INTRO TO MED LAW

Question 1

TYPES OF DECISIONS DOCTORS MAKE

Answer 1

LEGAL
ETHICAL
MORAL

Question 2

LEGAL

Answer 2

Decisions where doctor has no choice. Law has intervened and mandated prescribes course of action. Frequently occur when law determines that choice belong to the patient rather than the medical practitioner

Question 3

SECTION 12(2) OF THE CONSTITUTION

Answer 3

Protects every one’s right to the protection of their bodily and psychological integrity by allow any person to make their won decisions about reproduction, have security relating to and control of the own body, and only participate in medical or scientific experiments with their consent

Question 4

ETHICAL

Answer 4

Decisions that the law leaves to the medical profession to regulate. Reflection on corporate morality of the profession. Profession requires that certain decisions are made in certain ways: if a doctor does not conform, action with professional consequences (but not legal) will be taken (e.g. HPCSA proceedings) Such decisions are made by the medical profession as a whole, rather than by medical individuals
Medical practitioners have no unique competence in the resolution of ethical issues – this is when law becomes important

Question 5

MORAL

Answer 5

Decision which is entirely uninhibited by anything other than conscience of the individual doctor. May or may not accord with the view of medical profession as a whole. Law sometimes expresses respect for moral decisions (e.g. conscientious objection to abortion)
Most moral decisions will not harm the patient - patient will be protected by alternative means. Protected rights relate not to the patient but to the doctor and his/her conscience.

Question 6

MEDICAL LAW

Answer 6

Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law.

Question 7

HEALTH LAW

Answer 7

Health law is the area of law concerned with the health of individuals and populations, the provision of health care and the operation of the health care system.

Question 8

WHAT DID MEDICAL LAW PRIMARILY FOCUSSED ON DURING THE FIRST PART OF THE 20TH CENTURY

Answer 8

focused on issues of medical malpractice and negligence.

Question 9

TOWARDS THE END OF THE 20TH CENT

Answer 9

Towards end of 20th century scope was broadened to also involve abortion, euthanasia and organ transplants and was increasingly referred to as “health law”. Health law now includes a range of professions wider than just medical practitioners and nurse, but also a complex group of professions dealing with public health, biotechnological advancements ETC

Question 10

SOURCES OF AUTHORITY OF MEDICAL LAW

Answer 10

Constitution
..National Health Act [Mental Health Care Act]
[Occupational Health and Safety
ACT]
..Medicines and Related Substances Act [Health Professions Act]

Children’s Act
Choice on Termination of Pregnancy Act
[Promotion of Access to Information Act]
[Criminal Procedure Act]

Nursing Act
[Protection of Personal Information Act]

Question 11

THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA

Answer 11

The Constitution of South Africa is the supreme law of the Republic of South Africa.
It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government

Question 12

CHAPTER 2

Answer 12

Also known as the Bill of Human Rights which enumerates the civil, political, economic, social and cultural human rights of the people of South Africa.

Question 13

Human rights that are important for medical practitioners include

Answer 13

Section 9 everyone is equal before the law and has right to equal protection and the benefit of the law. Prohibited grounds of discrimination include race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth

Question 14

SECTION 10

Answer 14

the right to human dignity

Question 15

SECTION 11

Answer 15

the right to life

Question 16

SECTION 12

Answer 16

the right to freedom and security of the person, including protection against arbitrary detention and detention without trial, the right to be protected against violence, freedom from torture, freedom from cruel, inhuman or degrading treatment, the right to bodily integrity, and reproductive rights.

Question 17

SECTION 13

Answer 17

freedom from slavery, servitude or forced labour

Question 18

SECTION 14

Answer 18

the right to privacy, including protection against search and seizure, and the privacy of correspondence.

Question 19

SECTION 15

Answer 19

freedom of thought and freedom of religion

Question 20

SECTION 16

Answer 20

freedom of speech and expression, including freedom of the press and academic freedom. Explicitly excluded are propaganda for war, incitement to violence and advocacy of hatred based on race, ethnicity, gender or religion.

Question 21

SECTION 24

Answer 21

the right to a healthy environment and the right to have the environment protected

Question 22

SECTION 25

Answer 22

the right to property, limited in that property may only be expropriated under a law of general application (not arbitrarily), for a public purpose and with the payment of compensation.

Question 23

SECTION 26

Answer 23

the right to housing, including the right to due process with regard to court-ordered eviction and demolition

Question 24

SECTION 27

Answer 24

the rights to food, water, health care and social assistance, which the state
must progressively realise within the limits of its resources

Question 25

SECTION 28

Answer 25

children's rights, including the right to a name and nationality, the right to family or parental care, the right to a basic standard of living, the right to be protected from maltreatment and abuse, the protection from inappropriate child labour, the right not to be detained except as a last resort, the paramountcy of the best interests of the child and the right to an independent lawyer in court cases involving the child, and the prohibition of the military use of children.

Question 26

SECTION 29

Answer 26

the right to education, including a universal right to basic education

Question 27

SECTION 30

Answer 27

the right to use the language of one's choice and to participate in the cultural life of one's choice.

Question 28

SECTION 31

Answer 28

the right of cultural, religious or linguistic communities to enjoy their culture, practise their religion and use their language

Question 29

SECTION 32

Answer 29

the right of access to information, including all information held by the government

Question 30

SECTION 33

Answer 30

the right to justice in administrative action by the government. Section 34 the right of access to the courts.

Question 31

SECTION 36

Answer 31

Allows the rights listed to be limited only by laws of general application, and only to the extent that the restriction is reasonable and justifiable in "an open and democratic society based on human dignity, equality and freedom

Question 32

SECTION 37

Answer 32

Allows certain rights to be limited during a state of emergency but places strict procedural limits on the declaration of states of emergency and provides for the rights of people detained as a result.

Question 33

NATIONAL HEALTH ACT

Answer 33

Provides a framework for a structured uniform health system within SA, taking into account the obligations imposed by the Constitution and other laws on the national, provincial and local governments with regard to health services and to provide for matters connected therewith Recognising the socio-economic injustices, imbalances and inequities of health services of the past; the need to heal the divisions of the past and to establish a society based on democratic values, social justice and fundamental human rights; the need to improve the quality of life of all citizens and to free the potential of each person

Question 34

CHAPTER 2

Answer 34

Rights and Duties of users and Health Care Personnel ``` ..Emergency treatment ..User to have full knowledge ..Consent of user ..Participation in decisions ..Health service without consent ..Discharge reports ..Health services for experimental or research purposes ..Duty to disseminate information ..Obligation to keep record ..Confidentiality ..Access to health records ..Access to health records by health care provider ..Protection of health records Laying of complaints Duties of users Rights of health care personnel ```

Question 35

CHAPTER 8

Answer 35

Control of use of blood, blood products, tissue and gametes in humans

Question 36

CHAPTER 9

Answer 36

National health research and information

Question 37

Medicines and Related Substances Act

Answer 37

To provide for the registration of medicines and related substances intended for human and for animal use; to provide for the establishment of a Medicine Control Council; ..to provide for the control of medicines and scheduled substances and medical devices ..to make further provision for the prohibition on the sale of medicines which are subject to registration and are not registered; ..to provide for procedures that will expedite the registration of essential medicines, and for the re-evaluation of all medicines after five years; .. to provide, for measures for the supply of more affordable medicines in certain circumstances; .. to provide that labels be approved by the council; .. to prohibit sampling and bonusing of medicines; ..to provide for the licensing of certain persons to compound, dispense or manufacture medicines and medical devices and also to act as wholesalers or distributors; .. to provide for the generic substitution of medicines; to provide for the establishment of a pricing committee ;distributors, wholesalers, pharmacists and persons licensed to dispense medicines; to make new provisions for appeals against decisions of the Director-General or the council and to provide for matters connected therewith to regulate the purchase and sale of medicines by manufacturers

Question 38

MENTAL HEALTH CARE ACT

Answer 38

Provides for the care, treatment and rehabilitation of persons who are mentally ill; to set out the different procedures to be followed in the admission of such persons; to establish Review Boards in respect of every health establishment; to determine their powers and functions; to provide for the care and administration of the property of mentally ill persons; to repeal certain laws; and to provide for matters connected therewith

Question 39

OCCUPATIONAL HEALTH AND SAFETY ACT

Answer 39

Provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith

Question 40

HEALTH PROFFESIONS ACT

Answer 40

To establish the Health Professions Council of South Africa and professional boards; to provide for control over the education, training and registration for and practising of health professions registered under this Act; and to provide for matters incidental thereto, including

Question 41

CHILDREN'S ACT

Answer 41

Give and protection of children; to define parental responsibilities and rights; to make further provision regarding children’s courts; to provide for the issuing of contribution orders; to make new provision for the adoption of children; to provide for inter-country adoption; to give effect to the Hague Convention on Inter-country Adoption; to prohibit child abduction and to give effect to the Hague Convention on International Child Abduction; to provide for surrogate motherhood; to create certain new offences relating to children; and to provide for matters connected therewithes effect to certain rights of children as contained in the Constitution; to set out principles relating

Question 42

CHAPTER III

Answer 42

RIGHTS AND DUTIES RELATING TO MENTAL HEALTH CARE USERS

Question 43

CHAPTER V

Answer 43

VOLUNTARY, ASSISTED AND INVOLUNTARY MENTAL HEALTH CARE

Question 44

CHAPTER VI

Answer 44

STATE PATIENT

Question 45

CHAPTER VII

Answer 45

MENTALLY ILL PRISONERS

Question 46

CHAPTER VIII

Answer 46

CARE AND ADMINISTRATION OF PROPERTY OF MENTALLY ILLPERSON(S) WITH SEVERE OR PROFOUNDINTELLECTUAL DISABILITY

Question 47

CHAPTER 2 | GENERAL PRINCIPLES

Answer 47

``` Best interest of the child standard Best interest of the child paramount Child participation Children with disability or chronic illness Social, cultural and religious practices Information on health care Access to court Enforcement of rights Responsibilities of children Age of majority ```

Question 48

CHAPTER 7

Answer 48

Chapter 7 - Protection of childrenPart 3 - Protective measures relating to health of children

Question 49

CHAPTR 19 SURROGATE MOTHER

Answer 49

Surrogate motherhood agreement must be in writing and confirmed by High Court Consent of husband, wife or partner Genetic origin of child Confirmation by court Artificial fertilisation of surrogate mother Effect of surrogate motherhood agreement on status of child Termination of surrogate motherhood agreement Effect of termination of surrogate motherhood agreement Termination of pregnancy Payment on respect of surrogacy prohibited Identity of parties

Question 50

RIGHTS OF HEALTH CARE USERS

Answer 50

Section 18 – National Health Act Any person may lay a complaint about the manner in which he or she was treated at a health establishment and have the complaint investigated. Section 14 – National Health Act All information concerning a user, including information relating to his or her health status, treatment or stay in a health establishment, is confidential. However, such information may be disclosed if the user consents to that disclosure in writing, a court order or any law requires that disclosure; or non-disclosure of the information represents a serious threat to public health. Section 8 – National Health Act A user has the right to participate in any decision affecting his or her personal health and treatment.

Question 51

DUTY OF HEALTH CARE USERS

Answer 51

Section 19 – National Health Care Act A user must adhere to the rules of the health establishment when receiving treatment or using health services at the health establishment; A user must provide the health care provider with accurate information pertaining to his or her health status and-co-operate with health care service providers when using health care services; A user must treat health care providers and health workers with dignity and respect; A user must sign a discharge certificate or release of liability if he or she refuses to accept recommended treatment

Question 52

DUTY OF HEALTHCARE PERSONNEL

Answer 52

SECTION 13 AND 17 The person in charge of a health establishment must ensure that a health record is created and maintained for each user containing such information as may be prescribed and must set up control measures to prevent unauthorised access to such records and to the storage facility in which, or system by which, such records are kept. Section 16 – National Health Act A health care provider may examine a user’s health records for the purposes of treatment with the authorisation of the user and to study, for teaching or research with the authorisation of the user, head of the health establishment concerned and the relevant health research ethics committee. Section 15 – National Health Act A health worker or any health care provider that has access to the health records of a user may disclose such personal information to any other person, healthcare provider or health establishment as is necessary for any legitimate purpose within the ordinary course and scope of his or her duties where such access or disclosure is in the interests of the user. Section 5 – National Health Act A health care provider, health worker or health establishment may not refuse a person emergency medical treatment. Section 6 – National Health Act Every health care provider must inform a user of the user’s health status (except in circumstances where there is substantial evidence that the disclosure of the user’s health status would be contrary to the best interests of the user); the range of diagnostic procedures and treatment options generally available to the user; the benefits, risks, costs and consequences generally associated with each option and the user’s right to refuse health services and explain the implications, risks and obligations of such refusal  in a language that the user understands and in a manner which takes into account the user’s level of literacy Section 7 – National Health Act A health service may not be provided to a user without the user’s informed consent, UNLESS: the user is unable to give informed consent and such consent is given by a person mandated by the user in writing to grant consent on his or her behalf; or authorised to give such consent in terms of any law or court order; the user is unable to give informed consent and no person is mandated or authorised to give such consent, and the consent is given by the spouse or partner of the user or, in the absence of such spouse or partner, a parent, grandparent. an adult child or a brother or a sister of the user, in the specific order as listed; the provision of a health service without informed consent is authorised in a court order or law; failure to treat the user, or group of people which includes the user will result in a serious risk to public health; or any delay in the provision of the health service to the user might result in his or her death or irreversible damage to his or her health and the user has not expressly, impliedly or by conduct refused that service  health care provider must take all reasonable steps to obtain

Question 53

RIGHTS OF HEALTHCARE PERSONNEL

Answer 53

Section 20 – National Health Act Health care personnel may not be unfairly discriminated against on account of their health status, BUT may the head of the health establishment concerned impose conditions on the services that may be rendered by a health care provider or health worker on the basis of his or her health status. Every health establishment must implement measures to minimise injury or damages to the person and property of health care personnel working at that establishment and disease transmission A health care provider may refuse to treat a user who is physically or verbally abusive or who sexually harasses him or her