79795 Regulatory Framing of Health Care 1

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Subject handbook information prior to 2023 is available in the Archives.

UTS: Law
Credit points: 3 cp
Result type: Grade and marks

Requisite(s): ((96 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

Regulatory Framing of Health Care 1 engages in the legal and regulatory structuring of health care. The subject introduces students to the evolving and diverse field of health law, at both local and global scales. It does so by understanding and applying developing health law expertise to the health and health services policy challenges that face the contemporary health care system and its operation, reviewing the influence of health law and the legal system. It is designed to help students understand the nature of law, the relationship between policy, practice and law, the use of legal and regulatory instruments and techniques to shape the flow of events in health care. The subject examines the issues that confront healthcare professional, their patients, policy practitioners and government in the context of continuing systemic and resource problems. This includes the regulation of the various health professions, medical negligence, managing treatment and service delivery, complex and emerging areas like euthanasia, wrongful birth, wrongful life, complementary and alternative medicine as well as public health law issues such as infectious disease control and obesity. Students receive the opportunity to examine and synthesise relevant issues of regulation and health law and engage with concepts and applied debates through a variety of case studies and workshops.

Subject learning objectives (SLOs)

1.	Develop a critical awareness and analysis of classic and contemporary theories of regulation and governance.
2.	Demonstrate context-specific knowledge of health law and the major discourses which influence health law today.
3.	Formulate informed judgments and justification of a variety of regulatory and legal instruments and concepts.
4.	Interpret and communicate new insights on regulatory regimes and instruments;
5.	Demonstrate context-specific knowledge of future directions for regulation and governance in domestic, global, and transnational contexts;

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

• Legal Knowledge
  An advanced and integrated understanding of a complex body of legal knowledge including:
  a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
  b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
  c. The principles and values of justice and ethical practices in lawyers’ roles;
  d. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
  e. Contemporary developments in law and its professional practice. (1.1)
• Ethics and Professional Responsibility
  An advanced and integrated capacity to value and promote honesty, integrity, cultural respect, accountability, public service and ethical standards including:
  a. An understanding of approaches to ethical decision making;
  b. An understanding of the rules of professional responsibility;
  c. An ability to reflect upon and respond to ethical challenges in practice;
  d. A developing ability to engage in the profession of law and to exercise professional judgment; and
  e. An ability to reflect on and engage constructively with diversity in practice. (2.1)
• Critical Analysis and Evaluation
  A capacity to think critically, strategically and creatively, including an ability to:
  a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
  b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
  c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1)
• Research Skills
  Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
  a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
  b. Apply ethical research practices. (4.1)

Teaching and learning strategies

This subject is taught using a variety of teaching and learning strategies. The strategies used emphasise active and applied approaches to developing your ability to make informed judgments based on context-specific knowledge of health law and regulation in a policy-oriented context.

Strategy 1 Case Scenarios Cases are used to help students explore health law related scenarios. Cases depict real health service delivery contexts and the legal issues which arise. Students read and discuss these scenarios to learn concepts, interpret information, form judgments and develop creative solutions. Critical thinking is developed through analysis, interpretation of and reflection on issues or situations.

Strategy 2 Simulation Students participate in simulation sessions that focus on integration of key concepts and skills. In these sessions, students are introduced to a range of skills required to demonstrate ‘legal astuteness’. Simulation activities are practical learning experiences designed to give students exposure to a comprehensive range of scenarios that may be encountered in workplace settings.

Activities include the use of audio-visual aids, interactive-computer programs, group SMS and guest briefings. Students learn and practice a variety of ‘hard’ and ‘soft’ skills with case scenarios in a safe, small-group context.

Strategy 3 Briefings and Roundtables This subject does not use lectures. However, where required short briefings and debriefings are given by the lecturer in response to student-identified learning needs, challenging areas of subject content reflect on a particular skill area or exercise. Roundtables are also used, where subject-matter or industry leaders are gathered in an informal roundtable discussion on particular topics.

Content (topics)

• Major Themes of Health Law and Regulation;
• Argument School: A Brief Guide to Critical Thinking, Reading and
• Writing in the Regulatory Context
• Theory and Definitions of Regulation
• Law, Regulation and the Legal System
• Private Law and Non-Government, Regulation and Health
• The Frontline: When the State Meets the Street

Assessment

Assessment task 1: Short Analytical Exercises

Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.1, 2.1 and 4.1
Weight:	40%
Length:	Three questions, total of 1200 words of original text excluding block quotations of source material. Total word limit including block quotation of source material will be 3000 words.
Criteria:	Conduct effective legal research, identifying appropriate primary and secondary sources as well as interdisciplinary sources. Analyse relevant cases, statutory provisions and commentary in the context of the exercise questions Apply appropriate reasoning in the interpretation of the law; evaluating the relative strengths and weaknesses of competing legal arguments; developing reasoned arguments supported by the law. Write clearly and persuasively, clearly and effectively. Effectively use the English language, demonstrated by correct and appropriate grammar, punctuation and syntax; presentation of clear and persuasive conclusions. Demonstrate sustained and accurate referencing of relevant cases, statutory provisions and commentary from the readings;

Assessment task 2: Viva Voce

Objective(s):	This task addresses the following subject learning objectives: 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 2.1, 3.1 and 4.1
Weight:	60%
Length:	15 minute viva voce examination (including assessor feedback and questions). Nominal word limit of 2,250 spoken words.d limit of 2,250 spoken words.
Criteria:	Oral response is fluent, coherent and natural; without using notes; Oral response to discussant questions (from assessors and peers alike) are succinct, thoughtful and relevant, and precisely targeted to the issues raised; Demonstrates an in-depth comprehensive analysis of the topic and material under consideration. Information is well-developed and clarity of purpose is effectively exhibited throughout the assessment. Able to use assessor questions to explain key concepts, theories and/or case studies, while demonstrating the ability to apply a variety of regulatory and legal instruments and concepts. Generates argument and/or concepts which are relevant, fit-for-purpose and supported with explicit evidence and well-selected examples and details.

Required texts

• Drahos, Peter (ed), Regulatory Theory (ANU Press, 2017) <https://press.anu.edu.au/publications/regulatory-theory/download>
• Anne-Maree Farrell, John Devereux, Isabel Karpin, Penelope Weller (eds), Health Law Frameworks and Context (Cambridge University Press, 2017)
• Healy, Judith, Improving Health Care Safety and Quality: Reluctant Regulators Ashgate Publishing, Ltd., 2013)

Recommended texts

Drahos, Peter (ed), Regulatory Theory (ANU Press, 2017) <https://press.anu.edu.au/publications/regulatory-theory/download>

Other resources

• Coglianese, Cary, Achieving Regulatory Excellence (Brookings Institution Press, 2016)
• Gostin, Lawrence O and Lindsay F Wiley, Public Health Law: Power, Duty, Restraint (Univ of California Press, 2016)
• Parker, Christine et al, Regulating Law (Oxford University Press, 2004)
• Wears, Professor Robert L, Professor Erik Hollnagel and Professor Jeffrey Braithwaite, Resilient Health Care (Ashgate Publishing, Ltd., 2015)
• Yeung, Karen, Securing Compliance: A Principled Approach (Hart Publishing, 2004)