Danylo Halytskyi Lviv National Medical University



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Danylo Halytskyi Lviv National Medical University

Department of Medical law of the Faculty of Post-Graduate Education

“Approved”

First vice-rector

on scientific-pedagogical work

prof. Mechyslav R. Gzhegotskyi
_________________________
“___”____________________ 201_

Methodological recommendations for self-reliant work

on the academic discipline “Medical Jurisprudence”

on the specialty: 7.12010005 “Dentistry”

Faculty of foreign students, III course



Discussed and adopted on the meeting of the Department

___, ____________________ 2015

Minutes No.___ of ____________________

Head of the Department, associate professor Iryna Y. Senyuta

__________________ signature


Approved

By the profile methodic commission

___, ____________________ 2015

Minutes No.___ of ____________________

Head of the commission, dean of the FPGE, associate professor Orest Y. Sichkoriz

____________________ signature





2015

Self-reliant work of students and its control




Theme

SRW

Type of control

1

Content module 1. Medical Law as a Legal Phenomenon

6




2

Medical law in the system of law and system of legislation

1

Current control during practical classes

3

Legal regulation of the system of health care system in Ukraine

1

4

International standards in the sphere of health care and human rights

2

5

Regional standards in the sphere of health care and human rights

2

6

Content module 2. Legal Status of Medico-Legal Relations Subjects and Mechanisms of their Rights Protection

8




7

The system of human rights in patient care. Personal non-property rights

1

Current control during practical classes

8

Legal status of medico-legal relations subjects

1

9

Defects of medical care. Medical examination and control over the quality of medical care under the legislation of Ukraine

2

10

Legal liability in the sphere of health care.

2

11

Content module 3. Legal Regulation of Certain Types of Medical Activity

13




12

Legal regulation of carrying out dental practice in Ukraine

2




13

Legal regulation of family medicine in Ukraine.

2

Current control during practical classes

14

Legal regulation of prophylactics and treatment of infectious diseases. Legal regulation of sanitary and epidemiological welfare in Ukraine

2

15

Legal regulation of donation in Ukraine

2




16

Legal regulation of carrying out pharmaceutical activity and providing the population with medicines and medical equipment in Ukraine. Intellectual property in the sphere of health care

2

17

Legal regulation of psychiatric care. Legal regulation of providing medical care to the vulnerable groups of the population

2

18

Legal regulation of palliative care. Legal organization of hospices functioning in Ukraine

1

19

Total

25




The topicality of the problems, which are studied within the discipline, their role and importance for the preparation of future medical professionals, a significant amount of questions, which should be learned for a comprehensive preparation of a professional, require that a number of topics should be studied by students themselves within extracurricular work.

A student should study the questions elucidated in the plan of the class using the literature resources provided in each topic and check the level of knowledge using self-control questions.



Content module 1. Medical Law as a Legal Phenomenon

Theme 1. Medical law in the system of law and system of legislation.

Objective: clarify the legal essence of the notion “medical law”, its place and role in the system of law and legislation. Study the principles, functions and system of medical law.

A student should know:

  • List of key legal acts on the topic;

  • Notion of medical law;

  • Sources of medical law;

  • Principles and functions of medical law.

  • System of legislation of Ukrainian legislation in the sphere of health care


A student should be able to:

  • Analyze relevant law in the sphere of health care;

  • Develop a necessary notion and categorical apparatus;

  • Characterize a system of medical law;

  • Define key functions and principles of medical law.


Plan of the class

  1. Legal regulation of health care in Ukraine and a specific country.

  2. Principles and functions of medical law.

  3. System of medical law.

  4. Sources of medical law

  5. System of Ukrainian health care legislation.


Self- control questions

  1. What is medical law?

  2. Describe the system of medical law.

  3. What functions of medical law do you know?

  4. Differentiate medical law from other branches of law.

  5. What principles of medical law do you know?

  6. Explain the definition of medical law as a branch of law.

  7. Explain the definition of medical law as a field of science.

  8. Explain the definition of medical law as an academic discipline.

  9. What scientific approaches to defining the essence of medical law do you know?

  10. Describe the system of sources of medical law.

Recommended literature

Basic literature

  1. Miola, José and Foster, Charles, Who's in Charge? The Relationship between Medical Law, Medical Ethics and Medical Morality (November 7, 2014). University of Leicester School of Law Research Paper No. 14-28. Available at SSRN: http://ssrn.com/abstract=2520488 or http://dx.doi.org/10.2139/ssrn.2520488

  2. Byrne I., Ezer T. Cohen J. Overall. J, Senyuta I. Human Rights in Patient Care: A Practitioner Guide/ Under scientific editing of Senyuta I. – Lviv. LOBF Publisher’s “Medicine and Law, 2012 – 497 pages.

  3. Health and Human Rights: A Resource Guide. Available at: http://fxb.harvard.edu/health-and-human-rights-resource-guide/

Additional literature

  1. Beermann, Jack Michael, Government's Obligation to Provide for the Health, Safety and Welfare of Its Citizens (March 18, 2014). Boston Univ. School of Law, Public Law Research Paper No. 14-15. Available at SSRN:http://ssrn.com/abstract=2410978 or http://dx.doi.org/10.2139/ssrn.2410978

  2. Cortez, Nathan, Patients without Borders: The Emerging Global Market for Patients and the Evolution of Modern Health Care. Indiana Law Journal, Vol. 83, 2008; SMU Dedman School of Law Legal Studies Research Paper No. 00-24. Available at SSRN: http://ssrn.com/abstract=982742

  3. Golynker, Oxana, Patient Mobility and Healthcare in the EU (November 24, 2014). University of Leicester School of Law Research Paper No. 14-33. Available at SSRN: http://ssrn.com/abstract=2529941 orhttp://dx.doi.org/10.2139/ssrn.2529941

  4. Gostin, Lawrence O., A Theory and Definition of Public Health Law (September 17, 2008). Lawrence O. Gostin, PUBLIC HEALTH LAW POWER, DUTY, RESTRAINT, Revised & Expanded Second Edition, University of California Press/ Milbank Memorial Fund, 2008; Georgetown University/O'Neill Institute for National & Global Health Law Scholarship Research Paper No. 8. Available at SSRN: http://ssrn.com/abstract=1269472

  5. Leonard, Elizabeth Weeks, The Public's Right to Health: When Patient Rights Threaten the Commons (August 18, 2008). Washington University Law Review, Vol. 86, p. 1335, 2009. Available at SSRN:http://ssrn.com/abstract=1234542

Theme 2. Legal regulation of the health care system in Ukraine

Objective: Study the notion and categorical apparatus in the sphere of medical law, sources and types of medical law, trends of law-making in the sphere of health care. Analysis of the national laws in the sphere of health care.

A student should know:

    • List of key legal acts on the topic;

    • International and regional standards in the sphere of health care;

    • Legal regulation of the system of health care in Ukraine;

    • Procedure of the application of the court practice.

A student should be able to:

    • Analyze current laws in the sphere of health care;

    • Characterize international and regional standards in the sphere of health care;

    • Outline necessary notion and categorical apparatus;

    • Analyze relevant laws in the sphere of health care.

Plan of the class

  1. History of legal regulation of the health care system in Ukraine.

  2. General characteristics of the legislation in the sphere of health care in Ukraine. Classification of the legal acts.

  3. Validity of the legal acts in time, space and scope of persons.

  4. Constitution of Ukraine and laws of Ukraine as a source of medical law.

  5. By-laws in the sphere of health care.

  6. Local legal acts as a source of medical law of Ukraine.

  7. Judgments of the Constitutional Court of Ukraine as a source of medical law.

Self-control questions

  1. Place the following legal acts in the ascending order taking into account their legal force.

    • Law of Ukraine “Principles of Ukrainian Health Care Legislation”;

    • Civil Code of Ukraine;

    • Order of the Ministry of Health of Ukraine;

    • Constitution of Ukraine;

    • Charter of the Health Care Facility;

    • International Covenant on Economic, Social and Cultural Rights.

  1. What are the features of the local legal act as a source of medical law?

  2. Describe a procedure of legal cats coming into force and recognizing stale.

  3. What does the statement “Norms of the Constitution are norms of direct legal force” mean?

  4. Is it a correct statement “In case of a collision between two Laws of Ukraine, there should be applied the one, which has a regulatory influence”?

  5. In what way should be resolved a collision between general and special legal act?

  6. Name at least 3 Laws of your country, which are related to the human rights in patient care.

  7. Name at least 3 by-laws of your country, which are related to the human rights in patient care.

  8. Which of the following legal acts has superior legal force? Constitution of Ukraine and International Covenant on Economic, Social and Cultural Rights.

  9. Describe the system of legislation in the sphere of health care of your country.

Recommended literature

Basic literature

  1. Byrne I., Ezer T. Cohen J. Overall. J, Senyuta I. Human Rights in Patient Care: A Practitioner Guide/ Under scientific editing of Senyuta I. – Lviv. LOBF Publisher’s “Medicine and Law, 2012 – 497 pages.

  2. Health and Human Rights: A Resource Guide. Available at: http://fxb.harvard.edu/health-and-human-rights-resource-guide/

  3. Beletsky, Leo and Ezer, Tamar and Overall, Judith and Byrne, Iain and Cohen, Jonathan, Advancing Human Rights in Patient Care: The Law in Seven Transitional Countries (January 31, 2013). Open Society Foundations, 2013; Northeastern University School of Law Research Paper No. 125-2013. Available at SSRN:http://ssrn.com/abstract=2209796

Additional literature

  1. Matei, Emanuela, Economic and Social Patients' Rights in Cross Border Health Services: The Either or Fallacy (June 3, 2011). Lund Student EU Law Review, 2011. Available at SSRN: http://ssrn.com/abstract=2296897

  2. Meier, Benjamin Mason and Bhattacharya, Dhrubajyoti, U.S. Health Care Reform as a Means to Realize the International Human Right to Health (2012). Debates on U.S. Health Care (Jennie Jacobs Kronenfeld, Wendy E. Parmet & Mark A. Zezza, eds.), (Sage, NY), 2012 Forthcoming. Available at SSRN:http://ssrn.com/abstract=2095191

  3. Spronk, Sarah I., The Right to Health of the Child in International Health and Human Rights Law (June 8, 2012). Available at SSRN: http://ssrn.com/abstract=2080018 or http://dx.doi.org/10.2139/ssrn.2080018

  4. Gostin, Lawrence O. and Taylor, Allyn L., Global Health Law: A Definition and Grand Challenges. Public Health Ethics, Vol. 1, No. 1, pp. 53-63, 2008; Georgetown University O'Neill Institute for National & Global Health Law Scholarship Paper No. 14. Available at SSRN: http://ssrn.com/abstract=1272424

Theme 3. International standards in the sphere of health care and human rights.

Objective: study the system of international standards of human rights in patient care, their types and features, learn relevant rights and responsibilities of patients and medical professionals under the regional standards.

A student should know:

  • The system of international standards of human rights in patient care;

  • International standards that contain binding rules;

  • International standards that contain non-binding rules;

  • Rights and responsibilities of patients and medical professionals under international standards.


A student should be able to:

  • Analyze international standards of human rights in patient care;

  • Differentiate the legal importance of binding and non-binding international standards of human rights in patient care;

  • Apply relevant provisions of international standards of human rights in patient care;

  • Characterize relevant enforcement mechanisms of international standards of human rights in patient care.



Plan of the class

  1. International framework of human rights in patient care;

  2. General characteristics of binding international standards of human rights in patient care;

  3. General characteristics of non-binding international standards of human rights in patient care;

  4. Rights and responsibilities of patients and medical professionals under the international standards.

  5. Key enforcement mechanisms of the international standards of human rights in patient care.


Self- control questions


  1. What elements make up the system of international standards of human rights in patient care?

  2. Enumerate at least 5 international standards, which are binding for your country.

  3. Enumerate at least 5 non-binding international standards of human rights in patient care.

  4. What is the difference between international and regional standards of human rights in patient care?

  5. What rights and responsibilities of patients under international standards do you know?

  6. What rights and responsibilities of medical professionals under international standards do you know?

  7. What enforcement mechanisms of international standards of human rights in patient care do you know?

  8. What is the difference between the right to health and the rights to be healthy in the opinion of the International Committee on Economic, Social and Cultural Rights?

  9. What do the terms availability and accessibility of health care mean?

  10. Enumerate at least 5 examples of violations of human rights in patient care, foreseen by the international standards do you know?

Recommended literature

Basic literature

  1. Byrne I., Ezer T. Cohen J. Overall. J, Senyuta I. Human Rights in Patient Care: A Practitioner Guide/ Under scientific editing of Senyuta I. – Lviv. LOBF Publisher’s “Medicine and Law, 2012 – 497 pages.

  2. Health and Human Rights: A Resource Guide. Available at: http://fxb.harvard.edu/health-and-human-rights-resource-guide/

  3. Beletsky, Leo and Ezer, Tamar and Overall, Judith and Byrne, Iain and Cohen, Jonathan, Advancing Human Rights in Patient Care: The Law in Seven Transitional Countries (January 31, 2013). Open Society Foundations, 2013; Northeastern University School of Law Research Paper No. 125-2013. Available at SSRN:http://ssrn.com/abstract=2209796

  4. Cohen, I. Glenn, Medical Tourism, Access to Health Care, and Global Justice (September 13, 2011). Virginia Journal of International Law, Vol. 52, 2011; Harvard Public Law Working Paper No. 11-23. Available at SSRN:http://ssrn.com/abstract=1926880 or http://dx.doi.org/10.2139/ssrn.1926880

Additional literature

  1. Matei, Emanuela, Economic and Social Patients' Rights in Cross Border Health Services: The Either or Fallacy (June 3, 2011). Lund Student EU Law Review, 2011. Available at SSRN: http://ssrn.com/abstract=2296897

  2. Meier, Benjamin Mason and Bhattacharya, Dhrubajyoti, U.S. Health Care Reform as a Means to Realize the International Human Right to Health (2012). Debates on U.S. Health Care (Jennie Jacobs Kronenfeld, Wendy E. Parmet & Mark A. Zezza, eds.), (Sage, NY), 2012 Forthcoming. Available at SSRN:http://ssrn.com/abstract=2095191

  3. Spronk, Sarah I., The Right to Health of the Child in International Health and Human Rights Law (June 8, 2012). Available at SSRN: http://ssrn.com/abstract=2080018 or http://dx.doi.org/10.2139/ssrn.2080018

  4. Gostin, Lawrence O. and Taylor, Allyn L., Global Health Law: A Definition and Grand Challenges. Public Health Ethics, Vol. 1, No. 1, pp. 53-63, 2008; Georgetown University O'Neill Institute for National & Global Health Law Scholarship Paper No. 14. Available at SSRN: http://ssrn.com/abstract=1272424

  5. Raz, Joseph, Human Rights in the Emerging World Order (November 14, 2009). (2010) 1 Transnational Legal Theory 31–47. Columbia Public Law Research Paper No. 09-219; Oxford Legal Studies Research Paper No. 47/2009. Available at SSRN: http://ssrn.com/abstract=1497055 or http://dx.doi.org/10.2139/ssrn.1497055

Information resources

International and regional standards

  1. UN General Assembly, Convention on the Rights of the Child, Resolution 44/25, A/RES/44/25 (November 20, 1989). http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx.

  2. UN General Assembly, International Covenant on Civil and Political Rights, A/RES/21/2200 (December 16, 1966). http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx.

  3. UN General Assembly, International Covenant on Economic, Social, and Cultural Rights, A/RES/21/2200 (December 16, 1966).  http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx.

  4. UN General Assembly, International Convention on the Elimination of all forms of Racial Discrimination, Resolution 2106 (XX), A/RES/20/2106 (December 21, 1965). http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx.

  5. UN General Assembly, Convention on the Elimination of all Forms of Discrimination Against Women, Resolution 34/180, A/RES/34/180 (December 18, 1979). http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx.

  6. UN General Assembly, Convention of the Rights of Persons with Disabilities, Resolution 61/106, A/RES/61/106 (December 13, 2006). http://www.un.org/disabilities/convention/conventionfull.shtml.

  7. African Commission on Human and Peoples’ Rights, African Charter on the Rights and Welfare of the Child (July 1, 1990). http://www.achpr.org/instruments/child/.

  8. African Commission on Human and Peoples’ Rights, Protocol to the African Charter on Human and Peoples’ Rights: Establishment of the African Court on Human and Peoples’ Rights (June 10, 1998). http://www.achpr.org/instruments/court-establishment/.

  9. Africa Commission on Human and Peoples’ Rights, Protocol to the African Charter on Human and Peoples’ Rights: Rights of Women in Africa (November 7, 2003). http://www.achpr.org/instruments/women-protocol/.

  10. Council of Europe, Convention for the Protection of Human Rights and Fundamental Freedoms. conventions.coe.int/Treaty/en/Treaties/Html/005.htm.

  11. Council of Europe, European Social Charter (1996 revised edition). conventions.coe.int/Treaty/EN/Treaties/Html/035.htm.

  12. Council of Europe, Framework Convention for the Protection of National Minorities (1995). conventions.coe.int/treaty/en/Treaties/Html/157.htm.

  13. Organization of American States: Department of International Law, Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights: ‘Protocol San Salvador’ (November 17, 1998). http://www.oas.org/juridico/english/treaties/a-52.html.

  14. Organization of American States: Department of International Law, American Convention on Human Rights: ‘Pact of San Jose, Costa Rica.’ http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights.htm.

  15. Organization of American States: Department of International Law, Charter of the Organization of American States (1948). http://www.oas.org/dil/treaties_A-41_Charter_of_the_Organization_of_American_States.htm.

  16. Active Citizen Network, European Charter of Patients’ Rights (2002). www.eesc.europa.eu/self-and-coregulation/documents/codes/private/085-private-act.pdf


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