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Health Law and Bioethics in Global Context

LAWS8237 - 7699


Avaliable Winter 2009

  Coordinator:Thomas Alured Faunce

  Course Outline
Unit Value: 6
Course Description:

Objectives:
To provide an updated guide to the ethical, common law and statutory obligations of health care providers, particularly in the ACT and an understanding of the major contemporary areas of controversy involving bioethics, public health law and medicine in the context of pressures created by corporate globalization.

Content:
The main emphasis will be on a practical approach to issues such as : the constitutional basis of Australian health law, virtue and principle-based approaches to the doctor-patient relationship, the basic law of doctor and patient, consent, disclosure of material risk (including recent high court decisions), confidentiality and access to medical records, misconduct and complaint proceedings, negligence in diagnosis and treatment and the withdrawal, withholding and refusal of medical treatment.

The course will also discuss legal issues involved with euthanasia, wrongful birth and wrongful life actions, abortions, the new reproductive technologies, gene therapy, genetic screening, human reproductive cloning, DNA forensic data bases, managed care and human medical research and will provide selected references for any subsequent research in these areas.

One particular area of focus will be the impact of international trade agreements on access to medicines in Australia, including the influence of the Australia-United States Free Trade Agreement (‘AUSFTA') on the cost-effectiveness mechanisms utilized under Australia's Pharmaceutical Benefits Scheme (‘PBS').

Learning Outcomes:

Detailed knowledge of ACT health Law

Detailed knowledge of Australian and international health law

Capacity to calibrate health law against norms of bioethics and international human rights
Indicative Assessment:

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

Workload:

26 Contact Hours (Intensive Delivery)

Click here for the 2010 timetable

Prescribed Texts:

Who Owns Our Health: Medical Professionalism, Law and Leadership Beyond the Age of the market State TA Faunce (UNSW Press 2007)

Students will also be required to purchase reading materials from the ANU College of Law

Preliminary Reading:

Who Owns our Health TA Faunce (UNSW Press 2007)

Technology Requirements:
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