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38

It was decided back in 1905 in the case of Jacobson v Massachusetts, 197 U.S. 11, that mandatory vaccination laws are constitutional in the US (the specific example being mandatory smallpox vaccination - through vaccination, this illness was eradicated globally). The court observed that in every well ordered society charged with the duty of conserving the ...


27

Governments have a significant interest in controlling pathogens and preventing outbreaks: they are dangerous to dense & unimmunized populations. Can a government legally prevent me from intentionally infecting myself with a virus? Yes, governments have the broad authority to enact laws. The US prohibits and regulates pathogen experimentation ...


21

Yes, the government gets to regulate how people work with pathogens. Not least, Coronavirus must be handled in a Biosafety Level 3 facility. It's a good way to collect a manslaughter charge, and a reckless endangerment lawsuit. The problem is you would then become responsible for all unintended consequences that could be connected to your actions. And ...


18

The government cannot force people to get vaccinated, without passing a law to that effect. When they do, they can. This was sorted out in Jacobson v. Massachusetts, 197 U.S. 11, when the Supreme Court, in 1905, ruled: The liberty secured by the Constitution of the United States does not import an absolute right in each person to be at all times, and in ...


17

Yes. In its 1904 term, the Supreme Court upheld the constitutionality of a Massachusetts law requiring small pox vaccinations in Jacobson v. Massachusetts. The Court held that the law did not violate the 14th Amendment by depriving Jacobson of his "liberty" without "due process of law." In upholding compulsory vaccination, the Court used ...


12

Anything related to legality for something like this, depends on where you live. Self-harm or attempted suicide can be illegal in some countries such as Japan. It is a criminal offense in others: see here for a list. You might not consider purposefully contracting coronavirus to be attempted suicide, and maybe 90% of the population will agree with you, but ...


9

This is "Topic #601" in various ForwardHealth interpretative statements about BadgerCare Plus and Medicaid. The last 3 paragraphs say: When commercial health insurance plans require members to use a designated network of providers, non-network (i.e., providers who do not have a contract with the member's commercial health insurance plan) will be ...


9

A medical practitioner may use whatever methods s/he thinks proper and appropriate, subject to the limits of malpractice law, and to the right of the patient (or patient's parent or guardian for a child) to give informed consent to any procedure or treatment. A patient can not insist on a treatment or method that the doctor or dentist does not wish to ...


7

Yes and no In Germany, the first case where vaccination was mandatory was Smallpox. The Bundesverwaltungsgericht had adjudicated back in Juli 1959 – I C 170.56 - that mandatory Vaccination (Impfpflicht) against Smallpox follows the Impfgesetz of 1874 (RGBl. S. 31) which was declared a) still good law and b) in line with the Grundgesetz and so enforced ...


5

From the legal perspective, the question is whether the substance is legal in Australia. The legal root of the matter is the Therapeutic Goods Administration. Dosages above 100 mg are on "Schedule 4" meaning they require a prescription. There are also apparently state regulations. In Queensland, there is an amendment to the Drugs Misuse Regulation ...


5

Welcome to LSE. Here are some answers to your question: No! It's not even close, but something like it is. The OSHA standard you cite is for mercury in the air in the workplace. You ask about "injections," which do not involve mercury in the air, so: this standard does not apply to injections. You ask about "injecting your employees with ...


5

In France, one needs to ensure that the medical application respects the Code de la Santé Publique (CSP). https://www.cnil.fr/fr/quest-ce-ce-quune-donnee-de-sante (mirror) gives an overview of different CSP laws pertaining to medical data. dispositions relatives aux référentiels de sécurité et d’interopérabilité des données de santé (art. L. 1110-4-1 ...


4

Where DRUG exists, a law can be passed to that effect. It's worth noting as a corollary that where DRUG does not yet exist, the government is allowed to quarantine people indefinitely where they present a risk. This was perfectly demonstrated in the case of Typhoid Mary - she was initially quarantined for several years, then allowed out on the condition ...


4

Hospitals in the US that receive federal funding (e.g., Medicare, Medicade, FCHIP, etc.) are required to provide language services under Title VI of the Civil Rights Act of 1964, 52 U.S.C. §2000d et seq to those persons of limited English proficiency who receive services. This US Government Department of Health & Human Services page notes: Persons with ...


4

Yes, the law can make such limits For another common example, an unlicensed person often cannot enforce payment if they carry out building work performed that requires a licence. It's worth being clear here - it's not unlawful to ask for payment provided that it's made clear that the person being asked has no obligation to pay. If a person who was not ...


4

No. Congress, in the Federal Food, Drug and Cosmetic Act, gave the the power to regulate drugs to the FDA, not the President. In addition to giving the FDA jurisdiction, Congress also set up requirements and procedures that the FDA must use to classify and reclassify drugs. (The FDA, acting under the APA and other statutes, has engaged in further procedural ...


4

Presumably you consented to have an x-ray. It is a reasonable assumption that it was not your intention to simply be given the films without interpretation by a radiologist. If that was your intention then the obligation would be on you to make that clear since it is so far from ordinary practice that no reasonable person could know that. To use your ...


3

Florida law (§922.11) does provide that The body of the executed person shall be delivered to the medical examiner for an autopsy. After completion of the autopsy, the body shall be prepared for burial and, if requested, released to relatives of the deceased. If a coffin has not been provided by relatives, the body shall be delivered in a plain coffin. If ...


3

RCW Chapter 26.44 covers abuse of children, and RCW 26.44.030 1(a) states the duty to report: the reporter "has reasonable cause to believe that a child has suffered abuse or neglect" – the law doesn't say "a child is currently suffering abuse", it say "has suffered". But then: subsection (2) says: The reporting requirement of subsection (1) of this ...


3

Yes, in Ukraine, it is legal for doctors to prescribe it, for pharmacies to sell it if prescribed, and for patients to buy it. It is registered with the State Register of Medicines of Ukraine. I’ve seen published cases where the facts mention prescriptions and sales in 2020. It is also frequently supplied through public procurement (as Hydazepam or Gidazepam)...


3

The legality will depend on what exactly you plan to do in order to contract the virus. If you plan to break into a hospital at night and steal virus samples, that will certainly be illegal. If you plan to go out to a crowded place hoping to get the virus from someone, it will only be illegal if you break quarantine rules. Unless you're already sick or ...


3

After contacting the libraries of San Fransico and getting back a very helpful E-mail from the San Francisco Law Library I can now answer it. It is likely that a copy of the ordinance text is retained at the San Francisco Law Library in the 1915 SF General Ordinances as a written or taped in addition. The Journal of Proceedings of the San Francisco Board ...


3

You may, though you may have to be careful about that you say. Providing information about alternative medicine is legal in the US. You can read this article which addresses unapproved medications and therapies from a medical policy perspective, touching lightly on legislation. There are restrictions, enforced by the FDA and the FTC, on what you can sell and ...


2

I'm not sure what country you're talking about, so I'll answer from the United States perspective. Yes, it is perfectly legal for a pediatrician to see adult patients. This happens often, especially when the person has a developmental disability, but it isn't unheard of in situations with perfectly healthy individuals. If you want to switch to a PCP (...


2

In the US, it depends on why you are doing this, and how you go about performing the operation. There are approved devices and procedures, and there is the other stuff. In an emergency that is life-threatening or threatens severe debilitation, it is permitted for a physician to try an extreme measure – if the state has a "Right to Try" law. Otherwise, a ...


2

It is difficult to think of many areas where a child would have Gillick competence but the legal right would rest with the parent in law. One example that comes to mind is enlisting in the Armed Forces when under the age of 18. Section 5 of the Armed Forces (Enlistment) Regulations 2009 requires parental permission to be given for any child enlisting in the ...


2

Insurance law varies from state to state and policies have widely varying language. What your insurance company is bound to [as it refers to their obligations to you to cover charges] is the language in their contract. Without providing a lot more information, all you can get here is some very general information that may or may not apply. There are ...


2

This doesn't answer your question about court records, but I suspect it's what you really want. New York maintains a site where you can search for information about physicians licensed in New York: https://www.nydoctorprofile.com/ In addition to information about court actions, it also has a link to the office that disciplines licensed physicians, so you ...


2

Yes Court records are public unless the judge ordered them sealed. For NY, this is how you get them.


2

To piggy-back off of user6726, I found some supporting materials regarding what's going on: Topic #213 - Sanctions for Collecting Payment From Members Under state and federal laws, if a provider inappropriately collects payment from an enrolled member, or authorized person acting on behalf of the member, that provider may be subject to program sanctions ...


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