The purpose of this study is to investigate the right to confidentiality in the context of HIV/AIDS through an interdisciplinary lens. This study indicates that whilst confidentiality is important and should be preserved in order to protect persons living with HIV/AIDS against stigmatisation, discrimination and victimisation, this should be balanced by other equally important interests, such as the protection of public health and individual third parties who may be affected by the intentional or negligent infection of others with HIV. As the consideration of the legal issues relating to confidentiality and privacy cannot be divorced from the social context in which HIV/AIDS plays out in South African communities, the study will examine, amongst others, the victimisation, discrimination and stigmatisation experienced by persons living with HIV/AIDS, followed by a critical exploration of the present legal and ethical framework governing privacy and confidentiality, including medical confidentiality, as well as the duty to disclose a positive HIV-status, in the context of HIV/AIDS. Possible limitations on the right to privacy in this context are also examined, which include, amongst others, a consideration of making HIV/AIDS notifiable diseases in South Africa. The study suggests that it is imperative that legal interventions aimed at curbing the spread of HIV will need to be mindful of the unique social, cultural and economic forces that impact on the duty to disclose a positive HIV-status to partners and other affected third parties. Insights gained from philosophical theories relating to Africanism, individualism, communitarianism and utilitarianism are valuable tools in facilitating a clearer understanding of relevant social and cultural factors that keep South African society locked in the present stalemate with regard to the disclosure of HIV status. / Public, Constitutional, & International law / LLD

Thesis (MPhil)-- University of Stellenbosch, 2000 / ENGLISH ABSTRACT: It is a well-known fact that the sub-Saharan Africa is a continent most affected by HIV/AIDS. The HIV/AIDS pandemic has in other words become our disease. For many of us, this fact may be difficult to fully accept. There are elements of prejudice in our reactions. Ignorance and intolerance can be found around the world. Therefore, by presenting the facts about HIV/AIDS, this assignment challenges the misconceptions and focuses on the profound dilemmas confronting society. I think the success in combating the HIV/AIDS pandemic could be found in President Thabo Mbeki's terminology "Partnership against HIV/AIDS". In his speech, the President appealed to both the private and public sectors and all South Africans to work together with greater determination than before to fight against HIV infection and AIDS. Arguably, this was the best speech President Thabo Mbeki ever made on HIV/AIDS on October 9, 1998. Back then, the government seems to have had a direction and led from the front in the battle against HIV/AIDS. The title of this thesis reads: "Ethical perspectives on surveillance and preventive strategies for HIV/AIDS in South Africa". Presently, the South African Government through the Ministry of Health is seriously considering making AIDS a notifiable medical condition. This is a serious and a controversial move that has serious ethical and legal implications that will be discussed. Should partners of HIV-infected individuals be informed? If the answer is on the affirmative, who should inform them? I am also looking at the ethical obligation of health care workers to treat HIV/AIDS patients despite the fear of being accidentally infected. Tough questions need to be asked. Should health workers be informed of the HIV status of every patients they treat? On the other hand, some patients have some fears too that HIV-infected health professionals may infect them. Again, the fundamental ethical concerns related to confidentiality, privacy, the right to treatment will also be discussed. The country is divided on this issue. Ethical principles are directly involved in such a decision, for instance, the principle of confidentiality, respect for autonomy and informed consent. How can the government go about implementing this without disregarding these fundamental ethical requirements?Another ethical issue that comes to mind regarding HIV/AIDS concerns AIDS vaccine trials, which are so far dominantly manufactured in 'developed countries' while subjects of these trials are from 'third world' or 'developing countries '. The ethical concerns here are: How will informed consent be protected, especially where subjects of the trials are not educated and do not understand the terms used? What are the cost-effects or benefits of such trials? What are the risks involved? Together with this, other issues include ethical debates concerning market prices of drugs, which are too expensive for poorer countries and affordable for richer countries. Finally, this work does not treat everything that needs to be dealt with insofar as HIV/AIDS is concerned. However, I hope that this thesis will contribute (in a small way) in making people appreciate the ethical dilemmas that are presented by HIV/AIDS. / AFRIKAANSE OPSOMMING: Dit is algemeen bekend dat Afrika suid van die Sahara die gebied is met die hoogste voorkoms van MIV/vIGS. Die MIV/VIGS-pandemie het dus ons siekte geword. Dit is vir baie van ons moeilik om hierdie feit te aanvaar, en ons reaksies is dikwels bevooroordeeld. Onkunde en onverdraagsaamheid oor MIV/vIGS word trouens wereldwyd aangetref. Hierdie verhandeling Ie klem op die feite van MIV/VIGS, en konfronteer sodoende hierdie wanopvattings terwyl daar gefokus word op die diepgaande dilemmas waarmee die samelewing gekonfronteer word. President Thabo Mbeki se woorde "Vennootskap teen MIV/VIGS" verwoord myns insiens die enigste oplossing vir die MIV/VIGS-pandemie. Die President doen in sy toespraak 'n beroep op al1e Suid-Afrikaners, in private en openbare sektore, om met groter determinasie saam te veg teen MIV-infeksie en VIGS; Hierdie toespraak, gelewer op 9 Oktober 1998, toe die regering klaarblyklik nog rigting gehad het en op die voorfront was in die styd teen MIV/VIGS, was moontlik President Thabo Mbeki se beste ooit oor die onderwerp MIV/VIGS. Die titel van hierdie verhandeling is "Etiese perspektiewe ten opsigte van waarnemende en voorkomende strategiee vir MIV/VIGS in Suid-Afrika". Die Suid-Afrikaanse regering, by monde van die Ministerie van Gesondheid, oorweeg dit tans sterk om VIGS 'n aanmeldbare mediese kondisie te verklaar. Die ernstige etiese en regsimplikasies van so 'n daadwerklike en kontroversiele stap sal in die verhandeling bespreek word. Behoort die rnetgesel1e van MIV-positiewe persone ingelig te word? Indien wei, wie moet hulle in kennis stel? Daar sal ook gekyk word na die etiese verpligting van gesondheidsorgwerkers om MIV/VIGS-pasiente te behandel ten spyte van hul1e vrees om per ongeluk besmet te word. Indringende vrae moet gevra word. Behoort gesondheidsorgwerkers ingelig te word oor die MIV-status van elke pasient wat hul1e behandel? Aan die ander kant vrees sornmige pasiente dat hul1e deur MIV-positiewe gesondheisorgwerkers besmet kan word. Die fundamentele etiese aangeleenthede rakende vertroulikheid, privaatheid en die reg tot mediese behandeling sal ook bespreek word. Suid-Afrika is verdeeld oor hierdie kwessies. Etiese waardes, soos die beginsel van vertroulikheid, respek vir outonomie en ingeligte goedkeuring is direk betrokke by besluite oor etiese kwessies. Die regering kan nie hierdie aangeleenthede implementeer sonder om die fundamentele etiese vereistes in ag te neem nie. VIGS-entstofproefnemings is'n verdere etiese kwessie wat ter sprake kom. Hierdie proefnemings word grotendeels deur "ontwikkelde" lande uitgevoer, tewyl die proefpersone van "derdewereldse" of "ontwikkelende" lande afkomstig is. Die etiese kwessies hierby betrokke is: hoe sal ingeligte goedkeuring beskerm word, veral wanneer proefpersone onopgevoed is en nie die tersaaklike terme verstaan nie? Wat is die kosteeffektiwiteit of voordele van hierdie proefnemings? Watter risiko's is betrokke? Die etiese debat oor die markprys van medisyne, wat heel bekostigbaar vir ryk lande, maar duur vir armer lande is, word ook aangeraak. Hierdie verhandeling dek nie alle relevante kwessies wat betref MIV/VIGS nie. Tog hoop ek dat dit 'n bydrae sal lewer tot mense se bewuswording van die etiese dilemmas wat MIV/VIGS inhou.

In this study, the utilization of palliative care services, acute care services, and location of death for clients who were palliative and receiving services from Champlain Community Care Access Centre (CCAC) in Ontario during their last month of life were investigated. An adaptation of Andersen?s Behavioral Model of Health Services Utilization provided context and structure to this study. This is an historical, quantitative descriptive study using chart audits for data collection. The data on CCAC clients who were palliative and who died during the month of July 2009 were tracked during their last month of life. Collection of socio-demographic data, services provided through CCAC, emergency department visits, hospital admissions, and location of death provided the data for this study. The clients who died at home used more CCAC services than those who died at other locations and frequently community palliative care physicians provided their medical care. The findings of this study included: 1) The majority of the clients, who expressed a preference, died in their preferred location. 2) The role of community palliative care physicians was an important component of the services that supported the clients to die in their location of choice. 3) Over 25% of the study sample died in a hospital and the clients used a large number of in-patient hospital days with one quarter of the hospital deaths taking place in an emergency department or an intensive care unit. 4) During the last month of life, 25% of the clients received chemotherapy and/or radiation therapy. 5) The clients who died at home used more CCAC services than those who died in other locations and who used institutional resources. The implications for practice, policy, research, and education are discussed.

Includes publications published as a result of ideas developed in this thesis, inserted at end. / "April 2005" / Includes bibliographical references (leaves 210-242) / 242 leaves : / Title page, contents and abstract only. The complete thesis in print form is available from the University Library. / Examines goal setting in people with diabetes as part of chronic disease management in a rural setting. The studies were performed in Eyre Peninsula with a significant (10-20%) Aboriginal population. / Thesis (M.D.)--University of Adelaide, Dept. of General Practice, 2005

In this study, the utilization of palliative care services, acute care services, and location of death for clients who were palliative and receiving services from Champlain Community Care Access Centre (CCAC) in Ontario during their last month of life were investigated. An adaptation of Andersen?s Behavioral Model of Health Services Utilization provided context and structure to this study. This is an historical, quantitative descriptive study using chart audits for data collection. The data on CCAC clients who were palliative and who died during the month of July 2009 were tracked during their last month of life. Collection of socio-demographic data, services provided through CCAC, emergency department visits, hospital admissions, and location of death provided the data for this study. The clients who died at home used more CCAC services than those who died at other locations and frequently community palliative care physicians provided their medical care. The findings of this study included: 1) The majority of the clients, who expressed a preference, died in their preferred location. 2) The role of community palliative care physicians was an important component of the services that supported the clients to die in their location of choice. 3) Over 25% of the study sample died in a hospital and the clients used a large number of in-patient hospital days with one quarter of the hospital deaths taking place in an emergency department or an intensive care unit. 4) During the last month of life, 25% of the clients received chemotherapy and/or radiation therapy. 5) The clients who died at home used more CCAC services than those who died in other locations and who used institutional resources. The implications for practice, policy, research, and education are discussed.

醫療保險與服務是維護個人生存，增進民族健康，保障國民基本權之重要國家任務。而除了藥品、醫材、設備、醫院外，接受專業訓練、符合專業知識、技術與道德要求的醫療專業人員，包括醫師，也是醫療系統中不可或缺的要角。但相較之下，關於我國醫師團體在醫療行政法制中的角色尚缺乏完整論述，而本文即在檢視我國醫師團體(包括職業團體與學術團體)在執業管制中的定位與功能。 為了突顯我國醫師團體的特殊性，考量大陸法/英美法、醫療保險體系、醫療水準、與歷史社會等因素，本文選擇了德國、日本、美國、英國與中國大陸作為參照對比。從「醫療服務與醫療行政系統」到「醫師團體發展歷史與現況」，由大縮小、鑑古知今，將各國家地區之醫師團體的背景事實先做系統化整理、分析、並比較，以理解其在各自國家社會體系中的定位。另外，就其在醫師職業管制中管「入」的「執業資格授予」與管「出」的「執業資格廢止」的作用亦做系統化整理、分析、與比較，以認識各該團體在其中的功能。 基於以上的背景事實，再以「公私協力」與「職業自律」深入檢視，我國醫師團體(特別是職業團體之醫師公會) 在醫師職業管制中與國家政府之相對關係和定位，與其在執業資格授予與廢止作用上的功能。 關於我國醫師公會在執業管制法制中地位與功能的調整，本文建議：相較於仿德國例全面肯認醫師公會為「公法人」與政府分工，或仿日美英例鬆綁醫師公會為真正的「私法人」與政府制衡，依我國現實條件可由立法者直接立法或授權行政機關以授權命令賦予醫師公會行政受託人地位，並對稱移轉關於醫師執業資格授予與廢止之特定具體權限給公會，則在此委託範圍內公會即可被視為行政機關，即可對應要求其內部章程、組織、與程序須符合行政法法規與法理。 / Medical insurance and services are national tasks essentially for maintaining personal survival, improving people health, and protecting fundamental civil rights. Along with medicines, medical materials, equipment, and hospitals, medical professionals, including physicians, who have received professional training and met the requirements of expertise, technology and ethics, are indispensable for a working medical system. However, discussions about the roles of physician groups in medical administrative law systems in Taiwan are few. Thus, the present work is to examine positions and functions of physicians groups (including professional groups and academic groups) in the medical practicing regulation in Taiwan. In order to highlight the particularities of Taiwan physician groups and to take account of the differences in the continental law/Common law, medical insurance systems, medical service levels, and historical and social factors, Germany, Japan, the United States and the United Kingdom were selected for reference and comparison. From the "medical service and medical administrative systems" to "development history and present situation of the groups", the background facts of representative physicians groups were systematically collected, analyzed, and compared for comprehension of their positions in the social systems in their respective countries. Besides, regulatory functions of the groups in approving and revoking medical practicing qualifications were also systematically collected, analyzed, and compared for acknowledgement. Based on the above background facts and the concepts of "public-private partnership" and "professional autonomy", we further inspected Taiwan physician groups, especially the professional groups of physicians, to review their relationship with the government in professional regulation, and functions in practicing licensure. Regarding the positions and functions of the professional groups of physicians in medical practicing regulation in Taiwan, the following adjustment is proposed: Rather than adopting the “public legal entity” model for fulfilling national duties as in Germany, or “fully private corporation” model for balancing national regulation as in Japan, the United States, and the United Kingdom, our legislatives and administrative authorities could authorize by law the professional groups of physicians to exercise the powers specifically for medical practicing licensure, and thus the groups, as commissioned administrative agencies, should be required to amend their own bylaws, organizations, and procedures about the above authorized areas in concordance with administrative laws.

This study used narrative inquiry to answer the question “What are the stories of older adults who choose not to share information with health care professionals?” The study explored the experiences of older adults who did not share information with health care professionals (HCPs), who they defined as doctors. A thematic analysis of five participants’ stories revealed three themes: Illusions of Care, describing the participants’ experiences with doctors before they chose not to share information; The Last Straw, revealing the final incident that caused participants to choose not to share information; and The Mask of the Non-sharing Older Adult, describing how participants interacted with their doctors after they decided not to share information. Relationship development between older adults and their doctors, sensitive topics, issues and perceptions of ageing, and structure of the health care system contribute to the complex issue of older adults not sharing information. The decision not to share information with health care professionals may adversely affect the health and health care of older adults.

The widely acknowledged doctor shortage in Canada has recently motivated a more critical look at the licensure rates of International Medical Doctors (IMDs), also known as International Medical Graduates (IMGs). However, very little research has been conducted on the experiences of IMDs before they enter the Canadian medical system. This qualitative study collected interview data from 15 diverse IMDs seeking licensure in Ontario, Canada. The participants varied with respect to age, country of origin, English language proficiency on arrival, and time in Canada. In addition, two bridging support programs were observed, and interviews were conducted with three educators from the programs. The interviews were analysed using thematic content analysis (Boyatzis, 1998; Miles & Huberman, 1994). An analysis of metaphors used by the IMDs to describe their experiences during the licensing process supported the use of poetic representation for key findings, resulting in three poems that are interspersed in the body of the thesis (Ellingson, 2011; Glesne, 1997; Richardson, 2002; Richardson & Adams St. Pierre, 2005). The theoretical framework of the research was informed by Vygotskian Sociocultural Theory, which views learning as inseparable from social interaction and context (Vygotsky, 1987). Third-generation Activity Theory (AT), which has descended from Vygotsky’s work, was applied to highlight the higher-level systemic issues related to medical licensing. Results of this study indicate that IMDs with lower English proficiency face substantial difficulties on arrival, with limited access to the type of medically-relevant language instruction needed to support them. In fact, all pre-licensure IMDs struggle to access the interactional learning opportunities (i.e., Vygotskian “mediational means”) to support their entry into the system. Licensing challenges include limited exam preparation resources that support acquisition of Canadian cultural content; unequal access to clinical observerships; and a selection process which lacks transparency and emphasizes a screening tool unfamiliar to IMDs, the residency interview. Implications of this study include the revisiting of immigration policy; increasing the transparency and effectiveness of the selection process/residency interview; reviewing the role of clinical observerships in the selection process and exploring the potential of observerships to function as a licensure portfolio assessment.

The widely acknowledged doctor shortage in Canada has recently motivated a more critical look at the licensure rates of International Medical Doctors (IMDs), also known as International Medical Graduates (IMGs). However, very little research has been conducted on the experiences of IMDs before they enter the Canadian medical system. This qualitative study collected interview data from 15 diverse IMDs seeking licensure in Ontario, Canada. The participants varied with respect to age, country of origin, English language proficiency on arrival, and time in Canada. In addition, two bridging support programs were observed, and interviews were conducted with three educators from the programs. The interviews were analysed using thematic content analysis (Boyatzis, 1998; Miles & Huberman, 1994). An analysis of metaphors used by the IMDs to describe their experiences during the licensing process supported the use of poetic representation for key findings, resulting in three poems that are interspersed in the body of the thesis (Ellingson, 2011; Glesne, 1997; Richardson, 2002; Richardson & Adams St. Pierre, 2005). The theoretical framework of the research was informed by Vygotskian Sociocultural Theory, which views learning as inseparable from social interaction and context (Vygotsky, 1987). Third-generation Activity Theory (AT), which has descended from Vygotsky’s work, was applied to highlight the higher-level systemic issues related to medical licensing. Results of this study indicate that IMDs with lower English proficiency face substantial difficulties on arrival, with limited access to the type of medically-relevant language instruction needed to support them. In fact, all pre-licensure IMDs struggle to access the interactional learning opportunities (i.e., Vygotskian “mediational means”) to support their entry into the system. Licensing challenges include limited exam preparation resources that support acquisition of Canadian cultural content; unequal access to clinical observerships; and a selection process which lacks transparency and emphasizes a screening tool unfamiliar to IMDs, the residency interview. Implications of this study include the revisiting of immigration policy; increasing the transparency and effectiveness of the selection process/residency interview; reviewing the role of clinical observerships in the selection process and exploring the potential of observerships to function as a licensure portfolio assessment.

Diss. Uppsala : Univ., 2003.