Supervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate

The modern health care landscape is increasingly hard to capture in regulation and difficult to control by supervision agencies since, due to technological innovation and societal developments, new products and new health risks often emerge that extant regulation does not cover adequately. To counte...

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Auteurs principaux:	Aute Kasdorp, Judith van Erp
Format:	article
Langue:	EN
Publié:	Utrecht University School of Law 2019
Sujets:	enforcement harmful conduct health care inspectorates legal compliance risk Law in general. Comparative and uniform law. Jurisprudence K1-7720
Accès en ligne:	https://doaj.org/article/d5b1f8a79efb44dfadb6fe14ec9dbf4f
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spelling	oai:doaj.org-article:d5b1f8a79efb44dfadb6fe14ec9dbf4f2021-11-08T08:17:04ZSupervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate1871-515X10.36633/ulr.543https://doaj.org/article/d5b1f8a79efb44dfadb6fe14ec9dbf4f2019-12-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/543https://doaj.org/toc/1871-515XThe modern health care landscape is increasingly hard to capture in regulation and difficult to control by supervision agencies since, due to technological innovation and societal developments, new products and new health risks often emerge that extant regulation does not cover adequately. To counteract potentially harmful conduct, supervision agencies may frequently apply pressure on regulatees through regulatory conversations or negative publicity, even if their conduct may be legal. In this paper we provide context for such interventions beyond the law, outline the broad range of such interventions and discuss their efficacy and legitimacy. We recommend that relevant stakeholders engage in a dialogue that may result in institutional guidelines for supervision agencies on informal supervision practices and interventions beyond the law.Aute KasdorpJudith van ErpUtrecht University School of Lawarticleenforcementharmful conducthealth care inspectorateslegal complianceriskLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 3, Pp 99-113 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	enforcement harmful conduct health care inspectorates legal compliance risk Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	enforcement harmful conduct health care inspectorates legal compliance risk Law in general. Comparative and uniform law. Jurisprudence K1-7720 Aute Kasdorp Judith van Erp Supervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate
description	The modern health care landscape is increasingly hard to capture in regulation and difficult to control by supervision agencies since, due to technological innovation and societal developments, new products and new health risks often emerge that extant regulation does not cover adequately. To counteract potentially harmful conduct, supervision agencies may frequently apply pressure on regulatees through regulatory conversations or negative publicity, even if their conduct may be legal. In this paper we provide context for such interventions beyond the law, outline the broad range of such interventions and discuss their efficacy and legitimacy. We recommend that relevant stakeholders engage in a dialogue that may result in institutional guidelines for supervision agencies on informal supervision practices and interventions beyond the law.
format	article
author	Aute Kasdorp Judith van Erp
author_facet	Aute Kasdorp Judith van Erp
author_sort	Aute Kasdorp
title	Supervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate
title_short	Supervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate
title_full	Supervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate
title_fullStr	Supervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate
title_full_unstemmed	Supervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate
title_sort	supervision practice in the face of emerging health risks: how market dynamics are forcing enforcement officials to stretch their mandate
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/d5b1f8a79efb44dfadb6fe14ec9dbf4f
work_keys_str_mv	AT autekasdorp supervisionpracticeinthefaceofemerginghealthriskshowmarketdynamicsareforcingenforcementofficialstostretchtheirmandate AT judithvanerp supervisionpracticeinthefaceofemerginghealthriskshowmarketdynamicsareforcingenforcementofficialstostretchtheirmandate
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Supervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate

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