Healthcare Practices and the Law

Healthcare Practices and the Law
Chapter 24 Questions
1. What Does NOTA Regulate and What Does Is Not Regulate?
The national organ transplant act is an organization that oversees the transfer of human organs from the donor to the recipient. The organization regulates the process involving the procurement and use of organs and tissues from a donor to a recipient with the hope of ensuring that the due process is followed in the acquisition and the transplant of these organs and tissues (Cherry & Jacobs, 2016). However, the organization does not oversee the management of human remains used for research and education. The regulation for using body parts donated to a health care facility for purposes of research and education solely lies with the institution in which the donation is made.
2. Recent Scandals Related To Universities and the Sale of Body Parts
Several scandals have come up in the last few years touching on universities and the sale of human bodies. One of the most memorable and scandalous occurrences involved the University of California in Los Angeles. An intermediary by the name Nelson was accused and found guilty of selling body parts meant for research at the university’s medical laboratory. At the University of Texas, the institution faced a scandalous situation after engaging in the buying of fetal organs from a Planned Parenthood organization.
3. What May Happen If The Ultimate Purchase of a Body Part Is Highly Separated From The Initial Act Of Theft?
People who purchase parts of a body from a dealer without the knowledge that the organs were stolen cannot be lawfully persecuted.

If a person can prove his or her innocence and the lack of knowledge of the possible crime that led to the acquisition of the organ then a sort of agreement can be reached outside the courts (Cherry & Jacobs, 2016). However, it is vital for people to follow the due process while acquiring body parts for whatever reason to avoid unnecessary scandals.
4. What effect might the legalization of the market for body parts and products have? What has hindered the legalization of the market?
Legalizing the market for body parts and products will ensure that research facilities have adequate access to the necessary materials. Moreover, hospitals and healthcare facilities will manage to function effectively by ensuring that they have enough supply to take care of urgent patients. On the other hand, legalizing the market would make it easy for organ traffickers to get body parts in and out of facilities. Commoditization of the human body and the lack of finances to support the legalization agenda are the major hindrances to the market legalization for body parts and organs (Phillips, 2016).
5. Describe the general outcomes for the kidney donors and recipients
The outcomes of both the seller and the buyer of the organ depend on the nation regulation principles governing the buying and selling of body organs. Most nations allow people to donate body parts and receive a certain amount of compensation (Cherry & Jacobs, 2016). Therefore, the money that the donor received can be argued to be the compensation and whatever the donor uses the money for is not important. Similarly, the money that the buyer gave out can be seen as a token of appreciation; and therefore, none of the participants is legally wrong.
Chapter 29
1. The criteria to consider while determining the capacity of a minor to consent to medical treatment
The healthcare practitioners must ensure that the minor is mature enough to make decisions concerning his or her health. Determining the maturity of the minor should be based on age, behaviors, level of education, standards of proof, and the ability of the child to make informed decisions (Phillips, 2016). The minor’s ability to understand the consequences of their actions should also be considered when determining the minor’s maturity level. The practitioner should also determine if the parent’s choice is in the child’s best interest before ruling out the choice of the minor.
2. When do a minor’s choices take precedence over the parents’ choices? Can state law change that?
The minor’s choice takes precedence over the parent’s if the minor is considered a mature minor mostly in life-sustaining treatments. Moreover, the minor’s choice can take precedence regarding conditions such as mental health and sexually related complications (Phillips, 2016). In the case of an emergency and the parent is not available, the minor’s choice can take precedence. The state law does not have the capacity to change that because in doing so, it would infringe on the rights of the citizens.
3. Why states get involved in minor’s medical care
The state can get involved in the minor’s care if the parents show malicious intents towards the child. Consequently, the state can get involved to protect the child if he or she is unable to make the decision and the parents are unavailable. The state’s responsibility is to protect human life and avoid medically aided suicides, hence their involvement in minor’s health issues. Lastly, states get involved in child’s medical care to protect the integrity of the medical field.
4. Reasons for determining and documenting a minor’s maturity
Determining and documenting a minor’s maturity level ensures that one is not accused of negligence in practice in case the minor dies. Documenting the details also help practitioners maintain the ethics of the medical profession (Cherry & Jacobs, 2016). In other words, it protects the provider from any liability arising from the minor’s choice.
5. When do most minors begin to employ mature thinking processes? What are some criticisms of Piaget’s model in the context of medical decision-making?
According to Piaget, children attain thinking maturity from the age of twelve. At this age, the thinking capacity of the minor is as good as it will ever get. Critics argue that Piaget was biased in generalizing the age at which minors acquire maturity in thinking because the thinking capabilities of people differ. Some minors might be considered mature before the age of twelve while others attain maturity past twelve years.
Chapter 35
1. Characteristics of research and development of new medical products
Research and the development of new medical products is a lengthy practice that involved various groups of stakeholders. The process is also costly and most companies shy away from conducting these researches for the fear of losing money. The legal requirement of conducting research and the development of new medical products are many and only a few of the developed products are allowed into the markets (Cherry & Jacob, 2016). Stage-specific practices prolong the drug development process and make the business undesirable for entrepreneurs.
2. Obtaining FDA approval for medical products versus generic versions
The requirements of obtaining FDA approval for a generic drug are less severe in comparison to the requirements for the medical products. The generic version goes through a less clinical testing process and the developer is not required to prove the scientific merit of the drug. These products are allowed into the market easily for their economic gain. Generic versions save the common citizens a lot of money and they help in lowering the cost of the original drug (Phillips, 2016). Therefore, the FDA allows these drugs into the market easily because they help to regulate the economy.
3. Clinical trial research without informed consent
Acquiring informed consent before conducting any clinical trial is paramount and one of the key FDA approval requirements. However, some situations give the practitioners the right to try the products on patients without their consent. The emergency rule research excludes the need for informed consent if the life is in danger and other proven medications will not work (Cherry & Jacob, 2016). In children, consent is waived if the benefits of the drug outweigh the probable threats.
4. What does the informed consent process provide to participants? May informed consent be obtained from children?
Informed consent process provides the participants the right to make own decisions concerning the dangers associated with new drugs. It allows the participant to exercise autonomy in decision-making. Informed consent can be obtained for children who are old enough to be considered mature; otherwise, the choice lies with the patient and the caregivers. Foster children lack an advocate this making it hard for them to acquire informed consent (Cherry & Jacob, 2016).
5. What did a government report, authored in 2001, conclude about Pfizer’s clinical trial of the drug Trovan in Nigeria? What happened to the report? What subsequently happened to Pfizer?
The report concluded that the researcher did not do due process before testing the drug on the children; therefore, the research was illegal. The report was kept confidential until an anonymous person leaked it to the press. The victims sued Pfizer in the U.S on four accounts. He agreed to pay the victims and the families of the dead children a fee of seventy-five million dollars.
Chapter 39
1. The role played by the reform of the nation’s health care laws and regulations in the reform of health care.
The reform of the nation’s health care laws and regulation has the capacity to change the health care industry by eliminating barriers that hinder effective functioning of the industry. These reforms can help manage the markets and allow all citizens easy access to care. Some of the current healthcare laws and regulations include antitrust rules and regulations, affordable health care, and rules governing the staffing of the institutions. The current laws and regulation are based on a collective thinking approach (Phillips, 2016).
2. Need for comprehensive reforms in the U.S
The laws and regulations governing the healthcare industry are intrusive thus causing the institutions to become evasive. Additionally, these laws limit the ability of the healthcare institutions to function thus affecting the quality of health. The rules have complicated the market, which has potentially detrimental effects on the health of the public (Phillips, 2016). Lastly, the success of the healthcare industry can only be achieved if care was a personalized approach rather than a collective thinking.
3. The balance between what two forces must be examined so that the U.S. can remain competitive in the global health care arena
There needs to be a balance between the consumer needs and the health care industry requirements for effective competition of the nation in the global health arena. The regulations must honor the transparency and protection needs of the consumers (Cherry & Jacob, 2016). Similarly, the regulations must honor the innovation and capital needs of the industry. Balancing these two forces will go a long way in achieving the needed reform in the U.S health care industry.
4. What questions may arise related to potential limits on care
Potential limits of care might be excusable in the future if they encourage the protection of the industry and the consumer. The effects of the limits will be weighed against their ability to create innovation and provide transparency in the industry (Phillips, 2016). Moreover, limitations that support individualized care might be welcome for the American people in the future. The question of how the limits affect the technological development of the industry may also arise in the future.
5. What role do congressional committees play in the oversight consolidation of the U.S health care systems?
The congressional committees can identify the need for these consolidations by analyzing the functioning of the industry. Additionally, the committee can gather information about how the consolidation process can be achieved in the industry. The Congress can recommend the possible reforms and pass the bill presented by different stakeholders. Lastly, the committees can support and oversee the implementation of the stated reforms.

References
Cherry, B. & Jacob, S. (2016). Contemporary nursing: issues, trends, & management. St. Louis, Missouri: Elsevier.
Phillips, R. (2016). America’s healthcare transformation: strategies and innovations. New Brunswick, New Jersey: Rutgers University Press.