Syllabus
Graduate Programs in Public Health
GPH 747 Public Health Law & Ethics
Credits - 3
Description
This is an introductory course in public health law and ethics. While a goal of government is to protect and support the health of the public, implementation of health policies may infringe on the right and liberties of individuals, including businesses. This conflict is sometimes characterized as “private interest versus public good.” This course explores the inherent tension between promoting the public health and protecting the legal and ethical rights and interests of individuals. The course will focus on the legal foundations of the American public health system and resulting ethical dilemmas that must be reconciled when the interests of the larger community may be at odds with those of individuals.
We will 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. Students will use the case study method approach to scrutinize ethical and legal issues in public health practice, administration and research and analyze functions and interactions between courts, legislators and regulators. Class activities and assignments will provide students with opportunities to read and discuss case law, statutes and regulations and to apply various analytical models for probing relevant legal and ethical principles in public health.
Materials
Learning Objectives and Outcomes
Course Objectives:
At the end of this course, students will achieve the following course learning objectives:
- Describe the framework of the US legal system, and the intersection of public health law and ethics.
- Discuss the relevance of ethical principles, and apply such principles in public health practice and administration.
- Describe the regulatory environment that governs and influences public health. Discuss the complex legal, economic, social and ethical considerations associated with various public health issues.
- Describe and assess conflicts between government interests in public health and individual interests in liberty.
- Identify and address existing and emerging ethical concerns in public health practice and administration.
- Interpret and present pertinent legal and ethical analysis of public health issues through written and oral communications.
Core Competencies:
Core competencies are the final outcomes that we expect all students to be able to meet when they have completed their entire course work within the program. Each subsequent course should build on these competencies. If this is your first course, you may just begin to understand the competencies and how they fit into your learning. If this is your sixth course, you should be able to see how you are now able to meet many of these as well as understand further what each represents.
The following competencies are linked to the coursework for this course and are based on the Core Competency model developed by the Association of Schools and Programs of Public Health (ASPPH):
E.9 Apply ethical principles to public health program planning, implementation and evaluation.
F.5 Apply legal and ethical principles to the use of information technology and resources in public health settings.
F.7 Demonstrate effective written and oral skills for communicating with different audiences in the context of professional public health activities.
G.1 Describe the roles of, history, power, privilege and structural inequality in producing health disparities.
G.2 Explain how professional ethics and practices relate to equity and accountability in diverse community settings.
H.8 Apply social justice and human rights principles when addressing community needs.
J.2 Apply basic principles of ethical analysis (e.g. the Public Health Code of Ethics, human rights framework, other moral theories) to issues of public health practice and policy.
J.7 Analyze the potential impacts of legal and regulatory environments on the conduct of ethical public health research and practice.
J.8 Distinguish between population and individual ethical considerations in relation to the benefits, costs, and burdens of public health programs.
L.9 Analyze the effects of political, social and economic policies on public health systems at the local, state, national and international levels.
Assignments
Weekly Forum in Threaded Discussion
15 points (2 points each week during weeks 1 -7; 1 point in week 8))
Each student is required to participate in the online Forum Discussion each week of the course.
Posting to the Forum Discussion: Each week will feature two questions posed on that week’s discussion board. Students are expected to answer each question with a substantive post by Sunday at 11:59pm; a separate post should be made for each discussion question, please do not combine questions into a single response. These initial posts should be substantive contributions that explore the complex issues raised by each question. For most weeks, that means you must have completed the reading by this time. By Wednesday at 11:59pm, you are expected to have read your classmates’ posts on each question, and have posted a brief response in that week’s forum commenting on emerging themes, comments, or questions you have about your classmates’ posts. Please note that this course has been formatted so that students will not be able to read their peers’ posts until after making their own initial post.
General Guidelines for Forum Questions: Use information that you have learned each week from your readings, lectures and written assignments, combined with your own knowledge and compose an answer of no more than 100 words. When responding to your peer’s comments, make sure your feedback has substance and is related to the reading and lectures.
The forum questions do not have right or wrong answers, but are designed to encourage dialogue among classmates and to hear different views. Instructors read all discussion threads and students are expected to do the same. Instructors will join the discussion periodically, sometimes to ask a question that might take the discussion in a different direction or to a deeper level.
Ethical Case Study Presentation
15 points
Each discussion group will discuss an ethical case study on the group discussion board. Then each student will independently write up an ethical case analysis, applying one of the ethical frameworks.
Written Assignments
40 points (2 papers, each 20 points)
All written assignments are due by Wednesday at 11:59pm of the week they are assigned unless otherwise noted on the syllabus. There is a two-day grace period on assignments. 10% will be deducted for 1 day late and 20% for 2 days late. After the two-day period, no late assignments will be accepted.
Two Papers –Paper topics will focus on issue spotting, legal and ethical analysis of public health issues or cases. Length 3-5 pages.
Final Exam
30 points
Students will be given 72 hours to answer a number of short essay questions based on the readings and lectures over the entire course. This will be due Sunday December 21 at 11:59pm. The answers must be in 12-point font, double-spaced and no more than 10 pages long.
Grading Policy
Your grade in this course will be determined by the following criteria:
Grade Breakdown
| Assignment | Points |
|---|---|
| Weekly participation in forum discussions | 15 points - 2 points each week in weeks 1-7; 1 point week 8 |
| Ethical case study presentation | 15 points |
| Two papers, legal and ethical analyses | 40 points (20 points each) |
| Final exam (week 8) | 30 points |
| Total | 100 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
Class Format
The course will be delivered in 8 weekly online modules. Each module will consist of an online lecture, reading assignments, web-based projects, along with written discussion questions requiring original individual student responses. All students will participate in a group presentation of an ethical case analysis. There will also be two papers (3-5 pages) and a final examination. Weekly online modules will be posted to the site by midnight on Tuesdays.
Course Calendar
Course weeks: Each week runs from Wednesday to Wednesday, except for the final week which is a half week and only runs from Wednesday to Sunday. The weeks overlap to make it easier for all, as you will receive an extra day to complete assignments.
| Week 1: | Oct. 28 – Nov. 4 |
| Week 2: | Nov. 4 – Nov. 11 |
| Week 3: | Nov. 11 – Nov. 18 |
| Week 4: | Nov. 18 – Nov. 25 |
| Week 5: | Nov. 25 – Dec. 2 |
| Week 6: | Dec. 2 – Dec. 9 |
| Week 7: | Dec. 9 – Dec. 16 |
| Week 8: | Dec. 16 – Dec. 20 (Sunday) |
Weekly Calendar
Week 1: Oct. 28 – Nov. 4
- Introduction to Public Health Law and Ethics
- Review course syllabus and requirements
- Overview of US legal system
Readings (from textbooks):
- Reader – Preface, Chapter 1
Readings (linked in Bb):
- Glossary of legal terms
- Wall St. Journal article “What Role Should Government Play in Combating Obesity?”
Forum Questions:
An initial post for each question is due Sunday, November 1, by 11:59pm. A response post is due by Wednesday, November 4, by 11:59pm.
- Question 1: Post a brief personal introduction. Share what you do, why you are taking this course, what you expect to get out of it and how it may help you in your work or the work you hope to do.
- Question 2: Read “What Role Should Government Play in Combating Obesity” and respond to the three panelists’ remarks.
Week 2: Nov. 4 – Nov. 11
-
Public Health Ethics: Introduction to ethical principles, analytic framework and case study approach
Readings (from textbooks):
- Reader – Chapter 2
- Case Studies Public Health Ethics – Chapter 1
Readings (linked in Bb):
- Kass, NE, “An Ethics Framework for Public Health”
- Roberts and Reich, “Ethical Analysis in Public Health”
- Principles of Ethical Practice of Public Health Brochure
- Tuskegee Syphilis Study – CDC website
- Thomas, “The Tuskegee Syphilis Study, 1932-1972:
- Implications for HIV Education and AIDS Risk
- Programs in the Black Community
- Annas, “Research Forum: Ethics and HIV”
Forum Questions:
An initial post for each question is due Sunday, November 8, by 11:59pm. A response post is due by Wednesday, November 11, by 11:59pm.
- Question 1: Consider the controversy around the HIV drug trials in Africa in the 1990’s. What should be the ethical guidelines concerning the testing and priority of allocation of an Ebola vaccine or treatment?
- Question 2: Thomas writes about the lasting effects of the Tuskegee syphilis study on the credibility of public health in the black community. What public health laws and policies help or hinder this effort?
Assignment:
- Ethical case discussion groups set up, written analysis due November 18. Discuss ethical case study with your discussion section of assigned case problem from PHE. Apply one of the ethical decision making frameworks to assess the ethical conflict and answer specific questions for each case.
Week 3: Nov. 11 – Nov. 18
- Foundations of Public Health law
- Public Health Duties and Powers
- Public Health and the Protection of Individual Rights
Readings (from textbooks):
-
Reader: Chaps. 3 and 4
Readings (linked in Bb):
- Greenhouse, “New insights into Deshaney”
- Parmet, “Federalism and Public Health”
- Mariner, “Jacobson v Massachusetts –it’s not your great-grandfather’s public health law”
- Jacobson v Massachusetts
Forum Questions:
An initial post for each question is due Sunday, November 15, by 11:59pm. A response post is due by Wednesday, November 18, by 11:59pm.
- Question 1: The case of Jacobson v. Massachusetts, decided in 1905, is one of the hallmark public health law decisions. Do you think the court’s ruling remains relevant today? Is the court’s opinion regarding mandatory smallpox vaccination applicable to non-communicable disease public health laws?
- Question 2: Do you agree with the majority or dissent in Deshaney v. Winnebago? If the government acts to establish a protective agency, should citizens have a reasonable expectation that they can rely on that agency to safeguard their health and safety?
Assignment:
- Ethical Case Written Analysis due November 18, by 11:59pm
Week 4: November 18-25
- Public Health Governance: Role of Regulatory Authorities in Public Health
- Tort Law and the Public Health: Indirect Regulation
Readings (from textbooks):
-
Reader: Chaps. 5 and 6
Readings (linked in Bb):
- Mello, “Obesity-the New Frontier of Public Health Law”
- Murtagh, “State Intervention in Life-Threatening Childhood Obesity”
Forum Questions:
An initial post for each question is due Sunday, November 22, by 11:59pm. A response post is due by Wednesday, November 25, by 11:59pm.
- Question 1: Comment on “The Deregulatory State.” Do you agree with Gostin about this trend in regulation?
- Question 2: Murtagh’s article describes how some states have decided to intervene in the cases of morbidly obese children. Is this is an appropriate and ethical use of state police powers? Is it good public health policy?
Assignment:
- First legal analysis paper due by midnight, November 25, by 11:59pm
Week 5: November 25-December 2
- Surveillance and Public Health Research: Privacy and the “Right to Know”
Readings (from textbooks):
- Reader: Chap. 8
Readings (linked in Bb):
- Tarasoff v. Regents of California
- Mello and Gostin, “Legal Perspectives on Diabetes Surveillance – Privacy and Policy Power”
- Chanory et al., “Tracking Diabetes: NYC’s A1C Registry”
- Maine Health Care Information Privacy Statute
Forum Questions:
An initial post for each question is due Sunday, November 29, by 11:59pm. A response post is due by Wednesday, December 2, by 11:59pm.
- Question 1: Do you think public health departments should implement the same surveillance techniques for non-communicable illnesses like diabetes as they do for infectious disease? What are the pros and cons of the NYC diabetes monitoring program?
- Question 2: How do we balance the public’s right to know vs. privacy rights of Ebola patients? Should their names be released to the press? What information does the public need to know to protect itself?
Assignment:
- Second paper topic posted, due December 9. Position paper on current case/issue involving constitutional challenge to public health policy/law.
Week 6: December 2-December 9
- Public Health Strategies for Infectious Disease: Bodily Integrity, challenges to association, travel and liberty
Readings (from textbooks):
- Reader: Chap. 10 and 11
Readings (linked in Bb):
- Maine Notifiable Conditions Statute
- Maine Rules for Control of Notifiable Conditions
Forum Questions:
An initial post for each question is due Sunday, December 6, by 11:59pm. A response post is due by Wednesday, December 9, by 11:59pm.
- Question 1: Compulsory vaccination and preemption: The widespread use of nonmedical exemptions provokes concern for the public’s health. How should we balance respect for individual beliefs against community health?
- Question 2: You are the governor of Maine. A case of Ebola has been diagnosed at Maine Medical Center. The patient has been in contact with at least 20 people. Some of your staff recommend that you declare an extreme public health emergency under Maine law. Is that step necessary?
Assignment:
- Second legal analysis paper due December 9
Week 7: December 9-16
- Global Health Law
Readings (from textbooks):
- Reader: Chap. 7
Forum Questions:
An initial post for each question is due Sunday, December 13, by 11:59pm. A response post is due by Wednesday, December 16, by 11:59pm.
- Question 1: WHO’s International Health Regulations were created in 2007 to improve coordination of reporting and monitoring of epidemics like Ebola. How effective do you think the IHR and WHO has been in this situation?
- Question 2: A criticism of many of the global health international agreements is that they lack the enforcement and dispute settlement mechanisms of international bodies like the World Trade Organization (WTO). Should agreeing to enforcement of rulings be a requirement for member states of the WHO?
Week 8: December 16-21
- Government Speech
Readings (from textbooks):
- Reader: Chap. 9
Forum Question:
Due Sunday, December 20, by 11:59pm
Question: Public health is attempting to change the food marketing environment by such measures as the NYC ordinance requiring chain restaurants to disclose caloric information. Do you think this conforms to the law on commercial speech and is it good policy?
Assignment:
- Final Exam: – 72 hour take home exam to be submitted by midnight on December 20, by 11:59pm
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:
- Library Access for all students: Your library login ID and password are the same as the ones you use to log into Blackboard/Brightspace.
- Public Health Databases: https://library.une.edu/library-materials/find/research-by-subject/public-health/
- Library Tutorial: Find an article
- Library Questions: Ask a librarian or phone library staff at (207) 602-2361 or (207) 221-4330.
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.
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:
- Cheating, copying, or the offering or receiving of unauthorized assistance or information.
- Fabrication or falsification of data, results, or sources for papers or reports.
- Action which destroys or alters the work of another student.
- Multiple submissions of the same paper or report for assignments in more than one course without permission of each instructor.
- 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.
Attendance Policy
Online students are required to submit a graded assignment/discussion prior to Sunday evening at 11:59 pm ET of the first week of the term. If a student does not submit a posting to the graded assignment/discussion prior to Sunday evening at 11:59 pm ET, the student will be automatically dropped from the course for non-participation. Review the full attendance policy.
Late Policy
Assignments: Late 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.
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 UNE Plagiarism Policies.
Academic dishonesty includes, but is not limited to the following:
- Cheating, copying, or the offering or receiving of unauthorized assistance or information.
- Fabrication or falsification of data, results, or sources for papers or reports.
- Action which destroys or alters the work of another student.
- Multiple submissions of the same paper or report for assignments in more than one course without permission of each instructor.
- 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.