Arresting the white death: preventive detention, confinement for treatment, and medical ethics.
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The number of organs available for transplantation in Canada is insufficient to meet the demand, so many patients die waiting for surgery. Improving the supply of donor organs by enacting legislation is controversial. Three approaches to legislation have been suggested: required request, mandated choice, and presumed consent. Required-request legislation demands that physicians ask all families of potential donors for permission to retrieve organs. Mandated choice requires all adults to register whether they wish to be organ donors. Presumed consent allows the removal of organs without permission if no choice was registered. These laws are aimed at coercion of physicians, patients and families retrospectively, but their relative success and ethics are questionable. Facilitating the organ donation process may be a better solution.
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Enabling statutes for state and local public health agencies set forth their powers and duties and provide the legal basis for their work. Obsolescence, inconsistency, and inadequacy may render some public health laws ineffective or even counterproductive. Reforming state public health law can improve the legal infrastructure that supports public health systems in responding to bioterrorism and other public health threats. Two legal tools available to assist the process of establishing a strong legal foundation for public health practice are the Model State Emergency Health Powers Act, developed in 2001 by the Center for Law and the Public's Health, and the Model State Public Health Act, currently under development by the Turning Point Public Health Statute Modernization National Collaborative. These model acts can serve as guides for assessing current state public health law, and they provide example statutory language for use by those working to update their laws. That strong state public health law and model public health acts serve as resources for law reform is recognized by local health officials and state legislators as well as by state public health officials. Lessons learned from recent experiences with crafting and introducing legislation based on the Model State Emergency Health Powers Act can prove useful in the future to those working on public health law reform efforts in their states.
The question posed by the title of this article encompasses more than just the law and science applied to fluoridation. A review of the history and present status of fluoridation policy development and implementation makes it quickly apparent that the lessons learned are applicable to a wide range of public health policy and that the public health community needs to be very concerned about the status and trends of legal precedent. Indeed, in the context of recent U. S. Supreme Court decisions, the need for a comprehensive and coordinated effort to educate the public, legislators, and jurists about the safety and efficacy of community water fluoridation is clear. Two fundamental issues are at the core of this article: (1) the use of science in formulating and defending public health policy, and (2) how to connect scientific fact with the legal process in connection with the actual circumstances regarding a community's health status. The opening section of this article presents an analysis of fluoridation's great success in preventing dental caries over the past 50 years, along with a discussion of current data scientifically demonstrating that fluoride is safe when properly utilized. A second section provides an overview of one state's legislative experience in mandating fluoridation and the political challenges encountered. A final section discusses the legal issues associated with fluoridation, including the bases of legal challenges to public laws mandating it.
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Preparations for healthcare workers to respond to a smallpox attack pose an array of daunting challenges, both financial and logistical, that must be addressed in a few weeks. By the end of the month, a massive corps of doctors, nurses and other healthcare workers will voluntarily receive the smallpox vaccine as part of the first phase of a national strategy announced last month by President Bush.
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