New York Public Health Law 2013

The Health Law Section has three recordings available to purchase and view for CLE credit, any time that is convenient for you: New York State is facing a health care crisis: While a single donor can help save the lives of up to 8 people, potential donors are rare. It is crucial that all of the participants in the process, legal, clinical, administrative and governmental are knowledgeable about the law and the process surrounding organ and tissue donation.

Health Law Section Fall Meeting: Health Law Section Member: These innovative programs and the use of the technology necessary to support them do not come without legal barriers and challenges. Our diverse panel of speakers will describe innovative, collaborative initiatives that are disrupting the health care system, and the practical ways to overcome the real and perceived barriers to sustained implementation.

This program is accredited for 2. The NYSBA's Health Law Section, in collaboration with Albany Law School and Fordham Law School, is holding the second program of a two-part series exploring the state of population health initiatives for improving the public's health and the law affecting: These areas are of increasing importance both in understanding the breadth and impact of federal and state health laws on health systems and systems innovation and how research and data may inform health law and policy as well as clinical practice.

Health Law Section Members: Part I of this series is available for free, and does not offer CLE credit: Health Law Section Fall Meeting In an era of calls for smaller government, there is a need to show that official action can succeed in producing population health benefits. A strong list of critical opportunities highlighting effective, feasible interventions can counter beliefs that regulation cannot work and carries too great a social cost. A second reason a critical opportunities conversation is needed is to support strategic choices in policymaking.

Individual policymakers, too, must make hard choices about where to invest effort and resources. Third, a critical opportunities movement could bridge informational gaps that may account for the lack of uptake of some promising legal interventions. Policymakers have both too much information and too little about opportunities in public health law. They may have far less access to objective, scientific information—especially comprehensible summaries of the strength of evidence for particular legal interventions.

A critical opportunities initiative can supply reliable evidence syntheses and expert analyses where an evidence base already exists. It can also identify lingering evidentiary gaps that require further research e. Consulting—or engaging a health agency to contribute to—a growing menu of critical opportunities could help health leaders find innovative legal interventions to meet state and local needs that will not wait for exhaustive research and a Cochrane, Campbell or Community Guide review. By bridging informational gaps, a critical opportunities initiative can also promote evidence-based lawmaking.

Generating consensus about critical opportunities can help make the case for policy experiments of promising ideas as well as the systematic evaluation of those experiments that is necessary to advance knowledge and improve laws over time. The best examples of public health law conforming to evidence—such as GDL laws, child safety seat laws, and clean indoor air laws—are ones in which early innovations at the state or local level were evaluated, adapted with evidence-based changes, and then further evaluated and tweaked in a cycle of innovation and assessment.

A conversation on critical opportunities can place policy ideas in this cycle and help policymakers understand where those ideas currently lie along the continuum of evidence. The critical opportunities approach is an exercise in the generation and diffusion of innovation. Many innovators in public health law have promising ideas, but there need to be pathways along which these ideas can reach important opinion leaders and thence move out across networks.

The process of suggesting, vetting, and publicizing critical opportunities can create an easily accessible window for policymakers to see where the needs are and how they might be fulfilled through better use of law. Of course, identifying good ideas does not remove the barriers to pursuing them. Policymakers will always struggle with interest group politics, opposition to regulation from industry, severe resource constraints, and other obstacles. But arming themselves with consensus-based, evidence-based policy recommendations may help policymakers make their case.

Smoking and Tobacco Control Laws

Leaders and practitioners in public health are trying to make the best of challenging political and economic times by identifying what works and devising new ways to deliver essential services. Accreditation, consolidation, and cross-jurisdictional sharing of public health programs and staff are all examples of this effort. More effective use of law should be part of this transformation, and a critical opportunities initiative can light the way.

We are grateful to Evan Anderson, Patrick Bernet, and Prabhu Ponkshe for helpful comments on the draft article and to Jillian Penrod for assistance with article preparation. Institutional review aboard approval was not needed for this work because no human participant research was involved. National Center for Biotechnology Information , U. Am J Public Health. Published online November. Wagenaar , PhD, Jennifer K.

Swanson , PhD, MA. Author information Article notes Copyright and License information Disclaimer. At the time this work was conducted, Michelle M. Correspondence should be sent to Michelle M. Reprints can be ordered at http: Accepted February 10, This article has been cited by other articles in PMC. Abstract Although legal interventions are responsible for many sentinel public health achievements, law is underutilized as a tool for advancing population health.

Criteria Considerations Addresses a problem of public health significance Prevalence of the health condition Severity of harm morbidity or mortality Distributional effects is a population subgroup disproportionately affected? The mechanisms underlying the public health problem are sufficiently well understood to support a conclusion that it is plausibly amenable to change through law Health problem is causally related to behaviors, conditions, or other determinants that could plausibly be influenced by law A plausible legal intervention has been identified Intervention is likely to be effective Intervention does not face insurmountable legal barriers Political opposition, if present, could probably be overcome in time.

Open in a separate window. Opportunity Legal Interventions Distinctive Features Graduated driver licensing laws Strengthen existing state laws by adopting proven components across states, including: Extensive evidence for the efficacy of voluntary mental health treatment and the role of family social support in ensuring treatment adherence Laws requiring or encouraging colleges to implement threat assessment teams Strong face validity and expert consensus supporting the benefits of threat assessment teams and early parental notification Laws requiring colleges to notify parents when students have dangerous mental health crises Low uptake of these legal interventions by colleges and universities in part because of misperceptions about federal laws Clarification of relevant exceptions to federal privacy and disability laws to facilitate such measures.

Public Health Significance Every day, about 15 US adolescents die in motor vehicle crashes—more than from any other cause of death. Role of Law Law has played a crucial role in creating conditions for safe driver development through GDL schemes, which now exist in all US states. Evidence Base Strong, consistent scientific evidence supports the effectiveness of comprehensive GDL laws.

• Critical Opportunities for Public Health Law: A Call for Action;
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Public Health Significance Injury and disease caused by excessive consumption of alcoholic beverages—either in a single episode or chronically—are the third leading preventable cause of death in the United States. Role of Law Since the repeal of Prohibition—a failed social experiment with some forgotten public health benefits 36 —alcoholic beverages have been subject to a host of regulations limiting sales and access, restricting who can sell and serve, and maintaining a floor on retail prices through either state-owned monopoly sellers or excise and sales taxes.

Critical Opportunity During the past several decades, real tax rates on alcoholic beverages have steadily eroded. Evidence Base Voluminous, consistent evidence supports the expectation that increasing alcohol taxes would result in significant reductions in death, disability, and other health and social costs attributable to drinking. Public Health Significance Sodium consumption has increased in the United States since the s and is now the second leading driver of cardiovascular disease.

Role of Law To date, law has not been used in the United States to reduce sodium in the food supply. Evidence Base Although not uncontroverted, the evidence about the health effects of sodium is sufficient to have persuaded the IOM and World Health Organization to recommend policies to reduce sodium consumption and sodium content in foods. Public Health Significance Recently, a dramatic increase in deaths among licit and illicit users of prescription opioids has put overdose squarely on the prevention agenda. Role of Law A variety of legal approaches are being deployed to promote safer prescribing practices, better regulate pharmaceutical marketing, and limit diversion of prescription drugs into illegal markets.

Critical Opportunity An increasing number of states are recognizing an opportunity to facilitate reversal of overdoses. Evidence Base There is currently only suggestive evidence that enacting these measures leads to a reduction in overdose deaths. Role of Law Legal approaches to college mental health issues vary across jurisdictions, tend to be poorly understood by stakeholders, 75 and are often not used or not well implemented.

Critical Opportunity State legislatures could require colleges to implement evidence-based campus safety measures that federal law does not forbid.

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Evidence Base High face validity and expert consensus support the view that threat assessment teams can help protect students with potentially dangerous mental health conditions from harming themselves or others. Why a Critical Opportunities Initiative Now There are several reasons it is important to pursue a national conversation to identify critical opportunities. Continuing the Conversation The critical opportunities approach is an exercise in the generation and diffusion of innovation.

Human Participant Protection Institutional review aboard approval was not needed for this work because no human participant research was involved.

Critical Opportunities for Public Health Law: A Call for Action

Centers for Disease Control and Prevention. Law and public health at CDC. Ten great public health achievements—United States, — Accessed April 23, National Academies Press; Robert Wood Johnson Foundation. Public health law research.

CRITERIA FOR CRITICAL OPPORTUNITIES

Accessed May 7, Network for public health law. American Public Health Association. How Do We Get It? Adolescent motor vehicle crash risk: Drivers aged 16 or 17 years involved in fatal crashes—United States, — The burden of disease and injury in the United States: Am J Prev Med. Rationale for graduate licensing and the risks it should address. National Highway Traffic Safety Administration.

Graham R, Appleton Gootman J. Preventing teen motor crashes: Hedlund J, Compton R. Graduated driver licensing research in and beyond. Passenger effects on teenage driving and opportunities for reducing the risks of such travel. A Report to Congress. US Department of Transportation; Governors Highway Safety Association. Graduated driver licensing GDL laws. Contribution of the components of graduated licensing to crash reductions.

Graduated licensing and beyond. Graduated driver licensing research, —present: Actual causes of death in the United States, Alcohol-attributable deaths and years of potential life lost—United States, Chen CM, Hsiao-ye Y.

NYSBA | Health Law Section

National Center for Health Statistics; Economic costs of excessive alcohol consumption in the US, Did prohibition really work? Alcohol prohibition as a public health innovation. Effects of beverage alcohol price and tax levels on drinking: The effectiveness of tax policy interventions for reducing excessive alcohol consumption and related harms. Effects of alcohol tax price policies on morbidity and mortality: Factbook on State Beer Taxes. Center of Science in the Public Interest; Alcohol and Tobacco Tax and Trade Bureau.

The effects of price on alcohol consumption and alcohol-related problems. The Costs and Benefits of Alcohol Control. Princeton University Press; Salt intake, stroke, and cardiovascular disease: Population strategies to decrease sodium intake and the burden of cardiovascular disease: Projected effect of dietary salt reductions on future cardiovascular disease. N Engl J Med. Reduced dietary salt for the prevention of cardiovascular disease: Strategies to reduce sodium intake in the United States.

Less salt—less risk of heart disease and stroke. US Food and Drug Administration. Substances Generally Recognized as Safe. Generally recognized as safe GRAS Accessed May 9, Food companies sign up for war on salt: Curtailing diversion and abuse of opioid analgesics without jeopardizing pain treatment. Facing up to the prescription opioid crisis.

A flood of opioids, a rising tide of deaths. Gugelmann HM, Perrone J. Can prescription drug monitoring programs help limit opioid abuse? Prescription drug monitoring project. Stopping an invisible epidemic: Changing law from barrier to facilitator of opioid overdose prevention. Expanded access to Naloxone: Community-based opioid overdose prevention programs providing Naloxone—United States, Kerlikowske promotes Naloxone in face of FDA barriers.

Alcohol Drug Abuse Wkly.



Can we prevent drug related deaths by training opioid users to recognise and manage overdoses? Saved by the nose: Overdose prevention and Naloxone prescription for opioid users in San Francisco. A qualitative study of overdose responses among Chicago IDUs. Distinguishing signs of opioid overdose and indication for naloxone: National Center for Education Statistics. Digest of Education Statistics: Institution of Education Sciences; Mental health of college students and their non-college-attending peers: Falling through the cracks—Virginia Tech and the restructuring of college mental health services.

Managing violent and other troubling students: J Coll Univ Law. General Assembly of the Commonwealth of Virginia; Examples to Inform Public Policy. Milbank Memorial Fund; Social support and patient adherence to medical treatment: Yale University Press; Agendas, Alternatives, and Public Policies. Public Health Law Research. Support Center Support Center. Please review our privacy policy. Distributional effects is a population subgroup disproportionately affected?

The mechanisms underlying the public health problem are sufficiently well understood to support a conclusion that it is plausibly amenable to change through law. Health problem is causally related to behaviors, conditions, or other determinants that could plausibly be influenced by law. Strengthen existing state laws by adopting proven components across states, including:.

Extensive, consistent, strong evidence that graduated driver licensing laws reduce crashes and that laws with extended learner periods and stringent nighttime and passenger restrictions are most effective.

Double current state alcoholic beverage tax rates and include annual inflation adjustment. Alcohol taxes are widely in use, but tax rates have been allowed to decrease in real terms over time. Extensive, consistent, strong evidence that higher alcohol taxes are associated with lower alcohol-related mortality, disability, and economic costs.

The weight of the evidence from multiple studies links sodium consumption with increased risk of serious chronic disease. Evidence is lacking on the magnitude of population risk at current consumption levels and the safe level of sodium consumption. An existing administrative process can be used to determine a safe level and trigger product redesigns, improved labeling, and regulatory action.