Hot answers tagged

65

There isn't any rule which would prioritize the President, as far as I can tell. Generally, organ allocation is required to be based on medical criteria, not on factors such as the occupation or societal role of the patient. 42 USC 273 specifies that organ procurement shall be administered by "qualified organ procurement organizations" and sets up ...


56

This really kind of expands on what an "organ waiting list" is and how they work (and why rich people like Steve Jobs get transplants quickly)... When somebody who is an organ donor dies, the organs are removed and they have a very limited lifetime. Typically they are made available to local hospitals within a certain range. This means for a ...


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 ...


38

There is no such legal requirement coming from federal or NY state law. Doctors can refuse treatment when the patient is abusive or the matter is outside the scope of their practice, and that can include a test which requires skills, equipment or a contractual relationship that they don't have. Also if a procedure conflicts with their professional duties (...


23

In england-and-wales this would fall within the Mental Capacity Act 2005 and depends on whether he lacks the mental not physical, capacity to make the decision for himself. Can he: Understand the information relevant to the decision Retain that information Use or weigh that information as part of the process of making the decision Communicate that decision (...


19

If I go to my doctor's office and request that they order a specific blood test for me, can they refuse? Yes. Is there anything in HIPAA (or other laws) that compels a medical professional to order a test that has been requested by their patient? Generally, no. Unless the medical professional has entered into a contract to provide it with the patient ...


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

In Washington state, a marriage could be challenged because a party lacked capacity to consent to the marriage or domestic partnership, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage or domestic partnership by force or duress, or by ...


12

According to South Carolina law: SECTION 20-1-10. Persons who may contract matrimony. (A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony. (The prohibited list includes close relatives, people who are already married, people under 16, and people of the same sex, ...


10

In france, consent can be presumed from past actions and behavior. In this case, having a wedding planned for later the same week, rings bought, and so on would probably work. The same principle allows marriage of a dead fiancee.


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 ...


6

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

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 ...


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

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

This is a valid question that comes up from time to time. The answer can be a bit fuzzy and the law on questions 1 and 2 is often not well spelled out. This answer refers only to U.S. legal history without much customization for Maryland in particular, so I may omit references to some relevant Maryland specific statutes or cases of which I am not aware. ...


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

This was a resolution of the San Francisco Board of Supervisors, passed on 1918-10-24 as the Chronicle reported the following day. "Everyone Is Compelled to Wear Masks by City Resolution". San Francisco Chronicle, 1918-10-25. page 1. The texts of resolutions may be obtained from the Clerk of the Board, but one needs to know the specific ...


4

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 ...


4

The Missouri trespass law is here. The police will not detain a person for expressing himself, even repeatedly, though a court order to stay away would change things. The law says A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a ...


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

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

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

BC employers are required to give workers three days of unpaid personal illness & injury leave per calendar year. However, this protection only applies to workers who have held a job for more than 90 days. If you have not held the job for that long, it does not appear that any protections apply to you. Note that (as of March 2021) there are separate ...


3

In this statement of "Patient Rights & Responsibilities from Nash UNC it is said that: A patient has the right to know the names and the jobs of his or her caregivers. But I do not find any actual law that establishes such a right. Hospitals usually have a policy that doctors and other caregivers must wear name-tags and identify themselves to ...


2

What fraud would I or the provider be committing? None. Their conclusion reflects their cluelessness about the prima facie elements of fraud. Since the insurers already declined coverage, the only person that could have standing to sue for fraud is you. And clearly you don't intend to proceed against the provider. The insurer has no viable claims [against ...


2

The ADA does not prohibit private entities from asking potential customers about disabilities. Title I, Section 102 (c) [Medical Examinations and Inquiries] puts limits on what an employer can ask potential employees. Title III, sections 301 through 310, which covers public accommodations and services operated by private entities, does not mention medical ...


2

The simple answer is, no. Standards for toxic and hazardous substances are here. Thiomersal is not listed, no injections into humans are regulated. It is impossible to compute the applicability of mercury regulations to your scenario because we'd have to know what the form of mercury is (read the regulations) and how much there is.


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