lec 2 - regulation of the dental profession Flashcards
Refers to the health of the community as a whole. It may also refer to measures taken to maintain and improve the general level of health, such as preventive medicine, immunization, sanitation, and the organization of medical and hospital facilities.
Public Health
Refers to the freedom from risk, damage, harm, or danger.
Public Safety
Refers to the principles, habits, characters, or behavior in matters of rights and wrong.
Public Morals
Refers to the freedom from strife, security, harmony, war, harm or danger, and the presence of the rule of law.
Public Peace and Order
Refers to the health, happiness, and prosperity of the public, especially the poor and needy people.
General Welfare
- A power to restrain/regulate liberty and property for the promotion of the general welfare of the people;
- A power to make such wholesome and reasonable law not repugnant to the Constitution, as it shall judge to be for the good and welfare of the states and its people;
- A power to prescribe regulations to promote the health, morals, education, good order, safety, or general welfare of the people.
Police Power
2 basis of police power
- Salus populi est suprema lex
- Sic utere tuo ut alienum non laedas
The welfare (health) of the people is the supreme law.
Salus populi est suprema lex
So use your own as not to injure another’s right.
Sic utere tuo ut alienum non laedas
Scope of the Police Power (4)
- The protection of lives, health, and prosperity of citizens
- The restraints and punishment of crimes
- The preservation of good order and public morals
- The preservation of the general welfare of the community
4 Characteristics of Police Power
1) Its alienable
2) It is not overridden by the ‘’contract clause” or “due process”
3) It cannot be bargained away
4) All contracts and property rights are held subject to its fair exercise