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Disease prevention and health promotion initiatives: some legal considerations
Abstract:
Public health programs to prevent disease and promote health are constrained by legal doctrines that protect individuals from intrusive regulation of their health-influencing behaviors. This paper outlines the parameters of acceptable interventions in the context of antismoking legislation and motorcycle helmet safety laws. The authors discuss recent court decisions challenging the constitutionality of these laws and identify criteria the courts apply in reviewing governmental attempts to protect the public from disease or trauma.
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