The regulation of pharmacy ownership in Australia: the potential impact of changes to the health landscape

Australian community pharmacy ownership restrictions have been in place for many years. However, it is timely to review these structures in terms of the Commonwealth Government's proposed changes to the health care system and the need for flexibility to ensure access of vital medicines to the community. Careful consideration has to be given to the advantages and disadvantages of regulatory structures that limit ownership to pharmacists, compared to non-pharmacist ownership. Other ownership aspects that need to be evaluated include the number of pharmacies one pharmacist should be allowed to own or co-own and the extent of control required on the location of pharmacies.     

Pharmacy practice developments: the potential impact on pharmacists' legal liability

The practice of pharmacy has changed over recent years with a greater emphasis on the patient and the provision of patient care services. This expanded role of pharmacists as medication managers has resulted in changes to their professional responsibility and potential legal liability. Recent international case law demonstrates an increased legal liability of pharmacists in certain instances. However, pharmacists' liability in this new context in Australia is yet to be clarified.     

The Pharmacist's Obligations to Patients: Dependent or Independent of the Physician's Obligations?

It has been 40 years since the seminal papers on pharmacy's status as a profession sparked debate about the pharmacist's role in health care, yet the questions they raised are just as poignant today as they were then. Questions about whether pharmacists are the experts when it comes to drug therapy information can be answered practically by assessing the perception of pharmacists' obligations to patients as being dependent on or independent of physicians' responsibilities. Both options have important implications for pharmacy's status as a profession, the value that pharmacists can add to health care, and a pharmacist's right to deny a patient emergency contraception.     

Developments in pharmacists' disciplinary processes and outcomes

Pharmacy disciplinary processes and outcomes protect consumers by deterring pharmacists from unacceptable practices and maintaining the reputation and standing of the pharmacy profession. It is important that pharmacists are informed of disciplinary processes and outcomes in order to predict what is regarded as unacceptable behaviour and the potential consequences thereof. Disciplinary procedures and outcomes also play an important role in maintaining public trust in the pharmacy profession and it is therefore important that the public has confidence in the disciplinary structure. The outcomes of pharmacy disciplinary cases that reflect the patient care role of pharmacists are particularly important in helping to determine pharmacists' changed professional responsibility and potential legal liability in the provision of these patient care services.     

军事权初论

军事权是军事法学的核心范畴和军事法体系的逻辑起点。与西方国家军事权归属于行政权不同,中国军事权是一项单独的权力,其核心内容包括军事指挥权和军事行政权。对军事权的设定、保障及控制,是军事法的主要功能。     

Contentious Politics in the Courthouse: Law as a Tool for Resisting Authoritarian States in the Middle East

Under what conditions will individuals mobilize law to resist states that operate above the law? In authoritarian countries, particularly in the Middle East, law is a weapon the state wields for social control, centralizing power, and legitimation. Authoritarian legal codes are overwhelmingly more deferential to state authority than protective of citizens' rights. Nevertheless, people throughout the Arab world deploy law to contest a broad array of state abuses: land expropriations, unlawful arrests, denials of jobs and welfare, and so on. Using detailed interviews in Jordan and Palestine, I outline a theory of law as a tool for resisting authoritarian state actors. Integrating qualitative insights with survey experiments fielded in Egypt and Jordan, I test this theory and show that aggrieved individuals mobilize law when they expect courts are powerful and attainable allies in contentious politics. My results further demonstrate that judicial independence does not uniformly increase authoritarian publics' willingness to access courts.     

State Medicaid reform under Section 1115 demonstration authority

Given the complexity of federal Medicaid law and the limitations it imposes on state flexibility, it is likely that states will continue to ask the Secretary to grant waivers under Section 1115 to allow them to pursue new approaches to health care reform. The results of currently operational Section 1115 projects involving statewide managed care systems will be useful in evaluating the Medicaid reform measures currently under discussion in other states and at the federal level. In particular, the ability of the states to control Medicaid and indigent care costs and to utilize federal dollars more efficiently should prove important in evaluating a block grant approach to federal Medicaid funding. Moreover, Section 1115 project results that bear on the sufficiency of various Medicaid capitation rate methodologies will also be of value as more states expand the use of managed care arrangements for their Medicaid populations.     

Medical Marijuana Registries: A Painful Choice?

Though the medical use of marijuana is legal in thirty-three states, it remains illegal under the federal Controlled Substances Act. Any marijuana use can subject individuals to severe criminal and civil penalties under federal law. States that condition patient access and treatment on registration in a state database impose real risks on their citizens. Although many scholars have written about the tension between federal and state treatment of marijuana, this is the first article to examine marijuana patient registry privacy and fundamental rights issues. This article first reviews the relationship between marijuana use and patient treatment, with a focus on health-care and privacy rights under state and federal law. The article then explains how marijuana registries compare to broader patient registries, such as contagious disease and other medical condition patient registries, and the unique issues presented by marijuana patient registries. It then discusses the elevated risk to constitutional, privacy, and fundamental rights that may result if states do not carefully construct marijuana registries. The article concludes by proposing principles for how both states and dispensaries should approach marijuana registries in order to provide health benefits and avoid harm to patients.     

试论《食品安全法》中关于消费者权益保护的欠缺

消费者是食品链中最大的群体。《食品安全法》的立法之本是为了保护消费者的安全,但是《食品安全法》在消费者权益保护方面却存在很多问题,比如,食品安全概念的狭隘,某些法条难以实施,与其它法律之间互相矛盾等。本文分析了《食品安全法》关于消费者权益保护的欠缺之处,并提出了修改建议。食品药品监督管理总局的成立及食品安全监管部门职能的调整改变了以前分段管理的模式,《食品安全法》要做相应的修改。希望在《食品安全法》的修订过程中可以加强对消费者权益的保护,增加该法的实用性。     

The politics of universal access: the Massachusetts Health Security Act of 1988

This article analyzes the passage of an unprecedented state law, promising every resident access to affordable health insurance. The Massachusetts Health Security Act of 1988 was the product of a set of political and financial pressures that had been developing for nearly a decade. Hospital, insurance, and business interests were unable to reach a new accommodation on hospital payment. This logjam created the opportunity for a policy breakthrough, but did not inherently lend itself to progressive reform. It was consumer activism that forced the traditional powers in health policy to address the interests of the uninsured. By imposing a more public-interest agenda on the process, consumers were able to change the configuration of the stalemate, but could not resolve it. The particular terms of the stalemate, however, made possible a new, more aggressive role for state government in health policy. Unable to satisfy their competing interests within a policy framework that had universal access as a goal, traditionally powerful interest groups found themselves increasingly dependent on the state to broker a new agreement. While the many concessions made to these groups are likely to prove to be the bill's undoing, the unraveling of the agreement will not end the story. The same pressures which led to passage of the Massachusetts law and which are now causing other states to act will continue to exert their effect until a more durable solution is found.     

法治结构模式的再认识

对于法治结构模式的认识,有利于我们把握法治的整体性,确保法治的全面性,尊重法治的过程性,防止将法治建设运动化.法治结构模式中的要素结构模式和层次结构模式是两个最基本的模式状态.对两个模式状态的探析,有利于我们全面推进法治建设.     

Tribal law enforcement authority to enforce state laws

This paper summarizes the current status of the ability of tribal law enforcement officers to enforce state law in all states that have Indian country – defined in 18 U.S.C. § 1151 as any Indian reservation, dependent Indian communities, or Indian allotments – within their borders. It is important to understand the current status of those officers as their agencies look to improve public safety in their nations. First, for context, we provide a brief background on tribes and tribal law enforcement. Then, we present a summary of the legal jurisdictional challenges faced by tribal law enforcement. Finally, we analyze the current status of tribal law enforcement officers in each state and conclude with a summary and concluding remarks.     

没有处方买到处方药而引发纠纷的案件分析与思考

药物与人们的生命健康息息相关,也是引发医疗纠纷和诉讼的重要因素。我国目前在保护公众用药安全的制度方面还存在较大的问题,为保护人民用药安全,我国应当尽快出台药品分类管理条例和执业药师法,加快药品分类管理制度和执业药师制度的建设。     

习惯国际人道法规则确立方法探析——兼评红十字国际委员会之《习惯国际人道法》

习惯国际人道法规则的确立,既要遵循国际习惯法的一般原理,又要顾及国际人道法的自身特点。国际性与非国际性武装冲突的区分,在当前历史条件下仍是确立习惯国际人道法规则的前提;在证明国家实践的一致性时应首先确保作为证据的实践属"官方实践";"法律确信"的证明对一些禁止性规则的确立甚为重要;而条约作为国际人道法的另一主要渊源,在习惯国际人道法规则确立中起着重要的证据作用。红十字国际委员会《习惯国际人道法》确立规则的方法,既有可取之处,又存在疏漏,对其分析有助于我们的进一步研究。     

Pharmacist misconduct: the pitfalls of practice

This article identifies the changing role of pharmacists in the provision of health care and analyses 78 complaints against pharmacists over a recent 12-year period in New South Wales, finding that the majority of complaints were in relation to the oversupply of particular medications, from which some pharmacists made significant financial gains. A number of other areas of complaint were identified, including issues in relation to the recording and labelling of medications and the roles and responsibilities of pharmacists, dispensing errors, fraud, and sexual misconduct. As the roles of pharmacists continue to expand, with the growth of "compounding chemists", and the suggestion that pharmacists are now performing basic medical tasks which were once the domain of a general practitioner, it is increasingly important that pharmacy take its place in any debates about the provision and regulation of health services.