Peter D. Jacobson, J.D., M.P.H., is a Consultant, Mid-States Region and Professor Emeritus of Health Law and Policy, and Director, at the Center for Law, Ethics, and Health, at the University of Michigan School of Public Health, where he taught courses on health law, public health law, and public health policy. Professor Jacobson served on the Board of Health for the Washtenaw County (Michigan) Health Department. Previous Board Memberships include the National Center for Healthcare Leadership and Heluna Health. He is the principal investigator for the Mid-States Region of the Network for Public Health Law, a Robert Wood Johnson Foundation program.

Professor Jacobson’s most recent research included a Robert Wood Johnson Foundation project examining the implementation of health in all policies programs, and a de Beaumont Foundation funded project examining the legal issues that contributed to the Flint Water Crisis. Jacobson’s previous public health systems research projects included health departments’ strategic adaptations, public health entrepreneurship, and the U.S. Surgeon General’s vital mission. His books include Law and the Health System (co-authored—Foundation Press, 2014), youth tobacco control, breast cancer, and the role of the courts in shaping health policy.

From 2010-2016, Professor Jacobson was the Associate Editor for Health Law and Public Health at the Journal of Health Politics, Policy and Law. From 2010-2012, he served as President of the Public Health Law Association, and was Chair of the Advisory Committee to AcademyHealth’s Public Health Systems Research Interest Group from 2009-2010. In 2016, Jacobson received a lifetime achievement award from the APHA’s Health Law Section, and in 2017, he received the Distinguished Health Law Professor Award from the Association of Law, Medicine, and Ethics.

Articles & Resources

COVID-19 FAQs for Michigan Local Health Departments

FAQMichiganMid-States RegionPublic Health Advocacy and Decision-MakingPublic Health Authority

September 29, 2022
by Carrie Waggoner, Colleen Healy Boufides, Denise Chrysler, Jennifer Piatt, Kathleen Hoke, Peter D. Jacobson and Sallie Milam

In addressing questions regarding executive decision-making, we use the following general approach. Michigan’s Public Health Code grants public health officials considerable discretion to protect the public against communicable disease and environmental health threats. To exercise their broad grant of authority, the executive must ask three key questions: Can I? Must I? Should I?

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Legal Handbook for Establishing A Public Health Registry

HandbookEmergency Legal Preparedness and ResponseEnvironment, Climate and HealthFlint Water Crisis ProjectPublic Health Authority

June 24, 2022
by Colleen Healy Boufides, Denise Chrysler and Peter D. Jacobson

This handbook explores the Flint Registry team’s specific experiences and challenges navigating federal and Michigan data laws. Nevertheless, many aspects of the Flint Registry experience can be generalized to guide other entities seeking to establish public health registries.

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Establishing an Environmental Exposure Registry: Operational and Legal Lessons from the Flint Registry

Webinars

June 15, 2022
by Colleen Healy Boufides, Denise Chrysler and Peter D. Jacobson

After thousands of Flint, Michigan, residents were exposed to lead during the 2014-15 Flint water crisis, the community came together to create the Flint Registry to monitor community health, connect people to services, and promote an understanding of how the water crisis affected the community. Establishing the Flint Registry required a team of community members and experts and involved myriad operational and legal issues. This webinar will examine the process involved in establishing and operating a community-based non-governmental environmental exposure registry. The presenters will share a legal handbook to guide other communities wishing to establish non-governmental public health registries.

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Federal Vaccine Mandates: Assessing their Legalities

WebinarsCOVID-19Emergency Legal Preparedness and Response

February 24, 2022
by Emely Sanchez, Erica White, Leila Barraza and Peter D. Jacobson

Following the development and authorization of safe and effective COVID-19 vaccines and boosters, the Biden administration enacted a series of vaccine mandates in 2021. The most significant of these mandates applied to (1) federal workers and contractors, (2) large employers, and (3) health care workers.

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Q&A: Executive Decision Making for COVID-19: Public Health Science through a Political Lens

Law & Policy InsightsPublic Health Advocacy and Decision-Making

October 21, 2020
by Denise Chrysler and Peter D. Jacobson

In this Q&A, Denise Chrysler, director and Peter Jacobson, co-director, of the Network’s Mid-States Region Office, discuss some of the key elements in the chapter they co-authored, Executive Decision Making for COVID-19: Public Health Science through a Political Lens, for the Report.

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Public Health Decision-making in the COVID-19 Era: Act, but be Cautious

Law & Policy InsightsCOVID-19Public Health Advocacy and Decision-Making

August 26, 2020
by Peter D. Jacobson

By temperament, I’m generally an aggressive interpreter of state public health codes. In normal times, I argue for an expansive interpretation of health officers’ authority to protect the public’s health. But these are not normal times. A non-trivial portion of the public believes the coronavirus is a hoax and mask-wearing mandates are tyrannical. One result of this resistance is that public health officials have been attacked and threatened for issuing or enforcing COVID-19 mask-wearing or stay-at-home orders. Health officers cannot ignore the potential threats to their personal safety. Depending on the local political environment, some caution is called for—caution, not acquiescence.

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Issuing a COVID-19 Press Release That Identifies a Specific Location

GuidanceHealth Data Sharing and Privacy

August 14, 2020
by Peter D. Jacobson

A county health department seeks guidance on whether the department can issue a press release indicating that individuals who attended a party on a specific date at a specific address may have been exposed to COVID-19. As explained in detail below, there are no legal barriers to issuing the proposed press release. Instead, this is a policy question within the health department’s discretion.

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Physician Liability for COVID-19 Testing

GuidanceHealth Data Sharing and Privacy

August 14, 2020
by Peter D. Jacobson

A public health physician is seeking clarification of his/her duties in light of Michigan Governor Whitmer’s Emergency Declaration (Executive Order 2020-104) to increase COVID-19 testing. Does testing for COVID-19 establish a physician-patient duty to patients for whom a physician orders or conducts a test? Is it legally permissible to order these tests when no assessment is made on the tested patients? As explained in detail below, the answer to the first question is that Michigan law imposes a limited duty, but with immunity from personal liability. The answer to the second question is yes.

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