A sociosemiotic exploration of medical legislation reform in China (1990–2021)

The medical service system is an important guarantee for human rights to survival, health and development of every social member, and thus it is significant to explore, interpret and explain the diachronic construction for its legislative reform. In a corpus approach, the study firstly collects the medical-related statutes from 1990 to 2021 in China to build the P.R.C. Medical Legislation Corpus (PRCMLC), and analyzes the keywords and their collocation in the exploratory, explosive and expanding phase of the medical legislative reform. Secondly, from the perspectives of sociosemiotics, the PRCMLC data is combined with the concrete medical laws and regulations for further discussion of the MSS, MIS, DSS and PHS in legislative system. Thirdly, the study explores the core legislative ideas and the relationships among the subsystems in the diachronic analysis, which provide a general overview of the legislative objects, target, participants and mechanisms in the medical reform of China.

THE IMPORTANCE OF INTRODUCING MEDICAL LEGISLATION IN THE UNIVERSITY TRAINING PROGRAM FOR STUDENTS

The place of medical legislation in the university curriculum remains somehow uncertain and should be identified more clearly. A more robust knowledge base on the law is needed to enable medical students to develop sufficient legal competence to manage the challenges of future practice. Further research is needed to identify the most effective methods of teaching, learning and assessing legal knowledge and skills, during and after the completion of initial medical education. An in-depth analysis of resources shows that there is no robust evidence base that evaluates the impact in different curricular structures of the efficient methods in developing the knowledge, skills, attitudes, and behaviors needed in medical practice of student. Moreover, only a limited number of studies refer to the results and effectiveness of teaching and learning the elements of medical legislation.

LEGAL ASPECTS OF PROTECTION OF MEDICAL WORKERS DURING PROFESSIONAL ACTIVITY

The issues of protection of the rights of medical workers have recently become especially relevant. Modern medical legislation is due to the imperfection of the legal framework and, consequently, the lack of resources to improve the legal literacy of health professionals, in connection with which they often find themselves in difficult situations. The article highlights the main legal acts that regulate the interests in the field of health care and form a model of the doctor-patient relationship.Objective: to prove in an accessible form to health professionals the main legal acts to maintain their knowledge in the legal field and to explain the mechanisms for minimizing conflict situations during professional activities.

System of drugs circulation based on medical and pharmaceutical law

It is proved that the harmonization of medicine and pharmacy to the EU requirements is based on the components of medical and pharmaceutical law: medical legislation, pharmaceutical legislation, forensic pharmacy, evidence-based medicine, evidence-based pharmacy, drug control regime. An interpretation of the components of medical and pharmaceutical law is given. The system of circulation of medicines is resulted.

SURROGACY: ON THE CONFLICT OF LEGAL POSITIONS IN THE POSTMODERN STYLE

В статье рассматриваются вопросы, обусловленные противоречивыми подходами российского законодателя и российских судов к институту суррогатного материнства, в той его части, которая фиксирует статусы суррогатной матери и генетических родителей относительно судьбы ребенка, рожденного в результате их участия в соответствующей программе. Предлагается анализ двух определений Конституционного Суда РФ, трех особых мнений судей данного Суда и постановлений Верховного Суда РФ по данному вопросу. Констатируется наличие явной коллизии этих правовых позиций. Выражается надежда на снятие означенной коллизии и, главное, на справедливую корректировку норм семейного и медицинского законодательства, посвященных этой проблеме. The article examines the issues caused by the conflicting approaches of the Russian legislator and Russian courts to the institution of surrogate motherhood, in that part of it, which fixes the status of a surrogate mother and genetic parents regarding the fate of a child born as a result of their participation in the corresponding program. An analysis of two definitions of the Constitutional Court of the Russian Federation, three dissenting opinions of the judges of this Court and the decision of the Supreme Court of the Russian Federation on this issue is offered. The presence of a clear conflict of these legal positions is stated. Take hope on expressed for the elimination of the aforementioned conflict and, most importantly, for a fair adjustment of the norms of family and medical legislation dedicated to this problem.

Ethical Issues, Discrimination and Social Responsibility Related to HIV-Infected Patients

The aim of the present study was to assess the attitude of students attending 4th and 6th year of the Faculty of Dental Medicine in Iasi towards HIV-seropositive patients. A questionnaire was elaborated, containing 14 ethic statements related to some aspects they may encounter in their future career: the observance of confidentiality and the rights of HIV/AIDS infected patients, the refusal of dedicated treatment and the appreciation of discrimination in this situation. The results have identified some negative aspects regarding the above mentioned issues, mainly in terms of the refusal of specialized treatment. A percentage between 47.4% and 38.4% of the students strongly agreed to the affirmations according to which the risk of cross-infection and the lack of some safety conditions at work may be a reason for the refusal to provide dental treatment. The responses referring to discrimination suggest that there is a negative attitude towards the following aspects: the treatment of HIV-infected patients in different offices, the refusal to continue treatment after confirmation of the diagnosis, the refusal to cooperate with an infected colleague. Only 57.8% of the subjects considered the refusal of treatment as discrimination, with no statistical differences between the years of study. The results suggest both the need to modify the academic curriculum by introducing some ethics and medical legislation courses, and the adoption of a strategy for the increase of empathy and social responsibility in relation to this group of discriminated persons.

Current bioethical problems and their legal dimension

Considering the contemporary bioethical problems that have become aggravated in conditions of the new coronavirus pandemic (COVID-19), the author comes to the conclusion that their criminal-legal “dimension” is derived from positive regulation. Criminal liability for acts related to the use of new biotechnologies can be established only if they are “primary” prohibited in medical legislation. The assessment of the justification of the risks of medical intervention from the position of art. 41 of the Criminal Code of the Russian Federation is directly linked with the observance of the rules of medical care, which already contain acceptable risk limits. If at the level of primary positive regulation there is no required legal distinctness (as in the situation with the “collision of lives” of patients with the same medical indicators), then the corresponding bioethical problem cannot be resolved by criminal legal means.

CONSTITUTIONAL AND ADMINISTRATIVE ASPECTS OF THE UKRAINE’S MEDICAL CODE

The aim of this study is to show which aspects of Ukraine’s constitutional and administrative law should appear in Ukraine’s future medical code. Materials and methods: The authors analyse five pieces of law or proposed law, including the 1996 Constitution’s provisions on health care, Law the Fundamentals of Health Protection and the main codes. The authors apply classical legal analysis to these laws – analyzing the first three chapters of the proposed medical code from a constitutional and administrative perspective. The other methods used by the authors are systemic, comparative and synergetic. Conclusion: Ukraine needs a medical code incorporating international and European health care standards. Such a code will also further develop the country’s medical legislation. Yet the proposed project has many constitutional and administrative weaknesses.

The Ethics and Legality of Using Personal Smartphones to take Medical Photographs

ABSTRACT: Photography in the medical profession is an asset that may help during patients’ follow-up, monitoring the progression of diseases, getting a second opinion and in medical educational activities. Advances in technology, specifically smartphones, have enabled medical professionals to obtain high-quality photographs with minimal effort and photography experience. This article discusses the ethics and legality of using personal smartphones in a medical professional setting for medical photography. Written informed consent should always be obtained from the patient and should include details about how the photographs will be used.Keywords: Photography; Smartphone; Informed Consent; Ethics; Medical Legislation; Publications; Medical Education; Oman.