78267 The Regulation of Reproductive Health
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
There are course requisites for this subject. See access conditions.
Description
This subject explores the legal aspects of assisted human reproduction, fertility and associated health services delivery. Each of these areas engage health practitioners, patients, families, regulators and businesses in legal, social and ethical challenges in a fast-developing field of regulation and law. Students develop skills in legal analysis, negotiation and dispute resolution relevant to fertility service contexts. Knowledge of the legal aspects of assisted human reproduction, fertility and associated health services delivery and skills in legal analysis, negotiation and dispute resolution are central to ensuring both high quality healthcare to clients and organisational regulatory compliance, at the same time as minimising the risk and associated costs of legal disputes. The subject focuses on law and regulatory frameworks which relate to assisted reproductive services, donor conception and surrogacy. It does so in relation to Australian and relevant international law and regulation, and in relation to contemporary legal and technological advancements in fertility services.
In this subject, students develop the basic skills required to engage with legal questions that arise in the context of fertility services. This is achieved by placing these legal questions in the technological, social and ethical contexts in which they arise. The subject also equips students with practical skills for issue identification and conflict resolution marked by tension, conflicting priorities and disputes in a field of rapid change.
This subject is designed for students from a variety of different academic backgrounds. The subject does not rely on any assumed knowledge of law or the completion of previous law subjects or legal study.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Demonstrate context-specific knowledge of law and regulation pertaining to fertility services. |
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| 2. | Formulate informed judgments and reasoned justification relating to the regulation of human fertility and assisted reproduction. |
| 3. | Critique regulatory responses which arise at the intersection of law and developments in health care and medicine. |
| 4. | Critically reflect upon the role of communication in conflict and conflict management processes. |
| 5. | Demonstrate skills in negotiation and dispute resolution in simulated conflict resolution scenarios. |
| 6. | Critically analyse their own beliefs, assumptions and expectations of complex philosophical, legal and practical issues pertaining to fertility services. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0) - Communication and Collaboration
Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)
Teaching and learning strategies
Strategy 1: Preparation for on-campus learning
Sound preparation is vital to facilitating students being able to work collaboratively in class; it also enables students to build their understanding and monitor their progress through continuous feedback provided to them and their peers during class discussions. Being able to participate actively in informed and meaningful discussion hones individual understanding though collaborative development of analytical skills that evaluate the development of theoretical frameworks and underpinnings of fertility service law.
To prepare for the interactive seminars it is essential that students complete the assigned readings. All learning materials can be accessed from UTSOnline. The questions and hypothetical scenarios are used to stimulate class discussions, raise awareness and encourage engagement with ethical and justice issues relevant to assisted reproduction and fertility services. These materials are also used for a range of other class activities, including collaborative work and the research activities.
Strategy 2: Collaborative and Interactive learning in seminars
Each seminar, students will engage in collaborative group discussion to evaluate preparatory materials in order to develop new perspectives and to share ideas, thoughts and concerns. Students will have the opportunity to seek immediate feedback from the lecturer and peers, particularly to clarify contentious issues in the subject. This strategy is driven by student-centred learning, with the aim of facilitating a deeper level of engagement with the legal and theoretical issues.
Strategy 3: Flipped learning activities – problem-based, practice-oriented activities
Seminars involve a mix of small and large group collaborative discussions; and practical simulation activities. Learning is more effective when engaging in interactive tasks together so that knowledge and skills can be applied to real-world problems. Students are required to assess practical health scenarios, identify legal and policy issues and provide a practical legal analysis for a simulated stakeholder in a health care setting.
Strategy 4: Simulated practice in a health care setting
Students discuss, debate and provide legal analysis for authentic scenarios reflecting what might be encountered in the delivery of assisted reproduction and fertility services. In-class exercises provide students with the opportunity to assess competing values and interests that reflect the complex dynamics and stakeholders involved in fertility services. A simulated dispute resolution exercise provides students with the practical challenges health services managers are likely to encounter, and encourages students to develop critical analysis, oral communication and collaboration and research skills to resolve the dispute effectively.
Strategy 5: Early and consistent feedback
Students will receive early feedback on their foundational knowledge of the Australian legal system and the basic framework of assisted reproduction and fertility service law via a series of preparatory learning exercises prior to Day 1. The collaborative learning approach utilised in class will enable ongoing feedback to be provided as class discussions unfold and areas of learning need are identified. The use of practical exercises in class such as legal analysis, problem questions and negotiation will provide opportunities for feedback on skills. In the class negotiation exercise students will provide peer feedback and self-assessment.
Content (topics)
Topic 1: Background to fertility service law
- Introduction to the Australian legal system and to health law
- Introduction to the national and international framework of human fertility and assisted reproduction law and regulation
- Normative values of assisted reproduction and fertility services law
Topic 2: Legal skills
- Legal Reasoning
- Argument School: A Brief Guide to Critical Thinking, Reading and Writing
Topic 3: Assisted reproduction
- Legal aspects of access to assisted reproductive services
- Legal aspects of assisted reproduction technologies: storage; service delivery; use; information provision
- Legal aspects of reproductive material: storage; use; posthumous reproduction
Topic 4: Surrogacy
- Legal aspects of donor conception and surrogacy
Topic 5: Dispute resolution
- Having difficult conversations and the process of negotiation as a technique of conflict resolution
- Conflict Resolution Simulation
Topic 6: Emerging and contentious issues
- Legal aspects of genetic enhancement and testing
- Legal limits and loopholes: Cross-border reproduction
- New legal horizons: Scientific and technological advancements and the changing landscape of fertility services
Assessment
Assessment task 1: Developing Legal Research and Analysis Skills
| Intent: | This assessment engages students in identification of key legal features of assisted reproduction and fertility services and in the analysis of health care fact scenarios to demonstrate skills in legal research and to identify relevant legal issues contained within those scenarios. Students have the opportunity to demonstrate knowledge, skills, and conceptual understanding in relation to key areas of law and the skills of basic legal analysis. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 6 This task contributes specifically to the development of the following graduate attributes: 3.0 and 4.0 |
| Weight: | 30% |
| Length: | 1,500 words equivalent |
| Criteria: |
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Assessment task 2: Legal Analysis
| Intent: | Building on Assessment task 1, this assessment engages students in the analysis of health care fact scenarios to identify relevant legal issues contained within those scenarios while providing sustained analysis. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 6 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
| Weight: | 30% |
| Length: | 1,500 words |
| Criteria: |
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Assessment task 3: Scenario-based Dispute Resolution Exercise
| Intent: | This assessment item focuses on the application of negotiation and alternative dispute resolution processes in a simulated health care setting. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 4.0 and 5.0 |
| Weight: | 40% |
| Length: | 2,000 words equivalent: There is no written component of this assessment. Each exercise (i.e. each pair of groups) will take approximately 20 minutes. |
| Criteria: |
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Minimum requirements
To pass the subject students must receive a total mark of 50% or more.
Required texts
Most of the readings for this subject will be available as eReadings via the Library DDR. Additional readings may be provided to the class. A list of required reading will be available on UTSOnline.
Recommended texts
Please refer to UTSOnline for a list of recommended texts.
