Legal Aspects of Public Health

Public Health Code Interpretation

LHD Powers and Essential Public Health Services Compared- The Michigan legislature granted broad authority to public health departments in 1978 in the State Public Health Code.  In 1994, the U.S. Centers for Disease Control adopted a list of 10 essential public health services to provide a national framework for national public health performance standards.  The framework is a description of the public health activities that should be undertaken in all communities and define responsibilities of local public health systems.  The document describes how the Michigan code empowers local public health systems to perform in all areas of the 10 essential services framework.

Michigan Public Health Code-The Michigan Public Health Code, also referred to Act 368 of 1978, provides the basis for public health organization, programming, and enforcement in Michigan.  Since 1978 parts of the “Code” have been revised numerous times.

Michigan Administrative Rules- Administrative Rules, developed by State Departments, are authorized by enabling legislation in the Michigan Public Health Code.

Health Policy Resources | IPPSR (msu.edu) - Michigan Public Health Law 101: Authority and Limitations Peter D. Jacobson, JD, MPH Colleen Healy Boufides, JD (with thanks to Denise Chrysler, JD) University of Michigan School of Public Health Network for Public Health Law – Mid-States Region 7 February 2022

Michigan Public Health Law Training 101  - Denise Chrysler, J.D., Director, Colleen Healy Boufides, J.D., Staff Attorney, The Network for Public Health Law – Mid-States Region, University of Michigan School of Public Health, Presented August 24, 2017

Michigan Public Health Law Training 201 - Denise Chrysler, J.D., Director, Colleen Healy Boufides, J.D., Deputy Director, Jennifer Bernstein, JD, Senior Attorney, The Network for Public Health Law – Mid-States Region, University of Michigan School of Public Health, Presented August 30, 2018

• Legal Interventions for Environmental Hazards and Other Public Health Threats
• Michigan Tort Liability
• Public Health Decision-Making Tool
• Petition for Treatment of Infectious Disease
• Summary of Authority and Actions Regarding Public Health Emergencies
• Welcome Agenda- PH Law 201 Calhoun County
• Speaker Biographies- PH Law201 Calhoun County

Michigan Public Health Law Training 301 - Denise Chrysler, J.D., Director, Colleen Healy Boufides, J.D., Deputy Director, Jennifer Bernstein, JD, Senior Attorney, The Network for Public Health Law – Mid-States Region, University of Michigan School of Public Health, Presented July 31, 2019.

• Welcome Agenda- PH Law 301
• Speaker Biographies- PH Law 301
• Public Health Core Functions
• November 2018 Fact Sheet
• Summary CD Action
• Environmental Hazards
• Tort Liability
• FOIA Handout
• Petition for Transport and Affidavit
• Petition for Treatment
• Petition for Continued Treatment

Michigan Public Health Law Training 401- Carrie Waggoner, JD, Colleen Healy Boufides, JD, Denise Chrysler, JD, Peter Jacobson, JD, MPH, Lisa Peacock, MPH, MSN, RN, WHNP-BC- 2022

• PH Law 401 Slides
• October 15, 2021 Standing Order for COVID-19 Testing
• Emergency Order February 2021

Administrative Rules Process Summary

Public Health Orders, Enforcement, and Templates

Examples are provided in Michigan Public Health Law Training 201 & 301 (above). 

Network for Public Health Law (Michigan), at the University of Michigan School of Public Health

Public Health Ethics

Singapore Statement of Research Integrity-Developed and approved at the 2^nd World Conference on Research Integrity (2010), this is a global guide to responsible conduct of research.
Ethical Challenges and Decision Making for Strategic Public Health Leadership- Alan Melnick, MD, MPH, CPH, Clark County Public Health Director, Michigan Premier Public Health Conference, October 10, 2018 (60 slides and additional resources cited from CDC, NACCHO, and others).
CDC Public Health Resources – CDC has a number of resources, including a 300-page Casebook and training materials (2020).
APHA Public Health Ethics- This is a 30 page Issues Brief, from the American Public Health Association (2019).
NACCHO Public Health Ethics – A variety of items, from the National Association of County and City Health Officials. 

Mutual Assistance Agreements

FDA Long-Term Food Information Sharing Agreement (20.88)- Model agreement to facilitate exchange of non-public food and cosmetic regulatory, public health, and safety information (2017).

Local Medical Director MOUs 2017- Michigan Local Health Department Medical Director MOUs – These templates, developed can be used to provide for medical director coverage between local health jurisdictions.

Freedom of Information Act (FOIA) Resources

Michigan Freedom of Information Act (Act 442 of 1976)
Freedom of Information Act Handbook (from the Attorney General, State of Michigan, 2021)