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MEDTECH LAWS AND BIOETHICS CONSEQUENTIALISM/TELEOLOGY

2ND
SEM | PRELIMS/MIDTERMS | MT2D rightness or wrongness of an
action depends on consequences

ETHICS UTILITARIANISM
definition: way of life Act utilitarianism – focuses on the utility of each
origin: greek word – ethos (way of living) action in achieving the most happiness.
french word – ethique What happens to the minority?
(moral/character) Rule utilitarianism – focuses on happiness
latin word – mores (customs) resulting from following rules
society has set of good norms and values Act is good if it comes from following rules and brings
good to greatest number.
Components and Types of Ethics
✓ PRINCIPLES JUDGEMENT DEONTOLOGY
✓ COMMON SENSE ⎯ Act only from a sense of
✓ VA L U E S ⎯ duty, not from inclinations and feelings
✓ PUBLIC INTEREST ✓ Kant
✓ RULES STANDARDS Rule deontology
Categorical imperative
✓ Ross
Approaches to Ethics Act deontology
✓ VIRTUE APPROACH
(morally good and right) Categorical Imperative
⎯ Rules should be universally binding for all
✓ DEONTOLOGICAL APPROACH people.
(duty or obligation) ⎯ All individuals should be treated as ends in
themselves and not means to an end.
✓ TELEOLOGY APPROACH ⎯ One person or group should not be privileged
(consequential – outcomes are good) over all others.

Act deontology
ETHICAL THEORIES ⎯ When moral duties conflict, consider
⎯ foundations of ethical analysis ⎯ individual situations
⎯ provide guidance in the decision-making Prima facie duty vs Actual duty
⎯ process ⎯ Use ethical intuitionism.
⎯ Weigh evidence to decide course of action in a
particular case.

Ross’ Prima facie Duties


Fidelity: telling the truth, keeping promises
Reparation: righting the wrongs we have done
Gratitude: recognizing services others have done
Justice: distribution of pleasure or happiness
Beneficence: helping to better the condition of other
beings
Self-improvement: making ourselves better with
respect to virtue or intelligence
Non-malfeasance: avoiding or preventing

Natural Law Theory


⎯ Based on the religious philosophy of St. Thomas
⎯ Aquinas (morals)
⎯ morality is inherently determined by nature, not
by
⎯ customs and preferences
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⎯ basis for some religious prohibition ⎯ The 3 R's are the guiding principles for the
Divine Command Theory ethical treatment of animals used for testing and
⎯ sees what is right as the same as what God experimentation.
commands
⎯ following God’s will is seen as the very SUMMARY OF ANIMAL RIGHT
definition
what is ethical ✓ Respect Animal Dignity
✓ Responsibility for considering options (Replace)
Virtue Theory ✓ The principle of proportionality
⎯ agent-oriented rather than action or rule- ✓ Responsibility for considering reducing the
oriented ✓ number of animals
⎯ cultivation of good character (eudaimonia) ✓ Responsibility for minimizing the risk of
⎯ A morally virtuous person is one who does the ✓ suffering and improving animal welfare (Refine)
⎯ good and right thing by habit, not by a set of ✓ Responsibility for maintaining biological
rulesof conduct ✓ diversity
✓ Responsibility when intervening in a habitat
Virtue Theory ✓ Responsibility for openness and sharing of data
✓ Cardinal virtues ✓ and material
✓ prudence (wisdom) ✓ Requirement of expertise on animals
✓ fortitude (courage), ✓ Requirement of due care
✓ temperance (moderation)
✓ justice Environmental ethics
⎯ Environmental ethics is a branch of ethics that
Ethical Approaches studies the relation of human beings and the
✓ Principlism environment and how ethics play a role in this.
System of ethics based on the ⎯ Environmental ethics believe that humans are a
four principles of: part of society as well as other living creatures,
✓ Autonomy which includes plants and animals.
✓ Beneficence
✓ Nonmalficence PHILIPPINE LAW OF 1996
✓ Justice ➢ Mining Act(Republic Act No. 7942) which was
•Non-hierarchical; prima facie designed to revive the mining industry and attract
derived from the teachings of more foreign investment by defining the agreements
Hippocrates for mineral exploration, and provide the
✓ Causuistry requirements for acquiring mining rights.

Sub-discipline of BIOETHICS Principles of Environmental Ethics


The practical purpose of environmental ethics, is to
Clearing House for Human Ethics provide moral grounds for social policies aimed at
✓ PHREB – National protecting the earth's environment and
✓ IERB/REB/IERC – institutional remedying environmental degradation
✓ IACUC – Institutional Animal Care and Use
Committee (UPManila) BASIC ETHICAL PRINCIPLE
Animal Ethics ✓ PRINCIPLE OF STEWARDSHIP
⎯ is a term used in academe to name Grounded in the presupposition that God has
⎯ the branch of ethics that examines human- absolute Dominion over creation and human
animal beings, being made in God’s image and
likeness, have been given a limited dominion
⎯ relationships, the moral consideration of animals
and how they are treated/handled. over creation and are responsible for its care

Replacement, Reduction, and ✓ PRINCIPLE OF TOTALITY


Refinement The whole is greater than any of its parts
⎯ 3 R's were first introduced in 1959 by Russel
✓ PRINCIPLE OF DOUBLE EFFECT
and Burch
An action should be performed only if the
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intention is to bring about the good effect and ✓ Establish cooperative and respectful working
the bad effect will be unintended or indirect relationships with other health care professional
consequence.
Duty to Society
PRINCIPLE OF COOPERATION Contribute to the general well-being of the
Discerning how to properly avoid, limit, or community
distance one’s self from evil (especially comply with relevant laws and regulations
intrinsic evil) in order to avoid a worse evil or pertaining to the practice of clinical laboratory
to achieve an important good science

THE CALLING OF A Concepts of Health and Disease


HEALTH CARE PROVIDER
Health care profession – vocation, or calling Definition of Health
that requires specialized knowledge and is a state of complete physical, mental
intensive academic preparation, training, and and social well-being and not merely the absence of
experience in the knowledge of health care disease or infirmity. (WHO, 1948)
along with its various specific scientific Physical – both structural & chemical
specializations and techniques. Mental – cognitive and emotional being
Wellness -Wellness is an active process of becoming
Professionalism – practice of an activity using aware of and making choices toward a more successful
the conduct, aims, and qualities based on a existencedimensions:
code of ethics for that profession Social/Occupational/Spiritual/Physical/
Intellectual/Emotional
MERTON’S PRINCIPLES
Knowing: Dimensions of Health
the value placed and well-being
upon systematic knowledge 1. Intellectual -interaction of the mind with the
and intellect environment (person learns how to solve problems and
Doing: learn to cope with stress)
the value placed upon 2. Environmental – intra and inter-relationship within a
technical skill and training community (social)
capacity 3. Financial - ability to save for future (occupational)
Helping: 4. Physical – good nutrition, regular exercise, healthy
the value placed lifestyle
upon putting this conjoint 5. Emotional – understand one’s feeling, accept one’s
knowledge and skill to work limitations to achieve emotional stability
in the service of others 6. Spiritual - commune with God to achieve peace

DUTIES OF A MEDICAL TECHNOLOGIST Disease/Illness


(Adapted from ASCLS COE)
✓ Duty to the Patient A state or condition in which maladjustment
✓ Quality and integrity of laboratory services (physiological or psychological is present. It occurs
✓ Strict confidentiality of patient information and when there is an interaction among the host, agents
testresults and environment. It is a pathological process
✓ Duty to Colleagues and the Profession Synonym – disorder/illness/sickness
✓ Uphold and maintain the dignity and respect of
the
Concept of Disease
Ontological - positive concept such as things, events
and relations
Physiological – physical make up, system, organs and
its functions

✓ Contribute to the advancement of the profession

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Maslow Hierarchy of Needs ✓ Patient’s right to information
✓ Proxy consent

IMPORTANCE OF FREE, PRIOR


& INFORMED CONSENT
Protection of the subject
Right to refuse ---voluntary
Right to withdraw –at any point

7 detailed elements of Informed Consent


1)patients role; 2)clinical issues & suggested
treatment; 3) alternative to suggested tx;
4) risks & benefits; 5) related uncertainties;
The Human Act and Its Characteristics 6) assessing patient’s understanding of the info;
7) patient preference (choice) consent
✓ Knowledge
✓ Freedom TYPES OF JUSTICE
✓ Willfulness Distributive Justice – economic justice : fairness/
equality is the fundamental principle; common
Conscience welfare by sharing what God has created
An awareness of morality in regard to one's behavior; a Procedural Justice – fair process use in deciding what it
sense of right and wrong that urges one to act morally is to be distributed
Conscience as a Practical Judgment Restorative Justice – betrayal seeking restitution/
putting back as they should be
Kinds of Conscience Retributive Justice – principle of punishment (emotional)
✓ Correct or true- tells us when something is a Commutative - based on the principle of equality.
good Legal -the obligations of the government to it's
choice or a bad choice and that this decision is in citizens and society; opposite of distributive
agreement with what that thing actually is according to Social - everyone has a right to a fair say in society
the objective law
✓ Erroneous or False -judges something BENEFICENCE
incorrectly, when
something is bad you think its good and when its good is defined as an act of charity, mercy, and kindness with
you think its bad a strong connotation of doing good to others including
✓ doubtful conscience - when you cannot choose moral obligation. All professionals have the foundational
between good and bad moral imperative of doing right
choices Inviolability of Life:
✓ lax conscience -when you see no sin where there Crimes Against Human Life
actually is sin ✓ Suicide
✓ scrupulous sin -a conscience that judges that ✓ Mutilation
there is sin where there ✓ Sterilization
really is no sin, or that judges that something is a ✓ Euthanasia
mortal sin when it is only a venial sin ✓ Drug Addiction
✓ Alcoholism
✓ delicate conscience- judges correctly and with ✓ Abortion
careful attention ✓ Non-Maleficence
concerning the acts that are about to be performed

MAJOR BIOETHICAL PRINCIPLES


Respect for Person
Respect as a Value
Principle of Free and informed consent
Principle of Autonomy
Importance of Free and Informed Consent
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History of bioethics ✓ Planned Construction of Kaliwa Dam
✓ Garbage shipment from Canada, Hongkong
STEM CELL
✓ Aka pluropotential or Multipotential
cell
✓ Has the ability to differentiate into any
cell line
Types of Stem Cell
Embryonic stem cells
⎯ Come from human embryos that are three to five
days old.
⎯ They are harvested during a process called in-
vitro fertilization. This involves fertilizing an
embryo in a laboratory instead of inside the
female body.
⎯ Embryonic stem cells are known as pluripotent
stem cells.These cells can give rise to virtually
any other type of cell in the body.
Tuskegee Syphilis Experiment Non-embryonic (adult) stem cells
✓ conducted by the US
✓ Public Health Service ⎯ Adult stem cells have a misleading name,
• Involved 600 black because they are also found in infants and
✓ men, 399 with syphilis children.
• No informed consent
⎯ These stem cells come from developed organs
• Participants were
and tissues in the body. They’re used by the
✓ denied with information and treatment
body to repair and replace damaged tissue in the
same area in which they are found.
SUBDISCIPLINES OF BIOETHICS
⎯ Adult stem cells can’t differentiate into as many
✓ Medical Ethics
other types of cells as embryonic stem cells can.
✓ Public Health Ethics
Induced pluripotent stem cells (iPSCs)
✓ Research Ethics
⎯ Scientists have recently discovered how to turn
✓ Animal Ethics adult stem cells into pluripotent stem cells.
These new types of cells are called induced
✓ Environmental Ethics pluripotent stem cells (iPSCs).
RECENT ETHICAL/BIOETHICAL ISSUES IN ⎯ They can differentiate into all types of
THE PHILIPPINES specialized cells in the body. This means they
can potentially produce new cells for any organ
✓ Dengvaxia or tissue.
✓ ActRx Triact Trials ⎯ To create iPSCs, scientists genetically
✓ Reproductive Health Law reprogram the adult stem cells so they behave
like embryonic stem cells.
✓ In vitro Fertilization
Cord blood stem cells and amniotic fluid stem cells
✓ HIV/AIDS Law
⎯ Cord blood stem cells are harvested from the
✓ Bt Talong umbilical cord after childbirth. They can be
frozen in cell banks for use in the future.
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⎯ These cells have been successfully used to treat Biofortification increases the nutritional value in
children with blood cancers, such as leukemia, crops.
and certain genetic blood disorders.Stem cells
Genetically modified in order to produce beta
have also been found in amniotic fluid
carotene
Only four hospitals in the Philippines are
Beta carotene is convereted into Vitamin A when
accredited to perform stem cell procedures.
metabolized by the human body. We need Vitamin
⎯ The Medical City Institute of A for healthier skin, immune systems, and vision.
Personalized Medicine
ROUND UP SOYBEANS
⎯ Asian Stem Cell Institute
Genetically engineered varieties of glyphosate-
⎯ Makati Medical Center Cellular resistant soybeans produced by Monsanto in 1996
Therapeutics Center Glyphosate works by preventing plants from being
⎯ Lung Center of the Philippines able to make the proteins they need to survive.
Molecular Diagnostics and
Cellular Therapeutics
Laboratory.\ ORGAN DONATION
GENE THERAPY WHO CAN DONATE?
⎯ Experimental technique that uses genes to treat or ✓ Deceased person
prevent disease
✓ Living person
⎯ Replacing a mutated gene that causes disease with a
✓ May be related or non-related to patient
healthy copy of the gene.
✓ Related donors until fourth-degree of
⎯ Inactivating, or “knocking out,” a mutated gene that consanguinity only
is functioning improperly.
WHAT CAN BE DONATED?
⎯ Introducing a new gene into the body to help fight a
disease ✓ For a deceased person, s/he can donate
ALL or ANY PART of their body
Genetically modified organisms
✓ For a living person, she can donate the
⎯ Living organisms whose genetic material has been following
artificially manipulated in a laboratory through
genetic engineering. Organs: 1 lung, 1 kidney, 1 lobe of the
liver, a part of the pancreas or intestine.
⎯ Creates combinations of plant, animal, bacteria, and
virus genes that do not occur in nature or through Tissues: skin, bone, amnion after
traditional crossbreeding methods. childbirth, blood, cells from bone marrow,
and umbilical cord
BT TALONG
ORGAN APPLICATION
Eggplant that is spliced with “Bacillus thuringiensis”
(Bt). ✓ For organ application, donors must fill up
an organ donation for or a card
A common soil bacterium, Bt produces a protein
that paralyzes the larvae of some harmful insects. ✓ Requirements vary per organ and donor
type (either deceased or living) and by
Benefit to human health from health cost savings in institution or hospital
growing Bt talong is equivalent to P2.49 million
yearly as risk from illnesses is avoided. ✓ One of the most important requirement is
CONSENT to donate
Golden rice
✓ Family members of deceased donor must
Golden rice is a genetically modified, biofortified give authorization to donate
crop

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Prepared by:Queen Castillo Ramos

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