Gavin Howe
In 1978, the Michigan legislature granted public health departments broad authority in the State Public Health Code, also known as Act 368 of 1978. This code serves as the foundation for public health organisation, programming, and enforcement in Michigan. It empowers local public health systems to perform in all areas of the 10 essential services framework, which was adopted by the U.S. Centers for Disease Control in 1994. This framework outlines the public health activities and responsibilities of local health departments in various areas, including disease prevention, health education, and the development of health care facilities. The public health agency's authority is based on the police power, which grants states the power to protect the public's health.
| Characteristics | Values |
|---|---|
| Public Health Code | The Michigan legislature granted broad authority to public health departments in 1978 in the State Public Health Code |
| Public Health Services | In 1994, the U.S. Centers for Disease Control adopted a list of 10 essential public health services to provide a national framework for national public health performance standards |
| Public Health Law Training | Michigan Public Health Law Training 301 and 401 |
| Local Health Department | A local health department shall continually and diligently endeavor to prevent disease, prolong life, and promote public health through organized programs |
| Local Medical Director MOUs | Templates that can be used to provide for medical director coverage between local health jurisdictions |
| COVID-19 | Disclosure of an individual's protected health information (PHI) is permitted to law enforcement, paramedics, and other first responders without the individual's HIPAA authorization |
| Child Protection Law | Lisa's Law, enacted in 2001, criminalizes threatening or harming department employees and ensures worker safety |
| Women, Infants, and Children Program | Provides supplemental nutrition, breastfeeding information, and other resources for healthy mothers and babies |
| Other | Various other laws and programs related to public health, including disease prevention, environmental health, and social services |
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What You'll Learn
- The Michigan Public Health Code grants public health officials broad powers
- Local health departments' duties include preventing disease and prolonging life
- Disclosure of COVID-19 patients' health information to first responders
- MDHHS's Division of Environmental Health prevents harm from environmental hazards
- Child Protection Law outlines the legal process of handling a complaint
The Michigan Public Health Code grants public health officials broad powers
The Michigan Public Health Code, also known as Act 368 of 1978, grants public health officials broad powers to protect the public's health. The code provides the basis for public health organisation, programming, and enforcement in Michigan.
Under the Code, local health officers are empowered to determine and take action to protect the public's health. This includes the power to determine whether there is an imminent danger to the health or lives of individuals in the area served by the local health department, whether control of an epidemic is necessary, whether a building or condition is a nuisance or a cause of illness, and whether an individual is a carrier of a communicable disease and poses a health threat to others.
The Code also grants local health departments (LHDs) broad authority to take necessary action to prevent disease, prolong life, and promote public health through organised programs. This includes the prevention and control of diseases, the development of health care facilities, and the regulation of health care facilities and health services delivery systems. Local health officers are also granted the powers necessary to perform their duties, such as planning, implementing, and evaluating health and nutrition services.
The public health agency's authority is based on the police power, which provides states with the authority to protect the public's health. Courts have generally upheld the reasonable exercise of police power to protect public health, such as in the 1923 case of People ex rel. Hill v. Board of Ed. of City of Lansing, where the Michigan Supreme Court upheld a resolution requiring unvaccinated individuals to be excluded from public schools as a reasonable exercise of police power.
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Local health departments' duties include preventing disease and prolonging life
In Michigan, the State Public Health Code grants public health departments broad authority to prevent disease, prolong life, and promote public health. The Michigan Public Health Code, also known as Act 368 of 1978, serves as the foundation for public health organisation, programming, and enforcement in the state. Local health departments in Michigan are tasked with a range of duties and powers to safeguard and enhance the health of their communities.
One of their primary responsibilities is the prevention of diseases and the protection of public health. This includes addressing environmental health hazards, controlling communicable diseases, and focusing on the health needs of vulnerable population groups. Local health departments play a crucial role in developing and regulating healthcare facilities and health services delivery systems. They also utilise vital health statistics and epidemiological research to inform their decision-making and policies.
To achieve their goals, local health departments in Michigan are empowered to plan, implement, and evaluate health education and nutrition services. They can provide technical assistance and financial support to ensure the successful execution of these programs. Additionally, local health directors have the authority to enforce public health laws within their jurisdictions. They can initiate civil or criminal proceedings against violators, address public health nuisances, and impose administrative penalties for violations of public health regulations.
The scope of duties for local health departments extends beyond disease prevention and includes promoting overall community health. They often engage in community outreach, providing health education and resources to the public. Local health departments also collaborate with schools to offer school nursing services and address health concerns such as childhood lead poisoning prevention and chronic disease control. Furthermore, local health directors have the power to employ and dismiss health department staff, although this may require approval from county managers in some cases.
While local health departments in Michigan possess broad authority, they operate within a defined legal framework. The U.S. Centers for Disease Control's 10 essential public health services, adopted in 1994, provide a national framework for public health performance standards. Local health departments in Michigan tailor their activities to align with these essential services, ensuring that their efforts are effective and responsive to the needs of their communities.
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![Laws of the State of Michigan Relating to the Public Health : in Force in the Year 1890 / Compiled under the Direction of the Secretary of the State Board of Health. 1889 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Disclosure of COVID-19 patients' health information to first responders
In Michigan, the Public Health Code grants public health officials the authority to protect the public against communicable diseases and environmental health hazards. The Michigan legislature granted broad authority to public health departments in 1978 in the State Public Health Code. This code, also referred to as Act 368 of 1978, provides the basis for public health organization, programming, and enforcement in Michigan.
Local health departments are tasked with preventing disease, prolonging life, and promoting public health through organized programs. This includes the prevention and control of diseases, as well as the development and regulation of health care facilities and health services delivery systems.
During the COVID-19 pandemic, there were concerns from first responders about lacking sufficient information about those who have tested positive for the virus, which could put them at risk when responding to calls for assistance. The HIPAA Privacy Rule permits the disclosure of protected health information (PHI) of individuals infected with or exposed to COVID-19 to first responders without the individual's authorization. This is allowed when disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, and the disclosure must be made to those reasonably able to prevent or lessen the threat.
The Michigan Department of Health and Human Services (MDHHS) has provided resources and guidance to support first responders during the COVID-19 pandemic, including technical resources, assistance, and an infectious disease playbook.
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MDHHS's Division of Environmental Health prevents harm from environmental hazards
In 1978, the Michigan legislature granted broad authority to public health departments in the State Public Health Code. This code, also referred to as Act 368 of 1978, provides the basis for public health organisation, programming, and enforcement in Michigan. It outlines the powers and duties of local health departments, which include preventing disease, prolonging life, and promoting public health.
The Michigan Department of Health and Human Services' (MDHHS) Division of Environmental Health (DEH) works to prevent harm from environmental hazards. DEH uses the best available science to reduce, eliminate, or prevent harm from environmental, chemical, and physical hazards. As populations or individuals are identified as being at risk from a hazard, the MDHHS works to reduce, eliminate, or prevent harm by providing information about the exposure to those affected or connecting with local, state, and federal partners who can address the hazards. The Environmental Health Bureau (EHB), formerly known as DEH, has multiple biomonitoring research projects and health studies underway.
The EHB uses the best available science to reduce, eliminate, or prevent public health harm from environmental, chemical, and physical hazards. It supports a continuum of prevention services, including primary, secondary, and tertiary prevention activities. The EHB also provides a hotline for individuals to call if they have concerns related to environmental health hazards.
The Emerging Environmental Hazards and Health Effects Branch within the Division of Environmental Health Science and Practice helps health departments respond to environmental public health events, natural disasters, and radiation exposures. It also provides oversight to the U.S.
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Child Protection Law outlines the legal process of handling a complaint
In Michigan, the Child Protection Law outlines the legal process for handling complaints involving child abuse and neglect. The Children's Protective Services (CPS) is the agency responsible for investigating and addressing these complaints.
Any individual can initiate a CPS complaint if they suspect child abuse or neglect or believe that a child is being placed at unreasonable risk to their health or welfare. This includes situations where the parent, legal guardian, or responsible person fails to intervene and eliminate a known or suspected risk to the child's well-being. CPS cases cover a range of issues, including confirmed methamphetamine production, serious abuse or neglect, sexual abuse, and sexual exploitation.
Once a complaint is filed, CPS conducts an investigation to determine the validity of the allegations. This process involves gathering information, interviewing relevant individuals, and assessing the child's home environment. CPS works in collaboration with other agencies and professionals, such as law enforcement and mental health services, to ensure a comprehensive investigation and provide any necessary support to the child and family.
If CPS confirms the allegations of abuse or neglect, they will take the appropriate actions to protect the child. This can include removing the child from the unsafe environment, providing access to medical and mental health services, and offering resources for the family to address the issues that led to the complaint. CPS also maintains Michigan’s Central Registry, which records the names of individuals identified as perpetrators in central registry cases.
In addition to responding to individual complaints, CPS also works proactively to prevent child abuse and neglect. This includes providing resources and education to parents and caregivers, as well as collaborating with the Governor's Task Force, which aims to improve the handling of child abuse and neglect cases across Michigan. The Task Force makes recommendations for state and school policies to reduce the incidence of child sexual abuse and improve the overall well-being of children in the state.
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Frequently asked questions
No, the health department cannot make laws. However, the Michigan legislature granted broad authority to public health departments in 1978 in the State Public Health Code, which provides the basis for public health organization, programming, and enforcement in Michigan.
The State Public Health Code, also referred to as Act 368 of 1978, provides the basis for public health organization, programming, and enforcement in Michigan. It grants public health officials considerable discretion to protect the public against communicable diseases and environmental health threats.
Local health departments in Michigan are responsible for preventing disease, prolonging life, and promoting public health through organized programs, including the prevention and control of environmental health hazards, diseases, and health problems of particularly vulnerable population groups. They also develop and regulate health care facilities and health services delivery systems.
Yes, the HIPAA Privacy Rule permits local health departments to disclose PHI to law enforcement, paramedics, first responders, and public health authorities without an individual's HIPAA authorization in the context of COVID-19. This is to prevent or lessen the threat to the health or safety of the public.
