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Legislative hazard: keeping patients living, against their wills.

Natural death act legislation which is intended to assist patients who wish to refuse or limit medical treatment may actually erode patients' rights. By use of a 'living will' the legislation intends to extend the patients' role in decision-making to the time when patients can no longer speak for themselves. However, the legislation erodes and constricts the right of refusal. The erosion is the result of two sets of conditions found in the legislation. The first requires that the patient be qualified and certified by others before interventions can be withdrawn or withheld. The second delineates the physical condition which must be present before a living will can be followed. Patients have had to seek the assistance of the courts to enforce their common law rights of refusal of treatment against these requirements. Legislation is needed, but greater care must be taken to avoid the creation of a Kafkaesque legal nightmare for those we intend to assist.

Ethics, Medical↗

Consensus for tobacco policy among former state legislators using the policy Delphi method.

OBJECTIVE: To test a novel approach for building consensus about tobacco control policies among legislators. DESIGN: A pilot study was conducted using a two-round, face-to-face policy Delphi method. PARTICIPANTS: Randomly selected sample of 30 former Kentucky legislators (60% participation rate). MAIN OUTCOME MEASURE: Consensus on tobacco control and tobacco farming policies. RESULTS: Former state legislators were more supportive of tobacco control policies than expected, and highly supportive of lessening the state's dependence on tobacco. Former state legislators were in agreement with 43% of the second-round items for which there was no agreement at the first round, demonstrating a striking increase in consensus. With new information from their colleagues, former lawmakers became more supportive of workplace smoking restrictions, limitations on tobacco promotional items, and modest excise tax increases. CONCLUSIONS: The policy Delphi method has the potential for building consensus for tobacco control and tobacco farming policies among state legislators. Tobacco control advocates in other states might consider using the policy Delphi method with policymakers in public and private sectors.

Cooperative Behavior↗

Transcendent pluralism and the influence of nursing testimony on environmental justice legislation.

Environmental justice is an important issue affecting health disparities. Using the framework of transcendent pluralism, this article describes nursing actions and research in a legislative coalition for an environmental justice bill. Two descriptive studies are conducted: a focus group with six legislative aides and an evaluation of a nursing presentation given to 10 Massachusetts state legislators. Pretest and posttest results showed a small but significant increase in the legislators' disposition toward the bill; the mean score increased from 5.4 to 5.9 (p = .037). Legislators perceived nurses as lobbying more for nursing profession issues than general health issues (score of 6.3 vs. 4.6; p = .009). Guidelines for lobbying that emerged from the data are included. The author argues that nursing knowledge should play a vital role in public policy and that nurses need to broaden their efforts beyond professional issues to the larger issues that influence a healthy human society.

Asthma↗

State legislative staff influence in health policy making.

State legislative staff may influence health policy by gathering intelligence, setting the agenda, and shaping the legislative proposals. But they may also be stymied in their roles by such institutional constraints as hiring practices and by turnover in committee leadership in the legislature. The intervening variable of trust between legislators and their support staff is also key to understanding influence and helps explain how staff-legislator relationships play an important role in designing state health policy. This study of legislative fiscal and health policy committee staff uses data from interviews with key actors in five states to model the factors important in explaining variation in the influence of committee staff on health policy.

Decision Making, Organizational↗

Attitudes of people with disabilities toward physician-assisted suicide legislation: broadening the dialogue.

This article presents the methods, findings, and implications of a participatory action research project that attempted to shed additional light on the debate over death with dignity (DWD) or physician-assisted suicide (PAS) legislation. In-depth, qualitative interviews with forty-five physically disabled residents of the San Francisco Bay Area, conducted by others with disabilities, revealed a wide breadth of opinions about and attitudes toward such legislation. For close to half of the participants, the desire for autonomy in making end-of-life decisions was a primary concern, yet fear that PAS legislation could violate this autonomy in various ways was a deep concern as well. Also reported were widespread accounts of disability-based discrimination and frequent expressions of fear about openly discussing positions that diverge from the official, publicly held opinions of disability leaders who oppose such legislation. The findings support those of a recent Harris poll demonstrating considerable diversity of opinion about PAS legislation among people with disabilities. The findings further suggest the need for additional research on the apparent disjunction between the diversity of attitudes held by those interviewed and the more unified position taken by many disability activists. Use of the study findings to promote greater dialogue within the community and to better position people with disabilities to take their place at the policy table also is discussed. In addition, the findings are seen as reinforcing the need for the public health community to become more engaged in this central ethical debate.

Attitude to Health↗

Living will legislation, nursing home care, and the rejection of artificial nutrition and hydration: an analysis of bedside decision-making in three states.

Although state living will legislation establishing the boundaries of unwanted medical intervention has become almost universal, many states define artificial nutrition and hydration as a basic comfort measure rather than extraordinary intervention. In addition, several states have legislation prohibiting its withholding or withdrawal under any circumstances. Despite the recent growth in public awareness and controversy concerning artificial nutrition and hydration, there is little known about the actual influence of prohibitive legislation on bedside decisions involving its withdrawal. An analysis is undertaken of nursing home decision-making concerning the withdrawal of artificial nutrition and hydration in three states with typical variation in living will legislation specific to its legality. Data from interviews with 140 nursing home directors of nursing service responding to hypothetical case vignettes suggest that living will laws prohibiting the withdrawal of artificial nutrition and hydration have little influence over bedside decision-making in nursing homes. Factors found to be determinate of the likelihood of the withdrawal of artificial nutrition and hydration include the competency of the nursing home resident and form of nursing home ownership. State context exerts a significant influence over the likelihood of artificial nutrition and hydration withdrawal, but not in a direction consistent with language of living will legislation.

Decision Making, Organizational↗

Immutability, science, and legislative debate over gay, lesbian and bisexual rights.

Many gay rights advocates argued in the 1990s that scientific research claiming that sexual orientation is immutable should contribute to gaining civil rights for gays, lesbians and bisexuals. This paper analyzes ten legislative debates that took place at the local, state and federal levels over whether to adopt antidiscrimination laws, before and after the research was published. We hypothesize that if the research has had the impacts hoped for by gay rights supporters, then debates over gay rights should reflect certain changes consistent with such impacts. Although discussion of the origins of sexual orientation among legislators rose in the aftermath of the studies, we fail to find that the science had a major impact on the debate strategies pursued by either pro- or antigay rights legislators. Whether sexual orientation is immutable or a choice has not been a central claim of the two sides in the debate. Gay rights opponents even appear somewhat more willing to assert that sexual orientation is a choice after the studies than before. Furthermore, when the proponents of gay rights assert the immutability argument, they are as likely as not to invoke the cultural authority of science. We explain these outcomes by showing why the immutability issue is not of central relevance to most legislators or necessary for either side's key arguments. We also show that the scientific evidence merely supplemented a large amount of anecdotal information that legislators already possessed that spoke to the origins of sexual orientation.

Bisexuality↗

Counseling about firearms: proposed legislation is a threat to physicians and their patients.

In early 2006, 2 separate but virtually identical bills were introduced in the Virginia and West Virginia legislatures that would have profoundly affected the relationship between a physician and his or her patients. Each bill would have prohibited a physician from asking a patient if he or she owned firearms for the purpose of counseling that patient about ways to reduce risks associated with firearms. Penalties for violation of the bills included revocation of a physician's license to practice. The Virginia bill was initially approved by its state House of Delegates by a vote of 88 to 11. It was ultimately defeated in a Virginia Senate committee. The West Virginia bill did not receive a vote during the 2006 legislative session. Although neither bill became law this year, this type of bill is likely to reappear in future legislative sessions. The Virginia and West Virginia bills were contrary to the best-practices recommendations of medical societies, including the American Academy of Pediatrics. Anticipatory guidance regarding firearms can indeed reduce risks to patients. Yet, the bills would have preferred the judgment of legislators over physicians regarding this aspect of the practice of medicine. In addition, the 2 bills raise legal issues regarding both medical malpractice and the First Amendment protection of the freedom of speech. The Virginia and West Virginia bills would have treated risks associated with firearms differently from other hazards and interfered with a physician's ability to protect his or her patients. The Virginia bill was defeated, in part, through the efforts of physicians to educate legislators. However, physicians must remain prepared to respond to similar state legislative initiatives in the future.

Counseling↗

[Legislation on smoking at workplace and in public places in Europe].

This study was conducted through contacts with key health authorities, complemented with other key providers of information and the consultation of the International Healthcare Legislation Repertory. A description is provided of the current characteristics of the legislation on smoking at the workplace in the fifteen European Union (EU) Member States., as well as in other European countries such as Hungary, Iceland, Norway, Poland, Rumania and Switzerland. A review is also provided of the court cases which have taken place based upon this legislation with regard to smoking at the workplace in these countries. Legislation is a crucial part of any strategy for controlling smoking. Without legislation, no action against exposure to tobacco smoke-polluted air will be effective. However, a law does not suffice in itself and will solely be effective if supported by public opinion.

Europe↗

The impact of firearm control legislation on suicide in Queensland: preliminary findings.

OBJECTIVE: To examine the effect of specific firearm control legislation on firearm and overall suicide rates. DESIGN: Retrospective survey of data from the Register of the Suicide Research and Prevention Program, Queensland Department of Health. The hypothesis was tested that the legislation would reduce firearm and overall suicides more in metropolitan and provincial city areas than in rural areas, where firearm ownership is higher. SETTING: State of Queensland 1990-1993. OUTCOME MEASURES: Suicide rates by age, sex and method for metropolitan, provincial city and rural areas in the two years before (1990-1991) and after (1992-1993) legislation. RESULTS: Mean annual firearm suicide rates declined significantly (P < 0.05) in metropolitan and provincial city areas after legislation (from 3.6 to 2.3 per 100,000 and from 5.2 to 3.1 per 100,000, respectively), with significant declines among men and in the 15-29 years age group. Rates increased slightly in rural areas (from 7.2 to 8.2 per 100,000). Overall suicide rates declined in provincial areas only, with minimal change in metropolitan areas and a slight rise in rural areas. CONCLUSION: These results provide preliminary evidence that firearm control legislation, including a 28-day "cooling-off" period before firearm purchase, reduces suicide rates, especially among younger adult men.

Adolescent↗

Support for tobacco control policies: how congruent are the attitudes of legislators and the public?

OBJECTIVES: To examine the congruence in perceptions and attitudes of legislators and the public regarding tobacco and tobacco control policies. METHODS: Two cross-sectional surveys were used, one of elected federal and provincial legislators and one of adult residents in Ontario, Canada. Perceptions and attitudes were analyzed as dependent variables using multiple logistic regression, and adjusted for age, sex, educational attainment, and smoking status. FINDINGS: Congruence was found in most instances, however, some differences were found. Legislators were more likely than the public to agree that most smokers are addicted and were more supportive of a smoking ban in workplaces, but these differences disappeared after controlling for socio-demographic characteristics. Legislators were also more aware than the public of the magnitude of deaths due to tobacco compared to alcohol, whereas the public was more supportive of strong penalties against stores that sell cigarettes to minors. CONCLUSIONS: Our findings provide considerable evidence for congruence in the "real-world" (unadjusted) perceptions and attitudes of Ontario legislators and the Ontario public toward tobacco control policies. Such findings are positive for tobacco control advocates and should be leveraged to bring forward strong tobacco policies in the political arena.

Adult↗

Legislation for Ukraine's public health: the current situation and paths to further development.

The paper contains the findings of an analytical study of the current national health care legislation of Ukraine and identification of priority areas in its further development. One of the key objectives of the above study was to identify the compliance of the national healthcare legal framework with the approaches to health policy formation, which are set out in the documents of global and European regional international organizations, and to assess whether the national legislation includes that spectrum of functions that are to be covered by the health care legislation. The analysis showed that Ukraine's national healthcare legislation is rather strong and well developed. Though the national healthcare legislation is mostly in line with international approaches to the state health care policy formulation, the issue of enforcing already adopted laws and by-laws and ensuring their compliance by all legally established bodies, including state authorities and self-governments, citizens, NGOs, etc, is problematic.

Delivery of Health Care↗

[Attitudes towards active euthanasia and its legislation in Spain].

BACKGROUND: The present forms of carrying out public health care have lead to probably more effective medicine but which at the same time has led to greater risks in violating patients' rights and welfare. At present, a series of arguments are been debated for soliciting the legalization of euthanasia as a form of avoiding possible abuses. Thus, the opinions and attitudes concerning legislation for active euthanasia in terminally ill patients were herein investigated. METHODS: An anonymous survey was elaborated in which 1,109 subjects from three sectors of the population participated: a) hospital personnel (doctors n = 346 and nurses n = 346) of the University Hospital San Carlos in Madrid, b) students (n = 261) of the University Complutense of Madrid, and c) retired people (n = 156) in an old age residence in the province of Madrid (Pinto). The sample was made up of a total of 446 males and 657 females with ages of between 20 and 90 years. RESULTS: Most of those surveyed were in agreement in determined circumstances or totally in agreement with legislation for active euthanasia in terminally ill patients (63%). With respect to acceptation to the practice of legislation for active euthanasia 63% were in agreement in determined circumstances or totally in agreement. Significant differences were found (p less than 0.05) in relation to age, sex, marital status, religion and political ideology of the subjects. CONCLUSIONS: Although the results found in this study concerning the opinions and attitudes on legislation for active euthanasia in terminally ill patients coincided when compared with other existing studies with respect to acceptation for legislation, a less favorable tendency to the same was evident.

Adult↗

Advance directives: keeping up with changing legislation.

1. All 50 states and the District of Columbia have advance directive legislation in place; however, the legislation varies greatly from state to state. Nurses, therefore, must constantly update their knowledge in order to stay current. 2. There are two significant new developments in right-to-die legislation: surrogate/family decision making, which allows close family members or friends to make treatment decisions for a patient who has not executed an advance directive; and nonhospital orders not to administer cardiopulmonary resuscitation, which ensure that death is not unnecessarily prolonged by emergency service personnel. 3. To provide the optimum protection of its citizens' right to die, each state should have all forms of advance directive legislation: living will, durable power of attorney for health care, surrogate/family decision making, and nonhospital order not to resuscitate. Even if all this legislation were to be passed, however, there would still be significant gaps in coverage.

Advance Directives↗

Parental attitudes toward legislation for helmet use by child cyclists.

A random-digit dialing telephone survey was conducted in the second half of 1991 to examine parental attitudes toward legislation of helmet use by child cyclists. The surveyed population were 703 parents of at least one child aged 5-17 years who owned a bicycle and lived within Metropolitan Toronto. Five hundred sixty-eight (80.8%) responding parents were in favour of the suggested legislation, 81 (11.5%) were against, and 54 (7.7%) had no opinion on the issue. The 95% confidence interval for the support rate was 78.9-83.7%. Although there was some variation in the level of support, at least two thirds of the respondents in every subgroup, except parents with teenaged children (aged 15-17 years), were in favour of the legislation. Legislation requiring bicycle helmet use by all children has strong support from the public. Additional surveys should be directed at public attitudes to legislation of helmet use by adults.

Adolescent↗

Proposed federal legislation jeopardizes patient privacy.

In the last year there has been a move to enact federal legislation concerning private health-care information. This move has been fueled by a growing trend toward the computerization and electronic transmission of health-care information. These advances in technology call for appropriate new protections of patients' privacy. Unfortunately, the proposed legislation has not received adequate attention in the medical community. Physicians and patients in general are not aware of the legislation and have not been engaged in shaping its contents. In its current form, the legislation would seriously undermine traditional protections of confidentiality that are ensured by physicians. The flaws of the proposed legislation are examined in this article.

Computer Security↗

Legislative approaches to the regulation of the chiropractic profession.

Traditional and complementary health care services have a growing and significant role in both developed and developing countries. In the United Kingdom the British Medical Association (BMA) has identified five complementary approaches to health care that should now be regarded as "discrete clinical disciplines" because they have "established foundations of training and have the potential for greatest use alongside orthodox medical care". These are acupuncture, chiropractic, herbalism, homeopathy and osteopathy. The BMA recommended that there should be legislation to regulate these disciplines and the Chiropractors' Act enacted in the U.K in 1994. The chiropractic profession was founded in the United States in 1895, and the practice of chiropractic has been regulated in the United States and Canada since the 1920s, in Australia since the late 1940s, in New Zealand and South Africa since the 1960s, and more recently in Asia, Europe, Latin America and elsewhere. Figure 1 lists the countries which currently recognize and regulate the chiropractic profession. Many countries, such as Japan with approximately 10,000 chiropractors with different levels of education, and Trinidad & Tobago with 5 chiropractors who are graduates of accredited chiropractic colleges in North America, are considering legislation. Croatia, with 3 chiropractors, is preparing legislation. Cyprus, with 6 chiropractors, has legislation. Even in countries such as these, where the profession is small, there are compelling public interest arguments for regulation. This is especially true in the 1990s. One reason is the growing incentive for lay healers and others without formal training to use the title "chiropractor" as chiropractic practice gains increasing acceptance. The majority of chiropractic practice involves patients with non- specific or mechanical back and neck pain. The chiropractic approach to management, which includes spinal adjustment or manipulation, other physical treatments, postural advice, rehabilitative exercises and early return to activities, formally only had empirical evidence of success. Now there is firm scientific support. Recent national, evidence- based, multi-disciplinary guidelines in Canada (neck pain), the United Kingdom (back pain), and the United States (back pain) support these methods as a first line of management for most patients. Another reason for regulation is that international standards of chiropractic education and scope of practice have been established by appropriate chiropractic organizations, including the World Federation of Chiropractic which represents national associations of chiropractors in 63 countries. This paper now reviews current legislation worldwide.

Back Pain↗

[American and European legislation on bioethics evaluation of clinical experimentation].

This paper describes the existing legislation for evaluating the bioethics of clinical trials (drug studies conducted on humans after completion of drug testing on animals). The legislation is presented in chronologic order; thus that of the United States is presented first, followed by a description of the European Union legislation, which includes a brief comment on Italian legislation. The rationale for informed consent and the specific requirements are addressed. Ethical committees are discussed in terms of their membership, responsibilities, and methods of revision. The paper concludes with a comparison between the USA and the European Union legislations.

Bioethics↗