Hoffmann Diane E, Rowthorn Virginia
University of Maryland School of Law, MD, USA.
J Law Med Ethics. 2008 Fall;36(3 Suppl):6-28. doi: 10.1111/j.1748-720X.2008.00312.x.
Local health officials are called upon every day to implement the programs, enforce the regulations, and take the actions that protect the health of the citizens in their districts. These responsibilities and duties are created and regulated by a complex interplay of federal, state, and local law. Not only is an understanding of these laws necessary to carry out public health activities on a daily basis, but many public health scholars and practitioners also believe that the law can be used as a tool to take proactive steps to improve public health. Unfortunately, many local public health officials do not have access to the legal assistance they need to address the various legal questions that confront them. This deficit makes it harder for them to meet their day-to-day responsibilities and makes it much more difficult for them to use the law proactively as a method to improve public health in their communities. In addition, many of the attorneys who provide legal support to public health departments do not have the time or resources to develop a thorough and up-to-date understanding of public health law. This paper examines the experience of a number of local health offices in obtaining legal advice and of attorneys who provide legal advice and assistance to local health departments and assesses different models for organizing and financing the provision of legal services to local public health officials.
地方卫生官员每天都被要求实施各项计划、执行各项规定并采取行动，以保护其辖区内公民的健康。这些职责由联邦、州和地方法律的复杂相互作用所创设和规范。不仅日常开展公共卫生活动需要了解这些法律，许多公共卫生学者和从业者还认为，法律可被用作采取积极措施改善公共卫生的工具。不幸的是，许多地方公共卫生官员无法获得他们处理所面临的各种法律问题所需的法律援助。这种不足使他们更难履行日常职责，也使他们更难以积极地将法律用作改善其社区公共卫生的手段。此外，许多为公共卫生部门提供法律支持的律师没有时间或资源去全面、及时地了解公共卫生法。本文考察了一些地方卫生办公室获取法律咨询的经历以及为地方卫生部门提供法律咨询和援助的律师的经历，并评估了为地方公共卫生官员组织和资助法律服务提供的不同模式。
