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

Public health law

actually covers several areas, but we're only covering emergencies:

Regulation

As mentioned, government can promulgate regulations that are based on laws approved by the legislature. These regulations can't go too far. People are generally compensated when their property is taken by government. But if the property had been rendered valueless by contamination or spoilage and the government's agent says it must be destroyed, then there is no compensation. [e.g. If a restaurant is selling outdated milk, the inspector can destroy it without having to pay for it. Outdated milk is illegal to sell and thus has no commercial value. ]

Search and seizure

The constitution protects people from unreasonable search and seizure, but public health inspections are meant to assure compliance with the law not a search for lawbreaking. No search warrant is necessary. Quarantined persons have no Miranda rights (“right to remain silent . . .”, etc) .

Disease reporting

There are situations where patient confidentiality is waived or limited when necessary to protect public health or prevent serious injury.

Disease control

“Determining which disease control measures are indicated are scientific and political decisions more than legal decisions. … Courts generally defer to the expertise of the health officer, unless there is special legislation limiting the authority of the health officer.” [ibid] This is where state and local health officials have the right and duty to do what is necessary to protect the public from an outbreak or other public health emergency. 

Informed consent or refusal

People need to be properly informed prior to consenting or refusing any medical procedure (e.g. immunization, transfusion) Jacobson v. Massachusetts, 197 US 11 358, 363 (1905)

Quick Quiz

Question If public health officials decide to quarantine an individual suspected of harboring a highly communicable disease, they must now read them their Miranda rights to assure them that they have a right to remain silent and be provided with a lawyer if they can't afford one. True or False?