Syllabus

Graduate Programs in Public Health

GPH 704 – Public Health Law & Ethics (Summer A 2024)

Credits - 3

Description

The cases decided by our US Supreme Court are considered “the law of the land” and influence the health of the public in important and impactful ways. This course focuses on the intersection of public health with our legal system, including the U.S. Constitution, federal and state laws and regulations, and influential Supreme Court opinions. While a goal of government is to protect and support the public’s health, implementing 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.

Pre-Requisites

GPH 702 An Interprofessional Approach to Policy & Advocacy

Materials

Required Text:

  • Public Health Law, Concepts and Case Studies, Edited by: Ransom, Montrece McNeill, JD, MPH, ACC | Valladares, Laura Magaña, PhD, MS (2021)
    • ISBN:
      • 978-0-8261-8203-6 (Print)
      • 978-0-8261-8204-3 (eBook)
      • DOI: 10.1891/9780826182043
    • Published 2021
  • Text of the US Constitution

*Links to additional required and suggested weekly readings and multimedia are provided in the course.

Learning Objectives and Outcomes

Course Outcomes:

  1. Compare the ways in which US legal structures and processes impact public health
  2. Explain the tension between government responsibility to protect public welfare and individual rights
  3. Analyze the ways in which US and state constitutions operate to protect the public and individuals
  4. Analyze the limits of government action as applied to case scenario(s)
  5. Explore ways that tort law and criminal law impact public health
  6. Evaluate ways that legal processes impact public health prevention and mitigation
  7. Discuss principles of social justice as they apply to public health situations
  8. Apply public health ethical principles using specific examples

Program Competencies:

PC 18: Source credible public health information to inform practice

PC 19: Execute public health research, evaluation, policy, and/or practice using informed data analysis and interpretation

PC 20: Demonstrate comprehensive public health approaches to health equity

CEPH Foundational Competencies:

FC 5: Compare the organization, structure and function of health care, public health, and regulatory systems across national and international settings

FC 12: Discuss the policy-making process, including the roles of ethics and evidence

FC 15: Evaluate policies for their impact on public health and health equity

FC 19: Communicate audience-appropriate (i.e., non-academic, non-peer audience) public health content, both in writing and through oral presentation

Assignments

Discussions:

Each week, you will have discussions related to public health cases.

Discussion forums are an essential part of the online course experience. Discussion prompts build on readings, lectures, and course content, allowing students to contribute to the learning experience by collaborating with the instructor and peers. Read the prompts carefully and use the rubrics to confirm how discussions will be graded.

Unless otherwise specified in the course, initial discussion posts are due by Sunday at 11:59 PM ET and any response posts are due by Wednesday at 11:59 PM ET.

Course Summary:

  • This course introduces students to the power – and limits – of government action in the pursuit of the health of the public. We review the basic structure of federal, state, and local governments; the meaning of “the law”; 
  • The text contains mostly primary source material, including excerpts from actual legal opinions and essays from legal and public health scholars, along with commentary from the authors. It may take a little time to get used to reading cases, but stick with it and it will get easier! 
  • The written assignments, for the most, involve material from the previous week so that you have the benefit of having already read the material and commented on it in the class discussions. They are designed so that you have an opportunity to learn about a specific public health law topic in greater depth.
  • Focus on the use of the content in the text and assigned readings for your weekly discussion posts instead of looking for external readings. I want you to spend time learning about public health law principles as outlined in the materials instead of looking for other information. The discussion board rubrics reflect high standards for the weekly discussions. Please demonstrate that you have read and thought through the assigned readings and incorporated your learning into your initial and response posts. 

 

Grading Policy

Your grade in this course will be determined by the following criteria:

Grade Breakdown

AssignmentPoints
Academic Integrity Assignment1 point
Weeks 1-7 Discussions (5 points each)35 points
Week 8 Discussion4 points
4 Written Assignments (15 points each)60 points
Total100 points

Grade Scale

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

 

 

Schedule

Schedule

Week 1: May 8 – May 15
Week 2: May 15 – May 22
Week 3: May 22 – May 29
Week 4: May 29 – Jun 5
Week 5: Jun 5 – Jun 12
Week 6: Jun 12 – Jun 19
Week 7: Jun 19 – Jun 26
Week 8: Jun 26 – Jun 30

Week 1: Foundations of Public Health Law

Learning Outcomes

  • Compare the ways in which US legal structures and processes impact public health
  • Explain the tension between government responsibility to protect public welfare and individual rights
  • Analyze the ways in which US and state constitutions operate to protect the public and individuals

Week 1 Discussion

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.

Week 2: Government Regulation for the Public’s Health: Administrative Law and Litigation to Protect Public Health

Learning Outcomes

  • Explain the tension between government responsibility to protect public welfare and individual rights
  • Analyze the ways in which US and state constitutions operate to protect the public and individuals
  • Analyze the limits of government action as applied to case scenario(s)

Week 2 Discussion 

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.

Week 2 Written Assignment

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.

Week 3: Law and the Practice of Public Health

Learning Outcomes

  • Analyze the limits of government action as applied to case scenario(s)
  • Explore ways that tort law and criminal law impact public health
  • Evaluate ways that legal processes impact public health prevention and mitigation

Week 3 Discussion

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.

Week 4: Injury Prevention and Public Health Emergencies

Learning Outcomes

  • Analyze the ways in which US and state constitutions operate to protect the public and individuals
  • Analyze the limits of government action as applied to case scenario(s)
  • Evaluate ways that legal processes impact public health prevention and mitigation

Resources

Video lecture #6: The 2d Amendment and Gun Regulation
Video lecture #6a Update to the 2d Amendment
Written lecture: Public Health Emergency Interventions

Text, Chapter 10 Unintentional Injury: Opioid Use
Text, Chapter 11 Public Health Emergency Law

Week 4 Discussion

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.

Week 4 Assignment

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.

Week 5: Environmental Harms and Public Health and Public Health Law and Indigenous Populations

Learning Outcomes

  • Analyze the ways in which US and state constitutions operate to protect the public and individuals
  • Analyze the limits of government action as applied to case scenario(s)
  • Evaluate ways that legal processes impact public health prevention and mitigation

Resources

Written lecture: Managing Environmental Harm
Video lecture #7: Special Populations and Public Health Law Principles

Text, Chapter 13 The Evolution of Environmental Public Health and the Law
Text, Chapter 14 Public Health Law and American Indians and Alaska Natives

Week 5 Discussion

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.

Week 6: Special Populations: LGBTQ+ and Women’s Health

Learning Outcomes

  • Analyze the limits of government action as applied to case scenario(s)
  • Evaluate ways that legal processes impact public health prevention and mitigation

Resources

Video lecture #8: LGBTQ Rights
Video lecture #9 Reproductive Rights

Text, Chapter 15 Public Health, LGBTQ Populations, and the Law
Text, Chapter 16 Women’s Health and the Law: Exploring Reproductive and Sexual Health

Week 6 Discussion

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.

Week 6 Written Assignment

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.

Week 7: Legal Epidemiology

Learning Outcomes

  • Discuss principles of social justice as they apply to public health situations
  • Apply public health ethical principles using specific examples

Resources

Video lecture #10 Introduction to Legal Epidemiology

Text, Chapter 19 Legal Epidemiology

Week 7 Discussion

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.

Week 8: Public Health Ethics

Learning Outcomes

  • Apply public health ethical principles using specific examples

Resources

Written lecture: Fundamentals of Public Health Ethics
Written lecture: Public Health Ethics in Practice

Text, Chapter 20 Public Health Law and Ethics

Week 8 Discussion 

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.

Week 8 Written Assignment

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?

Student Resources

Online Student Support

Your Student Support Specialist is a resource for you. Please don't hesitate to contact them for assistance, including, but not limited to course planning, current problems or issues in a course, technology concerns, or personal emergencies.

Questions? Visit the Student Support Public Health page

UNE Libraries:

UNE Student Academic Success Center

UNE's Student Academic Success Center (SASC) offers a range of free online services to support your academic achievement. Writing support, ESOL support, study strategy and learning style consultations, as well as downloadable resources, are available to all matriculating students. The SASC also offers tutoring for GPH 712 Epidemiology, GPH 716 Biostatistics, GPH 717 Applied Epidemiology, GPH 718 Biostatistics II, and GPH 719 Research Methods. To make an appointment for any of these services, go to une.tutortrac.com. For more information and to view and download writing and studying resources, please visit:

Information Technology Services (ITS)

  • ITS Contact: Toll Free Help Desk 24 hours/7 days per week at 1-877-518-4673

Accommodations

Any student who would like to request, or ask any questions regarding, academic adjustments or accommodations must contact the Student Access Center at (207) 221-4438 or pcstudentaccess@une.edu. Student Access Center staff will evaluate the student's documentation and determine eligibility of accommodation(s) through the Student Access Center registration procedure.

Policies

AMA Writing Style Statement

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

Turnitin Originality Check and Plagiarism Detection Tool

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 Turnitin Student quick start guide.

Technology Requirements

Please review the technical requirements for UNE Online Graduate Programs: Technical Requirements

Course Evaluation Policy

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.

Late Policy

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.

Student Handbook Online - Policies and Procedures

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.

Student Handbook

UNE Course Withdrawal

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.

Academic Integrity

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:

  1. Cheating, copying, or the offering or receiving of unauthorized assistance or information.
  2. Fabrication or falsification of data, results, or sources for papers or reports.
  3. Action which destroys or alters the work of another student.
  4. Multiple submissions of the same paper or report for assignments in more than one course without permission of each instructor.
  5. Plagiarism, the appropriation of records, research, materials, ideas, or the language of other persons or writers and the submission of them as one's own.

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.