Legal And Regulatory Safety Essay

1972 words - 8 pages

Regulatory Issues in Health Care
Fremgen (2009) defines medical laws or actions set by the federal government and the court system that have binding legal force that address legal rights and obligations affecting patients and protecting the individual rights of patients and health care employees. 50 state have statutes for medical practice acts which apply to precisely to the way that medicine is practiced in a particular state. Laws begin as act acts which define the meaning of “practice of medicine” and set the requirements and procedures for licensure. Medical practice acts also establish what can be considered as unprofessional conduct in particular states. Examples of ...view middle of the document...

The freedom of speech, right to vote, and the right to bear arms are examples of constitutional laws. States must ensure that laws that are passed do not violate constitutional rights (Fremgen, 2009).
The U.S. Constitution gives Congress and state legislatures the authority to make statutory and regulatory laws. Statutory and regulatory laws are passed by The U.S. Congress, state legislatures, local governments, and constitutional lawmakers. Statutory laws constantly change. Statutes are the unchallengeable rights, privileges, or immunities secured and protected for each citizen by the U.S. Constitution. Written codes, bills, and regulations also known as acts are examples of statutes. Statutes begin as bills submitted by federal or state legislatures. Bills are introduced in the Senate or house of Representative. If the bill survives in one of the houses, it goes to a committee for discussion. The committee studies the bill and holds hearings to gain additional facts about the bill. The committee issues a report that includes a recommendation to pass or fail the bill. The bill goes back to the Senate or House of Representatives where it was originated and a discussion and vote takes place. If the bill passes in one house it becomes an act. The act is sent back to the other house, where it goes through the same steps as the bill. The act can be amended by the second house, and is returned to the originating house for discussion and a vote on the amendment. If the second house passes the act, then the Speaker of the House of Representatives and the President Pro Tem of the Senate must sign it. The act is sent to the chief executive (President or of the United States or the state’s governor. The act becomes a law when it is signed by the president or governor. If the act is not signed by the chief executive, the act can be vetoed within ten days. The vetoed bill can go back to the houses for an override vote. Presidential vetoes can be overridden by two-thirds majority of both houses of Congress. After this process has been completed, the act is referred to as a public law or statute (Fremgen, 2009).
Common law or case laws are created when judges create laws based on previous court decisions. Common or case law is based on judicial interpretation of the previous laws, leading to a common understanding of how laws should be interpreted. Common laws explain or interpret the other sources of law. Common law changes on a case-by-case basis and is often referred to case law. For example, a case may explain what the U.S. Constitution, a statute, or the meaning of a regulation. Common law also defines other legal rights and obligations. Common laws are constantly under review and have been changed and updated over years. The State Supreme Court is responsible for interpreting and arbitrating common law when the law involves federal questions. The legal principal behind common or case law, “let the decision stand”...

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