Need help with my writing homework on The Derivation of Public Law and Government Levels of Preemption. Write a 500 word paper answering; Part A: a review of the derivation of public law
Public health plays a vital role in ensuring the well-being of the population as well as those who need a better health care. The organizing forces behind public health are pegged on the system of laws that defines their boundary, as well as their functions from other professionals. For instance, the law dictates that public health personnel play the role of promoting and protecting the health as well as protection of the individual’s rights in the process of protecting the health. This law is very crucial in creating a boundary between those who seek help from public health workers, since others may abuse their rights towards caring for patients or those in need. For this reason, the public health workers must ensure that they observe ethical values of the population they are serving in a manner that protects their rights. Similarly, they must help the population they serve by promoting and protecting their health, since this is the course they undertook. Serving the population is their primary duty, to ensure that the people have a good health, and are free from any illness that might interfere with their well-being (Scutchfield & Keck, 2003). Hence, the rules were derived following the mandate given to the public health workers in serving the population and promoting their well-being.
Part B: Comments regarding public health care law and civil liberty
Civil liberties are rights that individuals enjoy and are inevitable under any circumstance (Scutchfield & Keck, 2003). For this reason, public health care laws cannot interfere with them, but instead should protect them by giving the necessities required to promote life. One of the civil liberties people enjoy is the right to life, and no public health care law can deny any individual of the right (Scutchfield & Keck, 2003). Because of such civil liberties, public health care laws must work at protecting them since they are above board.
Part C: A description of the government levels of preemption
The government plays an essential role in controlling and promoting the provision of health care throughout the states (Niyi, 2004). Their role is important because it regulates the health sector as well as the conducts of the different players in the market, such as health professionals. In many cases, government sets a standard under which all the practices have to align and adhere to (Niyi, 2004). Because of this attempt, governments pre-empt competitiors in some circumstance and become the only player in the market or in healthcare for that matter. This happens because of the supervisory role of the government in the lower level agencies or hospitals with the aim of maintaining order and productivity. Similarly, the pre-emption of the government has made it possible for lower level hospitals or agencies to act within their capacity, making them leave other services for higher agencies or government.
Part D: Two (2) suggestions for revising the maze of entangled regulations
Although the government is playing an important part in regulating the public health sector, there are circumstances when it ought to leave it for the sake of provision of services. One of the suggestions towards revisiting government regulation is to consider the reality on the ground and the urgency of the services needed. There are circumstances when public health workers are forced to abscond giving their services because their hands are tied since they are not allowed. Hence, there is a need for change to ease admission and the provision of health care services. Secondly, health care policies need to be revisited to enable more people to access better health with or without the providers. This can be possible through disseminating information regarding emergency services as well as what to do in case of such events.
Niyi, A. (2004). What is new about the “New Public Health”? American Journal of Public
Health. 94(5), 705.
Scutchfield, F. D., & Keck, C. W. (2003). Principles of public health practices. (2nd. ed.) New
York: Thomson Delmar Learning.
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