This is an introductory course in public health law and ethics. The course will focus on the legal foundations of the American public health system and examine key elements of the U.S. legal system that govern and influence public health, including the US Constitution, federal and state laws, administrative law, and judicial decisions. While a goal of government is to protect and support the health of the public, implementation of public health policies can infringe upon the rights and liberties of individuals and entities. This course explores the inherent tension between promoting public health and protecting the legal and ethical rights and interests of individuals. Students will explore how legal liability and accountability support the health of the public and learn fundamental principles of public health ethics by applying ethical concepts to specific scenarios. Class activities and assignments will provide students with opportunities to read, discuss, and analyze court opinions, statutes and regulations, and probe legal and ethical principles relating to public health.
Each week, you will have discussions related to public health cases.
Each student is expected to post at least three times (one initial post, and two peer responses) each week in response to forum questions on that week’s topic. Because this is an online course, the online discussion portion is an important way to exchange ideas with your classmates. Students will be graded on their participation and effort of their posts. Please be familiar with the course material (readings/lectures) before posting each week.
Your grade in this course will be determined by the following criteria:
Assignment | Points |
---|---|
Academic Integrity Assignment | 1 point |
Weeks 1-7 Discussions (5 points each) | 35 points |
Week 8 Discussion | 4 points |
4 Written Assignments (15 points each) | 60 points |
Total | 100 points |
Grade | Points Grade | Point Average (GPA) |
A | 94 – 100% | 4.00 |
A- | 90 – 93% | 3.75 |
B+ | 87 – 89% | 3.50 |
B | 84 – 86% | 3.00 |
B- | 80 – 83% | 2.75 |
C+ | 77 – 79% | 2.50 |
C | 74 – 76% | 2.00 |
C- | 70 – 73% | 1.75 |
D | 64 – 69% | 1.00 |
F | 00 – 63% | 0.00 |
Week 1: Jan 17 – Jan 24
Week 2: Jan 24 – Jan 31
Week 3: Jan 31 – Feb 7
Week 4: Feb 7 – Feb 14
Week 5: Feb 14 – Feb 21
Week 6: Feb 21 – Feb 28
Week 7: Feb 28 – Mar 6
Week 8: Mar 6 – Mar 10
Where does public health law show up in our everyday life and how does it impact the daily health of the public?
Initial post:
Find two examples of laws or regulations (e.g., municipal ordinances) from your own local and state governments that impact public health and link them in your post.
Discuss the pros and cons of each of these examples.
In what ways do they benefit your community or your state?
In what ways might they be problematic for certain populations?
In what ways might they be insufficient to address the public health problem?
In your responses consider the impact on different populations or groups (e.g., age, gender, race, class, LGBTQ+ status, etc).
The local and state examples do not have to be on a related public health issue.
Response post:
Write two response posts that are thoughtful and well-reasoned using public health law principles. You can choose to respond to the same peer more than once, instead of responding to multiple peers.
Initial post:
Applying the principles of Ruan v. U.S., discuss the impact of this decision on public health:
Will doctors be more or less likely to prescribe opioids?
How can they attend to the needs of their patients but still take steps to avoid opioid misuse?
Was Ruan rightly decided, in your view? Why or why not?
Response post:
Write two response posts that are thoughtful and well-reasoned using public health law principles. You can choose to respond to the same peer more than once, instead of responding to multiple peers.
The essence of public health law is the balance between the rights of individuals and the right and obligation of government to protect the health of the public. Choose one of the following topics and write a well-reasoned 1000-1200 word essay analyzing the issue from both perspectives. What are the legal principles in favor of each perspective? What are the public health principles in favor of each perspective? Where do they converge and diverge?
Use the template provided.
National mask mandates during an active pandemic
OR
Federally mandated safe gun storage law
Be sure to refer to legal principles in the text and in course materials.
Listen to this podcast episode from Johns Hopkins School of Public Health – A Court Decision Reducing Access to Preventive Services Under the Affordable Care Act.
Initial post:
If the government cannot mandate health plans to cover preventive services based on sound evidence, such as the US Preventive Services Task Force, what are the implications for public health? Are there other ways to incentivize prevention activities? Are health plans motivated to cover such services on their own as a way to reduce coverage costs for treatment later on? What are the arguments for and against? Use the PESTLE framework for thinking about this and consider at least 3 of the PESTLE domains (NOTE: the table in the PHF summary are examples; they are not the only way PESTLE is applied in public health analyses).
Response post:
Write two response posts that are thoughtful and well-reasoned using public health law principles. You can choose to respond to the same peer more than once, instead of responding to multiple peers.
Review the Model State Emergency Health Powers Act (MSEHPA) before engaging with the this discussion. Pay particular attention to Articles V and VI.
Initial post:
Assume that your state has adopted the MSEHPA. Using your own community (city, town, or county) as a point of reference, provide three specific examples of how one or more provisions of the MSEHPA was applied during the COVID-19 pandemic (2020-2022). Clearly describe the public health emergency activity in your community and the specific MSEHPA authority that would justify that action. Also indicate whether and how these actions had disparate impact on certain populations.
Response post:
Write two response posts. How were events in your community similar or different? What are some attributes of your community that might have influenced its PHE response (e.g., politics, size, geography, demographics)? You can choose to respond to the same peer more than once, instead of responding to multiple peers.
Additional reading for this assignment: Opioid Settlement Payouts to Localities Made Public for First Time Kaiser Family Foundation (2023).
Read the article above and review the content in Chapters 5 and 10. Write a 1000-1200 word paper discussing the primary lessons from major litigation on public health issues. Address the benefits and potential limitations or risks of litigation against manufacturers, distributors, and/or service providers. Consider who are the stewards of the public’s interests. Who should the beneficiaries be and how can court orders or court-approved settlements protect the interests of the public and address the harms suffered by individual people (e.g., sick people, families of people who have died)?
You should consider these issues as they relate to public health threats beyond the opioid crisis (e.g. harm from environmental contamination, unsafe products).
Use the template provided.
PFAS chemicals are a health threat to all of us and a financial and existential threat to many farmers who find they have PFAS chemicals in the ground on their farms. Review this NYT article 3M Reaches $10.3 Billion Settlement in ‘Forever Chemicals’ Suits.
Initial post:
The per-and polyfluoroalkyl substances (PFAS) are a group of chemicals used to make fluoropolymer coatings and products that resist heat, oil, stains, grease, and water (CDC Fact Sheet). Using public health principles, argue persuasively for AND against the use of PFAS chemicals. Also, was the settlement with 3M enough? How should those settlement monies be used to repair harms that have already occurred and prevent future harm? Will this settlement encourage manufacturers to learn more about their products before they market them?
Response post:
Write two response posts that are thoughtful and well-reasoned using public health law principles. You can choose to respond to the same peer more than once, instead of responding to multiple peers.
Let’s think about the longer-term public health consequences of abortion restrictions from the interesting perspective of provider access.
Read ‘We’re not going to win that fight’: Bans on abortion and gender-affirming care are driving doctors from Texas from The 19th News.
Initial post:
What are some options for state laws and policies that could keep existing OB-GYN providers or recruit new ones? What are the consequences of a reduction in providers and what are the likely impacts on certain populations? What about the spectrum of gender-affirming care; what are the consequences for trans youth and their families?
Response post:
Write two response posts that are thoughtful and well-reasoned using public health law principles. You can choose to respond to the same peer more than once, instead of responding to multiple peers.
Please read the Brennan Center for Justice’s analysis of the important issue of reproductive rights given the number of people impacted by abortion restrictions. Is abortion a constitutional right?
Consider other constitutionally protected rights such as women’s right to vote (19th Amendment), the right to freedom from enslavement (13th Amendment), protection of right to vote on basis of race (15th Amendment) and the impact they have had on civic participation, population health (consider all social determinants of health). With those protections in mind, and considering the public health implications on ill-prepared individuals, families, communities of raising and supporting children, answer the following questions:
What are three (3) possible local or state level policy responses to Dobbs that will protect the health and finances of women or pregnant people forced to remain pregnant and raise a child?
What are two (2) state or federal policy responses to address the decreasing numbers of OB-GYN providers, particularly in those states with abortion restrictions so that women can access care?
Use the template provided.
We will use a modified version of the “spark question” from Chapter 19 in your text for this week’s Discussion.
Initial post:
Provide two (2) examples of laws, regulations, or ordinances that you believe have influenced public health. Explain how they have influenced the health of the public and discuss how you might evaluate whether those laws (or regulations or ordinances) have had positive, negative, or no significant impact on public health over time.
Response post:
Write two response posts that are thoughtful and well-reasoned using public health law principles. You can choose to respond to the same peer more than once, instead of responding to multiple peers.
Initial post:
After reading Chapters 2 and 8 in the Nuffield Report, what are your opinions about how a community with a public health concern and limited resources should allocate those resources among populations or groups at risk? How should stigma be factored in, particularly for groups that are particularly stereotyped or discriminated against? Explain your thinking using public health ethical principles cited in the text or in the Nuffield Report.
Response post:
Write two response posts that are thoughtful and well-reasoned using public health law principles. You can choose to respond to the same peer more than once, instead of responding to multiple peers.
Additional reading for assignment:
Nichol, A.A., Mermin-Bunnell, K.M. The ethics of COVID-19 vaccine distribution. J Public Health Pol 42, 514–517 (2021).
The Nichol article raises questions about how we should distribute future vaccines when the supply or distribution requires an allocation plan. Using reasoning from the article and from the Nuffield Report, what allocation plan would you suggest and why, given the following scenario, and is there anything else you would need or want to know?
Urban community with dense housing
Diverse race, ethnicity, and age
Low and middle income
Foreign traveler is sick with Ebola, infecting 10 hospital staff and threatening many others. Fatality rate is 20% across age groups
Ebola vaccine is available but will come in batches over months and will take 3 months to get enough for everyone in the community
Use the template provided. The word limit is 750.
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Questions? Visit the Student Support Public Health page
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The American Medical Association Manual (AMA) of Style, 11th edition is the required writing format for this course. Additional support for academic writing and AMA format is provided throughout the coursework as well as at the UNE Portal for Online Students.
Online resources: AMA Style Guide
The College of Professional Studies uses Turnitin to help deter plagiarism and to foster the proper attribution of sources. Turnitin provides comparative reports for submitted assignments that reflect similarities in other written works. This can include, but is not limited to, previously submitted assignments, internet articles, research journals, and academic databases.
Make sure to cite your sources appropriately as well as use your own words in synthesizing information from published literature. Webinars and workshops, included early in your coursework, will help guide best practices in APA citation and academic writing.
You can learn more about Turnitin in the guide on how to navigate your Similarity Report.
Please review the technical requirements for UNE Online Graduate Programs: Technical Requirements
Course surveys are one of the most important tools that University of New England uses for evaluating the quality of your education, and for providing meaningful feedback to instructors on their teaching. In order to assure that the feedback is both comprehensive and precise, we need to receive it from each student for each course. Evaluation access is distributed via UNE email at the beginning of the last week of the course.
Students are responsible for submitting work by the date indicated in Brightspace.
Quizzes and Tests: Quizzes and tests must be completed by the due date. They will not be accepted after the due date.
Assignments: Unless otherwise specified, assignments will be accepted up to 3 days late; however, there is a 10% grade reduction (from the total points) for the late submission. After three days the assignment will not be accepted.
Discussion posts: If the initial post is submitted late, but still within the discussion board week, there will be a 10% grade reduction from the total discussion grade (e.g., a 3 point discussion will be reduced by 0.3 points). Any posts submitted after the end of the Discussion Board week will not be graded.
Please make every effort ahead of time to contact your instructor and your student support specialist if you are not able to meet an assignment deadline. Arrangements for extenuating circumstances may be considered by faculty.
The policies contained within this document apply to all students in the College of Graduate and Professional Studies. It is each student's responsibility to know the contents of this handbook.
Please contact your student support specialist if you are considering dropping or withdrawing from a course. The last day to drop for 100% tuition refund is the 2nd day of the course. Financial Aid charges may still apply. Students using Financial Aid should contact the Financial Aid Office prior to withdrawing from a course.
The University of New England values academic integrity in all aspects of the educational experience. Academic dishonesty in any form undermines this standard and devalues the original contributions of others. It is the responsibility of all members of the University community to actively uphold the integrity of the academy; failure to act, for any reason, is not acceptable. For information about plagiarism and academic misconduct, please visit https://www.une.edu/studentlife/plagiarism.
Academic dishonesty includes, but is not limited to the following:
Charges of academic dishonesty will be reviewed by the Program Director. Penalties for students found responsible for violations may depend upon the seriousness and circumstances of the violation, the degree of premeditation involved, and/or the student’s previous record of violations. Appeal of a decision may be made to the Dean whose decision will be final. Student appeals will take place through the grievance process outlined in the student handbook.