Health Law Research Articles

Use of Healthy Family Toilets In Pangkajene Kepulauan District Village

According to World Bank data in 2010, the existence of latrines in Indonesia is around 22%. Nationally, for urban areas it is 79% and for rural areas 49%. Most of the waste disposal is still carried out into rivers or using dug wells that do not meet the requirements, thereby polluting groundwater. Health development is essentially an effort made by all components of the Indonesian nation which aims to increase awareness, ability and desire to live healthily for everyone in order to achieve the highest level of public health (Law No. 36 of 2009 concerning Health of 2009 Article 3). One of the health developments carried out is the development of adequate sanitation for the community. This research aims to determine the factors related to the use of family latrines in Pangkep Village. Based on data from the Community Health Center, Pangkep Village is the village with the lowest percentage of households with access to healthy toilets. Research methods; using quantitative analytics with cross sectional methods complemented by qualitative analytics. The population of all 433 family heads living in Pangkep Village using stratified random sampling obtained a sample of 228 family heads. Research results; shows that there is a significant relationship between family latrine use and knowledge (p value 0.019), attitude (p value 0.014), economic status (p value 0.000), latrine ownership (p value 0.000), availability of clean water (p value 0.029 ), role of health workers (p value 0.000), as well as support from community and religious leaders (p value 0.000). The variable of latrine ownership is the most dominant in family latrine use with a prevalence risk (5.879), which means that respondents who do not have a latrine have a 5.879 times greater chance of not using a family latrine. So it can be concluded that there is still low awareness of the community in Pangkep Village using family latrines. For this reason, it is recommended that health workers continue to provide guidance and education to the community and include community participation in implementing the program.

THE DEVELOPMENT OF ANDROID- BASED MIDWIFERY LAW APPLICATIONS IN THE IMPLEMENTATION OF INDEPENDENT MIDWIFE PRACTICES

Problems in health services are closely related to the midwifery Profession, in providing health services neglicences or malpractice can occur. some problems arises when a midwife Is negligent in carrying out health services and does not comply with her authority. This research using normative development Research, this research is to create Android-based Midwifery Law application software as a reference that can be easily applied in carrying out independent midwifery practices that apply in accordance with the Law.Number 17 of 2023 concerning Health, onArticle 454 of Law 17/2023 regulates 11 laws that are revoked and declared invalid. The results of this research conclude that the Android-based Midwifery Law application can be installed, so that the Android-based Midwifery Law application becomes an electronic means for understanding and searching for applicable midwifery regulations. All statutory regulations which constitute the implementing regulations of the Midwifery Law are declared to still be valid as long as they do not conflict with the provisions of the Health Law, namely, Minister of Health Regulation No. 28 of 2017 concerning Licensing and Implementation of Midwife Practice,Minister of Health Decree 320 of 2020 concerning Midwifery Professional Standards,Minister of Health Decree 1261 of 2022 concerning Work Competency Standards in the Field of midwifery.

China’s Compliance to International Health Law and Its Implication to Global Health Security

The Covid 19 pandemic presented a defining challenge to public health and global security. The outbreak of the pandemic in China and its global implications raised persistent doubts of states’ compliance to international health laws. The pandemic therefore, provides an opportunity for us to ascertain the extent to which China adhered to the International Health Regulations. Though a great deal of experts have scrutinized Chinese public health policies in the aftermath of the pandemic, China’s compliance to the 2005 International Health Regulation and its implication to global health security remained unclear. The analysis is largely derived from the Global Health Security-GHS Index and other primary legal texts. The GHS Index represents the first comprehensive unit of measurement of global health security across 195 countries that are parties to the 2005 International Health Regulations. The outcome of the analysis exposed significant gaps in China’s compliance to international health laws. It also indicates that, though international health laws provide useful guidance to prevent, respond and manage pandemics, they are implemented in an ad hoc manner and generally have few tools at their disposal to enforce compliance. China’s failure to timely and adequately discharge its duties under the International Health Regulation prior to and in the wake of Covid 19 shows that the international community needs a new legal enforcement mechanism to ensure that states act promptly, transparently and effectively to protect the world’s population against pandemics. The challenge of a lack of statutory enforcement mechanism is insurmountable and it remains uncertain what the future holds for global health security.

Improving availability and accuracy of the junior doctors’ on-call handover through digitalisation

Clinical handovers from out-of-hours activity are essential for relaying information about events such as new admissions, outstanding or complete investigations, physical health reviews, ward jobs and risk. This information enables...

Development of Public Health Law in Malaysia

Public health law’s main objective is to pursue the highest possible level of physical and mental health in the population, consistent with the values of social justice. Most public health laws have compounding of offences as their first line with subsequent offences being in the realm of the courts. Public health agencies are the prime mover of public health law after its initial passing, through its enforcement. Public health laws enforced are divided by function, i.e. communicable disease control and prevention, food safety and quality, tobacco products control, drinking water quality control and occupational safety and health. Public health is also ensured by regulation of medical practitioners, and health facilities and services. Local authorities enforce by-laws for health in addition to enforcement of public health laws by the inspectorate units in the district health office. Public health law is an excellent example of law and whole-of-government approach that is most effective when seen and realised by the community itself to be fair and necessary in preventing illnesses and saving lives.

Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries

ContextPublic health law is an important tool in non-communicable disease (NCD) prevention. There are different approaches available for achieving policy objectives, including government, co-, quasi- and self-regulation. However, it is often unclear what legal design features drive successes or failures in particular contexts. This scoping review undertakes a descriptive analysis, exploring the design characteristics of legal instruments that have been used for NCD prevention and implemented and evaluated in OECD countries.MethodsA scoping review was conducted across four health and legal databases (Scopus, EMBASE, MEDLINE, HeinOnline), identifying study characteristics, legal characteristics and regulatory approaches, and reported outcomes. Included studies focused on regulation of tobacco, alcohol, unhealthy foods and beverages, and environmental pollutants.FindingsWe identified 111 relevant studies evaluating 126 legal instruments. Evaluation measures most commonly assessed implementation, compliance and changes to the built and lived environment. Few studies evaluated health or economic outcomes. When examining the design and governance mechanisms of the included legal instruments, government regulation was most commonly evaluated (n = 90) and most likely to be reported effective (64%). Self-regulation (n = 27) and quasi-regulation (n = 5) were almost always reported to be ineffective (93% and 100% respectively). There were few co-regulated instruments evaluated (n = 4) with mixed effectiveness. When examining public health risks, food and beverages including alcohol were more likely to be self- or quasi-regulated and reported as ineffective more often. In comparison, tobacco and environmental pollutants were more likely to have government mandated regulation. Many evaluations lacked critical information on regulatory design. Monitoring and enforcement of regulations was inconsistently reported, making it difficult to draw linkages to outcomes and reported effectiveness.ConclusionsFood and alcohol regulation has tended to be less successful in part due to the strong reliance on self- and quasi-regulation. More work should be done in understanding how government regulation can be extended to these areas. Public health law evaluations are important for supporting government decision-making but must provide more detail of the design and implementation features of the instruments being evaluated – critical information for policy-makers.

Pelindungan Hukum bagi Bidan Memberikan Pelayanan Obat kepada pasien dalam Praktik Kebidanan di Daerah Terpencil

Providing drug services to patients in midwifery practice in remote areas is regulated in Article 273 of the Health Law which states that: "personnel in carrying out practice have the right to obtain legal protection as long as they carry out their duties in accordance with professional standards, professional service standards, and standard operational procedures and professional ethics, as well as patient's health needs. Likewise, Article 19 of the Minister of Health's Permit and Practice of Midwives also states that "in carrying out practice/work, midwives have the right to obtain legal protection in carrying out practice/work as long as they comply with standards." The purpose of this paper is to analyze the authority of midwives to provide drug services to patients in midwifery practice and examine the form of legal protection for midwives in carrying out practice. The author uses a research method with a normative juridical type and approaches the problem using legislation, a conceptual approach and a comparative approach.
 
 Keywords: Medication Administration by Midwives, Legal Protection

Evolution of China’s Right to Health Legislation: A Historical Analysis and Contemporary Insight into Occupational Health Protection

Health is said to be the fundament for personal survival and development, happiness, and is the source ofprosperity and social progress for any nation. During the 20th National Congress of the Communist Party in China, it was ascertained that the protection of people’s health was given greater priority over development strategies. This article explored the changes and evolution of health laws in China over the past seven decades and specifically focused on the recent changes made to the law on the Prevention and Control of Occupational Diseases and the Occupational Health Protection Action Plan. The occupational health protection action plan outlined the objectives and specific actions and emphasized the importance of a systematic approach to safeguarding the health rights of workers. This article summarized the potential opportunities for further research and policy considerations aimed at addressing challenges in the evolving landscape of occupational health in China.

Informal welders' occupational safety and environmental health risks in northwestern Tanzania.

Often with minimal formal training and protections, informal welders face significant occupational health and safety (OSH) risks. This cross-sectional study of 219 adult informal welders at 70 informal welding sites in Mwanza City, Tanzania aimed to: 1) capture knowledge and awareness of occupational risks and safety precautions, training, and self-reported work-related injuries and illness and 2) observe worker use of personal protective equipment and site safety. We hypothesized that knowledge, awareness, and site inspections would improve use of PPE and that improved safety and site inspections would reduce self-reported injuries and illness. A generalized linear model (GLM) was used to model all relationships. Robust standard error estimation was used to avoid overestimation of parameters. Having a post-secondary education (aβ = 1.01, 95% CI: 0.962, 1.061; p = 0. 0679), having training in OSH (aβ = 0.927, 95% CI: 0.872, 0.984, p = 0.014), increased knowledge of occupational risks (aβ = 1.305, 95% CI: 1.143, 1.491; p<0.001), and knowledge of safety measures (aβ = 1.112, 95% CI: 0.881, 1.404; p = 0.372) increased PPE use by 1%, 7.3%, 30.5%, and 11.2% respectively. Workers who used PPE were less likely to experience fire explosions (AOR = 0.149, 95% CI: 0.029, 0.751; p = 0.02), radiation exposure (AOR = 0.097, 95% CI: 0.016, 0.579, p = 0.01) or electric shocks (AOR = 0.012; 95% CI: 0.001, 0.11, p<0.001). Having increased knowledge of safety practices also decreased the odds of fire explosions (AOR = 0.075, 95% CI: 0.018, 0.314; p<0.001). Those with higher knowledge of occupational risk (aβ = 1.57, 95% CI: 1.404, 1.756; p<0.001) and safety measures (aβ = 1.628, 95% CI: 1.34, 1.978; p<0.001) were more likely to have more positive attitudes towards safety practices. Our findings suggest that comprehensive targeted interventions including increased knowledge of occupational risks, safety practices, and occupational health law through training, along with enforcement and inspection by government officials, would benefit the environmental and occupational health for informal welders.

Legal Protection Analysis for Doctors and Patients Regarding Alleged Diagnosis Errors in Telemedicine Healthcare Services in Indonesia

One of the advancements in the field of healthcare aimed at improving the quality of healthcare services is telemedicine. With numerous cases in healthcare services, such as diagnostic errors, there is a need for legal protection for both doctors and patients as legal subjects in telemedicine healthcare services. The aim of this research is to understand the juridical overview of telemedicine healthcare services and the legal protection for doctors and patients. The research method used in this study is normative juridical research type and the statute approach (legislation) and legal sources used are primary legal materials in the form of legislation related to Health and secondary and tertiary legal materials in the form of journals, books, and other media. The results of this research indicate that patients affected by diagnostic errors can file complaints to the Indonesian Medical Disciplinary Board or seek compensation through non-litigation processes. Law Number 17 of 2023 concerning Health does not explicitly regulate legal protection for doctors and patients in telemedicine services. Article 172 only stipulates the administration and qualified medical personnel in telemedicine services. Government regulations are expected to further regulate this matter as implementing regulations. In cases of diagnostic errors that harm patients, resolution is usually done outside the courts through non-litigation alternatives. Patients can file complaints to the Indonesian Medical Disciplinary Board. Furthermore, patients can also settle losses according to the Health Law, both through non-litigation and litigation means. Keywords: Legal Protection, Doctors, Patients, Telemedicine

Health policy competencies in regional organizations: a retrospective analysis for 76 regional organizations from 1945 to 2015

BackgroundHealth policy competencies of regional organizations include mandates to create regional health laws and policies, as well as authorities that allow member states to undertake collective actions in the health field. The examination of the health policy competencies of regional organizations is essential, as it constitutes an important prerequisite for regional organizations to govern regional health. This study aims to map the development trajectory of health policy competencies in regional organizations worldwide and investigate their potential correlates. This will contribute to the enhanced promotion of both existing and new regional health cooperation.MethodsThis retrospective analysis utilized the health policy competencies of the 76 regional organizations worldwide from 1945 to 2015, as investigated in the Regional Organizations Competencies Database. By aggregating member state data from various sources such as the IHME Global Burden of Disease 2019, the World Bank, and the World Trade Organization, we extracted the mean values and coefficients of variation for the covariates in regional organization characteristics, socioeconomic and demographic factors, health status and health-system capacity. The correlation between changes in the health policy scope of regional organizations and independent variables was analyzed using Poisson pseudo-likelihood regression with multiple levels of fixed effects.ResultsFrom 1945 to 2015, the number of regional organizations with health policy competencies experienced a slow growth stage before 1991 and an explosive growth stage post-1991. By 2015, 48 out of the 71 existing regional organizations had developed their health policy competencies, yet 26 (54.2%) of these organizations possessed only 1–2 health policy competencies. An enhancement in the health policy scope of a regional organization correlated with its founding year, a greater number of policy fields, higher under-five mortality, and larger disparities in trade and healthcare access and quality indexes among member states. In contrast, larger disparities in population, under-five mortality and health worker density among member states, along with more hospital beds per capita, were negatively correlated with the expansion of a regional organization’s health policy scope.ConclusionSince 1991, there has been a surge of interest in health among regional organizations, although health remains a secondary priority for them. The health policy competencies of regional organizations are pivotal for promoting social equity within regional communities. Its establishment is also closely linked to the level and disparities among member states in aspects such as trade, population, child mortality rates, and health system capacity.

Whose experts? How federalism shaped psychiatry in the late Habsburg monarchy.

The late Habsburg period (1867-1918) created a constitutional dual monarchy of Austria-Hungary. This paper discusses the role of psychiatry in Cisleithania, both as a developing profession and as a distinct 'policy field'. Tension between psychiatry's academic professionalisation and the creation of public institutions as signature projects by individual crownlands created complex relationships between psychiatry and politics. In federalist Cisleithania, psychiatrists became very 'political': whether employed by the state or a crownland influenced their position on policy, despite claiming that their expert knowledge was 'scientific' and 'objective'. The conflicts between asylum-based and academic psychiatrists mirrored those between the central state and the crownlands. This led to intractable delays in mental health law reform, eventually resolved by Imperial decree in 1916.

Restrictive measure reduction in psychiatric wards: A snapshot of China's mental health law reform under the new era of disability rights convention

This article examines the reasons behind the limited impact of China's mental health law reform in 2013 on reducing the use of restrictive measures in mental health services, focusing on the analysis of case law from Chinese courts. The analysis of collected rulings from the official database indicates that Chinese courts have adopted a lenient approach in scrutinizing the application of restrictive measures. Furthermore, the interpretation and application of the provisions related to restrictive measures in the law have led to service providers being held liable in numerous cases for not implementing such measures. Based on these findings, the article offers policy recommendations.

Unearthing organic ideology in population health interventions: the case of water fluoridation provision in the Health and Care Act 2022

Departing from Keith Syrett’s article in this issue, this commentary critically considers the place of organic ideology in population health interventions, using water fluoridation provisions contained in the Health and Care Act 2022 as an example. It demonstrates that liberal capitalist and neoliberal capitalist conceptions of the state as protector ground these provisions and, in so doing, it shows that population health interventions must be grounded in resonant politico-philosophical ideas prior to considerations around the opening of a policy window. This comment concludes by noting the need for further work to grasp the positive and negative role of appealing to organic ideology in public health law, regulation and policy.

Something in the water: opening the public health law policy window for fluoridation?

Alongside the more widely debated provisions relating to the organisation and delivery of healthcare services in the National Health Service in England, the Health and Care Act 2022 contains measures relating to public health. This article offers a critical examination of one of these, that relating to fluoridation of water supplies. The nature of this intervention as a response to problems of poor oral health is considered, and the changes made by the 2022 Act are explained. It is argued that there are clear reasons for altering the statutory framework, but that it is less immediately apparent why this development is taking place at this point in time. In order to answer this question, John Kingdon’s concept of a ‘policy window’ is deployed as a framework for understanding agenda-setting in this context. Additionally, this can facilitate analysis of the future likelihood of use of the powers conferred by the 2022 Act in this controversial area of public health.

Medical Law and Medical School Curricula: A Systematic Review.

Health law plays a crucial role in the field of medicine, as it dictates appropriate practices, regulations, and rights and responsibilities for healthcare professionals and patients. Despite this undeniable relationship, there is a lack of focus on health law, and an outdated hidden curriculum in medical education has perpetuated long-standing negative perceptions of the legal system. PubMed was searched for articles related to medicolegal education that were published from January 1950 to December 2022. The following search terms were utilized: "(medical student) AND (law OR legal OR medico-legal) AND (education)". Literature that directly or indirectly discussed the relationship between law and medicine as well asthe role of medical student education within the medicolegal nexus were reviewed. Additional literature was identified from reference lists of systematic and literature reviews. The authors manually reviewed each included publication to determine key details, study populations, and conclusions. The PubMed search revealed 3,592 papers that were sorted for relevance. Forty-four articles published between 1971 and 2022 were reviewed and analyzed. Three main themes consistently emerged from the discussions in these articles. The first theme concerns the sentiment among medical students that they were ill-prepared to manage the legal aspects of healthcare. The second theme concerns the negative perception of health law by medical students. The third theme details the benefits of including medicolegal courses in medical school curricula. This study sheds light on the notion that medical students feel ill-prepared to handle the legal aspects of healthcare due to limited medicolegal education. Furthermore, negative perceptions of the legal field continue to exist amongst medical students due to a plethora of factors, including an outdated hidden curriculum. Incorporating medicolegal courses into medical school curricula can foster positive attitudes toward the field of law and lead to enhanced professional ethics, increased patient advocacy, and potentially improved patient outcomes.

Teaching, assessment and best practice in undergraduate psychiatry education in the UK: cross-sectional survey.

We conducted a cross-sectional survey to examine how undergraduate psychiatry is taught and assessed across medical schools in the UK that have at least one cohort of graduated students. In total, 27 medical schools completed the survey. Curriculum coverage of common mental disorders, assessment skills and mental health law was broadly consistent, although exposure to psychiatric subspecialties varied. Significant variation existed regarding the duration of psychiatry placements and availability of enrichment activities. Small-group teaching, lectures and e-learning were the most frequent teaching modalities and various professionals and lived experience educators (patient and/or carers) contributed to teaching. Objective structured clinical examinations and multiple-choice questions dominated assessments. Medical schools should consider increasing students' exposure to different psychiatric subspecialties and integrating physical and mental health training to address comorbidity and promote holistic care. Future research should explore whether specific undergraduate experiences promote greater career interest and skills in psychiatry.

Interruption of pregnancy in México within the framework of human rights

The Mexican State is part of the inter-American system, it safeguards the human rights of both the Political Constitution of the United Mexican States and the International Treaties, particularly in the interruption of pregnancy it protects the human rights to life, health, reproductive rights and non-discrimination. These human rights are analyzed in the resolutions of the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights and the Supreme Court of Justice of the Nation, to aknowledge both the international and national interpretation, which has served as a legal basis in the interruption of pregnancy in Mexico. Based on these human rights and resolutions, ten states have legislated to allow the interruption of pregnancy, due to which the legal framework of the former Federal District (D.F.), Oaxaca, Hidalgo, Baja California, Veracruz, Colima, Sinaloa, Guerrero, Baja is studied. California Sur and Quintana Roo, highlighting that they have reformed their Penal Codes and Health Laws, standardizing most of their criteria. Likewise, a legal comparison is made at an international level to highlight differences and similarities between Mexico and other countries. This issue continues in Mexico, the states continue to discuss the interruption of pregnancy

Enforcement of work health and safety laws in services for people with disabilities: issues for policymakers and regulators

This article builds on an earlier study of more than two decades of Australian work health and safety prosecutions and enforceable undertakings involving services for people with disabilities that identified lessons for disability service providers. Through a cross case thematic analysis of the 27 cases in the earlier study, we identify systemic work health and safety issues that are beyond the control of individual organisations. We identify seven issues for policymakers and regulators to consider in stewarding the evolution of work health and safety law and practice and which might be pursued by advocacy organisations in seeking change. First, regulators should not ignore work health and safety crimes against people with disabilities. Second, work health and safety interventions should emphasise the prevention of challenging behaviours not just their control. Third, a quadripartite approach - including the voices of people supported - should be adopted in work health and safety policy and legislation. Fourth, there needs to be greater awareness of the scope for third-party advocacy and third-party enforcement. Fifth, funders should at times bear the work health and safety consequences of their decisions. Sixth, legislation should allow beneficial arrangements for supporting people with very complex needs. Seventh, governments should have full legal liability for their criminal acts; the degree of liability of not-for-profits should continue to be decided on a case-by-case basis.

Perlindungan Hukum Terhadap Dokter Yang Diduga Melakukan Malpraktik Ditinjau dari Peraturan Perundang-Undangan Yang Berlaku Studi Kasus Putusan Mahkamah Agung Nomor 233 K/Pid.Sus/2021

Doctors cannot avoid the possibility of disabled patients even dying, even though in practice they are in accordance with professional standards and standard operational procedures based on patient health needs. This situation should be referred to as a medical risk, but it is often interpreted by parties outside the medical profession as malpractice, so an understanding of legal protection for doctors suspected of malpractice is needed in terms of applicable laws and regulations. By looking at the decision of the Supreme Court Number 233 K / PID. SUS/2021, even though found guilty, the Defendant cannot be charged under the Criminal Code because it has been regulated in Law Number 17 of 2023 concerning Health (Health Law) and Law Number 29 of 2004 concerning Medical Practice (Law on Medical Practice), thus affirming the existence of legal protection from laws that specifically regulate the practice of medicine. This study aims to analyze legal liability for doctors who commit malpractice, and analyze legal protection for doctors suspected of malpractice in terms of applicable laws and regulations. The research method is carried out in a normative juridical manner with statutory approach methods, conceptual approaches, and case approaches. As a result of the research, the principle of justice is not accommodated in the claim for accountability under Article 79 letter c of the Medical Practice Law. The Health Act has preventive and repressive means of protection. The defendant did not carry out his practice in accordance with the standards of the medical profession, and the standard of operational procedures and health needs of patients, so automatically medical ethics were violated, causing the defendant to be held accountable for his actions in disciplinary law, civil law, and criminal law. In order to be protected from legal liability, doctors must always carry out their practices in accordance with professional standards, and standard operational procedures based on patient health needs.