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Preemption & Public Health

Public Health Law Academy training

Good Governance

The legal concept of preemption may have little resonance outside of courts and legislative chambers, but what it describes — the authority of a higher level of government to limit, or even eliminate, the power of a lower level of government to regulate an issue — has profound significance for public health.

Preemption affects everything, including airline safety regulations, school nutrition standards, menu labeling requirements, and the sale of flavored tobacco products. And, while it has important implications for health care delivery and public health, it is not part of most medical, nursing, or public health training.

This training will

  • equip you with a basic understanding of the legal concept of preemption;
  • discuss the arguments in favor of preemption as well as the potential problems that stem from preemption; and
  • explain how individuals in non-legal professions can anticipate, identify, and respond to preemption.

If you are a TRAIN user, or are interested in continuing education, please register through TRAIN.

To learn more about why preemption matters for public health, download our infographic. This resource outlines how preemption can allow for the creation of minimum standards and also can affect community-driven policymaking and health equity.