Healthcare Laws and Legislation

DEFINITION
What is legislation?
a law or a set of laws passed by a
parliament

Definition

Health Enforcement
as steps taken by an agency to ensure laws, ordinance, acts
and regulations at stage, nation or local level are abided for the
overall health and safety of the targetted population
Neuberger and Christoffel (1986)
as 3 major aspects that are taken into account; a legitimate
body designed to establish enforcement ; the ability of that body
to fully utilize the enforcement laws and datas are being able to
be utilized by the officers in enforcement activities
Moulton and Mathews (2001)

Healthcare Legislation
WHY WE NEED LEGISLATION FOR HEALTH CARE

Effective enforcement
Command and control Healthcare professionals
Healthcare facilities and services
Protects patients/peoples rights to health
people are protected for their wellness and maintenance health

Protection of national interest

Increase participation of private sector in contributing to the health service

essential tool for good governance (under control)

Protection of national interest

Economy
In the light of globalization (new drug / vaccine,
treatment .. )
Sustenance (continuity of health care sector )

Culture
Moral, ethics, religion

Security
Sensitive services (cosmetic treatment, )

Government interest
Credibility, fairness, interest of minority/majority, checks
and balance of powers

Public Health Legislation

Food Control Food Act 1983
Vector Borne Diseases Control Destruction of
disease Bearing Insects Act 1975 (Amendment
2000), Prevention and Control of Communication
Diseases Act 1988
Tobacco Control Tobacco Control Regulations 1993
(under Food Act 1983)
Communicable Disease Control - Prevention and
Control of Communicable Diseases Act 1988,Local
government Act 1976

Challenges-Re-regulating to meet
globalization
The current health laws are not clear in
protecting domestic healthcare players or
transparent on national treatment versus
foreign interest & investment etc.
Old laws need to be reviewed, suitable for
current situation

New Health Laws

Mental Health
Pathology laboratory
Medical Devices
Artificial Reproductive Techniques
Human Tissue
Human Cloning
Cosmetology
Traditional Complementary Medicine

Challenges in healthcaremoral/ethics (1)

New Technologies

Gamete and embryo banks

Designer babies, sexing
Pre-gamete diagnosis
Population policies

Issues:
When does life start? Potential life, Rights vs
Interests
Protection-right to life (eg terminal cases )
Why deprive childless couple ? right to have family
Right to be inform of biological parents

Recommendation
1.

Research to come out good legislation and law, will address :

- protection of domestic interest, safety standard, maintain the quality of health
care profession, transparency
- needs for inputs from experts in health economics, social sciences, behavior
scientist, international law, strategy, trade and policies
2.
Enhancement efficiency of the enforcement
eg The public Health Program Enforcement team, medical program
enforcement team, pharmaceutical division enforcement team (drug
company)
3.

Enforcement of future laws

- human cloning, organ transplant laws

4.

Capacity building in human resource

- constant supply good leaders in performing and implementing laws and
other policies in the MOH