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1.
PLoS One ; 19(5): e0299731, 2024.
Article in English | MEDLINE | ID: mdl-38768191

ABSTRACT

The government's environmental protection policy can significantly contribute to alleviating resource shortages and curbing environmental pollution, but the impact of various policy instruments implemented by the government on energy efficiency is unclear. Based on the panel data of 30 provinces in China from 2005 to 2021, this paper analyses the impact of environmental regulation and the industrial structure on energy efficiency from the perspective of resource taxes. The U-shaped relationship between environmental regulation and energy efficiency and between the optimization of industrial structure can significantly improve energy efficiency, and the optimization of industrial structure is conducive to weakening the initial inhibitory effect of environmental regulation. In addition, the analysis of regional heterogeneity showed that the impact of environmental regulation was stronger in the central and western regions, while the impact of industrial structure was stronger in the eastern and western regions. The conclusions of this study can help to expand the understanding of the relationship between environmental regulation and industrial structure on energy efficiency, provide policy enlightenment for the realization of green development and high-quality development, and provide Chinese examples and experiences for developing countries to improve energy efficiency.


Subject(s)
Industry , China , Environmental Pollution/prevention & control , Environmental Policy/legislation & jurisprudence , Conservation of Energy Resources , Conservation of Natural Resources/methods
2.
Issues Law Med ; 39(1): 32-49, 2024.
Article in English | MEDLINE | ID: mdl-38771713

ABSTRACT

The U.S. FDA has permanently removed the in-person prescribing requirements that previously safeguarded the use of mifepristone/misoprostol medical abortions, allowing prescribing through telemedicine or on-line ordering and distribution through the mail and pharmacies, without standard pre-abortion testing. This will increase the risk of complications due to failure to adequately determine the gestational age or rule out ectopic pregnancy by ultrasound or physical exam, failure to perform labs to document whether RhoGAM is indicated, and failure to obtain appropriate informed consent to prevent unwanted abortions, among other concerns. The FDA justified this action by referencing flawed studies with significantly undercounted complications. The details of these study deficiencies are examined in this paper.


Subject(s)
Abortion, Induced , Misoprostol , United States Food and Drug Administration , United States , Humans , Pregnancy , Abortion, Induced/legislation & jurisprudence , Female , Misoprostol/administration & dosage , Mifepristone/administration & dosage
3.
Issues Law Med ; 39(1): 50-65, 2024.
Article in English | MEDLINE | ID: mdl-38771714

ABSTRACT

The Alabama Supreme Court recently held, in LePage v. Center for Reproductive Medicine, that the parents of human embryos that were negligently destroyed at a fertility clinic could bring an action for damages under the State's wrongful death statute. Although the Alabama legislature promptly enacted a law essentially overturning the state supreme court's decision, concerns have been raised that the court's decision might influence courts in other States to interpret their wrongful death statutes, or possibly even their fetal homicide statutes, to apply in similar circumstances, thereby threatening the availability of in vitro fertilization (IVF) technology. This article addresses those concerns.With respect to wrongful death statutes, only fourteen States (excluding Alabama) have interpreted their statutes to apply to unborn children without regard to their stage of gestation or development. The majority of States impose a gestational requirement (typically, viability) which would preclude their application to the destruction of human embryos. Even with respect to the minority of States that impose no limitation on the cause of action, those statutes, either by their express language or by fair interpretation, would not apply to unimplanted human embryos.With respect to the fetal homicide statutes in thirty-one States that do not have any gestational or developmental limitation, the statutes in twenty-six of those States apply only to acts causing the death of an unborn child in utero. As to the statutes in the other five States, the structure of the statute, considered in light of the applicable case law, strongly suggests that there would be no liability for causing the death of an unborn child before implantation. In sum, the Alabama Supreme Court's decision in LePage is not likely to be followed as a precedent in interpreting either the wrongful death statutes or the fetal homicide statutes of any other State.


Subject(s)
Fertilization in Vitro , Homicide , Humans , Homicide/legislation & jurisprudence , Fertilization in Vitro/legislation & jurisprudence , United States , Pregnancy , Female , Wrongful Life , Alabama , Malpractice/legislation & jurisprudence , Supreme Court Decisions
4.
Issues Law Med ; 39(1): 3-20, 2024.
Article in English | MEDLINE | ID: mdl-38771711

ABSTRACT

Background: Nowadays, the quality of medical care and health care measures is considered the main target function of the health care system and at the same time the determining criterion for its activities. Objective: The article examines state regulation of medical care quality post- COVID and during martial law, identifying improvement areas. It emphasizes state roles in healthcare standardization, continuous feedback monitoring, and studying patient satisfaction. Interrelationships among Ukraine's state regulation mechanisms are determined, highlighting the need to enhance tools such as criteria and quality indicators for medical care assurance. Methods: The authors of this article utilize various scientific methods, including analysis, synthesis, induction, and deduction, as well as historical and legal, formal legal, and comparative legal methods to examine the state regulation of ensuring the quality of medical care during martial law in Ukraine. Results: The article considered the interrelationships of mechanisms and instruments of state regulation of quality assurance of medical care in Ukraine. Conclusions: The state should enhance medical care quality regulation, drawing on international experiences from the EU and the USA and adapting best practices to national circumstances. The resilience of the healthcare system depends on effective quality assurance, ensuring preparedness, stability, and ongoing improvement prospects.


Subject(s)
Quality of Health Care , Ukraine , Humans , Quality of Health Care/legislation & jurisprudence , COVID-19 , Quality Assurance, Health Care/legislation & jurisprudence , Government Regulation , Delivery of Health Care/legislation & jurisprudence , SARS-CoV-2 , State Government
5.
Issues Law Med ; 39(1): 21-31, 2024.
Article in English | MEDLINE | ID: mdl-38771712

ABSTRACT

The relevance of this article is due to the fact that international standards in the field of health care and medical services are central to the field of world principles of functioning and development of medical law. The aim of the article is to conduct research on the peculiarities of international standards in the field of health care and medical services, as well as to study the prospects of their implementation in Ukraine. Leading research methods are general and special research methods, including methods of logic, analysis, comparison. The results of this study are to outline recommendations for the use of international standards in the field of health care and medical services in Ukraine and to summarize the legal framework on this issue. The significance of the results is reflected in the fact that this study can serve as a basis for outlining future changes in current legislation of Ukraine on the functioning of the health care system and implementation of world practices in health care. Within the framework of this study, systematized the main international and European documents that reflect the main international standards in the field of health care and medical services and ratified in Ukraine and have a direct impact on the legal framework for this area.


Subject(s)
Delivery of Health Care , Ukraine , Humans , Delivery of Health Care/legislation & jurisprudence , Internationality
6.
Issues Law Med ; 39(1): 76-81, 2024.
Article in English | MEDLINE | ID: mdl-38771716

ABSTRACT

Misleading statements in a recent Obstetrics & Gynecology article require correction. No state has an abortion law that is a total ban on abortion. Every state law permits abortion when necessary to save a mother's life. Texas law does not require an "imminent" risk and allows a doctor to use his "reasonable medical judgment" to determine if an abortion is necessary to prevent a "risk" of maternal death. Similarly, Idaho allows a doctor to use his "good faith medical judgment" to determine when to intervene, without need for "immediacy".


Subject(s)
Abortion, Induced , Humans , Female , Pregnancy , Texas , Idaho , United States , Abortion, Induced/legislation & jurisprudence , Value of Life , Abortion, Legal/legislation & jurisprudence
7.
PLoS One ; 19(5): e0302561, 2024.
Article in English | MEDLINE | ID: mdl-38718054

ABSTRACT

This paper uses the difference-in-differences model to research how the "piercing the corporate veil" system marked by the 2005 Company Law amendment affects the level of corporate creditor protection. The research results show that private enterprises and local state-owned enterprises are sensitive and significant to this legal amendment. In contrast, local state-owned enterprises are more sensitive and have a stronger motivation to protect the interests of creditors. The motivation of companies with weaker profitability for creditor protection lasts not only for the year of law revision but also extends to the year of implementation. With the law's implementation, the growth effect of creditor protection for local state-owned enterprises has become more significant. Further analysis shows that the main findings of this article are more significant in companies with larger debt scales, companies with a higher year-on-year growth rate of operating income, companies with controlling shareholders, and companies with higher stock market capitalization. From an empirical research view, this paper explains the economic effect and mechanism of the whole corporate personality under the complete system and adds economic evidence for how the law acts on the capital market.


Subject(s)
Investments , Investments/legislation & jurisprudence , Investments/economics , Humans , Models, Economic , Private Sector/economics , Private Sector/legislation & jurisprudence , Industry/economics , Industry/legislation & jurisprudence , Commerce/legislation & jurisprudence , Commerce/economics
9.
Br J Nurs ; 33(9): 437-438, 2024 May 09.
Article in English | MEDLINE | ID: mdl-38722010

ABSTRACT

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the practical implications of undertaking mental capacity assessments with a person across a range of different decisions.


Subject(s)
Mental Competency , Humans , Mental Competency/legislation & jurisprudence , United Kingdom , Decision Making
11.
Transpl Int ; 37: 12439, 2024.
Article in English | MEDLINE | ID: mdl-38751770

ABSTRACT

Due to its intrinsic complexity and the principle of collective solidarity that governs it, solid organ transplantation (SOT) seems to have been spared from the increase in litigation related to medical activity. Litigation relating to solid organ transplantation that took place in the 29 units of the Assistance Publique-Hôpitaux de Paris and was the subject of a judicial decision between 2015 and 2022 was studied. A total of 52 cases of SOT were recorded, all in adults, representing 1.1% of all cases and increasing from 0.71% to 1.5% over 7 years. The organs transplanted were 25 kidneys (48%), 19 livers (37%), 5 hearts (9%) and 3 lungs (6%). For kidney transplants, 11 complaints (44%) were related to living donor procedures and 6 to donors. The main causes of complaints were early post-operative complications in 31 cases (60%) and late complications in 13 cases (25%). The verdicts were in favour of the institution in 41 cases (79%). Solid organ transplants are increasingly the subject of litigation. Although the medical institution was not held liable in almost 80% of cases, this study makes a strong case for patients, living donors and their relatives to be better informed about SOT.


Subject(s)
Hospitals, University , Organ Transplantation , Humans , Organ Transplantation/legislation & jurisprudence , Hospitals, University/legislation & jurisprudence , Adult , Male , Female , Postoperative Complications , Living Donors/legislation & jurisprudence , Middle Aged , Liver Transplantation/legislation & jurisprudence , Liver Transplantation/adverse effects , Kidney Transplantation/legislation & jurisprudence , Europe , Lung Transplantation/legislation & jurisprudence
12.
13.
N Z Med J ; 137(1595): 94-98, 2024 May 17.
Article in English | MEDLINE | ID: mdl-38754117

ABSTRACT

The Waitangi Tribunal in their Wai 2575 Report recommended the establishment of Te Aka Whai Ora (the Maori Health Authority) to remedy some of the contemporary breaches of Te Tiriti o Waitangi (Te Tiriti). Te Aka Whai Ora was the culmination of decades of Maori advocacy for the establishment of independent Maori health leadership, policymaking and commissioning. Under urgency, the new National-led coalition Government passed the Pae Ora (Disestablishment of Maori Health Authority) Amendment Act 2024 in February. In this paper we use Critical Tiriti Analysis (CTA), a five-stage process, to review the extent to which the Act is compliant with the five elements of Te Tiriti (the authoritative Maori text), the preamble, the three written articles and the oral article. We found that the Act had very limited Tiriti compliance and the potential to do great harm. We offered practical suggestions how this could have been avoided.


Subject(s)
Health Services, Indigenous , Native Hawaiian or Other Pacific Islander , Humans , New Zealand , Native Hawaiian or Other Pacific Islander/legislation & jurisprudence , Health Services, Indigenous/legislation & jurisprudence , Health Policy/legislation & jurisprudence , Maori People
15.
Indian J Med Ethics ; IX(2): 121-126, 2024.
Article in English | MEDLINE | ID: mdl-38755761

ABSTRACT

BACKGROUND: Given the imperative for dental practitioners to be familiar with the existing ethical principles and laws governing their practice, this study aimed to evaluate awareness and practice of the dentists (code of ethics) regulations 2014 and consumer protection act 2019 among dental practitioners in Andhra Pradesh state, India. METHODS: A cross sectional study was conducted among 384 dental practitioners in Andhra Pradesh state, India. A questionnaire consisting of 25 items was used to assess awareness and practice of the dentists (code of ethics) regulations and consumer protection act. The data collected were analysed using IBM SPSS Statistics for Windows, Version 25.0. Armonk, NY: IBM Corp. RESULTS: Only 53(13.8%) dental practitioners in the study were aware that the dentists (code of ethics) regulations had been revised in 2014. About 190 (49.5%) practitioners were aware of the precise period for mandatory preservation of patient records. Most dental practitioners (278, 72.4%) accepted commissions in the form of gifts or cash from laboratories, radiologists, or pharmacists and 306 (79.7%) dental practitioners used unregistered dental lab technicians as employees in their practice. Furthermore, 297 (77.3%) practitioners were found to provide or sell drugs to patients in their clinic/office. The new regulations under consumer protection act 2019 were unknown to 194 (50.5%) dental practitioners. CONCLUSIONS: The present study indicates that the awareness of dental practitioners towards the dentists (code of ethics) regulations 2014 and consumer protection act 2019 is inadequate. It highlights the need for training programmes and curriculum changes with a focus on ethical and legal issues in clinical dental practice.


Subject(s)
Codes of Ethics , Dentists , Ethics, Dental , Humans , India , Cross-Sectional Studies , Dentists/ethics , Dentists/legislation & jurisprudence , Surveys and Questionnaires , Male , Female , Adult , Practice Patterns, Dentists'/ethics , Practice Patterns, Dentists'/statistics & numerical data , Practice Patterns, Dentists'/standards , Practice Patterns, Dentists'/legislation & jurisprudence , Awareness
16.
Indian J Med Ethics ; IX(2): 149-153, 2024.
Article in English | MEDLINE | ID: mdl-38755773

ABSTRACT

Patient privacy is essential and so is ensuring confidentiality in the doctor-patient relationship. However, today's reality is that patient information is increasingly accessible to third parties outside this relationship. This article discusses India's data protection framework and assesses data protection developments in India including the Digital Personal Data Protection Act, 2023.


Subject(s)
Computer Security , Confidentiality , India , Humans , Confidentiality/legislation & jurisprudence , Computer Security/legislation & jurisprudence , Computer Security/standards , Physician-Patient Relations/ethics , Privacy/legislation & jurisprudence
17.
Indian J Med Ethics ; IX(2): 154-158, 2024.
Article in English | MEDLINE | ID: mdl-38755770

ABSTRACT

This commentary looks at the Kerala Public Health Act (KPHA), passed on November 28, 2023, through the lens of public health ethics. While the Act recognises the importance of prevention and strengthening of social systems, it falters in the public health ethics and human rights framework, ignoring international public health principles such as the Siracusa Principles and guidelines for individual diseases such as tuberculosis. The Covid-19 pandemic in India itself offers ample learnings, which have been disregarded, on the need for caution against state overreach. Principles such as autonomy, privacy/confidentiality, transparency, accountability, rule of law, least harm etc have not even been given token consideration, making this law a potential tool of abuse, particularly against already vulnerable communities.


Subject(s)
COVID-19 , Public Health , Humans , India , COVID-19/prevention & control , Public Health/ethics , Public Health/legislation & jurisprudence , SARS-CoV-2 , Human Rights/legislation & jurisprudence , Pandemics
19.
Vet Rec ; 194(10): 389-390, 2024 May 18.
Article in English | MEDLINE | ID: mdl-38757810
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