Document Detail


Regulating preimplantation genetic diagnosis: a criminal model versus a professional model.
MedLine Citation:
PMID:  20169804     Owner:  NLM     Status:  MEDLINE    
Abstract/OtherAbstract:
This article examines a criminal and professional approach to the regulation of preimplantation diagnosis (PGD) in the two Australian States of Victoria and New South Wales. Under the Assisted Reproductive Treatment Act 2008 (Vic), Victorian medical practitioners face criminal sanctions if they ignore legal requirements. The criminal sanctions do not apply directly to patients, but those seeking PGD treatment have to satisfy guiding legislative principles, statutory rules and the controversial new "presumption against treatment" hurdle. On the other hand, the Assisted Reproductive Technology Act 2008 (NSW) does not specifically address PGD and medical practitioners in New South Wales are not subject to criminal sanctions but must follow the National Health and Medical Research Council Guidelines. As far as patients in New South Wales are concerned, PGD is essentially a medical procedure. In both Victoria and New South Wales, PGD practice is relatively liberal compared to that in many other countries, although the Victorian approach is clearly the more restrictive model of regulation with the threat of criminal sanctions overriding the medical practitioner's ethical duty to act in the best interests of a patient.
Authors:
Kerry Petersen
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Publication Detail:
Type:  Journal Article; Research Support, Non-U.S. Gov't    
Journal Detail:
Title:  Journal of law and medicine     Volume:  17     ISSN:  1320-159X     ISO Abbreviation:  J Law Med     Publication Date:  2009 Dec 
Date Detail:
Created Date:  2010-02-22     Completed Date:  2010-03-23     Revised Date:  2011-12-01    
Medline Journal Info:
Nlm Unique ID:  9431853     Medline TA:  J Law Med     Country:  Australia    
Other Details:
Languages:  eng     Pagination:  452-61     Citation Subset:  IM    
Affiliation:
School of Law, La Trobe University, Melbourne, Vic 3086, Australia. K.Petersen@latrobe.edu.au
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MeSH Terms
Descriptor/Qualifier:
Australia
Female
Humans
Pregnancy
Preimplantation Diagnosis* / ethics
Reproductive Techniques, Assisted / legislation & jurisprudence*
Grant Support
ID/Acronym/Agency:
//Arthritis Research UK

From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine


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