ADMINISTRATIVE LAW IN PUBLIC HEALTH

How extensive is administrative law in public health?

How extensive is administrative law in public health?

Introduction

Today, public health regulation at nearly all levels faces extraordinary challenges both at home and abroad. The 9/11 attacks on New York by the Al Qaeda terrorist network and the anthrax bioterrorism that followed shortly thereafter have put public health regulation at the forefront of homeland security. The Anthrax Panic, in particular, has largely proven the U.S. public health system, questioning whether the United States and its member states and localities are prepared to handle a major outbreak of infectious diseases such as smallpox, future bio-terrorist action. Although the response of public health agencies is commendable, especially given the magnitude of the attacks, it is manifestly clear that the U.S. public health system will be difficult to deal with similar challenges may come (Mathews, 1976).

How it works?

The first question to administrative agencies is how to organize and provide leadership. The most important feature of the design agency in the theory of administrative law is the form of individual or government body in which the power of the agency is selected. Statute allowing each agency to specify how the responsible agency head or governing body is constituted and appointed, and the conditions of appointment. The terms of appointment are particularly important since these terms determine the relative independence and power of the agency vis-a-vis the Chief Executive, other government agencies and other branches of government, as the legislature and the courts (Richards, 1999).

In the United States, three models of executive branch administrative agencies predominant. The first is the separate apartment with an elected head of the agency. This model is in the states, but not the federal government. This model has been widely used for state public health agencies, and in general the highest official of state health will not stand for election across the state. The second model is an executive department with the appointment and absolute power of removal by the chief executive. This model seems more consistent with the U.S. Constitution and is common in both states and the federal government. At the federal level, DHHS is an example of this model.

Many states have adopted this model as well as health departments or consolidated health and social service agencies. The third model is the "independent commission", in which commissioners are appointed governing authority of the agency, the ...