Public Health Law Blog

Dietary supplements and foods containing cannabidiol (CBD) are being sold over-the-counter throughout the United States. The over-the-counter sale of dietary supplements and foods containing CBD has created a lot of confusion regarding the legality of this practice because of CBD’s association with marijuana and recent changes in the 2018 Farm Bill.

Building healthy communities requires access to relevant data from multiple sectors, including public health, health care, schools, human services, housing and law enforcement. Because they can be complex to navigate, federal and state laws governing data collection, use, and sharing can act as barriers to data use. With specialized knowledge in the use of data, privacy officers can help reduce this complexity, making data more accessible to the agencies they serve.

This week, New York City declared a public health emergency in response to a measles outbreak which has infected hundreds of residents, mostly children. The emergency declaration includes an order for mandatory MMR vaccinations affecting residents in select areas of Williamsburg and Brooklyn where most of the existing infections have arisen. Some see the order as an unusual exercise of public health authority. Our FAQ breaks down the key components of the mandate and the legal requirements.

There are distinct differences in how U.S. laws do (or don’t) protect individuals from drinking water contamination. While a landmark federal law, the Safe Drinking Water Act, generally protects individuals who use a public water supply from exposure to unsafe levels of regulated contaminants, there is no similar protection for the approximately 45 million U.S. residents who rely on private wells for water. This gap in regulatory oversight increasingly burdens rural households, where the risk of exposure to nitrate contaminates is highest.

President Trump’s declaration of a national emergency to authorize and fund the construction of a border wall along the U.S. southern border prompted an unprecedented response from Congress, which then passed a resolution to terminate the declaration. Ongoing politicization and forthcoming statutory amendments or court decisions may fundamentally change the scope of national emergencies in the future.

The increase in drug-related harm that began over two decades ago continues to impact individuals and communities across the country. Partly due to this unprecedented and continuing rise in overdose-related harm, states and communities have taken a number of legal and policy steps to improve access to prevention and treatment. This post provides a few highlights, in no particular order.

In February, the Network’s Eastern Region Office hosted a day-long event with leaders, policymakers and practitioners to examine key challenges facing the public health community. Issues discussed included immigrant health; the impact of preemption on public health; same sex domestic violence protections; marijuana advertising regulations; and Congressional public health priorities.

Public health law and policy stories that made headlines recently include proposed legislation in Hawaii to ban cigarettes; the Trump administration’s campaign to end HIV; rising maternal mortality rates; legislation in Utah that reduces a Medicaid expansion previously approved by voters; research on the effectiveness of soda taxes; and how some parents are circumventing vaccine laws.

In this Q & A, Heather McCabe, JD, MSW, Associate Professor, Indiana University School of Social Work and Colleen Healy Boufides, J.D., Senior Attorney, Network for Public Health Law Mid-States Region Office comment on some of the key issues addressed in their legal brief, “Legal Considerations for Community Health Workers and their Employers.”

With the cost of care in the United States skyrocketing and millions of individuals struggling to access care at all, policymakers must consider new ways to get patients in front of providers at a lower cost. One way in which states have taken action is through scope of practice expansions for health professionals.