Medical Law
Year:2018 | Volume:11 | Issue:43 |Papers Count:10

Religious scholars were among the first to address the challenges of genetic science. In this regard, religious institutions from the beginning has debate on moral and religious challenges of gene therapy. Because public acceptance towards gene therapy is largely rooted in religious beliefs, Religious doctrine undoubtedly play a key role in shaping public attitudes and policy about gene therapy. In examining the Perspective of three religions about gene therapy, it is obvious that the largest religious opposition to gene therapy exists among Christians. In contrast, most religious support of gene therapy among monotheistic religions belong to Islam. The majority of Shiite and Sunni scholars believe that the use of gene therapy for treating incurable diseases is legitimateIn addition the majority of Muslims believe that Genetic manipulation is absolutely is legitimate even for non-medical purposes. Because in Islamic law, the legitimacy basis of genetic engineering covers all manner of genetic modification.

Biotechnology development in recent decades and its extensive serviceability in various arenas of health, agriculture, animal husbandry, environment, industry, mining, military, etc. has interested scientists and governmentals to this important subject. This technology has also some benefits and abilities that inappropriate using can cause dangerous damages for beings and hazard human health. In the legal system of Iran, laws related to biotechnology include laws such as the biosafety Code, the law on the Registration of Plant Varieties, and the Certificate on Seed and Plant Seedings that in the each of this Acts and for protection of citizenry from detriment damages and probability hazards due biotechnology and for prevention of disorder in public regularity of society, several subjects as to it has sat bundel criminal protection and lawmaker has criminate and punishable delinquent of such crimes. Iranian biosafety Act (2009) don’t describe exactly legal aspects of biotechnology and about criminal protection merely exist a number of acts and some omissions hat mention under section 6 this Act. Entirely to pay attention this Act to find a number of crimes that writers of this scholarism with description of crimes and punishments foresaid in inactment Act that discuss Iranian legislative criminal policy about subject and mention difficulties and criticisms and introduce necessary suggestions.

This article studies the nature of blood money (Dia) in Islamic jurisprudence. There is a question whether blood money (Dia) is a punishment or it is solely compensation. There are four different views in this respect. Some believes it is only a punishment, others say it is only compensation. Some others say that we should divide it into two various parts; thus it is sometimes punishment and sometimes is compensation. The researcher believes it has double nature: it is both punishment and compensation. If one chooses any of these responses, there would be various results. One of the most important results is whether to gain compensation in addition to blood money is permissible or not.

One of the most important new evidence of intellectual property that had always plenty of differences behind it regarding the protection or nonprotection is the new medicine laboratory information that is presented to the competent state authority for consideration and registry. The original purpose of intellectual property is to protect all property that derives from human intellectual leaking. The medicine laboratory information or the same information concerning the quality, security and effectiveness of medicines is a new intellectual property group that whose protection in recent decades has been considered by the legal scholars. This group of Intellectual property is the valuable information that is the result of round the clock efforts of pharmacy area specialists in the laboratories and are deposited in the hands of registration authority until after obtaining the quality, security and effectiveness to acquire marketing and production. Although there are differences regarding the principle of protection of this information, but the prevailing and accepted view is to protect these new intellectual properties.However, those who accepted the principle of protection have different views on the type of applicable protection system to laboratory information.Some accepted the system of trade secrets, some accepted the system of illegal competition and some others accepted the special protection system.The present article believes in protection in the framework of special protection system.

Background and aim: Behavior is the result of decision and decision is based on awareness and knowledge. Many medical errors are due to lack of awareness of health.Method: The study is descriptive-analytical and sectional. The study population was the pharmacists who are in contract with Isfahan Health Insurance. Two hundred and fifty-five pharmacists of them were recruited through the random sampling. In order to collect data, questionnaire that was approved the content validity of the questionnaire and its reliability level (P value=0.749) was justified. To analyze the data both descriptive and inferential analysis were done.Finding: As the findings of the study show, 187 of the pharmacists were male (%77.2) and 65 were female (%25.8). The work experience of majority of the participants was below 10 years. The results showed that the mean score ofpharmacists’ awareness about criminal law was 40.7±17.9 percent and in medical disciplinary violation, it was 39±16.9 percent. The Spearman correlation coefficient r=0.453 and r=0.730 showed that there is a positive correlation between the awareness level and working experience.Conclusion: Due to the importance of pharmacists’ position and medical staff, robust planning in order to raise their awareness and emphasis on law aspects by education results in the recognition of weaknesses and reduction of errors and medical complaints.

Diversion, one of committed crimes as changing the path of addressing committed crime is an approach considered by the criminal justice system especially in relation to the committed crimes by certain groups of society.Performing these measures is of great importance especially in case of criminals with some type of mental disorder. Considering the fact that the justice's executives, as the first deploy of criminal justice system, play a role in against crimes and criminals, performing the measures related to diversion in the criminals in primary researches by the executives is important both regarding the reduction of economic costs of the criminal justice system and in terms of reaching to the goals of diversion. Attention to the interference patterns of the executives in the process of addressing the criminal's crimes indicate that today "crisis intervention team", as a group of educated police officers, play a pivotal role in performing diversion measures in the primary researches stage. To this end, the officers plying a role in the team are capable of making decisions for not introducing the criminals to the judicial centers depending on the type and nature of the crimes. In this paper, with investigation of duties and authorities of the justice's executives in the legal system of Iran and the U.S against the criminals having mental disorders, weconclude that unlike the legal system of the U.S, in the Iran' legal system lawmaker lacks a particular approach regarding the diversion from the committed crimes in the process of primary researches.

Background and aim: According to reports of the international institutions on corruption assessment such as the United Nations, the World Bank, and Transparency International, all countries around the world, more or less, suffer from the phenomenon of corruption. According to various annually published reports by international organizations, different sectors of a society including industry, commerce, culture, government, education, health, etc. could be involved in the phenomenon of corruption. Although the level of corruption is different by sector and country, some of special reports determine healthcare system currently involved and potentially vulnerable to corruption. The healthcare system of the Islamic Republic of Iran has not been immune from this problem as well. So corruption bottleneck needs to be studied deeply and removed. The goal of study is to define a comprehensive and meaningful model for assessing the corruption in Iran’s Health care system.Method: This study is performed in two parts as a mixed research method (qualitative and quantitative). Accordingly, in the first part, using Sandelowski and Barroso qualitative meta-synthesis research methods, and in the second part, using the survey method and by utilizing from content validity evaluation (CVR and CVI), explanation of the corruption measurement model was performed. Then for applicability and modelevaluation, 110 questionnaires were distributed among staffs (employees and managers) of the Healthcare system who are selected via stratified sampling.Then the analysis was performed using the exploratory factor analysis of the structural equations modeling.Finding: 6 dimensions were identified as main dimension of assessing model with especial indexes from document review and field studies. These dimensions are included Financial Corruption, relation and cooperation Corruption, Procedures and document corruption, misuse of position and poor quality of human resource education, controlling organs and department, organization and working culture etc.Conclusion: Finally, the research model obtained based on impacts of both independent and dependent variables, showed a significant positive correlation between components of each variables.

Background and aim: The nurses with the main aim of providing the improvement and the human health, need to regard the rules so that they avoid from any medical fault and hurting to the patients. Hereof, it is felt to have valuable data about the knowledge situation and regarding the legal aspects by the nurses. The study was done with the aim of determining the knowledge situation and regarding the legal professional aspects by the nurses and its related factors in educational - remedial centers of Rasht City.Method: The segmental - analytical study was done on 362 nurses who are employed in 7 educational - remedial centers depending to Guilan Medical Sciences University in Rasht and had entrance criteria of the study.The samples were chosen accidentally systematically. The study’s datawere gathered with research- oriented tools including three parts: individual and job information, knowledge situation of the aspects of the professional act and the situation of regarding the legal aspects of the profession and it wasdone by approach. After calculating as a percent, the total scores accessed from the questionnaire of knowledge of the legal aspects (between 0-20) and the total scores of the situation of regarding legal aspects of the profession (between 0-90) were categorized in three levels of low knowledge (0-33%), medium knowledge (34-66%) and good knowledge (67-100%) and in three levels of undesirable (0-33%), relatively desirable (34-66%) and desirable (67-100%) respectively; then they were analyzed by using descriptive tests (mean, standard deviation and abundance) and deductive tests (Spearman correlation, Man-Vitney You and Kruskal Valace) on SPSS 16.Finding: The majority of the case units of the study included the women (95.2%) aged 30-40 (40.4%) with the Mean and Standard Deviation of 34.7±8.1. The most individuals in the study had the medium level of situation of legal knowledge (77.1%) and also relatively desirable level of regarding situation (80.2). There was a low significant correlation between the situation of knowledge of legal aspects and the situation of it’s regarding (r=0.001; P=0.002). The situation of the knowledge of legal aspects of the profession in the studied units had a significant statistical relation with age (P=0.001), job background (P=0.0001), marital situation (P=0.012), job shift (P=0.036), type of employment (P=0.0001), job eminence (P=0.01) and the employment part (P=0.008). The situation of regarding of the legal aspects of the profession of nursing in the study samples had a significant relation with sex (P=0.001). Regression coefficients of the factors related to the knowledge and regarding the legal aspects of the profession of nursing showed the power of the age variables (P=0.03) and having information about legal aspects of the profession (P=0.04) for predicting higher score of knowledge of the legal aspects of the profession. The variables of the score of knowledge of professional legal aspects (P=0.001) and age (P=0.027) had higher power of predicting the score for regarding the legal aspects of the profession (OR=1.15, %95, CI: 1.05-1.24).Conclusion: The results of the study show that the nurses need to more knowledge about the legal aspects of the profession and improving the level of regarding the aspects, especially for the nurses with lower age range and job antecedence and also contractual forces.

Nowadays more using of Artificial Reproductive Technologies as a new tech, has its special related questions and has become a scope for legal, moral and medical discussions. One of the issues which is under attention in the result of the methods application and by consideringchild’s best interest (BIC) is the child’s identity who have born especially with donation methods.Most of thecountries’ tendency is anonymity rather than secrecy. However, there are some countries that still consider secrecy as a crucial principle.Some of the interpretations by using article 7 of Convention on the Right of the Child, considerchildren’s access to their biological roots as part of their right to identity and some denychild’s access. In Iran, there is a double policy toward children with special status. While in Protection of children and Teenagers without Guardian or with Inappropriate Guardian Act (2013), disclosure and declaration is necessary and legal, in The Method of Embryo Donation Act (2003) this right has not been recognized. In this article we are going to analyze different approaches in disclosing information about biological parents and their relations to the best interest of the child principle in order to protectchild’s identity. According to the findings, it seems that Iran’sdivergent approach in disclosing information is because of a special interpretation on BIC which secrecy is considered suchlike. The thing that cultural grounds in Iran confirms.