Heppner Gazette-Times, Heppner, Oregon Wednesday, November 3, 2021 -- SEVEN
Fall back on Sunday
~ Letters to the Editor ~
Daylight Savings Time
will end at 2 a.m. Sunday,
November 7. Everyone
is reminded to turn your
clocks back one hour before
you go to sleep Saturday
night.
Public health law and health
To the editor;
My father, a family
doctor, treated patients in
his office, in the hospital,
in their homes and in our
home. This allowed me
to observe the delivery of
health care throughout the
community. I grew to un-
derstand that his medical
practice provided health to
the community, as well as
to individuals and families.
My younger brother
also chose a career in pro-
viding health care. Howev-
er, I chose a career in law,
where I have been roaming
for the past 60 years.
Having watched a
“country doctor” providing
health care in the communi-
ty led me, after law school,
first into a newly develop-
ing area of law called “law
and medicine” and later
called “biomedicine and
law.” Here necessary legal
rules and regulations were
being developed to cover
the increasingly complex
relationship between in-
dividual doctors and their
individual patients, i.e.,
principles of autonomy, be-
neficence, non-maleficence
and justice.
Although the legal as-
pects of treating individual
patients has continued to
evolve, more recently the
legal and ethical aspects
of community health have
become part of the expand-
ing field of “Public Health
Law.”
With significant im-
provements in epidemiol-
ogy (the study of diseases),
threats to the community’s
health became clearer, ex-
panding the mission and
objectives of Public Health
Law. A leading public
health law scholar recently
defined Public Health Law
as “the study of (1) the
state’s legal powers and
duties to assure conditions
for people to be healthy
by identifying, preventing
and reducing risks to the
population’s health; and (2)
the limitations on the state’s
power to constrain individ-
uals’ autonomy, privacy
and liberty for the common
good. The prime objective
of public health law is to
pursue the highest possible
level of the population’s
physical and mental health
consistent with the values
of social justice.”
This definition reflects
the balance in public health
law between (1) the powers
of government to act “to
ensure the conditions to be
healthy” and (2) the con-
straints on these powers in
order to promote or protect
individual rights. Neither
public health powers nor
individual freedoms are
absolute.
Public health law is
not solely about the gov-
ernment’s inherent powers
nor about the individual’s
fundamental rights. It is
about how these elements
generate meaningful and
defensible legal interven-
tions to advance the popu-
lation’s health.
The increasingly im-
portant area of Public
Health Law involves the
coordination of health care
providers, government of-
ficials and the community.
So, it may be worthwhile to
briefly highlight the major
points of Public Health
Law.
The U.S. Constitution
sets the legal foundation
for public and private health
interventions. The Consti-
tution: (1) allocates power
between the federal govern-
ment and the states (Feder-
alism); (2) divides power
among the three branches
of government (Separation
of Powers); (3) prioritizes
higher governments’ laws
over lower levels of govern-
ment (Preemption); and (4)
limits government power in
order to protect individual
freedoms. The Constitution
establishes the power to
protect the public’s health,
but simultaneously curbs
such powers in order to
protect individual interests.
Federalism. Federalism
distributes powers among
the levels of government.
Federal powers are separate
and distinct from state and
local powers. The powers
of the national government
are enumerated and limited.
The states’ residual pow-
ers authorize regulations
affecting the health, safety
and general welfare of both
the public and individual
citizens.
Separation of Powers.
The federal Constitution,
and many state constitu-
tions, separate govern-
mental powers into three
branches: (a) the legislative
branch creates laws; (b) the
executive branch enforces
laws; and (c) the judicial
branch interprets laws.
Each branch of government
has unique constitutional
authority to create, enforce
and interpret public health
law and policy.
The executive branch
(primarily through pub-
lic health departments or
agencies) enforces health
policy pursuant to its dele-
gated legislative authority,
primarily through health
departments or agencies.
By enacting legislation
federal and state legisla-
tures create health policy
and allocate necessary re-
sources to carry it out. This
includes enacting ordinanc-
es at the local level.
The judiciary interprets
the law to resolve disputes
that arise when individuals
or groups disagree. Courts
may be asked to decide: (1)
if an individual or organiza-
tion has power to challenge
executive or legislative
actions; (2) if public health
laws or regulations are
constitutionally sound; (3)
A Reminder to Insulate Water Meters
The City of Heppner would like to remind everyone to insulate their
water meters this winter.
It is important to protect the meter from freezing before the tempera-
tures drop. Now is the perfect time. Pettyjohn’s, the local hardware
store stocks a piece of insulation that is a perfect fit. The cost is $3.00,
other building supply stores carry insulation as well. Anyone that has a
difficult time accessing their meter to insulate it is encouraged to
contact The City for assistance. The City charges $75.00 plus materials
for the repair of any uninsulated meter that becomes frozen.
If there are any questions or concerns please contact The City at
541-676-9618 or stop by City Hall.
if executive agency actions
are legislatively authorized;
(4) and if public health
officials have sufficient
evidence to support their
orders.
Preemption. Federal
laws are supreme and can
override conflicting state
laws or local ordinances.
State laws cannot preempt
federal laws. But they can
negate local ordinances
that conflict with state law,
such as a local ordinance
prohibiting a state required
public health practice.
But within the frame-
work of these legal princi-
ples of public health law,
we are left with important
and difficult public policy
questions. Public health
law scholars remind us
that as we think about the
individual risks involved
in any public health issue,
we also need to think about
the risks and benefits to
the community. We cannot
avoid two core ethical ques-
tions: (1) When should a
community either authorize
or restrict public or private
action to benefit the popula-
tion’s health? and (2) What
type of public health action
should be undertaken?
{The points made
here are taken from Public
Health Law in a Nutshell
(3rd Edition), a treatise for
teaching and learning Pub-
lic Health Law.}
Lance Tibbles
Professor of Law
Emeritus
Capital University Law
School
Columbus, Ohio
Pies
available
for sale
It’s that time of the year
again and FBLA will be
making their annual home-
made pies. The pies include
lemon ice box, pumpkin,
pecan, apple, cherry, berry,
peach and Oreo. All the
pies will be frozen and
not cooked except for the
pumpkin and pecan.
All pies will be sold
for $20 each except for the
Oreo, which will be $15.
The last day to order pies
will be November 10. The
FBLA members will be-
gin making pies the week
of November 15 and the
pumpkin and pecan pies
will be made November 22
and 23.
To support the FBLA
and order pies, please call
the Heppner High School
at 541-676-9138 ext. 2530
and ask for Mrs. Collins.
Slottee scholarship
available
The Beth Slottee Me-
morial Scholarship is avail-
able to former Heppner
High School graduates en-
tering their junior year, se-
nior year or graduate school
at an accredited college
and is based on academic
achievement and chosen
field of study. Students must
have a 2.5 GPA or higher
to apply.
The student must be
majoring or minoring in
music, but if no applicants
are available, it may be
awarded to a student ma-
joring or minoring in edu-
cation. The funds may be
used for tuition, program
fees, books, supplies, rent
or other expenses.
To apply, email Brandi
Sweeney at brandi.swee-
ney@morrowsd.org for a
Google form link to com-
plete and attach an unoffi-
cial transcript and current
class schedule or verifica-
tion of enrollment. All ap-
plications must be received
by 4 p.m. on November 15,
2021. If selected, funds will
be dispersed directly to the
award recipients no later
than December 31, 2021.
Holiday Bazaar
planned
Friends of the Irrigon
Library will hold their 3 rd
annual holiday bazaar on
Friday, November 5 from
noon to 4 p.m. and Satur-
day, November 6 from 9
a.m. to 4 p.m. at 4900 NE
Main Ave, Irrigon.
Vendors participating
at the bazaar include Dog-
gie Delites, Pretty Pumpkin
Crafts, Dare to Dazzle with
Angela, Designs by Daidra,
Daisly Lily Designs, The
Four Season Acres, Uni-
corner Designs and more.
A raffle will be held
for a 43-inch Samsung TV,
a small patio set, a Hoover
carpet cleaner and trekking
poles.
Scholarship offered
The board of the South
Morrow County Scholar-
ship Committee is offer-
ing new scholarships for
students enrolled in trade
school and post-second-
ary college or graduate
school. The applications
are available by emailing
Brandi Sweeney at brandi.
sweeney@morrowsd.org, a
link to the Google form ap-
plication will then be sent.
The post-secondary or
graduate program scholar-
ship is available to former
graduates of Ione Commu-
nity School and Heppner
High School. Students must
be entering their sopho-
more, junior or senior year
of community college, uni-
versity or graduate pro-
gram. Students must have
a 2.5 GPA or higher to
apply. A completed Google
form application must be
submitted with an attached
unofficial transcript and
current class schedule or
verification of enrollment.
Applications must be
received by 4 p.m. on No-
vember 15, 2021. Multiple
scholarships may be award-
ed. The scholarship funds
are to help students pay
for tuition, program fees,
books, supplies, rent and
other expenses. If selected,
funds will be dispersed
directly to the award recipi-
ents no later than December
31, 2021.
The trade school schol-
arship is available to former
graduates of Ione Commu-
nity School and Heppner
High School. Students must
be currently enrolled in
any trade school program
at least one year after their
high school graduation. A
completed Google form
application must be sub-
mitted with an attached
verification of enrollment.
Multiple scholarships may
be awarded.
Applications must be
received by 4 p.m. on No-
vember 15, 2021. The funds
are to help students pay
for program fees, books,
supplies, rent and other
expenses. If selected, funds
will be dispersed directly to
the award recipients no later
than December 31, 2021.
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