KIIT LAW SCHOOL

KIIT University, Bhubaneswar-751024

COURSE: B.A.LL.B, B.B.A.LL.B & B.Sc. LL.B (Semester IX)

HEALTH LAW
LW 5017

Course Designed by:

Dr Shreya Chatterjee
Ms. Sambhabi Pattanaik
Assistant Professor
School of Law
KIIT University
Email: shreyachatterjee@kls.ac.in,
sambhabi.patnaik@kls.ac.in
 HEALTH LAW

INDEX

1. MECHANICAL DATA
2. Object
3. Objectives
4. Teaching Learning Methodology
5. Detailed Syllabus
6. Readings

MECHANICAL DATA

1. Course: 9th Semester

2. Subject: Health Law

3. Nature of Subject: Optional

4. Paper: Health Law

5. Paper Code: LW 5017

6. Credit Hours/week: 6 Hours

Subject Overview:Health is a basic human right. It is declared as “Fundamental human right”,

hence it is basic responsibility of the state to protect and promote the health of the population
under its jurisdiction. Public health has not received due attention in legal studies.In the era of
globalization and increased awareness of the people, it is now necessary to know the various
existing laws in respect of health care.

Name of the teachers: Prof. Dr. S.C Raina, Dr. Shreya Chatterjee ,Ms Sambhabi Patnaik

OBJECT OF THE COURSE: This course seeks to explore various areas of the law that deal
with creating and maintaining and regulating ‘health.’ The course also aims to give
comprehensive and practical approach about the challenges faced with the recent developments
in the medical field. This course is also designed to provide students with the practical
knowledge to identify legal issues and to understand the legal and ethical ramifications of
technological developments in healthcare.
COURSE OUTCOME:

1. The student will learn to analyze the international principles and legal system in health
policy and health care delivery in India and other countries.
2. The student will learn the various government initiatives in India with respect to health.
3. The student will learn to exploring the role of WHO and Government in pandemics.
4. The student will learn to understand the healthcare laws with respect to women in India.
5. The student will learn to exploring the legal and ethical challenges of clinical trials
6. The student will learn to understand the interface between biotechnology and law.

TEACHING LEARNING METHODOLOGY:

It is expected that students come to class being familiar with all the assigned topics. The
methodology adopted for the course would be the following:

 Research method

 Case method

1) Anatomical

2) Physiological

 Group discussions

 Inviting specialized persons in this filed for delivering lectures

We are happy to meet with students outside of class as needed. If you would like to speak with
us outside of class, please feel free to stop by our office, telephone us or send us an email to
schedule a meeting.


 HEALTH LAW

Course Description
Health law includes the law of public health, health care generally, and medical care specifically.
Preserving public health is a primary duty of the state. Health regulations and laws are therefore
administered at the state level. Many states delegate authority to subordinate governmental
agencies such as boards of health. These boards are created by legislative acts. Health is a basic
human right. It is declared as “Fundamental human right”, hence it is basic responsibility of the
state to protect and promote the health of the population under its jurisdiction. Public health has
not received due attention in legal studies. The National Health Policy was endorsed by the
Parliament of India in 1983 and updated in 2017. In the era of globalization and increased
awareness of the people, it is now necessary to know the various existing laws in respect of
health. Keeping this in mind, the following syllabus is prepared to study legal aspects of health.

DETAILED COURSE

I.Introduction

A. Universal Declaration of Human Rights,1948 & Right To Health

B. Constitutional mandate including healthcare as a Fundamental Right (Article 21)
C. Various States Rules including Right to health as basic right of employees(*)

II. Administrative Programs declared by Govt for betterment of health

A. Government Yojnas
B. Social Security Measures for healthcare in US, India & others
C.Role of insurance sector (public and private)
D. Cashless medical schemes for various group of employees ( public & private) (*)

III. Role of WHO & Government in Pandemics

A. Role of WHO
B. Role of National Disaster Management
 Disaster Management Act 2005

 The Epidemic Diseases Act,1897

C.Role of Central & State Govt in Indian federal structure (*)

IV. Regulation of Medical and Paramedical Profession

A. Liability of doctors for medical negligence

B. MCI Act and regulations on negligence in clinical practice
C. Role of Quality Council of India in maintaining quality of hospitals and diagnostic centre
D. ICMR guidelines on bio medical waste management (*)

V. Women Healthcare
A. Technological Development in women healthcare
 Surrogate motherhood, historical background, contractual aspect and enforceability
 Surrogacy (Regulation) Act 2020
 IVF
 Assisted Reproductive Technology (Regulation) Bill 2020
B. Legal Regulation of Abortion in India
 Medical Termination of Pregnancy Act, 1971
C. Pre-Contraception and Pre-Natal Diagnostic Techniques Act, 1994 (*)

VI. Biotechnological Advancement in Healthcare

A. Use of robotics (Artificial Intelligence)
B. Legal issues with respect to development of embryo banks (*)
C. Transplantation of Human Organs (The Transplantation of Human Organs and Tissues Act,
1994)

D. Legal issues related to use of Tissues

E. Legal issues pertaining to Clinical Trials in India
***** The syllabus might be updated*****