The law relating to infectious diseases and hospitals

Public Health ◽  
1900 ◽  
Vol 12 (5) ◽  
pp. 377
Keyword(s):  
2020 ◽  
Vol 2020 (2020) ◽  
pp. 319-347
Author(s):  
Dorel HERINEAN ◽  

In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.


2018 ◽  
Vol 29 (1) ◽  
pp. 6-10
Author(s):  
Marzena Furtak-Niczyporuk

Abstract The production of clinical waste is an inevitable consequence of rendering health services, including hazardous infectious clinical waste containing live pathogenic microorganisms, which can be the potential source of infections and infectious diseases. For this reason, the management of waste collected during rendering health services most of all requires responsibility for the security of both patients and staff on the part of the managers of healthcare-institutions. The results of hospital inspections in the field of clinical-waste management conducted by the Voivodeship Sanitary Inspection in Lublin, which were made available for the purpose of this paper, have shown numerous irregularities concerning the management of hazardous clinical waste. Most of the irregularities involved the condition of premises and the temporary storage of clinical waste.


Author(s):  
Agata Fiołek ◽  

Starting from the fundamental constitutional freedoms and rights of persons and citizens, the article covers the issue of obligation of vaccination as a typical example of a conflict between constitutional values. Then, the author interprets and systematizes the legal concepts concerning required immunization under the Act of 5 December 2008, on preventing and combating infections and infectious diseases among people, which leads, among others to differentiation between the concept of “vaccination obligation” and the concept of “compulsory protective vaccination”. Next, legal bases and enforcement measures for the vaccination obligation are discussed. The analysis focuses on the conditions for the use of coercive measures and leads to the nonobvious conclusion that use of physical coercion in order to implement the “mandatory protective vaccination” or other type of “vaccination obligation” – is currently is not possible. The article also includes the latest amendments to the law, on preventing and combating infections and infectious diseases among people, as well as regulations issued in connection with the SARS-CoV-2 coronavirus pandemic.


Author(s):  
І. О. Федяк ◽  
І. І. Іванюлик

<p><strong>Introduction.</strong> World Health Organization is worried about poor children vaccination inUkraine. After the signing of the coalition agreement between the main political parties, which were held into the Ukrainian Parliament of VII convocation, representatives of WHO and UNICEF welcomed «the inclusion of conditions of vaccines procurement together with international partners and organizations in the coalition agreement, and reaffirmed their willingness to purchase and contribute in response to corresponding request of the Ministry of Health care of Ukraine». However, coordinated decisions were not accepted. And the overall condition of financing the health care system and the Program of immunization as its component does not comply with the WHO’s requirements.</p><p><strong>Methods of research:</strong> bibliographical, analytical, systematic and logical.</p><p><strong>Results and discussion.</strong> According to the immunization Schedule in Ukraine, 10 infectious diseases, such as diphtheria, pertussis, rubeola, rubella, epidemic parotitis, polio, tetanus, tuberculosis, hemophilic infection, hepatitis B are subordinated to prevention by vaccination. Vaccines against these diseases in accordance with the law of Ukraine № 1645-14 «On protection of population against infectious diseases» are centrally purchased on a single state tender held by the Ministry of Health care of Ukraine. Nowadays, it is currently completing the implementation of current National program of immunization and population protection against infectious diseases for 2009-2015, which was adopted by the Law of Ukraine № 1658-VI, dated on 21<sup>st</sup> October, 2009.</p><p>The problem of infectious diseases immunization must be strategic in any socio-political circumstances of country’s life. However, according to analysis of the state funding of the health care system ofUkraineas in general and as its component – system of immunization inUkrainetraditionally faced a shortage of funds, along with the low cost effectiveness. This tendency has occurred not only in the current military conflict, but also has become a disappointing practice. So, the percentage of financing costs on the health care system from the State budget has traditionally been at the level of 3,7% of GDP and covers about 57% of the total population needs. However, the analysis of audits materials of the Accounting chamber of Ukraine shows that projected amount of funding from the State budget of the Program on immunization during 2009-2015 variances with the real allocations in 2011-2013 inaverage of 45,3%. Along with this, the conclusions of the Accounting chamber for 2007-2013, Ministry of health care traditionally does not provide efficient use of available funds of the State budget. This led to the fact that it was failed to reduce the level of infections, against which is held by means of immunization. This is demonstrated by the vaccination coverage of the population in 2014 at a level from 15 to 49% depending on infectious disease by the WHO recommendations – 95 %.</p><p><strong>Conclusions:</strong> reform of the Program of immunization financing must firstly focus on improving the efficiency of spending, particularly through the reform of sector procurement that is offered like in many countries to conduct through the mediation of WHO and UNICEF through the «framework» (directly long-term) agreements with suppliers of vaccines. And it already needs not declarative, but real political freedom.</p>


2020 ◽  
Vol 4 (3) ◽  
pp. 285-288
Author(s):  
Rosemary Pfaff ◽  
Ross Berkeley ◽  
Gregory Moore ◽  
Melanie Heniff

This article presents three medical-legal cases that define a physician’s duty to warn and include caveats on medical practice within the scope of the law. Some physicians may not recognize that these legal and liability requirements extend not only to physical danger, but also to infectious diseases, medical illness, and drug effects.


2021 ◽  
Vol 7 (2) ◽  
pp. 75
Author(s):  
Nima Norouzi ◽  
Heshmat-ullah Khanmohammadi ◽  
Elham Ataei

The Corona crisis is one of the crises that has engulfed the world and Uruguay and has marked all human beings' death and life. This crisis has many legal, political, social, and economic dimensions and has and will have different consequences in this area. So far in the last two centuries, twelve major epidemics of infectious diseases and fifteen famines, and severe droughts have engulfed our world, but this crisis is "of a different kind." It has been less critical to cover the whole world. Infect millions of people, create new words in cultures, and announce major changes in international relations, politics, law, and the world and country economies. No geographical point is safe from this, and it has a serious impact on human relations. This paper is aimed to study the Uruguayan legal system in the post-Covid-19 world. In this paper, Constitutional, Financial, commercial, Labor, Public, and judicial law is discussed in the light of the Covid-19, and its impacts and strategies to mitigate those impacts are mentioned.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 465-477
Author(s):  
Iwona Gredka-Ligarska

In Art. 15 gf of the Act of 2 March 2020 on special solutions relating to the prevention, counteraction and combatting COVID-19, other infectious diseases and the resulting crisis situations, the legislator introduced a right to terminate non-competition agreements. The purpose of this article is to examine if that right does not interfere excessively with the interests of employees, mandatories and contractors, and if it does not disturb the balance between the parties to non-competition agreements. The research problem is analysed on several levels. The constitutional approach is adopted (in terms of compatibility with: the principle of a democratic state ruled by law; principle of proportionality; principle of equality before the law). Also, interpretation of the examined provisions is presented and complexities it may trigger in practice. Conclusions of the performed analysis are a basis for the presented amendment proposals intended to mitigate the negative consequences of the examined provisions.


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