Health Law Review articles from December 2005

Health Law Review archives from December 2005

The constitutionality of mandatory reporting of gunshot wounds legislation.(Canada)
December 22, 2005... In its final report of October 2004, the Select Special Health Information Act Review Committee (the "Review Committee") decided that "the current provisions [of the Health Information Act] do not allow the police adequate access to health...

Police experience with the Health Information Act: the Edmonton Police Service's submissions to the Select Special Health Information Act Review Committee.(Alberta)
December 22, 2005... The purpose of this article is to identify the issues and concerns that have been raised by members of the Edmonton Police Service ("EPS") with respect to the Health Information Act (1) ("HIA") and to provide a summary of the submissions made...

A practitioner's response to the Final Report of the Select Special Health Information Act Review Committee.
December 22, 2005... The Final Report of the Select Special Health Information Act Review Committee (SSHIARC), released in October, 2004 should make any reasonable physician recoil in horror. The Committee recommended that: "31. The Act should be amended...

Electronic health records as a threat to privacy.(Canada)
December 22, 2005... Introduction Governments across Canada are investing millions of dollars into the creation of electronic health records systems. While these systems offer great promise of improving the nation's health care system, they also pose...

Legal protections of electronic health records: issues of consent and security.(Canada)
December 22, 2005... Introduction Electronic health records (EHRs)--comprehensive compilations of a person's health care history, accessible by health care providers and others through electronic networks (2)--are a growing issue in Canada. In 2002, the Kirby...

Substitute decision-makers in privacy legislation that affects health information in Alberta.
December 22, 2005... I. Introduction The authority to exercise the rights and powers of the individual is a fundamental component of all health information privacy regimes. Legislative entitlements are meaningless without the ability to exercise rights or...

A voluntary privacy standard for health services and policy research: legal, ethical and social policy issues in the Canadian context.
December 22, 2005... In this review, the authors describe how one group of Canadian researchers has begun to address current privacy protection challenges with the end goal of developing a Canadian national standard for privacy protection specific to health...

The realities of implementing health information legislation: the Manitoba experience, 1997-2004.
December 22, 2005... In the late 1990s, an increasing global emphasis on data protection and the expansion of provincial health information systems provided the optimal context for developing health information access and privacy legislation. Manitoba's Personal...

Federalism and public health law in Canada: opportunities and unanswered questions.
December 22, 2005... Public health renewal has emerged as a central policy issue in this country and has, at least for a moment, overcome the shadow of its health care cousin. This attention has been largely precipitated by the re-emergence of new infectious...

The electronic health record in Canada: the first steps.
December 22, 2005... William Pascal, Director General, Office of Health and the Information Highway, Health Canada, described the "ideal" health care system in Canada as follows: Borderless. Seamless. Accessible in all reaches of the country. Delivering fast,...

Regulating consent to human embryo research: a critique of Health Canada's proposal.
December 22, 2005... In March 2004, the Assisted Human Reproduction (AHR) Act received Royal Assent. (1) The law includes an explicit prohibition on the creation of human embryos for research. Consequently, the only embryos available for research use are those...

Direct-to-consumer advertising for prescription drugs in Canada: beyond good or evil.
December 22, 2005... Canadians have always had a hard time reconciling health and mercantilism. The publicly-funded system is, in part, responsible for nourishing this collective position, as Canadians rarely have to pay physicians and hospitals directly for the...

Personal inviolability and public health care: Chaoulli v. Quebec.(Canada)
December 22, 2005... While much of the recent discussion about health care in Canada has been dominated by economic reasoning concerning the effects of privatization on the public health care system, the recent case of Chaoulli v. Quebec (Attorney General) (1) is...

Ghost of a chance: Gregg v. Scott in the House of Lords.(United Kingdom, Canada)
December 22, 2005... In January 2005 the House of Lords released its long-awaited decision in Gregg v. Scott. (1) By a 3:2 margin the court held that factual causation in medical malpractice cases should not be resolved on a loss-of-chance basis. This note presents...