Veidlapa Nr. M-3 (8)
Study Course Description
Introduction to Health and Medical Law
Course Code
JF_489
Branch of Science
Law
ECTS
6.00
Target Audience
Health Management; Juridical Science
LQF
Level 6
Study Type And Form
Full-Time; Part-Time
Study Course Implementer
Course Supervisor
Andreta Slavinska
Structure Unit Manager
Ieva Puzo
Structural Unit
Faculty of Social Sciences
Contacts
Dzirciema street 16, Rīga, szf@rsu.lv
About Study Course
Objective
The aim of the study course is to develop students’ systematic understanding of the role of law in health protection and health care, the legal framework governing the organisation of the health care system and medical treatment, as well as the rights, duties and responsibilities of the persons involved, while developing their ability to identify, analyse and formulate reasoned solutions to issues in health and medical law.
Preliminary Knowledge
Prerequisite knowledge: constitutional law, human rights law, administrative law, administrative procedure, administrative offence law, civil law and criminal law.
Learning Outcomes
Knowledge
1.1.The student describes the conceptual foundations of health and medical law, the key concepts of health and the health system, as well as the scope of the right to health protection and its legal framework at the international, European Union and national levels.
Individual work and tests
Group work • Final Assessment
2.2.The student describes the fundamental legal principles governing the organisation of the health care system, health policy development and planning, health care financing and cross-border health care, as well as the institutional framework of the health sector and the roles, competences and legal bases for the activities of the institutions and professional organisations involved.
Individual work and tests
Final Assessment • Group work • Mapping of the legal framework of the health system
3.3.The student describes the fundamental legal principles governing the provision of medical treatment and the activities of medical practitioners, medical treatment support persons and medical treatment institutions, the rights, duties and liability of the entities involved in medical treatment, as well as the specific features of the legal framework governing medical treatment in particular areas of health care.
Individual work and tests
Group work • Final Assessment
4.4.The student describes the conceptual and legal foundations of patients’ rights, the rights and duties of patients in medical treatment, the fundamental principles of informed consent, personal data protection and the protection of patients’ rights, as well as the fundamental principles of safety culture, patient safety and the safety of medical practitioners.
Individual work and tests
Final Assessment
Skills
1.1.The student identifies, compares and analyses theoretical approaches, terms and concepts in health and medical law, determining their meaning, interrelationships and significance for the understanding of health and medical law.
Individual work and tests
Final Assessment • Group work
2.2.The student identifies, selects and systematises European Union and national legal sources and other legally relevant sources of information applicable to the functions of the health care system and the entities involved, determining their subject matter and legal interrelationships.
Individual work and tests
Group work • Mapping of the legal framework of the health system • Final Assessment
3.3.The student analyses the legal status, competence, functions, rights and duties of institutions, professional organisations and other entities involved in the health care system, determining the legal basis for their activities and their role within the health care system.
Individual work and tests
Final Assessment • Group work
4.4.The student analyses and legally assesses issues and cases in health and medical law by identifying the legally relevant facts and the applicable law, applying the law to the specific circumstances and formulating well-reasoned legal conclusions.
Individual work and tests
Final Assessment
Competences
1.The student is able to independently and systematically assess issues in health and medical law by integrating knowledge of the health care system, the entities involved, and the applicable law, and to formulate and legally substantiate appropriate solutions.
Individual work and tests
Final Assessment
Assessment
Individual work
|
Title
|
% from total grade
|
Grade
|
|---|---|---|
|
1.
Group work |
25.00% from total grade
|
Test
|
|
During the study course, students complete three group assignments. Each assignment is presented by the group in class, providing a structured account of the analysis undertaken, identifying the sources used to support the analysis, and providing legal reasoning for the conclusions reached. 1. Analysis of the Conceptual Foundations of Health and Medical Law
Answers and conclusions must be reasoned and supported by relevant legal sources, academic literature and other sources used. Each substantive statement must include a reference to the source on which it is based. 2. Analysis of Health Sector Institutions and Professional Organisations of Medical Practitioners
The analysis must describe the respective entity’s place within the health sector, its purpose, functions and competence, identifying their legal basis and practical significance for the functioning of the health care system. The analysis must be supported by relevant legal sources and other legally relevant sources of information. 3. Analysis of the Legal Framework for Acquiring Professional Qualifications in Medical Professions Students analyse one of the designated medical professions and develop a structured scheme entitled “From Occupational Classification to the Acquisition of a Document Certifying Education and Professional Qualifications.” The analysis must identify the legal framework applicable to the respective profession and demonstrate the interrelationships between its elements, covering occupational classification and the status of the profession as a regulated profession, professional qualification requirements, the level of education and the relevant professional education programme, the occupational standard and the regulation of professional competence, as well as the prerequisites for obtaining a document certifying education and professional qualifications. The legal basis for each stage included in the scheme must be identified. |
||
Examination
|
Title
|
% from total grade
|
Grade
|
|---|---|---|
|
1.
Mapping of the legal framework of the health system |
30.00% from total grade
|
10 points
|
|
Students develop a mapping of the legal framework governing the health care system. In developing the mapping, students:
The mapping must be structured and clearly presented so that the applicable legal framework, its content and the interrelationships between its elements can be readily traced. Students present the completed mapping in class, providing a structured explanation of the mapping approach selected, the legal framework identified and the interrelationships between its elements. |
||
|
2.
Final Assessment |
45.00% from total grade
|
10 points
|
|
The final assessment consists of a test and a case analysis. The test assesses the student’s knowledge and understanding of the health and medical law topics covered in the course. In the case analysis, the student identifies the legally relevant facts and the applicable law, applies the law to the specific circumstances, and formulates legally reasoned conclusions. |
||
Study Course Theme Plan
FULL-TIME
Part 1
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Conceptual Foundations of Health and Medical Law
Description
Health and medical law as fields of legal scholarship: their conceptual foundations, subject matter and interrelationship. The concept of health and the factors that influence health. The concept of a health system and its key concepts. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Conceptual Foundations of Health and Medical Law
Description
Health and medical law as fields of legal scholarship: their conceptual foundations, subject matter and interrelationship. The concept of health and the factors that influence health. The concept of a health system and its key concepts. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Health and the Right to Health Protection
Description
Fundamental principles and values of the health system. The scope of the right to health protection and its legal framework at the international, European Union and national levels. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Health and the Right to Health Protection
Description
Fundamental principles and values of the health system. The scope of the right to health protection and its legal framework at the international, European Union and national levels. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Health and the Right to Health Protection
Description
Fundamental principles and values of the health system. The scope of the right to health protection and its legal framework at the international, European Union and national levels. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
The Health Care System in Latvia
Description
Health policy development and planning, and the organisation and financing of health care. Cross-border health care. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
The Health Care System in Latvia
Description
Health policy development and planning, and the organisation and financing of health care. Cross-border health care. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
The Health Care System in Latvia
Description
Health policy development and planning, and the organisation and financing of health care. Cross-border health care. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Institutional Framework of the Health Sector
Description
The legal status, legal basis, competence, functions and delegated tasks of health sector institutions and professional organisations of medical practitioners. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Institutional Framework of the Health Sector
Description
The legal status, legal basis, competence, functions and delegated tasks of health sector institutions and professional organisations of medical practitioners. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Institutional Framework of the Health Sector
Description
The legal status, legal basis, competence, functions and delegated tasks of health sector institutions and professional organisations of medical practitioners. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Legal Framework Governing Medical Treatment
Description
The legal framework governing the provision of medical treatment. The legal regulation of medical practitioners, medical treatment support persons and medical treatment institutions. Application of the legal framework governing medical treatment in specific areas of health care. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Legal Framework Governing Medical Treatment
Description
The legal framework governing the provision of medical treatment. The legal regulation of medical practitioners, medical treatment support persons and medical treatment institutions. Application of the legal framework governing medical treatment in specific areas of health care. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Legal Framework Governing Medical Treatment
Description
The legal framework governing the provision of medical treatment. The legal regulation of medical practitioners, medical treatment support persons and medical treatment institutions. Application of the legal framework governing medical treatment in specific areas of health care. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Legal Framework Governing the Activities of Entities Involved in Medical Treatment
Description
Professional qualifications, registration, certification and competence of medical practitioners. Legal requirements governing the operation of medical treatment institutions. The rights, duties and liability of entities involved in medical treatment. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Legal Framework Governing the Activities of Entities Involved in Medical Treatment
Description
Professional qualifications, registration, certification and competence of medical practitioners. Legal requirements governing the operation of medical treatment institutions. The rights, duties and liability of entities involved in medical treatment. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Legal Framework Governing the Activities of Entities Involved in Medical Treatment
Description
Professional qualifications, registration, certification and competence of medical practitioners. Legal requirements governing the operation of medical treatment institutions. The rights, duties and liability of entities involved in medical treatment. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Conceptual and Legal Foundations of Patients’ Rights
Description
The concept and fundamental principles of patients’ rights and the legal status of patients. The international, European and national legal frameworks governing patients’ rights. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Conceptual and Legal Foundations of Patients’ Rights
Description
The concept and fundamental principles of patients’ rights and the legal status of patients. The international, European and national legal frameworks governing patients’ rights. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Conceptual and Legal Foundations of Patients’ Rights
Description
The concept and fundamental principles of patients’ rights and the legal status of patients. The international, European and national legal frameworks governing patients’ rights. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Patients’ Rights in Medical Treatment
Description
The right to information and informed consent, the rights of minor patients, patients’ duties, personal data protection, and mechanisms for the protection of patients’ rights. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Patients’ Rights in Medical Treatment
Description
The right to information and informed consent, the rights of minor patients, patients’ duties, personal data protection, and mechanisms for the protection of patients’ rights. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Patients’ Rights in Medical Treatment
Description
The right to information and informed consent, the rights of minor patients, patients’ duties, personal data protection, and mechanisms for the protection of patients’ rights. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Safety Culture in Health Care
Description
Patient safety and the safety of medical practitioners and their interrelationship. Reporting and analysis of safety incidents and learning from adverse events. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Safety Culture in Health Care
Description
Patient safety and the safety of medical practitioners and their interrelationship. Reporting and analysis of safety incidents and learning from adverse events. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Current Issues in Health and Medical Law
Description
Analysis of issues and cases in health and medical law, identification and application of the applicable law, and formulation and substantiation of legally sound solutions. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Current Issues in Health and Medical Law
Description
Analysis of issues and cases in health and medical law, identification and application of the applicable law, and formulation and substantiation of legally sound solutions. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Current Issues in Health and Medical Law
Description
Analysis of issues and cases in health and medical law, identification and application of the applicable law, and formulation and substantiation of legally sound solutions. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Current Issues in Health and Medical Law
Description
Analysis of issues and cases in health and medical law, identification and application of the applicable law, and formulation and substantiation of legally sound solutions. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Current Issues in Health and Medical Law
Description
Analysis of issues and cases in health and medical law, identification and application of the applicable law, and formulation and substantiation of legally sound solutions. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Current Issues in Health and Medical Law
Description
Analysis of issues and cases in health and medical law, identification and application of the applicable law, and formulation and substantiation of legally sound solutions. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Current Issues in Health and Medical Law
Description
Analysis of issues and cases in health and medical law, identification and application of the applicable law, and formulation and substantiation of legally sound solutions. |
Total ECTS (Creditpoints):
6.00
Contact hours:
64 Academic Hours
Final Examination:
Exam (Written)
PART-TIME
Part 1
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Conceptual Foundations of Health and Medical Law
Description
Health and medical law as fields of legal scholarship: their conceptual foundations, subject matter and interrelationship. The concept of health and the factors that influence health. The concept of a health system and its key concepts. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Health and the Right to Health Protection
Description
Fundamental principles and values of the health system. The scope of the right to health protection and its legal framework at the international, European Union and national levels. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
The Health Care System in Latvia
Description
Health policy development and planning, and the organisation and financing of health care. Cross-border health care. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Institutional Framework of the Health Sector
Description
The legal status, legal basis, competence, functions and delegated tasks of health sector institutions and professional organisations of medical practitioners. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Legal Framework Governing Medical Treatment
Description
The legal framework governing the provision of medical treatment. The legal regulation of medical practitioners, medical treatment support persons and medical treatment institutions. Application of the legal framework governing medical treatment in specific areas of health care. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Legal Framework Governing the Activities of Entities Involved in Medical Treatment
Description
Professional qualifications, registration, certification and competence of medical practitioners. Legal requirements governing the operation of medical treatment institutions. The rights, duties and liability of entities involved in medical treatment. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Conceptual and Legal Foundations of Patients’ Rights
Description
The concept and fundamental principles of patients’ rights and the legal status of patients. The international, European and national legal frameworks governing patients’ rights. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Patients’ Rights in Medical Treatment
Description
The right to information and informed consent, the rights of minor patients, patients’ duties, personal data protection, and mechanisms for the protection of patients’ rights. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Safety Culture in Health Care
Description
Patient safety and the safety of medical practitioners and their interrelationship. Reporting and analysis of safety incidents and learning from adverse events. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
Off site
|
Study room
|
2
|
Topics
|
Current Issues in Health and Medical Law
Description
Analysis of issues and cases in health and medical law, identification and application of the applicable law, and formulation and substantiation of legally sound solutions. |
Total ECTS (Creditpoints):
6.00
Contact hours:
20 Academic Hours
Final Examination:
Exam (Written)
Bibliography
Required Reading
1.
Ārstniecības likums
2.
Pacientu tiesību likums
3.
Veselības aprūpes finansēšanas likums
4.
Noteikumi par obligātajām prasībām ārstniecības iestādēm un to struktūrvienībām
5.
Noteikumi par ārstniecības personu un studējošo, kuri apgūst medicīniskās izglītības programmas, kompetenci ārstniecībā un šo personu teorētisko un praktisko zināšanu apjomu
6.
Autoru kolektīvs. Medicīnas tiesības. Otrais papildinātais izdevums. S. Slokenbergas un S. Olsenas zinātniskajā redakcijā. Rīga: Tiesu namu aģentūra, 2022.
7.
Pacientu tiesību likuma komentāri. Agnese Gusarova, Ronalds Rožkalns, Santa Slokenberga, Olita Staņislavska, Linda Strazdiņa [un vēl 4 aut.] Santas Slokenbergas zinātniskā redakcijā; redaktore Baiba Krauze-Krūze ; priekšvārda autore Ph.D. Ineta Ziemele. Rīga: Latvijas Vēstnesis, 2019. RSU informācijas centrs. Brīvpieejas lasītava 614.253.8/ P-03
8.
Olsena S. Satversmes 111. panta komentāri. Grām.: Latvijas Republikas Satversmes komentāri. VIII nodaļa. Cilvēka pamattiesības. Sagatavojis autoru kolektīvs prof. R.Baloža zinātniskajā vadībā. – Rīga: Latvijas Vēstnesis, 2011.
Additional Reading
1.
Palkova, K. Nepilngadīgo pacientu un ārstniecības personu tiesisko attiecību problemātika ārstniecības procesā.
2.
Šāberte L. Pacienta tiesības saņemt pārrobežu veselības aprūpes pakalpojumu, ja pacienta piederības dalībvalstī ir pieejama efektīva stacionārā ārstēšana, taču izmantotā ārstēšanas metode neatbilst pacienta reliģiskajai pārliecībai.
3.
Kavot Zillén, Jameson Garland, & Santa Slokenberga. The Rights of Children in Biomedicine: Challenges posed by scientific advances and uncertainties.
4.
Barry Solaiman, I. Glenn Cohen. Research Handbook on Health, AI and the Law.
5.
Poļaks, R. 2016. Tiesības uz nāvi. Eitanāzijas krimināltiesiskie, medicīniskie un ētiskie aspekti. Rīga: Tiesu namu aģentūra.
Other Information Sources
1.
Latvijas Republikas tiesību aktu datubāze Likumi.lv
2.
Eiropas Savienības tiesību aktu datubāze EUR-Lex
3.
Eiropas Savienības Tiesas judikatūras datubāze CURIA
4.
Eiropas Cilvēktiesību tiesas judikatūras datubāze HUDOC
5.
Latvijas Republikas Satversmes tiesas spriedumi
6.
Latvijas Republikas Augstākās tiesas judikatūras nolēmumu arhīvs