Can a Canadian doctor perform RFID chip implantation in a willing subject? I want to get an RFID chip implanted in my hand for practical and entertainment purposes. I am a adult 100% aware of the risks and willing to undergo the (very minor) surgery, in which the small tag is injected beneath the skin via a syringe. Since I want to minimize the risks, I want to ask a qualified doctor to perform the actual implantation. I am located in Quebec, but am willing to travel out of the province if the laws are more favorable. Is there a law that prohibits a doctor from performing such a procedure?
This article from 2007 indicates radio frequency identification microchips are not considered medical devices by Health Canada's Therapeutic Drugs Directorate, so there's no requirement to obtain licences for their sale or use. Health Canada spokesperson Carole Saindon says the devices do not have a therapeutic use, so they fall outside the ambit of the Food and Drugs Act. “Health records, or the mechanism by which they are stored or retrieved, are not considered to be medical devices,” says Saindon. Because this microchip technology is unregulated, it isn't known whether any Canadian facilities have implanted chips in humans. If it were positively required that the device be deemed to have therapeutic device in order for it to be legal to implant, then they would have said that the chip can't be implanted in Canada. It seems that there are no direct restrictions against chipping people in Canada, therefore a doctor may legally do it.
China and Canada each have jurisdiction If the RCMP want to, they can investigate the case, lay charges and seek extradition of the perpetrator from China. It will be refused. Therefore, they have wisely decided not to investigate. If the Chinese authorities want to, they can investigate and lay charges in China against the perpetrator. However, that would potentially be embarrassing for China. Therefore, they have wisely decided not to investigate. So, either country could prosecute but neither is going to.
It means what it literally says, that safety and effectiveness have not been established in certain contexts. The rationale behind saying this is §201.57 of 21 CFR 201, a regulation that mandates giving warnings. It is permitted to use a device or prescribe a substance where it is not yet proven that it is effective or safe for that usage, but you must not imply that it is perfectly safe and effective in all contexts. This part of the federal regulations dictates language aimed at particular scientific uncertainties. Insofar as a patient is expected to give informed consent for a treatment, informing the patient that a treatment is to some extent unproven is an essential part of the information that must be given for informed consent. So you can interpret it as a flag to the patient (or the prescribing doctor) that there is greater risk.
No It's your device, you can do what you like with it (subject to the law - you can't hit people with it. Unless they want to be hit: whatever turns you on, turns you on). However, if you do operate it outside their instructions then they would not be legally liable if it failed and injured you or someone else or set fire to the cat or whatever. The "prohibition" would limit their legal liability.
No. There are plenty of Quebecois laws covering what you must have water for (food prep, bathrooms, etc) and that if you are using the water in any fashion that it might come in contact with a human mouth (i.e. food preparation, etc) it must be drinking water (as defined in the document I linked), but no such laws requiring free distribution of drinking water on request by restaurants. It's worth noting, I suppose, that tap water must be provided by restaurants in their bathrooms for the washing of hands and that said water must be of drinking water quality, but they are not required to offer it in a glass, free of charge. Anecdotally, I will also note that there are laws in several other Canadian jurisdictions that DO require free drinking water on request, but those laws also do not stipulate the glass must be provided for free.
"As we know non-adults aren't allow to carry weapons" This is not something that we know or an obvious point. It is also not obvious that a knife would qualify as a weapon for these purposes. This would not be true in most jurisdictions in the world. I have no idea what knife control laws look like in China or Taiwan. A reference to why you think that this is the case would be helpful. Even if there are laws banning possession of knives (i.e. carrying knives) when one is in public for use as a weapon, it would be very surprising to me if teens weren't allowed to possess knives in a kitchen, or a work site where a knife was a necessary tool. It would similarly surprise me if a teen working on a knife design in a craftsman's workshop would be illegal. What makes you think that any of these things are illegal in China or Taiwan? This might have been illegal in Japan in the 1600s when metal blades were highly regulated (this is one of the reasons that most Japanese food is served with portions pre-cut to be bite sized), but I very much doubt that teen possession of knives for practical purposes is illegal in any of those places today. There is also, in general, nothing wrong with factories run by adults making knifes from other people's designs. They do that all the time and it wouldn't be illegal to do so just because the designer wasn't allowed to use the product of the factory in public. I would be surprised if a factory even asked how old the designer was, particularly if he was operating through a company formed for him (something an adult might have to do). The harder question would be whether the teen can enter into an enforceable and valid contract with a factory without having the co-signature of a parent or guardian. Many countries don't allow this so that the teen is not exploited into agreeing to a big contract on unfair terms. Also, many countries make a distinction between criminal acts committed by adults and the same acts committed by minors. A teen, particularly a young teen, may be under the relevant law, capable of only engaging in juvenile delinquency, rather than an adult felony. But, again, I don't know how this is handled in Taiwan or China. In general, the legal system in Taiwan strongly resembles that of the legal systems in Continental Europe not long after World War II (i.e. in the 1940s), with its own local developments since then. But, China's legal system is quite unique and is not very similar to the common law legal systems of England and former or current English colonies, or the civil law legal system of Continental Europe (or for that matter, Islamic law). China's legal system is different at the level of very deep concepts of legal process, of what is and isn't law, and of many core legal concepts. It also has piecemeal bits that are imposed by treaty even though they are not organically natural fits with the rest of the Chinese legal system (e.g. its intellectual property laws).
Under federal law, it is illegal the minute you have any marijuana or marijuana seeds. Likewise under NJ law, except if authorized by state law, for medical marijuana production. Under NJ's medical marijuana law, "alternative treatment centers" grow and dispense medical marijuana, and there is no provision for mass-production growers (who don't distribute). Such a center is "an organization approved by the department [of Health and Senior Services] to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of this act". The department accepts applications to operate such a center, and "shall seek to ensure the availability of a sufficient number of alternative treatment centers throughout the State, pursuant to need, including at least two each in the northern, central, and southern regions of the State" (they have to find a need for another center in a location, in order for one to get authorized; this is evaluated every 2 years). There are criminal background checks for those involved with a treatment center. According to this article, there are a maximum of 6 centers to be opened, in Montclair, Egg Harbor Township, Woodbridge, Bellmawr, and Cranbury (existing), and Secaucus (under review). The article implies that 6 is the statutory maximum, but that is the statutory minimum, though probably the regulatory maximum (i.e. the state will not authorize any further centers). It also says that the centers must be non-profit, though the law only requires the first two to be non-profit (though it could be a de facto requirement via the regulatory power of the Dept. of Health). Since they don't seem to be eager to expand availability, there isn't any information on what other requirements there are for operating such a center, though the application form is here. The 2016 annual report gives information on production at the 5 existing centers, which is in the range of 400-800 lbs annually.
There is no such legal requirement coming from federal or NY state law. Doctors can refuse treatment when the patient is abusive or the matter is outside the scope of their practice, and that can include a test which requires skills, equipment or a contractual relationship that they don't have. Also if a procedure conflicts with their professional duties (that is a large loophole), they do not have to perform a requested service: an example is prescribing antibiotics for a viral infection. There is also a federal regulation known as the conscience rule which is conceivably applicable. If the test is medically unnecessary (e.g. a covid antibody test &quot;just for the heck of it&quot;) it would be illegal for the physician to perform the test and bill the insurance, though not illegal to do the test and have the patient pay, unless their agreement with the insurance company precludes any and all unnecessary treatments (regardless of whether the patient pays). That is, you cannot compel the doctor to breach his contract with the insurance company. If they do perform the test, then according to HIPAA, they have to tell you the results.