Comparative Study on the Licensed Pharmacist System in China and the USA / 中国药房

OBJECTIVE:To compare the licensed pharmacist system in China and the USA,and to provide reference for im-proving pharmaceutical care and promoting public safety of drug use in China. METHODS:The relevant literatures in recent 10 years were retrieved from CJFD and Wanfang database. The differences of legal status,access qualification,legal obligations and responsibilities of licensed pharmacists in the USA and China were compared,and suggestions on improving the licensed pharma-cists system in China were put forward. RESULTS & CONCLUSIONS:At present,the problems of licensed pharmacist system in China are mainly that the legal status is not high,the access threshold is low,the legal obligations and responsibilities are not clear. However,the licensed pharmacist system in the USA has been developed for a century and formed a relatively strict legal sys-tem. Model State Pharmacy Act promulgated by National Association of Boards of Pharmacy in USA has clearly defined the access qualifications,legal obligations and responsibilities of licensed pharmacists. The pharmacy acts of the states were enacted on its blueprint. In view of current problems in China,it is necessary to learn from the above experience of the USA to improve the legal status,access qualification,legal obligations and responsibilities of licensed pharmacists and the quality of pharmaceutical care.

Medical ethics guidelines and related laws

Professional ethics can often encompass areas regulated by law. This is true of the Korean Medical Association (KMA) code of ethics. Therefore, doctors should consider their legal obligations when complying with medical ethics guidelines. A revision prepared by the KMA committee on medical ethics guidelines contains 5 types of amendments. First, some guidelines deal with areas that are not governed by current legislation. A second set of guidelines clarify the obligation to comply with current legislation by specifying “to the extent permitted by the law”. A third set of guidelines repeat the contents of current legislation almost verbatim. A fourth set of guidelines explain the content of the current legislation in lay language when a chance of misunderstanding is present. Fifth, some guidelines can be interpreted as being in conflict with current legislation. The statement that physicians must consider the content of relevant laws does not mean that they must accept those laws uncritically. At a minimum, doctors should avoid falling into legal difficulties because of legal ignorance. Furthermore, doctors must make efforts to revise relevant laws that are not acceptable from the point of view of medical ethics. If doctors continue this effort, they can maintain their professional dignity. The revision of the medical ethics guidelines is the beginning of this effort. If doctors understand the relationship between medical ethics guidelines and current legislation, it will be easier for doctors to comply with medical ethics guidelines in the clinical setting.

Medical ethics guidelines and related laws

Professional ethics can often encompass areas regulated by law. This is true of the Korean Medical Association (KMA) code of ethics. Therefore, doctors should consider their legal obligations when complying with medical ethics guidelines. A revision prepared by the KMA committee on medical ethics guidelines contains 5 types of amendments. First, some guidelines deal with areas that are not governed by current legislation. A second set of guidelines clarify the obligation to comply with current legislation by specifying “to the extent permitted by the law”. A third set of guidelines repeat the contents of current legislation almost verbatim. A fourth set of guidelines explain the content of the current legislation in lay language when a chance of misunderstanding is present. Fifth, some guidelines can be interpreted as being in conflict with current legislation. The statement that physicians must consider the content of relevant laws does not mean that they must accept those laws uncritically. At a minimum, doctors should avoid falling into legal difficulties because of legal ignorance. Furthermore, doctors must make efforts to revise relevant laws that are not acceptable from the point of view of medical ethics. If doctors continue this effort, they can maintain their professional dignity. The revision of the medical ethics guidelines is the beginning of this effort. If doctors understand the relationship between medical ethics guidelines and current legislation, it will be easier for doctors to comply with medical ethics guidelines in the clinical setting.

The medicolegal understanding regarding sexual violence / 대한산부인과학회지

Sexual violence, by definition, means all kinds of the physical, emotional, or linguistic violence by means of sex on which one would never agree. In a broad sense, sexual violence could include sexual assault, molestation (also referred to as sexual abuse), and sexual harassment. Sexual assault is a substitute for rape used in media reports. Rape is an coerced sexual intercourse in which a man is putting his penis inside a woman's vagina by means of an act of violence and intimidation and a heinous crime which infringe on human rights of sexual self-determination, and freedom and tranquility of sexual life. Psychologically, it is important to be aware that rape is not a sexual behavior in common sense. It should be treated as an event in which one person violate another by means of sex. Many a serious rape is liable to be committed from the impure motive of sadistic ostentation of one' power and retributive exhibition of one's anger. The criminal object of rape is women and girls. Previously, as prescribed by law, interpretation of the law restricted the object of the crime to biological and genetical female who also is not rapist's wedded wife. But, the latest judicial precedent appreciated a person who is rapist's wedded wife as the object of the crime. Considering previous judicial precedents and the tendency of juridical interpretation on the minors of transgender, even a transgender female underwent sex exchange operation could be legally appreciated as the object of the crime. So, therefore, gynecologist who would initially confront rape victim in the field of medical practice should carry out one's medical and legal obligation, irrespective of whether or not the victim would be a biological and genetical female or a rapist's wedded wife or a transgender female underwent sex exchange operation. Especially, gynecologist should not judge whether rape is committed or not only by external wound. And, even if the victim and legal guardians would not want to accuse rapist on charges of rape at the moment, gynecologist should collect all the criminal evidences just in case an accusatorial procedure would be presented later on. Successful prosecution of rapist would be dependent upon the completion of the detailed forensic examination. Because of the legal ramifications of rape, consent should be obtained from the victim before taking the history, performing the physical examination, and collecting the criminal evidence. Many rape survivors would not inform their gynecologist of the assault voluntarily, unless they are directly asked. So, therefore, on getting a medical history, gynecologist should routinely ask their patients a question, "Has anyone ever coerced you to have sexual relations?". Actually, rape is severe and complex form of trauma which could bring about an excruciating damage on physical, psychological, and sexual health and, thereupon, might have an impact on the victim for the rest of one's days.

Law Risk and Precaution of Pharmacist / 中国药房

OBJECTIVE:To enhancement lawconsciousness and ability of self-protect of pharmacist.METHODS:Analysed the problem which occured in their work from the point of view of law and bring forward some advice.RESULTS &CONCLUSION:Pharmacist should do their work strictly according to the code for avoidance law risk.