Dew K, Roorda M
Department of Public Health, Wellington School of Medicine, University of Otago, P.O. Box 7343, Wellington, New Zealand.
Health Policy. 2001 Jul;57(1):27-44. doi: 10.1016/s0168-8510(01)00132-4.
This paper explores innovations in health complaints mechanisms in New Zealand, focusing on two legislative developments-The Health and Disability Commissioner Act 1994 and the Medical Practitioners Act 1995. Both pieces of legislation were introduced during a time of far-reaching institutional change in New Zealand, and were influenced by the findings of unethical practices by medical researchers at a women's hospital in Auckland. Although the legislation was driven by concerns over consumer rights and in particular women's health, there have been some unanticipated developments. An assessment is made of the impact of these innovations, based on the analysis of a number of data sources, including media reports, complaint reports and submissions to select committee hearings. The regulatory environment in New Zealand left health consumers heavily dependent on the medical profession's internal mechanisms of regulation. The failure of this internal regulation led to new external regulatory mechanisms designed to empower the consumer. The analysis suggests that even when empowerment appears to be written into legislation there are mechanisms available to limit empowerment further.
本文探讨了新西兰健康投诉机制的创新，重点关注两项立法进展——1994年《健康与残疾专员法案》和1995年《医生法案》。这两项立法都是在新西兰发生深远制度变革的时期出台的，并且受到奥克兰一家女子医院医学研究人员不道德行为调查结果的影响。尽管这些立法是出于对消费者权利尤其是女性健康的担忧而推动的，但也出现了一些意外的发展。基于对包括媒体报道、投诉报告以及提交给特别委员会听证会的材料等多个数据源的分析，对这些创新的影响进行了评估。新西兰的监管环境使健康消费者严重依赖医学行业的内部监管机制。这种内部监管的失败导致了旨在赋予消费者权力的新的外部监管机制。分析表明，即使授权似乎已写入法律，仍有一些机制可进一步限制授权。
