Regulatory 'Desirables' for New Health Technologies

AM Farrell, S Devaney, TK Hervey and T Murphy, 'Regulatory "Desirables" for New Health Technologies' (2013) 21(1) Medical Law Review 1-10.

10 Pages Posted: 30 Apr 2014

See all articles by Anne-Maree Farrell

Anne-Maree Farrell

University of Edinburgh - School of Law

Sarah Devaney

The University of Manchester

Tamara K. Hervey

University of Sheffield - Faculty of Law

Thérèse Murphy

Queen's University Belfast - School of Law

Date Written: February 2013

Abstract

New health technologies offer both challenges and opportunities. They promise hoped-for improvements in both individual and population health, reduced spending on health from public authorities, and economic development. But they can also come with risks, to both individual and population health and, more broadly, to the environment. Significant uncertainties about benefits and risks may arise as a result of the emergence of such technologies, as discourses of promise and hope interact with those grounded in suspicion and fear. Regulators may encounter political pressure, expert-citizen contestation, and stakeholder resistance, leading to problems with compliance. These dynamics and discourses represent important contexts which need to be taken into account when determining what is both necessary and desirable in the regulation of new health technologies. A research agenda for examining the role and functions of new health technologies should include an examination of regulatory hybridity, certainty and stability; whether a shift away from risk regulation as the default regulatory mechanism is warranted; and how best to enhance regulatory legitimacy.

Keywords: health, regulation, technology, emerging technologies

Suggested Citation

Farrell, Anne-Maree and Devaney, Sarah and Hervey, Tamara K. and Murphy, Thérèse, Regulatory 'Desirables' for New Health Technologies (February 2013). AM Farrell, S Devaney, TK Hervey and T Murphy, 'Regulatory "Desirables" for New Health Technologies' (2013) 21(1) Medical Law Review 1-10., Available at SSRN: https://ssrn.com/abstract=2430793

Anne-Maree Farrell (Contact Author)

University of Edinburgh - School of Law ( email )

Edinburgh
Great Britain

Sarah Devaney

The University of Manchester ( email )

Oxford Road
Manchester M60 1QD, N/A M13 9PL
United Kingdom

Tamara K. Hervey

University of Sheffield - Faculty of Law ( email )

Crookesmoor Building, Conduit Road
Sheffield S10 1FL
United Kingdom

Thérèse Murphy

Queen's University Belfast - School of Law ( email )

Belfast, BT7 1NN
United Kingdom

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