Legal Issues in University Medical Research and Education

As medical technology continues to advance, the law is changing to adapt to new problems in ethics and public policy. It is important for all practitioners of medicine to become informed of the laws that will affect their practice. Those who are pursuing their education in the University will benefit from learning the fundamental principles and keeping informed of new developments.

Human Organ and Tissue Transplant Bill

On 10th February, 2010, the Senate of Pakistan adopted the Human Organ and Tissue Transplant Bill. The new law provides for regulation of organ donation and transplants including the manner of removal and storage of organs and tissues.

Under the law any adult may provide for the donation of their organs upon termination of brain functions. The law will benefit both those in desperate need of healthy organs as well as individuals who live in poverty and who are under pressure to sell their tissues. This historic legislation is due in part to efforts by the World Health Organization and the International Transplantation Society.

Mental Illness

Within Pakistani society, attitudes toward mental illness are highly negative. Until 2001 the Lunacy Act of 1912 remained the basis for law in Pakistan relating to the status and treatment of the mentally ill. Protest from within the medical profession and the general public helped to bring about the Pakistan Mental Health Ordinance of 2001. Under this new law, pejorative terms that reflected harsh negative attitudes have given way to more constructive, progressive, and compassionate terminology.

As explained in the paper Psychiatric Health Laws in Pakistan: From Lunacy to Mental Health, the current law reduces the duration of forced detention for those who are alleged to be dangerous as a result of a mental illness. The law provides that such persons may be detained for no longer than 72 hours, during which time evaluation by a trained professional is ensured. While great strides have been made in this and other areas, the new law does not address civil and criminal liability for acts committed by persons suffering from mental illness.

The Law of Gene Patenting and Property Rights in Bodily Tissues

There are many areas of the law that have not yet been tested in the courts of Pakistan. As the nation continues its efforts to increase its role in manufacturing and technology, an understanding of international law affecting the practice of medicine is crucial. Many countries are addressing issues that present important challenges in ethics and public policy. While it is uncertain which direction the country will turn in these and many other legal issues, it is instructive to examine approaches taken by other countries.

The United States has permitted the patenting of genetic information and man-made living organisms. While many other countries have adopted a more restrictive approach to the patenting of medical treatments and therapies, the trend is moving toward the American approach.

The courts of other countries have also addressed the important issue of whether individuals have a legal property right in their bodily fluids and tissues. For example, the Supreme Court of California held in Moore v. Regents of the University of California that individuals do not have a property right in their own body parts. In that case, the Court did not hold liable a doctor who removed tissue from his patient under false pretenses, and used the removed cells to develop and patent a cell line. The court did however hold that physicians have the duty to obtain informed consent from their patients and must disclose their intentions to use the cells for profit.