Health Law
Jamia Millia Islamia · LL.B. Semester 8
Unit I — INTRODUCTION
Introduction to Public Health: Concept-Right to Health and Medicine · State Responsibilities for Community Health in a Welfare State: Law and Health- Development of Inter-Relationship · Right to Health: International Perspective and of Role of WHO-Health as a Human Right-Constitutional Perspective: Fundamental Rights, Directive Principles of State Policy and Fundamental Duties. · Regulation of Public Health & Private Health
Unit II — LEGISLATIONS RELATING TO PUBLIC HEALTH
Important Legislations relating to Public Health: Aim and Objects of the Acts-The Drugs and Cosmetic Act,1940-The Environment Protection Act- 1986, The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA),Epidemic Diseases Act, 1897- Indian Penal Code,1860-Insecticides Act, 1968 · The Mental HealthCare Act, 2017-Narcotic Drugs and Psychotropic Substance Act-1985-The Poisons Act, · The Maternity Benefit Act,1961-Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994-Infanticide- Female Feticide · Food and Safety Laws - Food Safety and Standards Act, 2006
Unit III — LAW & MEDICINE
Nature and Concept of Physician-Doctor and Patient Relationship · Medical Negligence and Medical Malpractices-Confidentiality-Consent and Informed Consent-Duty to Take Care and Duty to Treat-Code of Ethics in Medical Profession Professional Conduct and Duties. · Euthanasia-Mercy Killing-Role of Doctor-Patient Rights-Issue of Right to Die · Role of Judiciary in Regulating the Medical Profession-Need for Public Health Insurance in India
- Medico legal Implications of Consent, Different types of consent, Informed Refusal and Therapeutic Privilege
- Confidentiality and Privileged Communication between Doctor and Patient
- Patients Right to self Determination and Euthanasia — Legal Position in India
- Negligence in Medical Practice, Contributory Negligence and Different Remedies
- The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation 2002
Unit IV — HEALTH RELATING TO WOMEN AND CHILDREN
Health relating to Women and Children: Reproductive Rights And Family Planning, Mortality Rate- Maternal and Infant, Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 2003. · AIDS and the Law · Organ Transplantation-The Transplantation of Human Organs Act-1994 and Rules 1995 · Reproductive Technology: Right to Womb and Surrogacy-Right to Abortion and Paternity Test-The Medical Termination of Pregnancy and Pre-Natal Diagnostic Techniques Act, 1994
Unit V — LAW & PROFESSIONAL LIABILITY
Legal Regulation of Medical Establishment-Registration with Medical Council, Clinical Establishments (Registration and Regulation) Act, 2010. · Professional Liability of Hospital Administration and Management: Civil Liability under Tort and Contractual Liability, Criminal Liability-Indian Penal Code-, Statutory Liability -Consumer Protection Act,1986 · Medical Waste Disposal: The Bio-Medical Waste (Management and Handling) Rules 1998.
- Importance of Registration (Different Courses, Recognition schedule 1 of MCI Act)
- Negligence in Medical Practice, Contributory Negligence and Different Remedies
- Consumer Protection Act, 2019 and Medical Profession
- Criminal Law Remedies
- Rules addressing some environmental problems — Bio-Medical Waste Rules 2016 Hazardous wastes Rules 1989 Noise Pollution Rules 2000