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Biomedical subjects

Richard Elliott

Publications and source records attributed to Richard Elliott.

52 records · Page 3Linked to original sources
PubMed2002

Compulsory HIV testing after an occupational exposure.

In December 2001, the Ontario legislature passed Bill 105, authorizing a Medical Officer of Health to order blood testing of a source person in the event that emergency service workers and "good Samaritans" (as well as other categories of people) may have been exposed to a communicable disease. Similar legislation (Bill C-217) is before a committee of the House of Commons. This article discusses the value of information about the health status of the source person, Bill C-217 and Bill 105, current public health guidelines, recent Canadian research, and the conclusions of Backgrounder prepared by the Canadian HIV/AIDS Legal Network.

AIDS Serodiagnosis↗
PubMed2002

Establishing safe injection facilities in Canada: legal and ethical issues.

In the face of an ongoing and escalating health crisis among injection drug users in Canada, calls are coming from many quarters to initiate safe injection facilities as a way to reduce overdoses, the spread of bloodborne diseases, and other health and community problems associated with injection drug use. This article summarizes a paper on safe injection facilities released in early 2002 by the Canadian HIV/AIDS Legal Network. The paper contributes to the policy discussion in Canada and sets out why and how the law should support the introduction of safe injection facilities.

Canada↗
PubMed2002

Report on complementary/alternative health care and HIV/AIDS.

In 2001, the Canadian HIV/AIDS Legal Network published a lengthy report on Complementary/Alternative Health Care and HIV/AIDS: Legal, Ethical & Policy Issues in Regulation. The document is the first in a series of papers to be produced by the Legal Network on priority legal and ethical issues related to HIV/AIDS care, treatment, and support. The article below summarizes the contents of the report.

Canada↗
PubMed2002

WTO ministerial conference adopts declaration on TRIPS and public health.

In November 2001, the 4th Ministerial Conference of the World Trade Organization adopted a Ministerial Declaration on public health and the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement"). The declaration represents a modest advance in addressing concerns that strict patent laws, and threats of trade sanctions, will be a barrier to most of the world's people with HIV/AIDS accessing affordable medicines. The full significance of the declaration remains to be seen, as it depends on what political impact it has at the WTO and on its member countries, and what legal impact it will have in the interpretation of the TRIPS Agreement.

Commerce↗
PubMed2002

Canada/US: bioterrorism highlights double standard for access to medicines.

In September 2001, shortly after terrorist attacks in the United States, the issue of bioterrorism--and specifically fear about reported cases of anthrax in the US--led the Canadian Minister of Health to be concerned about the available stocks of the drug ciprofloxacin to treat this disease.

Anti-Infective Agents↗
PubMed2002

Constitutional challenge to "medical inadmissibility" provisions in the Immigration Act.

In a case with significant implications for people living with HIV/AIDS who wish to immigrate to Canada, in January 2002 a woman with multiple sclerosis launched a constitutional challenge to the "medical inadmissibility" provisions in the Immigration Act. The provisions state that any would-be immigrant may be denied permission to immigrate "if their admission would cause or might reasonably be expected to cause excessive demands on health or social services."

Adult↗
PubMed2002

Tax Court allows tax credit for herbs and vitamins, not for massage.

In August 2001, the Tax Court of Canada issued its most recent judgment on the tax deductability of expenses for complementary/alternative therapies. The decision in Pagnotta v Canada is significant for people with HIV/AIDS who use such therapies. It also illustrates how provincial and federal laws regulating health-care practitioners and natural health products have a financial impact on the cost of accessing treatment.

Herbal Medicine↗
PubMed2002

Ontario appellate court overturns judgment for plaintiffs infected through tainted blood.

On 29 November 2001, the Ontario Court of Appeal issued a lengthy decision overturning a lower-court judgment in favour of three hemophiliacs infected with HIV in 1985 through contaminated blood-factor concentrate. The joint decision in the three cases of Robb, Rintoul, and Farrow is the latest decision in litigation dating back to 1992. The plaintiffs alleged negligence by the Canadian Red Cross Society and the Canadian government for delays in introducing heat-treated concentrate after the risks posed by unheated product were known.

Blood-Borne Pathogens↗
PubMed2002

US: Supreme Court adopts narrow definition of "disability" under anti-discrimination law.

In January 2002, the US Supreme Court issued the latest in a series of court judgments adopting a narrow interpretation of the Americans with Disabilities Act (ADA). The unanimous decision is fundamentally flawed in several important respects. It does not bode well for people with disabilities seeking protection from discrimination in employment.

Persons with Disabilities↗
PubMed2002

US: appeals court dismisses employment discrimination suit by HIV-positive dental hygienist.

Shortly before the decision in Toyota Motor Manufacturing, the US Court of Appeals (11th Circuit) issued another restrictive judgment, in a case dealing specifically with HIV-based discrimination. On 21 December 2001, in Waddell v Valley Forge Dental Associates Inc, it dismissed the case of a dental hygienist who sued his employer for suspending him from treating patients after he tested HIV-positive. The decision is a setback for efforts to ensure that the Americans with Disabilities Act translates into actual protection against discrimination for people with HIV/AIDS.

Dental Hygienists↗
PubMed2002

US: hospital negligent for failing to warn prior patient of risk of HIV infection by transfusion.

The Supreme Court of Tennessee has ruled that a university hospital was negligent for not contacting patients who had received blood transfusions in the early 1980s to advise them of the risk of HIV infection. In Amos v Vanderbilt University, it awarded US$4.3 million in damages to the estate and family of a woman who died eight years after receiving HIV-tainted blood during surgery.

Duty to Warn↗
PubMed2002

UK: court upholds ban on condoms at psychiatric hospital.

In September 2001, a gay man with hepatitis C held as a patient at a high-security psychiatric hospital applied for judicial review of the hospital's policy banning access to condoms for patients. His application was denied by the High Court on 30 October 2001.

Condoms↗