Relevant bibliographies by topics / Medical innovations – Law and legislation

Academic literature on the topic 'Medical innovations – Law and legislation'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "Medical innovations – Law and legislation"

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Fedik, Elena N., and Alexey D. Shcherbakov. "Issues of Legislation and Practice of Criminal Liability for Hooliganism." Rossijskoe pravosudie, no. 3 (February 24, 2022): 82–88. http://dx.doi.org/10.37399/issn2072-909x.2022.3.82-88.

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The legislator has repeatedly changed his attitude to the content of the composition, provided for by Article 213 of the Criminal Code of the Russian Federation, hooliganism. The authors examines how the characteristics of hooliganism have changed in comparison with the Criminal Code of the RSFSR, what innovations the legislator introduced into the main corpus delicti in terms of the use of violence, and how this affected law enforcement practice. Also touched upon certain aspects of limiting hooliganism from related offenses.
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Pisarev, Alexander N. "The Right of Local Self-Government to Judicial Protection in the Light of Amendments to the Constitution of 2020 About the Unified System and Functions Public Authorities." Rossijskoe pravosudie, no. 8 (July 25, 2022): 50–60. http://dx.doi.org/10.37399/issn2072-909x.2022.8.50-60.

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Problem statement. In connection with the consolidation in Articles 132 and 133 of the Constitution of such new legal definitions for domestic legislation as “unified system of public power” and “public functions”, The problem of bringing the right of local self-government to judicial protection regulated in the current legislation in accordance with the specified amendments to the Constitution of 2020 seems urgent. In addition, taking into account these constitutional innovations, the problem of providing local self-government bodies with the opp ortunity to use the tools of constitutional justice to protect their rights is of undoubted interest. The goals and objectives of the study are related to the systematic legal analysis of various points of view of researchers, the legal positions of the Constitutional Court of the Russian Federation, relevant regulatory legal acts to formulate a set of scientifically sound conclusions and practical recommendations for bringing legislation regulating the right of local self-government to judicial protection in accordance with constitutional innovations on the unity of public authority and public functions state authorities and local self-government bodies.. Methods. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to identify the constitutional principles and foundations of the organization and activities of public authorities, intra-system connections and legal mechanisms of their interaction, public functions that determine the patterns and trends in the development of individual legal institutions of municipal law, including the right of local self-government to judicial protection. Brief Conclusions. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to identify the constitutional principles and foundations of the organization and activities of public authorities, intra-system connections and legal mechanisms of their interaction, public functions that determine the patterns and trends in the development of legislation regulating the right of local self-government to judicial protection. The theoretical and methodological and scientific and practical issues of the formation and development of the methodology of the formation of the right of local self-government to judicial protection are disclosed. The assessment and forecasts of the evolution and systematization of this right in the constitutional legislation in accordance with the constitutional innovations of 2020 are given. In the constitutional and legal aspect, the proposals on the protection of local self-government bodies of their rights in the Constitutional Court are analyzed.
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Crampton, Suzanne M., and Jitendra M. Mishra. "Family and Medical Leave Legislation: Organizational Policies & Strategies." Public Personnel Management 24, no. 3 (September 1995): 271–89. http://dx.doi.org/10.1177/009102609502400302.

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Problems have resulted from the novel situation in the U.S. society where more and more parents are working, leaving them with less time and energy during the period surrounding the birth and early growth of a new infant. This issue has received considerable attention from both the private and public sectors. An increasing number of progressive companies have been proactive in offering paid and unpaid family leaves as part of their employees’ benefit package. On February 5, 1993, President Clinton signed a bill into law granting up to a total of 12 weeks of unpaid leave during any 12 month period to cope with a family sickness, childbirth or adoption. This paper discusses the history of family leaves and the passage of the Family and Medical Leave Act (FMLA) along with its provisions and implications. The FMLA is just a first step for the U.S. as other countries provide paid family leave with varying percentages of pay compared to the U.S. Examples of leave policies around the world are examined.
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Kovtun, Nikolay. "Collisions of Psychiatric Emergency Care to Indictees as a Subject of the Lawyer’s Active Position in Criminal Proceedings in Russia." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 3 (October 7, 2022): 96–102. http://dx.doi.org/10.36511/2078-5356-2022-3-96-102.

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The subject of analysis in this work is legislative innovations governing the procedure for the temporary placement of an accused and suspect in a medical organization providing psychiatric care in inpatient conditions (federal law 491-FZ and federal law 500-FZ). The author analyzes the grounds and persons initiating the application of the said measure; goals and procedural form of its application; a set of guarantees for persons in respect of whom this measure is applied. As a result, the work reveals the main collisions of the introduced normative innovations; the gaps in the regulation of the fundamental aspects of the provision of emergency psychiatric care was noted; actual suggestions and recommendations were made in these matters.
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Pavlou, Anna, and Emmanuel Saurat. "Clinical Trials Regulation: A Further Step towards Increased Medical Innovation in the EU." European Journal of Risk Regulation 6, no. 4 (December 2015): 646–48. http://dx.doi.org/10.1017/s1867299x00005201.

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On 27 May 2014, after two years of debates and extensive amendments by the EU’s law-making institutions, the EU Clinical Trial Regulation1 was published. The Regulation repeals and replaces the Clinical Trials Directive, an instrument described by the European Commission as “arguably the most heavily criticised piece of EU-legislation in the area of pharmaceuticals”. The Clinical Trials Regulation is intended to improve the existing framework, and will become applicable at the earliest on 28 May 2016. This report reviews the most significant changes to the existing system brought about by the Clinical Trials Regulation, and how this Regulation purports to strike a balance between its objective of increasing clinical trial activity in the EU and the need to protect clinical trial subjects’ rights, safety and well-being.
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Ivanenko, Dmytro, and Nataliia Hlushchenko. "LEGAL ASPECTS OF INTELLECTUAL PROPERTY IMPACT ON AVAILABILITY OF MEDICINES IN UKRAINE." Law Journal of Donbass 76, no. 3 (2021): 39–44. http://dx.doi.org/10.32366/2523-4269-2021-76-3-39-44.

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The right of a person to access medicines is derived from the right to health. At the time of the establishment of fundamental human rights, the issue of lack of access to medical supplies was not considered a violation of human rights. The spread of pandemics has led to the gradual recognition of the right of access to medicines. The TRIPS agreement fundamentally reformatted the discussion on access to medicines. Prior to the TRIPS Agreement, states had considerable independence in the formation and implementation of state policy in the field of intellectual property. TRIPS obliges countries to provide pharmaceutical patents. The growing influence of the international patent system has aroused widespread interest and concern about the impact on access to medicines. The Doha Declaration on the TRIPS Agreement defines the importance of the implementation and interpretation of the Agreement in the most favorable way for the protection of public health by making available to the public existing medicines and creating conditions for the production of new ones. Ukraine is on the way to creating its own legislation in the field of intellectual property. Art. 219 of the Association Agreement between Ukraine and the European Union contains provisions according to which the parties recognize the importance of the Declaration on the TRIPS Agreement in the field of health care. Positive changes in the field of intellectual property include the provisions of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation» № 816-IX as of 21.07.2020. This law limited the range of objects to be patented. The implementation of these legislative changes is impossible without a proper methodology for the examination of novelty. Reforming the national system of intellectual property protection has created good preconditions for the formation of a civilized pharmaceutical market in Ukraine. Among the areas of legislation in Ukraine, there is an urgent need to form an institution of compulsory licensing. A separate area is the introduction of the pre-grant and post-grant procedures of the opposition. An important area of legislative work is the formation of a favorable domestic policy for innovation and invention in the field of medicine and biotechnology.
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Maleva, E. M. "Creating a forensic examination in Russia: military regulations (1716)." Siberian Law Herald 2022.2 (2022): 3–8. http://dx.doi.org/10.26516/2071-8136.2022.2.3.

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One of the legal innovations of the reign of Peter the Great is the creation of forensic medicine in the form of legislative regulation of the anatomy of a dead body before burial to establish the cause of death. The final conclusion is made that this document is a monument of law. The task of a retrospective review of the complex of causes and conditions that led to the establishment of the Institute of Forensic Medicine at the beginning of the XVIII century in Russia has been solved. The method of formal legal analysis of the first Russian legislative act on forensic medical examination was used. It is concluded that this monument of law has a general cultural significance, as a result of a long tradition of the development of medicine and law in Russia. The legal norms related to the establishment of the institute of forensic medical examination in the Russian state, contained in the texts of the monuments of the law of the feudal period: The Contract (“Pravda”), were used as research materials Smolensk with Riga and the Gothic coast, the Charter of Tsar Boris Fedorovich to the Patriarchal Throne, a hundred and a number of normative legal acts of the era of Peter I, including the Military Charter. It is established that the Russian society of the beginning of the XVIII century was objectively ready to create a forensic medical examination in the form of an institute of examination and autopsy of a dead body to find out the causes of death. The conditions in which the monument of law was created were revealed. It is concluded that Peter’s reforms were in many ways ahead of their time, as a result of which a legislative act was created that reflected the advanced trends in the development of law.
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Lebedev, V. A., and E. I. Lebedeva. "The contract will protect the rights of the consumer: a note to the accountant of the medical institution." Buhuchet v sel'skom hozjajstve (Accounting in Agriculture), no. 10 (October 22, 2022): 50–60. http://dx.doi.org/10.33920/med-17-2210-06.

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Amendments to the Law of the Russian Federation “On Consumer Rights Protection”, which entered into force on September 1, 2022, are considered. The changes and significant clarifications concerned the content of the contract for the provision of paid services, namely those of its terms that violate the rights of the consumer and are unacceptable, do not generate legal consequences for the parties to the contract. These legislative innovations should be taken into account when concluding contracts for the provision of paid medical services, but they also apply to relations arising from previously concluded contracts, that is, they are retroactive. A comparative analysis of the draft decree of the Government of the Russian Federation “On approval of the Rules for the provision of paid medical services by medical organizations” in a new edition, including the terms of the contract, infringing on the rights of the patient as a consumer of medical services.
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Schlesinger, Erica, Wesley Geminn, Kenneth C. Hohmeier, and Howard L. Burley Jr. "Development and Implementation of Tennessee Nonresidential Buprenorphine Treatment Guidelines." INNOVATIONS in pharmacy 9, no. 3 (October 19, 2018): 6. http://dx.doi.org/10.24926/iip.v9i3.1317.

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Objective: To describe the recent legislation in Tennessee and subsequent development and implementation of state-wide buprenorphine treatment guidelines. Practice Innovation: In 2016, Tennessee began licensing office-based opioid treatment (OBOT) clinics. Due to initial licensing criteria, not all providers were required to be licensed with the Department of Mental Health and Substance Abuse Services (TDMHSAS). The gap in licensing made it difficult to ensure an appropriate standard of care was being met by all addiction treatment providers. Therefore, the state developed legislation that allowed for the creation of best practice guidelines to encompass all providers of buprenorphine in the state of Tennessee, not just the licensed OBOT clinics. The guidelines define what the standard of care should entail while treating this vulnerable addiction population. Results: Tennessee legislation granted the formation of a committee to create the Tennessee Nonresidential Buprenorphine Treatment Guidelines. The committee was comprised of physicians, pharmacists, lawyers, law enforcement, and state officials. The finalized guidelines were published and effective January 1, 2018, and adopted as policy by the boards of medical examiners, osteopathic examination, and pharmacy shortly thereafter. The guidelines are now enforceable by the boards and give them the ability to discipline physicians who practice outside the standard of care. Conclusion: Tennessee legislation provides a model for other states to take action in combating this opioid crisis by not only increasing access to addiction treatment, but increasing access to quality care. Article Type: Commentary
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Anggriawan, Teddy Prima, Anajeng Esri Edhi Mahanani, Retno Mumpuni, and Alvian Dwiangga Wijaya. "UTILIZATION OF INFORMATION TECHNOLOGY AS A LEGAL EDUCATION MEDIA CONSUMER PROTECTION." UNTAG Law Review 5, no. 2 (November 23, 2021): 1. http://dx.doi.org/10.56444/ulrev.v5i2.2598.

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<span class="fontstyle0">Globalization is currently running in cyberspace, connecting all digital communities. All aspects of human life are influenced by internet information technology, in this case the economic conditions provide very significant changes. Online stores or what we often call e-commerce is a form of change brought about by the internet in terms of shopping innovation by providing various conveniences in the transaction process. Seeing the phenomenon of the rapid development of electronic<br />transactions in Indonesian society, the problem in this research is how to use information technology as a media for consumer protection law education. The research method applied in this study is a normative legal research method. The research is said to be juridical normative because it intends to study and analyze the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles. The type of research used in this writing is doctrinal research.Aims to obtain a systematic explanation of the rule of law. Thus, all benefits to the community will depend on the provisions of the law itself. The element of education then becomes the spearhead to instill attitudes and habits of obedience to existing rules. If all human interests can be fulfilled without disputes or conflicts, then everything that happens regularly will not be questioned about the concept of justice<br />which focuses on what is entitled or who is at fault if someone is harmed by another person. The first indicator is an understanding of the law, a person knows about certain behaviors that have been regulated by law.</span>
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Dissertations / Theses on the topic "Medical innovations – Law and legislation"

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Ding, Chunyan. "Medical negligence law in transitional China a patient in need of a cure /." Click to view the E-thesis via HKUTO, 2009. http://sunzi.lib.hku.hk/hkuto/record/B43913696.

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Lapere, Jan Noel Romain. "Occupational medical examinations and labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/302.

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South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, social policy, distribution of employee benefits and inherent job requirement is analysed through a study of the legal texts, experts’ opinions and case studies. The particularities of the ethical and legal duties of the medical professional, performing the occupational medical examination, are also examined. Finally, a comprehensive analysis of the different forms of occupational medical examinations is compiled by combining legal and policy-related job requirements and is attached as an annexure. This is the practical result of the research in this treatise combined with the personal experience of the author.
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Boy, Anthony Albert. "Dismissal for medical incapacity." Thesis, Nelson Mandela Metropolitan University, 2004. http://hdl.handle.net/10948/d1016262.

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Labour law in South Africa has evolved over the past century at an ever increasing pace. The establishment of a democratic government in 1995 has been the trigger for a large number of labour law statutes being promulgated, particularly with reference to the laws governing the employment relationship and dismissal. From very humble and employer biased dispute resolution application under the common law of contract, labour law in this country has evolved through the various acts culminating in a labour law system which is highly regulated and codified. Dismissal for medical incapacity in this treatise is reviewed with regard to the applicable statutes and the various codes of good practice as the law has evolved and developed from the period covered by the common law through that covered by the 1995 LRA up to and including the current period. Particular attention is paid to both substantive and procedural requirements as well as the remedies applicable under the different legal regimes and the pertinent tribunals and courts. Regard is also given to the duration and causes of incapacity and the effect this may have on the applicable remedy applied by these tribunals. It will become apparant that the medically incapacitated employee occupied a relatively weak and vulnerable position under the common law as opposed to the current position under the 1995 LRA. The influence of the remedies applied by the tribunals under the 1956 LRA are clearly evident in the current regulations and codes under the 1995 LRA which contain specific statutory provisions for employees not to be unfairly dismissed. Distinctions are drawn between permissible and impermissible dismissals, with medical incapacity falling under the former. Furthermore, a distinction is drawn statutorily between permanent and temporary illhealth/injury incapacity with detailed guidelines for substantive and procedural fairness requirements to be met by employers. The powers of the specialist tribunals (CCMA, Bargaining Councils and Labour Courts) are regulated by statutory provisions and deal with appropriate remedies (reinstatement and/or compensation) a wardable in appropriate circumstances. Certain specific areas nonetheless still remain problematic for these tribunals and hence questions that require clear direction from the drafters of our law are: How to distinguish misconduct in alcohol and drug abuse cases? What degree of intermittent absenteeism is required before dismissal would be warranted? In certain other areas the tribunals have been fairly consistent and prescriptive in their approach and remedies awarded. Included here would be permanent incapacity, HIV cases and misconduct. It will emerge, however, that under the 1995 LRA the position of employees and the protections afforded them have been greatly increased.
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Ding, Chunyan, and 丁春艳. "Medical negligence law in transitional China: a patient in need of a cure." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2009. http://hub.hku.hk/bib/B43913696.

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麥栢文. "國際傳統醫藥政策法規的歷史回顧." HKBU Institutional Repository, 2012. http://repository.hkbu.edu.hk/etd_ra/1349.

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Lacroix, Mireille 1971. "Genetic information and the family : a challenge to medical confidentiality." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80935.

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Because of its perceived ability to predict future health and its relevance for family members, genetic information challenges the traditional justifications for medical confidentiality. This thesis examines the question whether a health care professional should have the discretion or a duty to breach confidentiality in order to inform a patient's relatives of their increased genetic risk. There is currently no exception to the statutory, common law and ethical duties of confidentiality for the non-consensual disclosure of genetic information to relatives. Precedents developed in the context of threats of harm and communicable diseases are of limited value. The law should not recognise the existence of a duty to warn in the context of genetics. As a last resort, health care professionals should be authorized, but not required, to disclose genetic risk information when there is a serious risk of preventable harm and when the potential harm of non-disclosure outweighs that of disclosure.
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Wei, Chia-Lee 1971. "Cross-border strategic alliances in the transition of regulated telecommunications." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31178.

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Competing successfully in globalized markets requires a complex mix of product, price, promotion and distribution. It requires novel approaches to ownership in overseas involvement and the development of new modes of global relationships. In response to these needs, new types of alliances are emerging as corporations endeavor to meet the global challenge. At the forefront of globalization, the telecommunications industry is experiencing a high-rate of cross-border alliance formation.
This thesis attempts to straddle both business and legal domains, on national and international levels, to survey the evolution of the telecommunications industry and to envisage the future prospects of multinational telecom carriers with respect to the conduct of transnational alliances for international expansion. Chapter 1 describes the changes occurring in the field of telecommunications, while Chapter 2 and Chapter 3 provide an essential understanding of the motivations and the modalities of cross-border strategic alliances and propose contracting techniques for the purpose of surmounting managerial and operational challenges that may be confronted when engaging in global strategic alliances. With a focus on the telecommunications industry, Chapter 4 explores the motives of and difficulties encountered by multinational telecom carriers in using alliances to expand globally, and examines their business strategies and performing phases. Chapter 5 further questions the necessity of using cross-border strategic alliances in an increasingly international competitive environment by examining the current national and international regimes with respect to the transactions of telecom services. The Conclusion reviews significant factors that may infringe upon the use of strategic alliances as a business strategy.
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Petrusson, Ulf. "Patent och industriell omvandling : en studie av dynamiken mellan rättsliga och ekonomiska idésystem /." Stockholm : Norstedts juridik, 1999. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=008539693&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Salazar, Furiati Maria E. "Legal implications of telecom convergence in the U.S." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31172.

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Convergence has blurred the artificial limits that traditionally existed between separated sectors and services. In particular, technological convergence united cable and telephone networks as convenient platforms for the provision of numerous new telecommunications services. The advent of the Internet and the development of other services started a race for the acquisition of broadband transmission that has, in part, prompted a number of corporate mergers between the major telephone, cable, and Internet service providers.
This thesis analyzes the legal implications of the convergence of cable operators and telephone carriers in the United States of America (U.S.). The analysis was conducted in light of the 1996 Telecommunications Act's provisions, the Federal Communications Commission's reports and orders, and under the critical approaches of the cable and telephone industries. This thesis presents recommendations addressed to promote an equal regulatory treatment for all telecommunications competitors in the U.S.
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Ponce, Michael. "Healthcare fraud and non-fraud healthcare crimes: A comparison." CSUSB ScholarWorks, 2007. https://scholarworks.lib.csusb.edu/etd-project/3233.

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Healthcare fraud is a major problem within the healthcare industry. The study examined medical fraud, its laws, and punishments on federal and state levels. It compared medical fraud to non-fraud crimes done in the healthcare industry. This comparison will be done on a state level. The study attempted to analyze the severity of fraud against non-fraud and that doctors would commit fraud offenses more often than non-fraud offenses.
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Books on the topic "Medical innovations – Law and legislation"

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Faraḥāt, Muḥammad Ibrāhīm. Athar al-taqaddum al-ṭibbī fī al-turāth al-fiqhī. al-Manṣūrah, Miṣr: Dār al-Luʼluʼah lil-Nashr wa-al-Tawzīʻ, 2021.

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Bosch, Matthias A. Medizinisch-technische Verfahren und Vorrichtungen im deutschen, europäischen und amerikanischen Patentrecht. Köln: Heymanns, 2000.

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Bruno, Sturlese, ed. Les sciences de la vie et le droit de la bioéthique. [Bordeaux]: Ecole nationale de la magistrature, Association d'études et de recherches, 1995.

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Raffaele, Prodomo, ed. Progressi biomedici tra pluralismo etico e regole giuridiche. Torino: G. Giappichelli, 2004.

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Alain, Seriaux, and Faculté de droit et de science politique d'Aix-Marseille., eds. Le droit, la médecine et l'être humain: Propos hétérodoxes sur quelques enjeux vitaux du XXIème siècle. Aix-en-Provence, France: Presses universitaires d'Aix-Marseille, 1996.

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Estéfani, Rafael Junquera de. Normas básicas de bioderecho. Madrid: Dykinson, 2010.

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Riches, Anne L. N. Legal issues and technology. North Ryde, NSW: CCH Australia, 1990.

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Yŏnʼguwŏn, Hanʼguk Pŏpche, ed. Ŭiryo chŏngbo wa kwallyŏn sanŏp ŭi tonghyang kwa ippŏp kwaje. Sŏul Tʻŭkpyŏlsi: Hanʼguk Pŏpche Yŏnʼguwŏn, 2006.

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Guido, Gerin, and Dupuy René Jean, eds. Scritti in onore di Guido Gerin. Padova: CEDAM, 1996.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property. Medical Procedures Innovation and Affordability Act and Inventor Protection Act of 1995: Hearing before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 1127 ... and H.R. 2419 ... October 19, 1995. Washington: U.S. G.P.O., 1997.

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Book chapters on the topic "Medical innovations – Law and legislation"

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Zhang, Xinbao. "On Burden of Proof in Medical Negligence." In Legislation of Tort Liability Law in China, 303–24. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-6961-1_12.

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Vasilenko-Zakharova, Olga V., and Anatoly V. Zubach. "Current State of Criminal Legislation and Law Enforcement Practice on Parole in the Russian Federation and the Republic of Lithuania." In Towards an Increased Security: Green Innovations, Intellectual Property Protection and Information Security, 269–74. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-93155-1_30.

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Cracogna, Dante. "Social Enterprises and Benefit Corporations in Argentina." In The International Handbook of Social Enterprise Law, 379–93. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_18.

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AbstractArgentina has no specific legislation on social enterprises or benefit corporations. Notwithstanding, there exist legal forms of organization that can be considered to be the former, and we have begun to see the latter emerge. This chapter considers the BIC (Benefit and Collective Interest) Companies bill passed in 2018 by the Chamber of Representatives of the Argentine Congress, which was moved to the Senate to complete its enactment process. However, since the bill was not discussed by this second Chamber within the period stipulated by the law, it had to be reintroduced in Congress. Two new bills were submitted that reproduce the previous bill’s text with some minor changes. Both are currently undergoing the corresponding legislative process. This review examines the bill passed by the Chamber of Representatives, the innovations included in the two subsequent bills, and the emergent experience of existing benefit corporations.
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Befring, Anne Kjersti. "Norwegian Biobanks: Increased Complexity with GDPR and National Law." In GDPR and Biobanking, 323–44. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_18.

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AbstractNorway is generally regarded as having good opportunities for biobank research because of Biobank Norway—its national infrastructure of biobanks—which represents one of the world’s largest existing resources within biobanking. It covers both consented population-based and disease-specific clinical biobanks. However, the regulatory framework in Norway for biobanking is fragmented, which makes navigating the legal landscape challenging.The Personal Data Act (PDA) implements the General Data Protection Regulation (GDPR), and a few adjustments were made in the national health legislation in order to bring it into line with the GDPR. The Health Research Act (HRA) enables the use of biobanking and personal data in research with and without the consent of individuals. There are some disagreements about the changes brought about by the GDPR when it comes to research on biological material that includes personal data. When implementing GDPR Article 89, it was emphasised that the Data Protection Officer (DPO) has an important role even though the research ethics committee has allowed the use of data (the regional committee for medical and health research ethics (REC)). This has created conflicts. This article highlights key issues and ambiguities related to the GDPR and national legislation, and the relationship between the two.
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"Patient records and FOI legislation Privacy guidelines." In Medical Law, 392–410. Routledge-Cavendish, 2002. http://dx.doi.org/10.4324/9781843144748-31.

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Jackson, Emily. "15. Assisted Conception." In Medical Law, 792–860. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0015.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the regulation of assisted conception. It first examines the regulation of assisted conception in the UK, which involves a detailed look at the legislation: the Human Fertilisation and Embryology Act 1990, and the work of the Human Fertilisation and Embryology Authority (HFEA). The chapter analyses: the licensing procedures through which clinics are inspected and authorized to perform certain procedures; access to treatment; consent to the use of gametes (sperm and eggs); gamete donation; rules governing the parentage of children; and preimplantation genetic diagnosis (PGD). It also considers mitochondrial transfer and genome editing.
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Kapley, David J., and John R. Cooke. "Trends in Antistalking Legislation." In Stalking. Oxford University Press, 2007. http://dx.doi.org/10.1093/oso/9780195189841.003.0014.

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This chapter examines antistalking statutes in the United States and abroad. All state and the federal governments have adopted legal mechanisms to address stalking. These enactments attest to the growing awareness of stalking with its associated suffering and economic losses. The statutes are remarkable for both their innovation and their diversity, as different jurisdictions have chosen a wide variety of approaches. In the United States, this variety can be attributed in part to the division of law-making power inherent in federalism, as well as linked to the challenging nature of a problem whose characteristics and effects are just now coming into focus. International legal strategies also vary. In both U.S. and international statutes, criminal law is most often invoked, but civil remedies are increasing. The latter includes injunctions and protection orders, as well as civil rights of action, notice provisions, stalker surveillance, stalker registries, victim compensation, and mental health evaluations and treatment. The murder of the television actress Rebecca Schaeffer in 1989 drew a great deal of media attention to the problem of stalking; in 1990 California became the first state to adopt an antistalking law. The movement progressed rapidly: by 1996, all 50 state legislatures and the U.S. Congress had passed antistalking legislation. There is considerable variation in the existing antistalking laws. Academic commentators have raised questions concerning the constitutionality of these laws under the state and federal constitutions. Early concerns were that limiting a stalker’s contact with his victim might unreasonably intrude on the stalker’s First Amendment rights of free speech and assembly. Statutes were criticized as being vague and overbroad in limiting these rights (Faulkner & Hsiao, 1993). In general, however, state courts have not been receptive to such claims (see, e.g., Bouters v. State, 1995). For example, the Supreme Court of Montana upheld the constitutionality of that state’s antistalking statute against an argument that the law violated the defendant’s free speech rights, finding that the law was not unconstitutionally vague since certain undefined terms had an accepted common usage (State v. Martel, 1995).
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Jackson, Emily. "1. An Introduction to Bioethics." In Medical Law, 1–35. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0001.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, which provides an introduction to bioethical reasoning, first explains the meaning of ‘medical ethics’ and the more recent term ‘bioethics’. It then considers how medical ethics has borrowed from different traditions in moral philosophy and varieties of ethical reasoning—from religious bioethics to a feminist ethic of care.
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Jackson, Emily. "15. Assisted Conception." In Medical Law, 819–91. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192843456.003.0015.

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This chapter examines the regulation of assisted conception in the UK, which involves a detailed look at the legislation: the Human Fertilisation and Embryology Act 1990, and the work of the Human Fertilisation and Embryology Authority (HFEA). It examines: the licensing procedures through which clinics are inspected and authorized to perform certain procedures; access to treatment; consent to the use of gametes (sperm and eggs); gamete donation; rules governing the parentage of children; and preimplantation genetic diagnosis (PGD). It also considers mitochondrial transfer and genome editing.
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Jackson, Emily. "3. Medical Malpractice." In Medical Law, 121–94. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0003.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the law on medical malpractice. It covers breach of contract; establishing a case for negligence and the defences available; problems with clinical negligence; reforming the clinical negligence system; the NHS complaints system; professional regulation; whistleblowing; and criminal liability for gross negligence manslaughter and the new offence of wilful neglect. It also looks at the special issues raised in wrongful pregnancy and wrongful birth cases.
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Conference papers on the topic "Medical innovations – Law and legislation"

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Vlašković, Veljko. "ŽENA KOJA ŽIVI SAMA KAO KORISNICA USLUGA BIOMEDICINSKI POTPOMOGNUTE OPLODNjE." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.651v.

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One of significant legal innovations brought by the new domestic Law on Medically Assisted Reproduction involves widening the concept of reproductive autonomy in case of single woman as a user of medically assisted reproduction services. Thus, the new Serbian legislation in this field adopts quite liberal approach which largely relieves single woman to engage in medically assisted reproduction procedure. Firstly, the right of a single woman to access the medically assisted reproduction is not formulated as an exemption from the rule that such right belongs primarily to marriage couples and cohabitants. In this way, medically assisted reproduction is permitted under same conditions to single woman as for the spouses and cohabitants. Even more, new Serbian legislation in this field has abolished the principle of medically necessity in case of a single woman as a user of medically assisted reproduction. Thus, she has been given even bigger reproductive autonomy in domain of medically assisted reproduction comparing to those of marriage couples or cohabitants. Such unchecked and overwhelming reproductive autonomy significantly impairs the balance among the interests of participants in medically assisted reproduction procedures endangering the public interests, as well as the best interests of the prospective child.
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Kobzeva, N. D., R. S. Durov, E. V. Varnakova, and K. O. Kobzev. "DEVELOPMENT OF MEDICAL LAW FROM ITS ORIGINS TO THE PRESENT STATE." In STATE AND DEVELOPMENT PROSPECTS OF AGRIBUSINESS. DSTU-PRINT, 2020. http://dx.doi.org/10.23947/interagro.2020.1.597-599.

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This article examines the historical aspects of the formation of medical law, actualizes the main legal acts of Russia in the field of health care. Several chronological stages of development of the Russian legislation in the field of medical activity are allocated.
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TROFIMOV, Egor, and Oleg METSKER. "Computer Techniques and Indicators in the Policy of Optimization of Legislation and Law Enforcement." In Proceedings of the International Conference Digital Age: Traditions, Modernity and Innovations (ICDATMI 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201212.012.

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Ferreira Gama, Carlos Alexandre, and Adriana S Vivacqua. "The cooperative dynamics of Brazilian Oil and Gas Innovations Systems A Research Proposal." In XV Simpósio Brasileiro de Sistemas Colaborativos. Sociedade Brasileira de Computação - SBC, 2019. http://dx.doi.org/10.5753/sbsc.2019.7801.

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Brazilian legislation for the oil and gas sector stipulates a mandatory R&D investment for Oil and Gas Companies. This so-called Petroleum Law led to the establishment of an Innovation System between Universities, Government and Industry (UGI) in which relations between industry researchers and university professors are the heart of this system. From this perspective, modeling the social dynamics of researchers and professors could be considered a relevant contribution to understand the complex dynamic of this Innovation System. This article presents a research proposal to analyze and simulate the social dynamics of cooperation between researchers and professors through the Complex Adaptive Systems lens, in order to understand and measure the possible effects of the investment policy adopted by Brazilian government .
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Shalkharov, Y. S. "DEVELOPMENT OF THE MEDICAL LAW SYSTEM IN EUROPE AND ASIA BY THE WAY OF CONSTRUCTION WELL ORGANIZED MEDICAL CARE INSURANCE SYSTEM BASED ON CONSUMER PROTECTION LEGISLATION." In The First International conference on development of jurisprudence in Eurasia. Viena: East West Association GmbH, 2014. http://dx.doi.org/10.20534/icdje-1-15-17.

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Soković, Snežana. "Falsifikovanje lekova i medicinskih sredstava – opravdanost i karakteristike krivično-pravne reakcije." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.741s.

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In the activities of suppression of counterfeit medical products, the interests and interventions of various branches of private and public law, intellectual property law, medical law of the public health protection and criminal law, overlap. Considering that actions of suppression of counterfeit medicines are often reduced to protection of commercial interests and court procedure of determining the right to compensation, and less to protection of public health interests and procedure of criminal intervention, the paper discusses the legitimacy of criminal law measures in suppression of counterfeiting of medical products. The aim of the paper is to point to the role and mechanisms of criminal law in the global system of suppression of medical products counterfeiting, bearing in mind that last year the Republic of Serbia signed the CoE Convention on the counterfeiting of medical products and similar crimes involving threats to public health (MediCrime Convention). After analyzing the scope and consequences of counterfeiting of medical products and problems in suppression of this phenomenon, it is concluded that the legitimacy of criminal law intervention justifies the evident "pandemic" expansion of the market of counterfeit medicines and the almost complete lack of incrimination of counterfeiting of medicines in national legislation. The paper presents the system of criminal law measures established by the Convention and analyzes the relationship of substandard, unregistered and generic medicines in relation to the category of counterfeit medicines defined by the Convention.
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Efremova, Irina, Elena Koloyartseva, Egor Maslov, Yana Malinina, and Anastasia Shuvalova. "Extremism and terrorism: problems of legislative definition and criminal law countermeasures." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshssfmtm1665.

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The world community is undergoing significant changes. Along with positive development processes, there are also negative ones – extremism and terrorism. A comprehensive analysis of extremism and terrorism will make it possible to identify the problems of their legislative definition, legal regulation, criminal law counteraction and develop proposals for improvement of the current domestic legislation in this part. The research methodology is represented by the dialectical method, general scientific (logical, analysis, synthesis, systemic) and private scientific (formal legal) methods. Results of the study: it is proposed to define at the legislative level the terminology of the concepts of “extremism” and “extremist activity”, to make a legislative distinction and formalize their legal definition, as well as the legal definition of crimes of a terrorist nature (the latter should be defined in the footnote to Article 2054 of the Criminal Code of the Russian Federation, indicating the list specific criminal encroachments, adding this definition to the resolution of the Plenum of the Supreme Court of the Russian Federation dated July 28, 2011 No. 11); to separate the term “terrorism” from the term “extremist activity”. Conclusions: to distinguish the concept of extremism from extremist activity by amending specific regulatory legal acts and by-laws, to Formulate the concept of “extremism”, “crimes of a terrorist nature”. The novelty of the study is due to the non-trivial approach of the authors, which combines the innovations of domestic and foreign criminal law doctrine into a single complex to achieve the goal.
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Vlasov, Dmitry. "SYNERGY OF THE BUSINESS COMMUNITY ELECTRONIC PLATFORM FOR INTERNATIONAL ECONOMIC ACTIVITY PARTICIPANTS AND UNIFIED AUTOMATED INFORMATION SYSTEM OF CUSTOMS SERVICES (UAIS) AS A BREAKTHROUGH TECHNOLOGY FOR RUSSIAN TRANSIT POTENTIAL GROWING AND STRENGTHENING COOPERATION IN THE INTERNATIONAL MARKET." In Globalistics-2020: Global issues and the future of humankind. Interregional Social Organization for Assistance of Studying and Promotion the Scientific Heritage of N.D. Kondratieff / ISOASPSH of N.D. Kondratieff, 2020. http://dx.doi.org/10.46865/978-5-901640-33-3-2020-128-138.

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The implementation of communication identification tools in form of comprehensive triple toolkit as part of the “transparent international transport green corridor” will significantly simplify and accelerate the rate of passage and movement for transit foreign trade cargo flows. It will help law-abiding business community as foreign trade participants to follow the customs legislation within the customs territory of the EAEU, as well as to follow the level and quality of customs control at border checkpoints and within the route of goods along the entire transport corridor. The innovations will provide a huge regional infrastructure and socio-economic stability of regions, districts and settlements, thus it will lead to the stable employment of Russia and other EAEU citizens, as well as other world country-partners that take part in the “transparent international transport green corridor”.
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Nowak, Niclas, Christian Sirtl, Othmar Rymann, Paul Flynn, Christian Stieler, and Marc-Tran Heller. "Aerosol Separation and Pressure Control of a Smart Crankcase Ventilation System." In ASME 2022 ICE Forward Conference. American Society of Mechanical Engineers, 2022. http://dx.doi.org/10.1115/icef2022-90191.

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Abstract Crankcase ventilation systems are coming into new focus due to safety concerns associated with alternative fuels such as ammonia and hydrogen. In addition, innovation is being driven by increasingly stringent legislation that plays an important role in limiting crankcase emissions. This study characterizes aerosol separation and pressure control of a modern crankcase ventilation system, which is referred to as “smart” due to enabling monitoring, diagnostics, and predictive maintenance. Experiments were conducted on custom-built and commercial test rigs that mimic the physical conditions to which crankcase ventilation systems are subjected. The main findings were that the pressure drop of the filter media followed the profile described by the “jump-and-channel model”, also indicating the presence of an oil film. However, such an oil film was not detected on the full-size element, which had a positive effect on the pressure drop. Excellent separation efficiencies around 99.9% were achieved for all flow rates and filter conditions. In addition, re-entrainment of oil was not detected. The electronic pressure regulator (EPR) was found to accurately (± 1 mbar) adjust the crankcase pressure to the required level. Moreover, the fully open EPR featured a low differential pressure of about 1 mbar, which effectively reduces crankcase peak pressure during engine startup. These features exceed those of conventional pressure control valves. In addition, only the electronic regulator enables “smart” features.
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Vlašković, Veljko. "USLUGE PREDUZIMANjA VEĆIH MEDICINSKIH ZAHVATA NAD DETETOM SA ASPEKTA VRŠENjA RODITELjSKOG PRAVA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.639v.

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Parental consent on undertaking the child's major medical treatments constitutes the issues that significantly affect the life of the child. In that sense, undergoing such medical treatments demands explicit and written consent of both parents, encompassing even the cases of sole exercise of parental responsibility in domestic legislation. Firstly, the author tries to define the concept of major medical treatments taking into account rules of the Law on the Rights of Patients. It has been found that this concept involves exceptional diagnostic and therapeutic invasive medical measures that may have significant effect on the child' right to life, survival and development. Furthermore, special attention is paid to the child's autonomy enforcement in the context of parental consent to the child's major medical treatments. It has been shown that applying the principle of the best interests of the patient in the domain of medical service provision requires bigger involvement of paternalistic elements reducing even the autonomy of the competent child. Finally, this paper suggests legal mechanisms that can be used for overcoming the problems of parental disagreement on undertaking child's major medical treatments. These mechanisms differ in their compliance to the concept of urgent medical measures
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Reports on the topic "Medical innovations – Law and legislation"

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LEONOV, T. M., V. M. BOLSHAKOVA, and P. YU NAUMOV. THEORETICAL AND LEGAL ASPECTS OF PROVIDING MEDICAL ASSISTANCE TO EMPLOYEES OF THE MILITARY PROSECUTOR’S OFFICE. Science and Innovation Center Publishing House, 2021. http://dx.doi.org/10.12731/2576-9634-2021-5-4-12.

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The work is devoted to a comprehensive study of medical support, incl. sanatorium-resort treatment of employees of the military prosecutor’s office and members of their families (persons who are dependent on them). It is noted that health care is structurally included in services that, in addition to cash payments and benefits in kind, represent the entire social security system. The main attention in the article is focused on the analysis of the normative legal regulation of the health protection of employees of the military prosecutor’s office, as well as the provision of medical assistance to them (prophylactic medical examination, medical examination, military medical examination, medical and psychological rehabilitation, sanatorium treatment, reimbursement of expenses for drugs and treatment) of proper quality and in the required volume. The key scientific results of the study are the generalization of legal information and scientific knowledge about the procedure for providing medical assistance to employees of the military prosecutor’s office. The main scientific results of the article can be applied to organize training in the discipline «Military law and military legislation». The article will be of interest to persons conducting scientific research on the problems of social protection of servicemen and their families.
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