of welfare, safety, health and morals.
• Licensing, inspection, zoning, safety regulations, quarantines, and working conditions as well as law enforcement.
• Police powers are the basis of a host of state regulatory statutes.

Limitations

The police power is subject to limitations of the federal and State Constitutions, and especially to the requirement of due process. Black's Law Dictionary

There are limits to police powers.

"Where the police power has been granted to a municipal corporation, it is elementary that it can be exercised only in those areas where regulation is needful for the common good, i.e., public health, safety, morals or general welfare, and then only by reasonable means substantially connected with the public interest designed to be advanced." [Moyant v. Paramus, 30 N. J. 528, 544 (1959)]