News

NPHL Issues Four New Public Health Resources

Feb 22, 2024
The Network for Public Health Law (NPHL) has issued four new public health resources that can be read and accessed below.

Texting to Promote Public Health: What Health Departments Should Know About the Telephone Consumer Protection Act

Texting can be an effective tool for protecting the public’s health.  However, it raises important privacy issues that health departments must consider when developing texting initiatives.  This fact sheet examines one piece of that legal framework: the Telephone Consumer Protection Act and regulations implemented by the Federal Communications Commission that govern certain kinds of texting.

Changing State Policy to Promote Stronger Opioid Antagonists: Unnecessary and Potentially Harmful

The increasing need for access to naloxone to reverse opioid-related overdoses has drawn the interest of pharmaceutical companies who see an opportunity to market new, non-generic, and more potent opioid antagonist products.  State lawmakers have made changes in policy based on these marketing efforts.  However, early research suggests that these high dose drugs are unnecessary and pose significant risks and side-effects, raising concerns over the commercialization of harm reduction efforts in the U.S.

What does Judicial Deference Have to Do with Public Health Authority?

Judicial deference is a legal principle that has historically respected the knowledge and experience of governmental public health actors, including public health agencies.  However, recent attempts to dismantle judicial deference could have a negative impact on health departments.  This fact sheet introduces the concept of judicial deference and its role in health agency administrative decision-making.

When a judge hears a case involving an agency’s interpretation of a statute, they defer to a qualified party—typically a state or federal agency—for their technical subject matter expertise in interpreting that statute.  However, there has been a movement to pass legislation disallowing this practice.  While these efforts do not target public health by name, they do make it harder for all agencies to implement needed rules and policies in the future–including state and local health agencies.