McGeorge School of Law

Model Syllabus Three

Participants contributing to this outline:
Peter Baldridge, James Hodge, Babette Neuberger, Jack Willoughby

I. Surveillance-"the ongoing collection, analysis, and interpretation of health data, and the dissemination of findings to those who need to know"
    a. Physicians, surgeons, and veterinary practitioners are the ones who will be treating any diseases
    b. Reporting by these practitioners
      i. How is this done within the State?
      ii. Is there any civil or criminal liability for failure to make reports?
        1. Licensing action against the physician
      iii. Physicians' duty to inform/warn government/third parties of persons infected with disease?
    c. Confirmation by laboratories
    d. Monitoring
II. What is the police power of the State?
    a. What is the legislature saying about the authority of health departments to investigate diseases?
III. What are the powers of the federal government?
IV. Do the States have a responsibility to report to the federal government?
    a. Federalism issues
    b. Reporting to the FBI under the Con-Plan?
V. Criminal v. civil investigations
VI. Reconciling laws that prohibit obstruction of FBI investigation and public health laws
    a. Public health officials' goal is to stop outbreaks while FBI's goal is to catch the offenders
VII. Source/agent?susceptible people
    a. Surveillance--detection
      i. What are the police powers?
      ii. Civil/criminal penalties?
      iii. How is information treated?
      iv. Privacy/confidentiality disclosure issues?
    b. Confirm diagnosis
      i. Compulsory testing issues
        1. Privacy rights v. State interests
    c. Identify additional cases
      i. Government collecting data/information from citizens to determine if they are ill or infected
    d. Implement interventions
      i. Interventions to prevent disease transmission
        1 . Quarantine

a. When is quarantine an appropriate measure?

        2. Vaccination
        3. Isolation
        4. Education
        5. Seizing property and destruction
        6. Testing and screening
        7. Treatment
        8. Antibiotics, etc.
      ii. Consent v. compulsory actions
      iii. Confidentiality of information
    e. Do further studies as necessary
    f Additional interventions