新的法律现实中的医学实验。

Anita Gałęska-Śliwka
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引用次数: 0

摘要

引言和目的。医学实验是医务人员科研工作的重要组成部分,是医学发展的基础。《医疗和牙科专业法》修正案自2021年1月1日起生效,对医学实验规则进行了重大修改。其中一些变化引起了争议,并产生了解释问题。本文旨在展示已引入的变化的广度,提请注意相关疑虑,并更新医务人员对2021年1月1日以后在波兰进行医学实验合法性理由的了解。复习方法。这项审查是根据波兰法律资料系统“LEX”所载的数据汇编的。它还使用了在线法律行为系统和在线法律行为系统https://isap.sejm.gov.pl/对知识状况进行了简要说明。该法案的修订在研究界、保险界和法律界引起了很大的困惑。早在法律起草阶段,人们就对拟议的修改提出了许多关切。与会者对将一种新型的医学实验纳入法律、医学实验负责人的资格、强制性保险以及对未成年人参与的医学实验规则和未经必要同意的医学实验规则的修改表示了重大关切。总结。《医疗和牙科专业法》对医学实验规则的修改仍然存在争议,而且研究实践并不总是与所采用的解决办法相一致。自2021年1月1日起生效的法规未达到研究、保险和法律界的期望,因此需要进一步修订。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Medical experiment in the new legal reality.
Introduction and Objective . Medical experimentation is part and parcel of the research work of medical staff and makes the development of medicine possible. Effective as of 1 January 2021, the amendment to the Act on the Medical and Dental Professions has introduced significant changes to the rules of medical experimentation. Some of these changes have raised controversy and generated problems of interpretation. This article aims to demonstrate the breadth of the changes that have been introduced, draw attention to the related doubts and update the knowledge of medical staff on the rationale for the legality of medical experimentation in Poland after 1 January 2021. Review methods . This review has been compiled based on data contained in the Polish Legal Information System “LEX”. It also uses the Online System of Legal Acts and the system of Legal Acts available online at https://isap.sejm.gov.pl/ Brief description of the state of knowledge. The amendment to the Act has caused a great deal of confusion in research, insurance and legal communities. Already at the stage of drafting the law, numerous concerns were raised about the proposed changes. Major concerns were voiced about the introduction of a new type of medical experiment into the law, the qualifications of a person in charge of a medical experiment, the compulsory insurance, as well as changes to the rules of medical experimentation with minor participants and the rules of medical experimentation without the required consent. Summary . The changes to the rules of medical experimentation introduced by the Act on the Medical and Dental Professions are still controversial, and research practice does not always go hand in hand with the solutions adopted. The regulations in force since 1 January 2021 do not meet the expectations of the research, insurance and legal communities and thus require further revisions.
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