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U.S.A.T. Master of Laws (LL.M.) MEDICAL LAW & ETHICS

2011UNIVERSITY OF SCIENCE, ARTS AND TECHNOLOGY (USAT) International Law School

DESCRIPTION AND SYLLABUS of the MASTER OF LAWS (LLM), POSTGRADUATE DIPLOMA (PGDip )

and CERTIFICATE COURSE.

(DELIVERED IN NON RESIDENTIAL FORMAT, ON-LINE, DISTANCE LEARNING with 2 MODULES

RESIDENTIAL TRAINING/COURSE)

USAT LLM MEDICAL LAW

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The University of Science, Arts & Technology

U.S.A.T.

The University of Science, Arts & Technology and The Montserrat College of Medicine, hereinafter (USAT) is an Institution Incorporated under the Laws of Montserrat and the U.K. of The Great Britain. Licensed and Fully accredited by The Government of Montserrat, (BWI) as signed by License Agreement on date 26 September 2003, by the Minister of Finance and Development on behalf of The Government of Montserrat in presence of the Attorney General. Autonomous and fully operational as it is stated in such License Agreement that is current and up to date, where delegated authority over The Board of Directors and Faculties was vested and with the authority conferred by such Regulations and under applicable Law The Government of Montserrat gave powers to award Degrees and Diplomas of a variety of Disciplines, Areas and Specialties, including but not limited to the above-named Montserrat College of Medicine whit full capacity to Grant Degrees as it is stated by letter of The ministry of Education, Health and Community Services of Montserrat, including but not limited to the Degrees of MBBS ( Bachelor of Medicine and Bachelor of Surgery), BDS (Bachelor of Dental surgery),MD (Doctor of Medicine), MSc (Master of Science), MPH (Master of Public health) and PhD ( Doctor of Philosophy).The University of Science , Arts and Technology (USAT) is also Incorporated under the Laws of the State of Florida, as a Non-For-Profit Corporation and Registered with The State of Florida Department of Corporations with full operational capacity as Educational Institution under such Laws, Statutes and Article By-Laws and full recognition given to the Board of Directors. Listed in the IMED/FAIMER International Directory of Medical Schools and its students and Graduates are ECFMG accepted and thus far eligible to sit for the


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USMLE and to apply for a license and further training in the UNITED STATES. The University is also listed in the CAPER/CANADA Canadian Post Graduate Registry of Training as it appears on its 2008 edition with the pertinent MEDICAL SCHOOL code, etc..The University is member of the WHO/OMS WORLD HEALTH ORGANIZATION as it appears on the WHO website as a partner in the named W.H.O. HEALTHCARE ALLIANCE ON GLOBAL WORKFORCE. The University has passed satisfactory review by UNESCO and is in accordance with ISO rules and regulations within the EU Overseas Territories and Countries Associated to the European Union. USAT is the first Eco-Friendly University Campus in the Caribbean Area. USAT is registered also in the United Kingdom of The Great Britain, (England and Wales) and in the United States of America (State of Delaware). USAT is affiliated with CALIFORNIA UNIVERSITY F.C.E. and its Degrees and Diplomas are suitable for admission and obtention of the U.S. Equivalency Degree Certification under the scrutiny and verification of CALIFORNIA UNIVERSITY FCE. USAT has signed and maintain International Agreements with European and North American (US&CANADA) Universities and Colleges of worldwide reputation in matters such MUTUAL RECOGNITION OF DEGREES, TRANSFER OF TECHNOLOGY, JOINT DEGREE OFFER, TRANSFER OF PROFESSORS AND EXCHANGE OF STUDENTS within the frame of more deep co-operation in the fields of academic, professional and scientific agreements constantly developing. USAT is affiliate of several other universities and High Education Institutions worldwide, Some of this agreements are signed with the University Hospital Martin, Institute of Health Techniques (Lisbon and Porto, PORTUGAL) or the University of Seville, in Spain, a world well-known institution with a long history and tradition. More recently USAT University became member of AAHEA (American Association for Higher Education Accreditation).This organization (the oldest in America) presented its Certificate for Excellence in Education Award to USAT officials in 2010.


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Master of Laws (LLM), Postgraduate Diploma and

Postgraduate Certificate

Course outline

Medical law and ethics

Section A: Basic concepts in medical law

· Bioethics

· Consent

· Capacity

· Confidentiality

- Children and Medical Law

- Medical Negligence

Section B: Access to treatment and malpractice litigation

· Resource allocation

· Malpractice litigation

· Product liability and the regulation of medicines

· Liability for occurrences before birth

Section C: Legal and ethical issues in medical practice

· Mental health law

· Clinical research

· Organ transplantation

· End of life decisions

Section D: Legal and ethical issues in reproduction

· Abortion

· Embryo and stem cell research

· Assisted conception

· Surrogacy.

Sequence: Section A first, Section D last.

Postgraduate study in Medical Law:

Master of Laws (LLM), Postgraduate Diploma and Postgraduate Certificate

Choice

Our postgraduate programmes are available via distance learning. In some countries support is also available via local institutions.


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Programme summary

You study Study period Cost

Postgraduate Certificate 5 sections (from up to 4 courses) 6 months -

5 years $2,695

Postgraduate Diploma 10 sections (from up

to 4 courses) 1-5 years $4,695

LLM 4 courses (totalling 16 sections) 1-5 years $7,095

Prestige

Renowned for excellence in education, the USAT is a respected institution in the

world. The University has been offering the opportunity for students around the world to obtain the Master of Laws (LLM) of the University since 2010.

This Postgraduate Laws programme has been developed by academics within

Montserrat College of Medcine and Law departments of the International Law

School, both of which have outstanding reputations. You're assessed to the same

standard as students studying at the College.

Access

Access is a key principle - you do not need an LLB to apply; although the

programme is primarily intended for LLB or MD graduates, applicants with no

degree can start on the Postgraduate Certificate in Laws and progress up. Whether

you're a practising lawyer, LLB graduate or non-legal professional, if you're keen to

develop your career, this programme has an option to suit you.

Flexible learning

extensive new study materials (print and web-based), written and edited

especially for distance learning students. library resources, legal databases and dedicated discussion forums for each

course. progression routes enable you to accumulate credits towards the Master of

Laws (LLM), e.g. if you register for the LLM you'll receive the Postgraduate

Diploma and Postgraduate Certificate en route, as you satisfy the

requirements for those awards.

Summary of key dates

To sit exams in: Best to apply before: MUST enrol by:

May 31 July (previous year) 15 October (previous year)

October 31 January (same year) 15 March (same year)


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Please note: in England and Wales, the Law Society and General Council of the

Bar do not recognize the Postgraduate Laws Programme as having QLD (Qualifying

Law Degree) status. We advise you to contact the legal professional body in the

jurisdiction where you intend to practice, to find out what their requirements are

with regards to satisfying their entry requirements to the legal profession.

Structure

The great benefit of this new programme is its flexible structure. It's up to you

whether you study the subjects of most interest to you and/or those that will be

most useful to your career. There's a wide range of Courses to choose from and

three awards to aim for: you decide the level you want to achieve and the areas

you want to cover. And because you can study when you choose, you can plan your studying to fit in with your work and home commitments.

Each course is divided into four sections and there is a separate exam for each

section. For some courses, there are set sequences to guide you through the

sections (given under the syllabus). For others, you decide the order in which you

study your chosen sections.

You take the following number of courses and sections:

Postgraduate Certificate – five sections from up to four courses Postgraduate Diploma – ten sections from up to four courses Master of Laws (LLM) – 16 sections from four courses

Your progression through the awards

As you finish each award, you only need to take the additional sections necessary

to complete the next award. You can think of progression as shown in the following

diagram. You can choose any five or ten sections from four courses, as long as you

respect the set sequence (if any) through the sections of a course as set out in the syllabus.

If you begin with the Postgraduate Certificate you can progress to the Postgraduate

Diploma and/or Master of Laws (LLM) by continuing to study the courses you have begun until they are completed.

If you have successfully studied five sections and received the Postgraduate

Certificate, you can continue studying five more sections and receive the

Postgraduate Diploma. After that, six more sections are required for you to graduate with the Master of Laws (LLM).


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Assessment

Each course is divided into four sections - A, B, C and D. Each section will be

assessed by a 45-minute unseen written examination, each double section by a 90-minute unseen written paper. There are no oral exams and no dissertations.

Examination sessions are held twice a year, in May and October. That means

you can manage and spread your study and assessment load. You do not have to

sit exams at every session. You can skip exam sessions, but remember you must

finish within your five year period of registration.

You do not have to come to Montserrat to take your examinations.

Examinations are held in local overseas centers around the world as well as in

London. Examinations overseas are arranged mainly through Ministries of

Education, the British Council or by agreement between USAT and other

Institutions. You will be charged a fee by your local examination centre (this fee will vary). All exams are set and marked in Montserrat by the Board of Examiners.

Note: Under certain circumstances you will have the opportunity to make a second attempt at an exam for a section.

Classification

The Master of Laws (LLM), Postgraduate Diploma in Laws and Postgraduate

Certificate in Laws are awarded without classification. At the discretion of the Board

of Examiners a mark of Merit or Distinction may be awarded. A student who obtains

an average mark for all assessment in the range 60-69% will normally be awarded

the relevant award with Merit. A student who obtains an average mark for all

assessment of 70% or more will be awarded the relevant award with Distinction. A

mark of Merit or Distinction shall not normally be awarded to a student who has failed any section.

To be considered for the award of the Master of Laws (LLM) degree, a student must have:

attempted the examinations for four complete courses, composing of

a total of sixteen sections (or the equivalent where double sections

are attempted) and obtained an overall average mark of at least 50% in each of those

four courses and achieved, within each course, a minimum mark of 50% in three

sections and no less than 40% in any one section. In all cases, where

a student attempts a double section a minimum of 50% must be achieved in that double section.

To be considered for the award of the Postgraduate Diploma in Laws, a

student must have:

attempted the examinations for a total of ten sections (or the

equivalent where double sections are attempted) and obtained an overall average mark of at least 50% over those ten

sections and obtained an overall average mark of at least 50% in each course

which is completed in full (i.e. all four sections are attempted) and achieved, within each course, a minimum mark of 40% in one single

section and at least 50% in all other single sections attempted. In all


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cases, where a student attempts a double section a minimum of 50%

must be achieved in that double section.

To be considered for the award of the Postgraduate Certificate in Laws, a student must have:

attempted the examinations for a total of five sections (or the

equivalent where double sections are attempted) and obtained an overall average mark of at least 50% over those five

sections and obtained an overall average mark of at least 50% in each course

which is completed in full (i.e. all four sections are attempted) and achieved, within each course, a minimum mark of 40% in one single

section and at least 50% in all other single sections attempted. In all

cases, where a student attempts a double section a minimum of 50% must be achieved in that double section.

How you study

The study programme allows you to study when you choose. It offers a flexible

study period - from 1 to 5 years to achieve the Master of Laws and the Postgraduate Diploma; from 6 months to 5 years for the Postgraduate Certificate.

Each section represents 112.5 study hours which equals 450 study hours per course. The estimated total student learning time for the LLM is 1800 hours.

The new programme is self-taught with extensive new study materials

providing greater support (print and web-based) to improve and aid your study

experience, these include:

Textbook(s) provided for each Course and Readers for most Sections

to direct your reading Extensive new Study Guides available in print, on CD and on the

web especially written and edited for distance learning purposes,

usually by the author of the textbook which will be provided, with

clear learning outcomes and key skills, and self-assessment

questions throughout Postgraduate Laws Handbook containing information about

libraries and bookshops, useful World Wide Web sites and a

photocopying service available to students Regulations containing important information, such as details of the

Courses and Specializations available, syllabuses, and assessment matters

Students also have access to an online eCampus containing:

Extensive online library resources Five legal databases including Lexis/Nexis® and Westlaw® Dedicated discussion forums for each Section - you'll encounter all

kinds of people with perspectives from many different areas of the

globe, including the legal professions, discover new ways of studying and no doubt make new friends


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Computer access

Although materials will be provided to you in print, you will find it useful to be able

to access the Internet to find some assigned reading online. You will also need to

check on the eCampus annually to ensure you have any new or updated study

materials for the Sections you are studying. Plus you may want to be in touch with other students, to share experiences and support.

Skills and Aptitudes

Studying for a University degree on the Non Residential or distance Learning

Programme can often be more difficult than studying full-time at one of the

University's colleges. This is because many External students study independently.

They work exclusively with the materials provided by the University and with the

books they are recommended to read.

Although the Programme has been specifically designed for people who wish to

work in this way, the University's most successful students are those who really

want to study either for professional or personal development. If you are to

succeed, you too will need to be highly-motivated, disciplined and organized in

planning your time. Of course, you also need to have a good standard of written English.

Look at the two lists below to see if you are the sort of person that might do well at this kind of study.

Likely to be suited if you:

enjoy studying have experience of organizing your time well either at work or home are open to new and different ideas (even if you don't agree with them) are highly motivated and disciplined are willing to make short-term sacrifices

Probably not suited if you:

get bored or distracted easily don't like reading have difficulty completing tasks and projects lack patience already have a very busy schedule

Period of study

The programme allows you to study when you choose. It offers a flexible study

period - from 1 to 5 years to achieve the Master of Laws (LLM) and the

Postgraduate Diploma; from 6 months to 5 years for the Postgraduate Certificate.

If you want to move quickly the Postgraduate Certificate can be completed in 6

months, 1 year for the Postgraduate Diploma, 1 year for the Master of Laws (LLM).


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Each Section represents 112.5 study hours which equals 450 study hours per

Course. The estimated total student learning time for the Master of Laws (LLM) is 1800 hours.

Entrance requirements

Access is a key principle for all distance study programmes offered through the

University's System, and Postgraduate Laws is no exception. The programme offers

the opportunity to gain the same prestigious qualification awarded to students

enrolled with one of the University's Colleges but without coming to London. It is

open to a wide range of students and assessed to the same high standard as a

programme within one of the University's Colleges. There are no requirements for

you to come to London, so no relocation or travel costs and you can continue

working full time. In addition, any number of students can join this programme, so if you meet the University's entrance requirements you will be offered a place.

In order to be eligible to register for the LLM degree, Postgraduate Diploma in Laws

or Postgraduate Certificate in Laws, you must satisfy the entrance requirements

given below:

Master of Laws (LLM)

Applicants are required to have at least one of the following:

Obtained the LLB degree of the University with at least Second Class

Honours (excepting that a candidate who obtained the LLB Pass degree before 1969 may make a special application) or

Obtained a first degree, in a subject appropriate to the LLM, of a university

in a Member State of the European Union, with a result considered by the

University to be equivalent to at least Second Class Honours or

Obtained a first degree, in a subject appropriate to the LLM, of an acceptable

university outside the European Union, with a result considered by the University to be equivalent to at least Second Class Honours or

Obtained a Masters degree, in a subject appropriate to the LLM, of a

university in a Member State of the European Union or of an acceptable

university outside the European Union or

Passed the Bar Vocational Course (BVC) of England and Wales or the

Qualifying Examination of the Solicitors Regulation Authority of England or

the corresponding examinations in Scotland or Northern Ireland, where in

either case the student has also obtained a Second Class Honours degree of

a UK university (or an educational institute of university rank) or an

overseas qualification of an equivalent standard obtained after a course of

study extending over not less than three years in a university (or

educational institute of university rank) or

Obtained either the Common Professional Examination or an equivalent

Diploma in Law where in either case the applicant has also obtained a

Second Class Honours degree of a UK university (or an educational institute

of university rank) or an overseas qualification of an equivalent standard

obtained after a course of study extending over not less than three years in a university (or an educational institute of university rank) or


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Qualified as a solicitor or barrister in England or Wales, or the equivalent

outside England or Wales or

Obtained a Postgraduate Diploma from a College or Institute of the University

Postgraduate Diploma


Obtained a degree of the University with at least Second Class Honours or

Obtained a degree of a university in a Member State of the European Union,

with a result considered by the University to be equivalent to at least Second Class Honours or

Obtained a degree of an acceptable university outside the European Union,

with a result considered by the University to be equivalent to at least Second Class Honours or

Obtained a Masters degree of a university in a Member State of the

European Union, or of an acceptable university outside the European Union or

Obtained a Postgraduate Certificate in law from a College or Institute of the

University.

Postgraduate Certificate


Obtained a degree of the University or

Obtained a degree of a university in a Member State of the European Union or

Obtained a degree of an acceptable university outside the European Union or

At least five years relevant work experience, such as accounting, banking, finance or insurance

Please note: in exceptional circumstances, an applicant who does not satisfy the

foregoing requirements may be permitted to enrol for the LLM degree,

Postgraduate Diploma in Laws or the Postgraduate Certificate in Laws if the

University is satisfied that by reason or his or her background, experience and professional qualifications (if any) the applicant is fit to follow the course of study.

English language requirement

All applicants must possess an appropriate level of ability to work in English.

Therefore, an applicant whose first language is not English must provide evidence

acceptable to the University that the applicant has, no more than three years prior to application, either:


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Substantial education (minimum 18 months) conducted in English or Substantial work experience (minimum 18 months) conducted in English or Passed, at an appropriate level, a test of proficiency in English acceptable to

the University of London - for example, IELTS with a minimum overall score

of 6.5 with a minimum of 6.0 in each sub-test or TOEFL score of 580 (or 237

in the computerized test) plus 4 in the Test of Written English (TWE)/Essay

Rating. For the TOEFL iBT (internet-based Test) a total score of 92 is

required with at least 22 in both the Reading and Writing Skills sub-tests

and at least 20 in both the Speaking and Listening sub-tests.

The University reserves the right to require an applicant to pass at an appropriate

level a test of proficiency in English that is acceptable to the University before an offer of registration can be made.

Computer requirements

Although access to the Internet is not an entrance requirement for the

Postgraduate Laws programme, you are advised to have Internet access in order

that you may benefit from the support given in the eCampus.

Exemptions

Students who have obtained a Postgraduate Certificate in law or a Postgraduate

Diploma in law from a College or Institute of the University may be considered for exemption in accordance with the rules given below.

At the discretion of the University, students who satisfy the relevant

entrance requirements to register for a programme of study and are

appropriately qualified may apply for exemption from specified subjects.

Applications will be considered on the basis of studies successfully completed at a level considered by the University to be appropriate.

Students can be considered for exemption from up to one third of the

programme concerned. Exemption can be granted from core and optional

subjects, but cannot be granted from the dissertation, project or final examination (as appropriate) of the programme.

No exemption will be granted unless the student has made an application in accordance with the University’s procedures and deadlines.

Applications for exemption cannot be considered after a student has made

entry to the examination for the subject concerned. Students who have

failed an examination may not, at a later stage, apply for exemption from that examination.

A fee is payable for all applications for exemption. The exemption application fee is $100 and is non-refundable.

All exemptions are granted at the discretion of the University.

Exemptions are valid only for a limited time and as indicated in the offer of

exemption. If a student does not enter an examination within this period,

then the exemption will lapse and it will be necessary to make a fresh application.


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Exemptions are valid only for the particular programme of study and subject

for which they have been awarded. Exemptions will no longer be valid if the

programme is withdrawn before the student registers. Students who transfer

their registration to another programme may be required to submit a further

application for exemption.

Students who are exempt from a specific subject are not required or

permitted to offer the same, or equivalent, subject at a later stage.

How to apply

There is no application deadline and applications are reviewed and eligible

students are sent offers to register throughout the year. However, if you would like

to take your first exam(s) at the first available opportunity – which could be in May or October – you must apply and have enrolled by the deadlines given below.

To sit exams in: Application deadline Registration deadline

May 31 July previous year 15 October previous year

October 31 January same year 15 March same year

1. To apply, complete the GENERAL UNIVERSITY APPLICATION FORM and submit it,

together with all the documentation listed on the form, to:

Postgraduate Admissions Office SOUTH MAYFIELD ESTATE DRIVE, OLVESTON, MONTSERRAT, BWI.

Please note: faxed applications are not accepted.

2. You can apply for the Master of Laws (LLM), Postgraduate Diploma or

Postgraduate Certificate at any time of year. However, if you would like to take

your first exam(s) at the first available opportunity – which could be in May or October – you must apply and have enrolled by the deadlines given below.

Please note that if your application form and/or documentary evidence is received

after the application date, the University may not be able to consider your

application in time for you to meet the enrolment deadline. You might have to

postpone your first examination until the next sitting.

To sit

exams in: Application deadline Registration deadline

May 31 July (previous year) 15 October (previous year)

October 31 January (same year) 15 March (same year)

Please note: the first application date for 2011 is 31 July, with a first exam sitting

of May 2012.

3. On receipt of your form the University will send you an acknowledgement and a

student number. Please note that the allocation of a student number at this stage

does not constitute acceptance onto the programme. If you have not received an

acknowledgement within three weeks of sending in your form, please contact the

Admissions Office with details of your full name, the programme for which you have applied and the date on which your form was posted.


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4. The University will notify you whether or not your application has been accepted.

5. If you are accepted the University will send you an offer of registration, a study

fee slip, a registration form and a copy of the Regulations.

6. You will then need to enroll, by completing your registration form and study fee

slip and returning these, along with the appropriate fee, to the Student Registry at the Administrative Office address given above.

7. Your study materials will be sent to you by courier as soon as possible after the University receives the appropriate fees.

Documentary evidence in support of your application

1. You must send photocopied evidence of your full name (including any change of

name) and date of birth (eg: passport, birth certificate, marriage certificate, deed poll, statutory declaration).

2. Documentary evidence of all your qualifications is needed for your application to

be considered. This evidence must be submitted to the University with the application form.

Notes:

Applicants living in the UK Enclose the original certificate/s showing the final

award/s for each qualification. If you would prefer not to send your original

certificates by post, you may wish to bring your application form, all the original

certificates into the Admissions Office personally. The University will photocopy the

certificates and return them to you immediately. Your application will then be

processed in the usual way and the decision sent to you by post.

Applicants living elsewhere in the European Community or overseas:

agreement has been reached with a number of British Council offices for them to

verify photocopies of original documents on the University's behalf. If you have a

British Council office near you it is suggested that you contact the staff to see if

they offer this service. Please note that if they are unable to offer this service you

will be required to send the original degree certificate/s or other qualification's) to Montserrat in support of your application.

The University cannot accept verified photocopies from any source other

than the British Council or Official consular and/or Diplomatic

representatives of each Country.

ALL applicants: if you are sending original documents to the University, you are

strongly advised to send them by registered post or recorded delivery or by courier. Telephone number which may be required for courier delivery is 664 491-5364.

Note: all original documents submitted by you will be returned by International

Recorded Delivery after your application has been processed. However, the

University will keep all photocopies unless you request otherwise.

Translation of Certificates and Transcripts

If your certificates and transcripts are printed in a language other than English you

will need to have them officially translated into English. Official translators are


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usually listed in local telephone directories. When you have located one near to

you, take your original certificates and transcripts to their office. The Translator

should take a copy of the originals and stamp / emboss them with an official seal and sign them. The originals should be returned to you.

After the translation into English is complete, the Translator should stamp / emboss

these with the same official seal and sign them. Each of the stamped / embossed /

signed documents both in English and the original language should be sent to the University in London in support of your application.

If it is a Master level programme which you are applying to join, your official

translations will not be sent back to you. If it is a Bachelor level programme which

you are applying to join and you would like the official translations returned to you,

add the sum indicated on the Application Handling Fee slip and the University will return them to you by Recorded Delivery.

USAT DEGREES, DIPLOMAS AND AWARDS

THE GOVERNMENT OF MONTSERRAT HAS CHARTERED THE UNIVERSITY OF SCIENCE, ARTS & TECHNOLOGY (USAT) WITH SPECIAL POWERS TO GRANT HIGH EDUCATION CERTIFICATES, DIPLOMAS AND UNIVERSITY DEGREES, SO THUS FAR THIS MEAN THAT ALL USAT DEGREES OBTAINED FOLLOWING AN APPROVED COURSE OF STUDY SHOULD BE CONSIDERED OFFICIAL, AND FULL FAITH AND VALIFITY SHOULD BE GIVEN TO IT WORLDWIDE. MOREOVER, THE UNITED KINGDOM SIGNED ON BEHALF OF MONTSERRAT INTERNATIONAL AGREEMENTS AND TREATIES TO ENSURE AND ENFORCE MUTUAL RECOGNITION OF HIGH EDUCATION DEGREES AND DIPLOMAS, INCLUDING ALL THE GRANTED UNIVERSITY QUALIFICATIONS BOTH ACADEMIC AND PROFESSIONAL.

© USAT, University of Science, Arts and Technology USAT-Montserrat

Department of Post Graduate Programmes

Vice-Dean of Post Graduate Education

MONTSERRAT

British West Indies

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