Gujarat Law Society

GLS Law College, Ahmedabad

Integrated Five-Year B.A. LL.B. Programme
Academic Year: 2019-20
Batch: 2016-2021
SEMESTER: VIII - COURSE MODULE

Course Title: Health Law

Course Code: IL – 407

Credit Hours: 5 (Five)
Number of Sessions: 40 sessions

Faculty: Ms. Rucha N. Vora (B. Com., LLM, PGDHRM, PGDBA)

Email: ruchavoraglslc@gmail.com

1.0 About the Course:

Health law is the branch of law dealing with various aspects of health care, including
the practices of caregivers and the rights of patients. It is a broad and interdisciplinary
field that involves any law which affects the health of individuals and the public. The
health law field includes specific as well as general laws that regulate the health
industry, the public’s health, and the delivery and financing of health care services.
Health laws impact health and health care scenario of a country. Effective health laws
and legal frameworks provide the foundation for strong and resilient health systems.
One of the most significant areas of ethics and law interface is the field of medicine.

Breakthroughs in technology have resulted in finding answers for many of the human
health conditions as well as diseases which were thought to be untreatable in the past.
However the advantages of modern technology are not free from loopholes,
especially in the present era of commercialization. Hence, law plays a pivotal role in
regulating the application of technology in this branch of science to cater to the best
interests of the society. Added to this, the ethical considerations surrounding
 developments in medicine are many, which pose challenges to law and society
equally.

2.0 Aims of the Course:

Medical law and medical jurisprudence is a very significant and an upcoming branch
of law. It has been neglected for a long time and hence the need to study the loopholes
in the field arises. Along with the old legislations, new laws and amendments require
the study of the health law in India.

Following are the aims of this course:

1) To examine the international perspectives and conventions on health law in the

light of key laws, regulations and regulating bodies that govern the health laws
and medical practice in India.
2) To study and analyse the national health policies in India.
3) To understand the legal aspects of medical practice and ethics in the medical
profession.
4) To evaluate the role of health law concerns and the legal issues arising from
the provision of health care services, the impact of new technologies on health
care, the regulation of the health professions and public health.

3.0 Learning Outcomes:

At the end of the course and having completed the essential readings, the students
would be able to:
1) Articulate and discuss international as well as national perspectives of health
laws.
2) Learn the vital principles of medico-legal jurisprudence.
3) Understand the concept of legal and ethical restrictions on medical profession.
4) Know and identify the relevant laws, policies and regulations governing the
health and medical laws in India.

4.0 Essential Readings/Books:

1) Lawmann’s Medical Jurisprudence and Toxicology – Nayan Joshi

 2) Lawmann’s Medical Evidence – Kant Mani
3) Lawmann’s Medical Negligence & Compensation – Ram Shelkar
4) Freemain – Law and Medicine
5) Micheal Davis – Textbook on Medical law
6) Jonathan Herring – Medical Law and Ethics
7) R.K. Bag – Medical Negligence and Compensation
8) Healthcare in India: An Introduction to Law and Legal System – Dr. Sairam
Bhat
9) Mental Healthcare Act, 2017 – Bare act
10) The Medical Termination of Pregnancy Act, 1971 – Bare act
11) Pre-Contraception and Pre-Natal Diagnostic Techniques Act, 1994 – Bare act
12) The Transplantation of Human Organs and Tissues Act, 1994 – Bare act

5.0 Pedagogy:
The sessions will be a combination of various methods and approaches of the teaching
leaning process, such as:
 Lecture & Case laws Discussion Method using Microsoft PowerPoint
Presentations
 Chalk and talk Method
 Analysis of Cases
 Group Discussion
 Videos and short films

6.0 Evaluation Components:

Components Weightage Total Description Time Period

Marks
Attendance 5% -------- Attendance --------
requirement as per
University rule
Project Report 10 % 10 Students are to make Thursday, 23rd
submission on project work on the January 2020
given topics in soft given topics
copy

Mid Semester 15 % 50 Written examination February 2020

Examination
 End Term 70 % 70 Written examination March 2020
Examination Tentatively
*Dates of the exams are tentative and are subject to change

7.0 Session Planning:

Similar to the last semester course, all total 40 class-room interactions have been
planned for the course. The planning of the session is described in the following
matrix:

Unit Session Topic of Discussion

Number
1 Introduction to the topic
Unit I

 Meaning and importance of health and health laws

2-3 Topic of Discussion:
 International perspectives of healthcare –
 Healthcare scenario in UK
 Healthcare scenario in US
 Healthcare scenario in India

4-5 Topic of Discussion:

 TRIPS and Public Health
 ALM ATA Declaration
 Doha Declaration

6-7 Topic of Discussion:

 World Health Organization – Role of WHO in Public Health
 International Health Regulations

8 Topic of Discussion:
 Constitutional Perspectives of Health Law
Unit II

9-11 Topic of Discussion:

 Public Health Policies – Govt. of India:
 Aayushman Bharat Bill, 2018
 National Health Mission
 National Health Policy, 2017

12-13 Topic of Discussion:

 Code of Ethics in Medical Profession
 Medical Council of India
 National Medical Commission

14-19 Topic of Discussion:

 List of offences and professional misconduct of doctors
  Licenses, certification, accreditation of healthcare
establishments
 Legal aspects of medical devices and implants in India
 Legal issues in conducting clinical trials in India
Unit-III

20-23 Topic of Discussion:

 Legal aspects of medical practice:
 Right to privacy
 Confidentiality and privileged communication
 Informed consent in medical profession
 Certification in medical profession
24-27 Topic of Discussion:
 Medical Evidence
 Medical Witness
 Medical Negligence:
 Civil liability
 Criminal liability
 Consumer protection
28-29 Topic of Discussion:
 Examination of living person in medico-legal service
 Legal aspects of death:
 Post-mortem examination
 Dying declaration
Unit-IV

30-36 Topic of Discussion:

 Mental healthcare Act, 2017
 Euthanasia
 Legal and policy challenges to surrogacy in India
 Assisted Reproductive Technology (Regulation) Bill
2010
 The Surrogacy (Regulation) Bill 2016
 Legal regulation of abortion in India
 Medical Termination of Pregnancy Act,1971

36 – Topic of Discussion:
40  Pre-Contraception and Pre-Natal Diagnostic Techniques Act,
1994
 Legal aspects of genetic testing
 Paternity Testing
 The Transplantation of Human Organs and Tissues Act, 1994
 Charter of Patient’s Rights