Topic > The importance of public health regulation - 1319

Question no. 4Regulation is an important tool used by our government agencies that has a strong impact on public health. It can be used to impose new policies and initiatives to control risks or dangers to the public and can encourage better behavior within the population. There are legal foundations that support and enable the use of regulations in our government, and there are recognized times when regulation may be justified. The regulation has multiple legal bases that support its existence and use. The court case Jacobson v. Massachusetts is undoubtedly a cornerstone for the regulatory and policy foundation of public health. The court ruled that the government could legitimately violate an individual's rights for the benefit of the larger population. In this case it involved mandatory vaccinations (Gostin, 2008; Turnock, 2012). This sets a precedent by deciding that the government can intervene to impose requirements for the good of the entire population despite the rights and oppositions of individuals. Another legal basis supporting the use of regulations is found in the Constitution. Taxing powers and the Commerce Clause allow the federal government to intervene and address issues within its jurisdiction, sometimes requiring regulation (Gostin, 2008). Gostin notes that fiscal power “is also the power to regulate risky behavior and influence health promotion activities” (Gostin 2008, p. 101). Another important clause of the Constitution is the Necessary and Proper Clause that gives Congress the ability to use “reasonable means” to exercise its powers (Gostin, 2008). This includes regulatory practices involving public health. The supremacy clause indicates that the federal government's decisions could have consequences for the population. Food safety regulations prevent disease among the masses, and testing new chemicals and additives is important (though complex and expensive for manufacturers). Vaccinations have helped eradicate many diseases and increase the longevity of life over the last century (Gostin et al., 2003). Requiring these types of behaviors helps the public as a whole in a utilitarian sense. Regulations have likely placed a financial burden on businesses (Crain & Crain, 2010), but that is why cost-benefit analyzes are important. The benefits are not necessarily free and costs must be incurred to achieve regulatory objectives. Without regulations, financial burdens could be alleviated, but the health of the masses and environmental degradation would be in an even more dire state. Regulation can be considered a necessary evil and a great benefit to public health.