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Public health laws


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Published in: Healthcare

Public health laws

  2. 2. INTRODUCTION  For improvement and protection of public health, an adequate health system is required, but with any system, public health laws are absolutely essential for proper and effective regulation of health system.  The scope of public health is not limited to one area, but it is very extensive. Hence, public health laws are also wide based. In every aspects of community health, public health laws are important.  Therefore , to solve public health problems, effective laws are utmost essential.
  3. 3. DEFINITION:-  According to Gostin, “ Public health laws are such legal forces and duties of organized society, by which conditions for maintaining citizen’s health are ensured.’’  Public health law refers to a statute, or rule or local ordinance that has the purpose of promoting or protecting the public health.
  4. 4. OBJECTIVES OF PUBLIC HEALTH ACT:- To protect and promote public health Control the risk to public health Promote the control of infectious diseases Prevent the spread of infectious diseases Recognizes the role of local governments in protecting public health
  5. 5. CHARACTERISTICS OF PUBLIC HEALTH LAWS:- GOVERNMENT- Public health activities are the primary responsibility of government. POPULATION- Public health focus on the health of populations. RELATIONSHIP- Public health contemplates the relationship between the state and the population. SERVICES- Public health deals with the provision of public health services. COERCION- Public health possesses the power to coerce the individual for the protection of the community.
  6. 6. EFFECTIVNESS OF PUBLIC HEALTH LAWS:-  By simply making public health laws health problems cannot be solved. To make the health laws effective, the support of following factors are important: Useful health system for proper solving. Proper economic policies. Community participation. Constitutional support. Periodic review of the health laws. Strong political will to implement health laws. Proper resources.
  7. 7. CONTENTS OF PUBLIC HEALTH LEGISLATION:- 1) General information about laws  General health code, rules, laws, constitution, fundamental rights, duties etc.  Social & economic aspects of health laws  Health care systems and the systems of implementing laws 2) Rules related to disease control and medical care  Infectious disease  Non-infectious disease
  8. 8. Cont….. 3) Mental health. 4) Care of aged and handicapped persons. 5) Laws related to smoking, tobacco, alcoholism and drug addiction. 6) Legal implication in family health. ( eg. Child health and protection. 7) Death and issues related to it. 8) Nutrition and food safety. 9) Consumer protection. 10) Drug preparation and different aspects related to it.
  9. 9. Cont…. 11) Occupational health and safety. 12) Environmental protection. 13) Training of health personnel. 14) Code of ethics and professional responsibilities.
  10. 10. IMPORTANCE OF PUBLIC HEALTH LAWS AT WORLD LEVEL:- The chief objective of international health laws is to improve health status at international level. To eradicate health risks for global environment or minimize them. Legal intervention by making health policies and laws to prevent non-communicable disease, diabetes. Introduction and management of new techniques in area of health like biotechnologies , information etc. To prevent health risks which may happen due to international travel.
  11. 11. Cont…  To assist international agencies and institutions in health management and regulations.  To increase awareness and interest regarding health in the entire world.
  12. 12. OBSTACLES OF PUBLIC HEALTH LAWS:-  Health laws have to face many hindrances at local, regional, national and international levels.  Hindrances produced due to social, political, administrative and economic fields are included in this.  In addition to these obstacles, trade and commerce, communication, technical and such globalization related problems also create obstacle in implementing health laws properly.
  13. 13. PUBLIC HEALTH LAWS IN INDIA  In India, health comes in the concurrent list. Hence making and implementation of health laws are the responsibility of state as well as central Govt.  In the enactment and implementation of health laws the following department of the state and central governments play important roles:  Ministry of health and family welfare  Labor ministry  Department of women and child welfare  Public works department
  14. 14. Cont…. Department of local bodies Central pollution control board State pollution control board Ministry of food Department of transportation and communications Ministry of forestry and environment
  15. 15. NATIONAL IMPORTANCE OF PUBLIC HEALTH LAWS:-  The chief objectives public health laws at national level is proper regulation and management of health services. Strengthen the nation’s health infrastructure Following the international health laws Identification of government’s limitations in the area of health
  16. 16. Cont… Making necessary financial provision for health . Proper utilization of national resources . Maintaining economic discipline in the area of health Protection environmental health Protection of food and maintaining nutritional level Protecting citizens from drug addiction, alcoholism etc. Protection to consumers health services Protection from environmental pollution and other health risks.
  17. 17. Cont….  Following codes of ethics in health and medical services, education, Training and Research.
  18. 18. LAWS AND NURSING/MEDICAL PROFSSION:-  Doctors, nurses and other paramedical staff working in the field of public health are responsible and accountable to both, their profession and national law.  The Judicial System in India   Supreme Court  High Courts  Subordinate Courts/ Session Courts/Tribunals
  19. 19. Cont… District and Session Courts Civil Court(District Judge) Criminal Court(Session) Civil Judge Assistant Session Judge  Munsif Chief Judicial Magistrate   Magistrate
  20. 20. TYPES OF LAWS:-  CIVIL LAW: Civil law deals matters concerning property, contracts, torts, trust, family, succession etc.  CRIMINAL LAW: Criminal law deals all matters related to any type of crime against individual, society or nation.  LAW OF TORTS: The law of torts deals with those civil wrongs, which are independent of contract, being wrong for which remedy is unliquidated damages.  LAW OF CONTRACTS: The act defines contract as an agreement enforceable by law.  When patient approaches hospital or any health agency, the relationship between them is one of contractual in nature.
  21. 21. LIABILITY FOR CIVIL NEGLIGENCE:- This is mainly concerned with the 4 D’s DUTY: Existence of a duty of care by the nurse or doctor. DERELICTION: The failure on the part of the nurse/ doctor to maintain proper care and skill. DIRECT CAUSATION: The failure to exercise a duty of care must lead to damage. DAMAGE: The damage which resulted must be reasonably foreseeable.
  22. 22. FUNCTIONS OF THE LAW IN NURSING:-  In nursing, law serves following functions: It provides guidance for nursing actions in the medico- legal cases. It helps to set the limitations of independent nursing actions. It helps in maintaining standards of nursing practices. It differentiates the nurse’s responsibilities from other health professional.
  23. 23. SOME LAWS AND LEGISLATIONS RELATED TO PUBLIC HEALTH:-  Several central ordinances, regulations, laws, rules and acts, directly or indirectly related to health, are found in our country. PREVENTION OF FOOD ADULTERATION Act 1954 This act ensure pure and healthy food substances to consumers. This act came into force from 1st June 1955. The ministry of health and family welfare is responsible to prevent adulteration in food items and to maintain quality of food.
  24. 24.  THE DRUGS AND COSMETICS ACT 1945  This act is effective for standardisation of medicines and cosmetics, control of quality, give recognition to new medicines and such activities like : Implementation of medicine laws and policies. Keeping control over the quality of medicines. Recognition to new drugs made in the country. Providing licence for the preparation and sale of serum and vaccines.
  25. 25. PRE-NATAL DIAGNOSTIC TECHNIQUE Act 1994 The main objective of this act is to prevent the inhumane trend of female foeticide. The act is effective from 1st January 1996. According to this act, except for hereditary diseases, getting information about the sex of foetus or giving information about it are punishable.
  26. 26.  MEDICAL TERMINATION OF PREGNENCY Act 1971  This act is made to encourage safe abortions. This act came into effect since 1st April 1972. This act is helpful in reducing maternal mortality and morbidity.  It is estimated that about 10 lakhs illegal abortions are conducted every year.  OCCUPATIONAL SAFETY AND HEALTH LAWS  There are many laws to protect the health of workers engaged in industries.  They can be classified into : 1. Occupational Safety laws 2. Social Security laws
  27. 27.  Occupational safety law: Through this law , safety is ensured to workers engaged in mining. It plays an important role in industrial safety and health.  Social Security Law: Following act/law come under this : Workers Compensation Act 1923 Employees State Insurance Act 1948 Maternity Benefits Act 1961
  28. 28.  WOMEN AND CHILD HEALTH WELFARE LAWS  There are many laws in the country which are directly related to child and women health. Some of them are given below:  Acts Related to Children Child Marriage Prohibition Act 1976. Children (labour prohibition) Act 1943 Juvenile Delinquency Justice Act 1986
  29. 29.  Laws Related to Women  Hindu Marriage Act 1955  Equal wages Act 1976  Dowry Prohibition Act 1961  National Women’s Commission Act 1992 CONSUMER PROTECTION ACT 1986 This act is considered most important and effective law protecting the interest of consumers. According to this law any person obtaining a service after paying money is a consumer. Medical service also come within the consumer act . This law extends to all private hospitals, doctors, nurses, clinics etc, where full or partial payment is obtained for services. Hence all medical staff and paramedical staff should have knowledge about this law.
  30. 30.  MENTAL HEALTH Act 1987  This law helps in the protection of mentally sick or weak persons. This protects the rights of sympathetic treatment and right to live with dignity of the mental patients.  PERSONS WITH DISABILITIES Act 1995  The law deals with both prevention and promotional aspects of the rehabilitation such as education, employment and vocational training, creation of barrier free environment to the persons with disabilities.
  31. 31.  ENVIRONMENT CONSERVATION LAWS  Environment protection includes many areas like soil, forest, water, air, plant kingdom, animal kingdom pollution prevention etc.  The central government has enacted ENVIRONMENT Protection Act 1985, for protecting the environment. Central Pollution Control Board (CPCB) is an important agency for pollution control. Similarly, state has this board to protect the environment in states.
  32. 32. Functions and Responsibilities of Nurses with Regard to Public Health Laws:-  Keeping latest information regarding public health laws.  Playing active role in implementing public health laws.  Creating awareness in patients, families and society regarding public health laws.  Participation in reviews, workshops and seminars regarding public health laws.  Educating the public regarding the need and importance of public health laws.  If public health laws are broken, giving information to concern agencies which can take appropriate action.  Active participation in the evaluation of public health laws.
  33. 33. SUMMARY  Introduction  Definition  Objectives of Public Health Laws  Characteristics of Public Health Laws  Effectiveness of Public Health Laws  Contents of Public Health Laws  Obstacles of Public Health Laws  Importance of Public Health Laws at world level  Public Health Laws in India  National importance of Public Health Laws  Law and Nursing/Medical Profession  The Judicial system in India  Types of Laws  Function of Laws in Nursing  Laws related to Public Health  Functions & responsibilities of Nurses with regard to Public Health Law
  34. 34. BIBLIOGRAPHY 1) Swarnkar Keshav; Community Health Nursing; 2nd Edition. 2006; Published by N.R. Brothers. Indore; Page no. 695-704 2) Dr. Upadyay Ram Jai Jai; The Constitution of India; Published by Central Law Agency Allahabad; Page no. 13, 14, 21-23 3) Park. K; Essential of Community Health Nursing; 4th Edition 2014; Published by Premnagar, Jabalpur; Page no. 254-261 4) Dr. Rao Sundar Kasthuri; An Introduction to Community Health Nursing; 4th Edition (reprint) 2005; Published by B.I Publication pvt Ltd. Chennai; Page no. 354-359 5)