2459.19 - Health Law
Bachelor’s degree or equivalent with adequate component of law.
To provide insight into Health Law as a distinct legal discipline. The course aims at MA students in law and MSc student in health science, but others will find the course useful, not the least employees in the health sector, but also regular citizens.
Health Law is about the basic rules and provisions regulating the health authorities, their activities and duties towards patients and patient rights generally. The course covers the function and the arrangement of the health care system, including division of responsibilites between the private and public sector, and the differences between services and rights in primary healthcare (like practitioners, dentists, health visitors etc.) and secondary healthcare (hospitals, specialists etc.). The course will relate to and cover these specific types of services and rights in primary health care: *Services from the public health insurance (Heilsutrygd). *Free services from general practitioners. *Treatment for drug abuse. *Services from pharmacies. *Preventive health service. *Dental care for children. *Home care. *Services in accordance with law on care services for elderly, like nursing homes. The course will cover these types of services and rights in secondary health care: *Free treatment in the hospital sector. *Treatment in the Faroe Islands and abroad. *The patient’s right to have a supportive person accompanying while abroad for medical treatment. *Recovery programs. *Transplantation. *Fertility treatment. *Cosmetic treatment. *Termination of pregnancies. *Sterilization. *Autopsy. *Criteria for determination of death. *Infectious disease prevention etc. In addition, the course covers self-determination of patients; access to information and confidentiality; the system on authorization of personnel; the duties of health care personnel; psychiatry and compulsory treatment; compensation to patients for malpractice, patient’s complaints, inspection and supervision; research institutions and approval of health research.
Learning and teaching approaches
Approx. 40 hours. The teaching will be mainly organised as lectures and exercises.
The students shall: -Be able to describe and explain applicable health law and basic rules and principles within the discipline. - Be able to explain the interactions between health law and neighboring legal disciplines, not least the interaction with general administrative law. - Be able to analyse difficult health law challenges, demonstrating insight and understanding of all relevant kinds of legal sources. - Demonstrate the ability to explain alternative solutions to difficult cases, and in a reasoned manner point towards the preferred solution. - Be able to explain and assess the importance of different types of legal sources relevant to health law, including court practice, ombudsman practice and administrative practice. - Present and formulate knowledge and arguments within health law correctly and succinctly in eloquent and correct language.
External examiners (with teachers) Oral exam approx. 20 min. Preparing for the oral exam the student will have half an hour and will be allowed to bring all the course material and other materials from the classes. The exam question will be on a particular subjects raised in the course material.
Mette Hartlev, Ulla Hybel, Peter Bak Mortensen, Sundhed og Jura, 2. útg., Jurist- og Økonomforbundets Forlag 2017 [Textbook in Healthlaw] is the basic work. Farose legislation, prepatory works, court and agency decisions etc. will also be part of the materials. Reading list will amount to between 500 og 600 pages. Materials will be available online on the Moodle network prior to teaching.