Medical Law Review最新文献

Interrogating the limits of precedent autonomy: the anomalous exclusion of basic care from the ambit of advance decisions. 质疑先例自治的限制：从预先决定的范围反常地排除基本照顾。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf030

Samantha Halliday, Jean V McHale

{"title":"Interrogating the limits of precedent autonomy: the anomalous exclusion of basic care from the ambit of advance decisions.","authors":"Samantha Halliday, Jean V McHale","doi":"10.1093/medlaw/fwaf030","DOIUrl":"10.1093/medlaw/fwaf030","url":null,"abstract":"The Mental Capacity Act 2005 enables individuals to make advance decisions to refuse medical treatment once they lose mental capacity. However, scant attention has been given to the limit imposed by the Code of Practice upon the ability of an individual to refuse care, as opposed to treatment in an advance decision. This article examines the different meanings of 'basic care'. It interrogates the genesis of the exclusion within the Code of Practice. The article examines the problems created by the exclusion, both in definitional terms and in relation to the conflict created with respect for precedent autonomy. It argues that while such an exclusion could be justified on the basis of public policy at the turn of the 21st century, the evolution of greater respect for patient-centred decision-making and respect for human dignity require its re-evaluation. The article challenges the continued relevance of the exception in the light of shifts in public policy and the case law, proposing that the ability to make an advance decision about basic care as well as treatment is an essential element in the toolkit designed to ensure individualized care at the end of life.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12401574/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144975951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

China's online pharmacy: its regulatory policy and a future research agenda for the emerging AI age. 中国的在线药店：其监管政策和未来人工智能时代的研究议程。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf024

Pinghui Xiao

{"title":"China's online pharmacy: its regulatory policy and a future research agenda for the emerging AI age.","authors":"Pinghui Xiao","doi":"10.1093/medlaw/fwaf024","DOIUrl":"https://doi.org/10.1093/medlaw/fwaf024","url":null,"abstract":"In recent years, China has witnessed a remarkable digital health movement, wherein online pharmacies or drug e-commerce have emerged as disruptive business models. In 2019, China amended the Drug Administration Law to permit the online sale of prescription drugs to customers, albeit with certain limitations. This marked China's first national congress-level regulatory policy on online pharmacy regulation. The policy comprises two sub-policies: one targeting third-party online platforms involved in drug sales and another aimed at controlled drugs and other drugs under special administration that are prohibited from being sold online. However, this regulatory policy has sparked legal and ethical debates. The first revolves around whether or not online platforms engaged in drug sales can enjoy liability protection and to what extent; while the second centers on an ethical dilemma concerning access to controlled drugs due to their blanket ban on online sales. This article thoroughly examines the aforementioned regulatory policy. Moreover, during the coronavirus disease-2019 (COVID-19) pandemic, there was a surge in artificial intelligence (AI) applications within China's healthcare sector, leading to phenomenal growth of AI-driven online pharmacies staffed by so-called AI doctors and pharmacists. The article outlines a future research agenda for regulating emerging AI-enabled online pharmacies in the post-pandemic age before concluding.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.8,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144660873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Best interests decision-making in the Chinese adult guardianship regime through a P-centric lens. p中心视角下的中国成人监护制度的最佳利益决策。

IF 1.8 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf020

Daisy Cheung

引用次数: 0

Patents over 'technologies' related to how we treat, use, and modify the human body: An urgent need for greater bioethics scrutiny. 与我们如何对待、使用和修改人体有关的“技术”专利：迫切需要更严格的生物伦理审查。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf015

Aisling M McMahon

{"title":"Patents over 'technologies' related to how we treat, use, and modify the human body: An urgent need for greater bioethics scrutiny.","authors":"Aisling M McMahon","doi":"10.1093/medlaw/fwaf015","DOIUrl":"10.1093/medlaw/fwaf015","url":null,"abstract":"Under the TRIPS framework, patents must be granted in all fields of technology, including health-technologies. Patents give rightsholders significant control over patented technologies as they enable them to exclude others from using these for commercial purposes. The human body per se is not patentable. However, many technologies that relate to how we treat, use, and modify the body are patentable. For example, in Europe, patentable technologies include those that can treat the body (eg, medicines), technologies that can affect how we use elements derived from the body (eg, isolated human genes are patentable in certain contexts), and technologies that can modify (including enhance) the body (eg, neuro-technologies). Using a novel five-category taxonomy of patentable technologies related to how we treat, use, and modify the human body, this article demonstrates that such patents-and their use-can pose significant bioethical implications, focusing on implications for autonomy, dignity, and bodily integrity interests. It demonstrates that these bioethical implications are not routinely considered in European patent grant or licensing decision-making. This article challenges this. It argues that greater scrutiny is needed over these bioethical implications and over the connection that patented technologies have with how we treat, use, and modify the human body.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12341674/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144838392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Support for decision-making guidance in England: a pragmatic review. 英国对决策指导的支持：一个务实的回顾。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf021

Jillian Craigie, Antonia Alley, Maria Teresa Cotrufo, Michael Bach, Jodie Rawles, Isabel C H Clare, Matt Matravers, Francesca Happé

{"title":"Support for decision-making guidance in England: a pragmatic review.","authors":"Jillian Craigie, Antonia Alley, Maria Teresa Cotrufo, Michael Bach, Jodie Rawles, Isabel C H Clare, Matt Matravers, Francesca Happé","doi":"10.1093/medlaw/fwaf021","DOIUrl":"10.1093/medlaw/fwaf021","url":null,"abstract":"Law and policy concerning personal decision-making increasingly recognizes a role for support to enable greater autonomy and legal recognition for adults whose decision-making ability may be limited. Support for decision making (SFDM) is embedded in England and Wales under the Mental Capacity Act 2005 (MCA). It has also gained traction internationally through the UN Convention on the Rights of Persons with Disabilities (CRPD), to which the UK is a signatory. However, these two legal reference points diverge in their understanding of SFDM, which presents challenges for putting it into practice. A pragmatic review methodology identified 40 resources containing SFDM guidance, providing insight into its implementation and conceptualization in England. An analysis indicates the need for authoritative guidance that provides more multifaceted advice, recognizing key variables including: the nature of the decision, source of decision-making difficulties, and the relationship of the supporter. Gaps in guidance provision are also identified for decision-makers, third parties, and the mental health context. The resources largely conceptualize SFDM as a means to enable mental capacity. However, recent developments propose a CRPD-aligned approach that includes SFDM in the context of substituted decisions. This generates a dualistic model of SFDM in England, raising new questions in this area.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12313013/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144762084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

'I am not your friend': contract in counselling and psychotherapy. “我不是你的朋友”：咨询和心理治疗合同。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf027

David J Carter, Renata Grossi

{"title":"'I am not your friend': contract in counselling and psychotherapy.","authors":"David J Carter, Renata Grossi","doi":"10.1093/medlaw/fwaf027","DOIUrl":"10.1093/medlaw/fwaf027","url":null,"abstract":"The largest professional body of counsellors in Australia defines the relationship between counsellor and client as contractual 'and nothing else'. While contract law has been traditionally associated with 'rational', arms-length, commercial relationships, counselling and psychotherapy have been associated with intimate, emotional relationships, work, and exchange. What is the significance, therefore, of these seemingly dissonant discourses coming together in the counselling and therapeutic relationship? Is there a place for formal and distant contract law in the flexible and intimate therapy room? This article examines the role of contract in counselling and psychotherapy, and rather than finding a dissonance, it finds an important and productive relationship between the two. Drawing on interviews with registered practitioners in Australia, this article shows that contract performs both an 'infrastructural' and 'therapeutic' function. It provides a framework for service delivery and the meeting of professional standards, while simultaneously operating as a therapeutic tool. Importantly, in this self-regulated setting, the analysis demonstrates how practitioners navigate the 'formality' of contract to advance a broader formation of professional identity.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12360838/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144876329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Voluntary assisted dying-Australia in an international context. 自愿协助死亡——国际背景下的澳大利亚。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf025

Katrine Del Villar, Lindy Willmott, Ben P White

{"title":"Voluntary assisted dying-Australia in an international context.","authors":"Katrine Del Villar, Lindy Willmott, Ben P White","doi":"10.1093/medlaw/fwaf025","DOIUrl":"10.1093/medlaw/fwaf025","url":null,"abstract":"Since 2017, highly prescriptive voluntary assisted dying (VAD) laws have been adopted in all Australian states and one self-governing territory. The unique features of the Australian model and salient differences between Australian states and territories are poorly understood internationally. In this article, we provide an overview of the distinctive features of the Australian model of VAD and engage in a detailed comparison with legislation regulating assisted dying or euthanasia in other jurisdictions. We focus on variations in the eligibility criteria for accessing VAD, the request and assessment process, and the permitted method/s of administration. We also consider different international regimes permitting conscientious objection and regulating institutional objection to participating in VAD. Several distinctive features of the Australian model-such as a differential timeframe to death for different medical conditions, express residency requirements, the prohibition on health practitioners initiating conversations about VAD, and legal restrictions on the availability of practitioner administration-have already served as models for other countries in enacting VAD laws. As other countries consider legalizing the practice, there is much to learn from the Australian model.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12289548/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144709669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Towards an international consensus on cross-border surrogacy: the role of the European Court of Human Rights? 在跨境代孕问题上达成国际共识：欧洲人权法院的角色？

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf029

Jakub Valc

引用次数: 0

Professional regulation and attitudinal issues: constructing the 'good doctor' and the 'bad apple' through the device of insight. 职业规范与态度问题：透过洞察力建构“好医生”与“坏苹果”。

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf032

Paula Case

{"title":"Professional regulation and attitudinal issues: constructing the 'good doctor' and the 'bad apple' through the device of insight.","authors":"Paula Case","doi":"10.1093/medlaw/fwaf032","DOIUrl":"https://doi.org/10.1093/medlaw/fwaf032","url":null,"abstract":"In fitness-to-practise hearings for doctors and other health care professions, the practitioner's 'insight' into their past misconduct or deficient performance takes centre stage in determining outcomes. Although insight does not feature in the statutory framework, it has emerged as a regulatory device used to distinguish the 'good doctor' from the 'bad apple' who should be excluded from the profession in order to protect the public. This article frames the concept of 'insight' in professional discipline as an example of Foucauldian avowal-a ritual of truth-telling which requires the doctor's full acknowledgement and admission of wrongdoing and a disavowal of their former self. If successful, avowal enables reintegration of the practitioner into the profession's social order. 'Insight' is then tracked as a contested site in doctors' fitness to practise appeals across a period of more than 25 years, exploring its clinical origins, expansion, and modern application. The accumulated case law confirms insight as a deeply embedded staple of fitness to practise decision-making and a core regulatory strategy for protecting patients, while highlighting that it is inevitably compromised by issues of authenticity.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12396809/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144975954","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Is the categorical denial of pentobarbital for assisted suicide a violation of the constitutional right to a self-determined death in Germany? 在德国，明确否认戊巴比妥用于协助自杀是否违反了宪法规定的自主死亡权利？

IF 1.7 4区医学

Medical Law Review Pub Date : 2025-07-14 DOI: 10.1093/medlaw/fwaf033

Kerstin Braun

{"title":"Is the categorical denial of pentobarbital for assisted suicide a violation of the constitutional right to a self-determined death in Germany?","authors":"Kerstin Braun","doi":"10.1093/medlaw/fwaf033","DOIUrl":"https://doi.org/10.1093/medlaw/fwaf033","url":null,"abstract":"Aiding in suicide is no criminal offence under German law. In addition, a constitutional right to a self-determined death exists, including relying on third-party assistance, where offered. To exercise such a constitutional right, persons require access to effective lethal medication. Pentobarbital is a substance commonly used in jurisdictions allowing assisted dying. Yet, in Germany, the Federal Institute for Drugs and Medical Devices, based on the Narcotic Drugs Act, categorically rejects pentobarbital licence applications with the consequence that pentobarbital is not available in Germany for assisted suicide purposes. Persons wanting to die must either rely on other, frequently less effective drugs or find a medical practitioner willing to set up an intravenous infusion with a lethal substance. This may prove difficult in practice. Several unsuccessful applicants have therefore challenged these licence rejections, but administrative courts have generally upheld the Federal Institute's decisions. This article examines whether the section in the Narcotic Drugs Act, which in its current interpretation prevents access to pentobarbital, is constitutional. It analyses whether this restriction disproportionately limits the constitutional right to a self-determined death of licence applicants and concludes that, due to its severe impact on persons wishing to die, serious doubts arise regarding the section's constitutionality.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145092688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0