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10 views30 pages

Week 1 1

Uploaded by

thilagavathy padmanaban
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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HEAL8171

Law and Health


Care Administration

Week 1
Agenda
Introductions

Unit Learning Outcomes

1.1 Discuss the role of law in the delivery of health care


1.2 Review the Canadian Charter of Rights
Ethics vs. Law vs. HealthCare
Health Care

What do you think of when you think of health care?


Law

What do you think of when you think of law?


Law
Binding custom or practice of a community : a rule of conduct or
action prescribed or formally recognized as binding or
enforced by a controlling authority
(Merriam Webster Dictionary)
Health Law
• Examines major areas where health and law intersect
Areas of Practice
• Bioethics,
• Mental health,
• Professional governance,
• Malpractice and personal injury,
• Intellectual property,
• Information technology and privacy in health,
• Human rights and globalization,
• Health facilities,
• Pharmaceutical regulation,
• Biotechnology and comparative health.
Bioethics
The ownership of human tissue and the underlying genetic
information
Mental Health
• Capacity to give consent
• Correct assessment of risk
• Assessment of the Rights of the individual and family
• Provision of proper care
Professional Governance
• Oversight of a profession and its designated professionals by
a governing body
• Outlined in the Regulated Health Professions Act (RHPA)
1991
Personal Injury
• Physical or psychological injury as result of negligence
• Medical Malpractice
Intellectual Property
• Rights of creators and owners of inventions, research
• Published works
Information Technology and Privacy
PHIPA: governs the manner in which personal health information
may be collected, used and disclosed within the health sector
• Circle of Care
Human Rights and Globilization

• Emergence of large scale world systems


• International human rights
• Restrain the abuse of powers to violate human rights
Health Facilities
Institution, Place, Building or agency that conducts and operates
health services for the prevention, diagnosis or treatment of
human disease, injury, pain or physical condition
Pharmaceutical
• Rights to protect drug manufacturers, research and safety
standards.
• Right to appropriate and safe medication
Biotechnology
• Development and manipulation of living things for human use
and gain.
• Medical technology
Canada Health Act
• Public Administration
• Comprehensive
• Universality
• Portability
• Accessibility
Canada Act 1982
Charter of Rights and Freedom
• Applies to government laws and actions
• Federal
• Provincial
• Municipal
• Public School Boards
Supreme Court
Legal Rights
Section 7. Right to life, liberty, and security of person
Section 12. Right not to be subject to cruel and unusual
punishment
Equality Rights
15. Equal Treatment before the law and equal protection and
benefit of the law without discrimination
Whose body is it?
Medical Assistance in Dying (MAID)

This is not the an ethical debate, this is a review of how the law
and health care intercept

https://www.cbc.ca/player/play/1757275171
Supreme Court of Canada
Sue Rodriguez vs. British Columbia (1993)
CanLII 75

https://www.youtube.com/watch?v=1rDjwkJIBIg
Supreme Court Decision
Section 7
• Prohibition of suicide reflects part of the fundamental values
of society and so could not be a violation of fundamental
justice
Section 12
• Did not fall within the meaning of treatment
Supreme Court Decision
Section 15
• The issue best not be resolved under this right
Homework
TECHNOLOGY TEST
Questions and Summary
Unit Learning Outcome covered:
1.1 Discuss the role of law in the delivery of health care
1.2 Review the Canadian Charter of Rights
• Review Instructional Plan for next class

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