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"The paper examines the impact of the introduction of no-fault divorce legislation in Australia. The approach used is rather novel, a hazard model of the divorce rate is estimated with the role of legislation captured via a time-varying covariate. The paper concludes that contrary to U.S. empirical evidence, no-fault divorce legislation appears to have had a positive impact upon the divorce rate in Australia."
The author analyses the E.U. legislative policies related to transgenic products from the 80s until nowadays, she stops in Directive 2001/18/Ce and its conversion into national law. She explains how the regulatory frame is after the recent approval of the newest rules about tracking and labelling genetically modified organisms (OMG). She also studies communitary jurisprudence about this subject according to the legislation, concretely sentence 9 September 2003 in the affair C-236/01 about commercialisation of two lines of transgenic corn. Finally she points out how legislative policies have influenced the creation and development of biotechnological enterprises.
An International Code of Marketing of Breast-Milk Substitutes was passed by the World Health Assembly in 1981. Papua New Guinea had already introduced legislation to control feeding bottles in 1977. This legislation has been effective in reducing bottle feeding, severe malnutrition and diarrhoeal diseases and deaths amongst infants in Port Moresby. Several favourable conditions in Papua New Guinea have allowed the legislation to be successful, but constant vigilance is necessary to maintain the present success.
In the Quinlan decision, a state supreme court authorized removal of a respirator from a person in a chronic vegetative state provided that the attending physicians and an "ethics committee" agreed there was no reasonable possibility of her regaining cognition or sapience. While the decision involves an unusual factual situation and poses some troublesome technical and doctrinal problems, it underscores the need for formal legal standards to guide physicians and families of severely brain-damaged patients. Legislation seems preferable to a series of court decisions. The legislative process allows the public to express views on controversial ethical and religious questions. It also permits extensive deliberations about medical and scientific data relating to brain damage and its prognosis. Legislative alternatives include expanding the concept of brain death, redefining homicide, allocating to physicians and families legally unreviewable discretion to decide on levels of care, mandating procedures for implementing a desired reduction of care, and approving the use of a "living will" as a means of requiring physicians to withdraw or withhold treatment.
This paper describes the history of mammography quality assurance legislation in Michigan, the first of its kind in the nation. It discusses the collaboration of multiple organizations in the legislative process as well as in the implementation of it. It describes the effect of the legislation on the quality of mammography throughout the state and summarizes the lessons learned from the process, especially as they apply to the implementation of the Mammography Quality Standards Act at the national level.
Federal, cantonal and communal legislation in Switzerland suffers from incompleteness and other deficiencies in spite of a multitude of regulations concerning air management. The future legislation on environment will have to fill in the gaps as far as possible and to eliminate these deficiencies. The legislation in preparation will be based on a modern concept and should make it possible to act in a preventive way in environmental policy as well as in air management. The choice of the instruments to be used will be based not only on availability but in the first place on effectiveness and practical possibilities of execution. Priority is to be given to the reduction of emissions. In order to deal with the problems of air pollution, it has been suggested to classify these problems according to global, national:regional and local significance. As it is not possible to solve all problems in this field in a couple of years, we need to set priorities. These will have to be attributed not only according to the actual necessity for action but also according to the state of progress of current studies.
Following the repeal of the North Dakota mandatory motorcycle helmet law in 1977, the State Highway and Health Departments initiated a study to examine the impact of the change on driver safety. Motorcycle crash data gathered by the State Highway Patrol and other law enforcement agencies was augmented by death and injury reports submitted to the State Health Department by medical care providers. The combined data set produced 2934 crashes, 2162 traumatized victims, 3718 injuries and 53 deaths between January 1977 and December 1980. Reporting from medical providers increased the volume of crash reports, improved the reliability of the highway data and added an unrecognized population of victims to the data base. In spite of the clear indication that injuries and deaths had increased among motorcycle users who rode without helmet protection, legislative passage of a mandatory helmet law in either the 1979 or the 1981 North Dakota legislative session failed. The reasons behind the legislative rejection of efforts to improve highway safety are examined. The forces that affect politics are reviewed.
A brief account is given of the history of the legislative acts that give responsibility to the U.S. Food and Drug Administration (FDA) for ensuring the safety of foods, drugs, and cosmetics. Within the present legislative framework the FDA has the authority to impose regulations which are designed to ensure the safety of all foods, drugs, and cosmetics. The existing legislative authority is adequate for this purpose; however, the difficulty lies instead with technology and the inadequacy of scientific perspective in the emerging area of mutagenicity testing. Earlier efforts in development of mutagenicity screening systems culminated only a few years ago in the proposal to use the host-mediated assay, somatic cell cytogenetics, and dominant lethal tests collectively. Subsequent research efforts indicated that there were serious practical and scientific deficiencies in using this approach. More recently a new proposal, the tier system, has been suggested as an alternative measure. The proposed tier system at FDA consists of three testing levels of increasing complexity. The first tier is an initial screening effort using techniques having maximum sensitivity that are also useful for large-scale, rapid testing. The second tier is designed to identify and confirm that the presumptive mutagens detected in the first tier are truly mutagenic for higher organisms, most especially, for mammals. The third tier would be devoted to explicit genetic tests in mammals designed to ascertain the imposed risk to man by the introduction of a mutagen in our environment. The FDA is currently involved in a number of research activities in the area of mutagenicity safety screening which will explore the adequacies and possible deficiencies of the tier system approach. These efforts are described for our in-house activities, our contract activities, and our cooperative and collaborative activities with other government agencies and institutions.
The effect of legislative actions taken in 1973 on the prevalence of primary and acquired drug resistance was studied from the records on the Regional Tuberculosis and Chest Diseases Centre in Benghazi during the period June 1971 to August 1976. There were available for analysis 771 culture-positive cases of newly diagnosed pulmonary tuberculosis in Libyan nationals, and 789 cases of both Libyan nationals and others with positive cultures during treatment. The legislative actions included screening of all foreign and local workers for tuberculosis before employment or in the course of employement for those already employed and strict control of the use of antituberculosis drugs, which were not made available to private practitioners, private pharmacies, general dispensaries and general hospitals. The proportion of newly diagnosed cases with resistance to one or more of the 3 drugs streptomycin, isoniazid, PAS (resistance to PAS was negligible, occurring in only 0.7% of the whole series) during the first 3 months of the survey was 16.6%. During the first 9 3-month periods there was a small decrease of 0.15% per quarter. However, after adoption of the antituberculosis measures in mid-1973 the rate of decline accelerated to 0.61% per quarter, a 4-fold increase over the earlier rates (P less than 0.001 for comparison of rates). If the rate of decline observed in the first 9 quarters had continued unchanged the expected proportion resistant at the end of the period would have been 13.5%, compared with the observed proportion of 8.6%. The proportion of patients under treatment from whom resistant cultures were isolated was 33.3% in the first quarter. It remained at about this level until the 14th quarter, approximately a year after the legislation came into force, when the proportion began to decline. By the end of the period it was only 14.7%.
This paper presents the first econometric estimate of the lifesaving benefit of automobile child restraint use legislation. In contrast to previous econometric analyses of traffic safety regulations, modified count data models are employed to account for the rarity of childhood fatalities. Results of the modeling suggest that legislation reduces childhood car-occupant fatalities by 39% for infants, and 30% among toddlers. A simple simulation indicates that such legislation is currently saving the lives of about 160 children per year in the United States.
In this article, we sketch a new approach to law and ethics. The traditional paradigm, exemplified in the debate on liberal moralism, becomes increasingly inadequate. Its basic assumptions are that there are clear moral norms of positive or critical morality, and that making statutory norms is an effective methods to have citizens conform to those norms. However, for many ethical issues that are on the legislative agenda, e.g. with respect to bioethics and anti-discrimination law, the moral norms are controversial, vague or still evolving. Moreover, law proves not to be a very effective instrument. Therefore, we need a new paradigm, both for descriptive and for normative analysis. This interactive paradigm, as a normative position, can be summarised in two theses. The process of legislation on ethical issues should be structured as a process of interaction between the legislature and society, or relevant sectors of society, so that the development of new moral norms and the development of new legal norms may reinforce each other. And legislation on ethical issues should be designed in such a way that it is an effective form of communication which, moreover, facilitates an ongoing moral debate and an ongoing reflection of such issues, because this is the best method to ensure that the practice remains oriented to the ideals and values the law tries to realise.
The present legislation in the Nordic countries for food contact materials is expressed in general terms and contains few detailed requirements. At present Finland is implementing the EEC legislation, Sweden and Norway will probably do so shortly and Denmark has been a member of the EEC since 1973. Current food legislation in Sweden only covers materials or articles intended to come into contact with foodstuffs during processing or packaging in the food industry or by retailers. It does not apply to food packaging materials purchased for use at home or to household utensils. Upon request, the Toxicology Division at the Swedish National Food Administration (NFA) carries out evaluations of materials intended to come into contact with food. In addition, a voluntary organization--Normpack--is currently operating in Sweden. Normpack consists of manufacturers, dealers and users of food packaging materials, who have agreed to abide by certain common standards. In Norway, the Packaging Convention (Emballasjekonvensjonen--on safety of food packaging material from the health point view) serves a similar purpose. Research in this field is conducted at the National Food Agency of Denmark, The Danish Packaging and Transportation Research Institute (ETi) of the Danish Technological Institute (DTI), the Food Research Laboratory at the Technical Research Centre of Finland, MATFORSK, Norconserv and Statoil in Norway and the NFA, PackForsk and the Swedish Institute for Food Research (SIK) in Sweden. Previous studies have concerned plasticizers in PVC (polyvinyl chloride) cling film, overall migration studies on cling film, specific migration of vinyl chloride, styrene and acrylonitrile and off-flavours.(ABSTRACT TRUNCATED AT 250 WORDS)
Successful programs in injury prevention can focus on changing an individual's attitude and behavior or on creating and amending the environment to reduce the likelihood of injury. To investigate the latter approach as it pertains to burn prevention, the American Burn Association Burn Prevention Committee catalogued statewide legislation (as opposted to county or municipal ordinances) in major areas of burn and fire prevention. Burn reporting was generally viewed by state fire marshals as a means to apprehend arsonists or investigate child abuse, as opposed to collect demographic data for injury prevention. Smoke detectors are mandated in new residential construction by the majority of states; however, one in six still leave this to local initiatives. Sprinkler systems have generally not been addressed by state legislation. The committee concludes that pursuing statewide legislative agendas as an area of burn and injury prevention is open to further initiatives.
Drug product selection legislation is intended to achieve savings in the cost of prescription drugs without adversely affecting the quality of care by allowing pharmacists the opportunity to dispense less costly generically equivalent drug products in place of the product which had been prescribed by the physician. Various conditions under which the pharmacists are authorized by state laws to exercise theoption to substitute are discussed. The study then identifies and examines the conditions under which savings may and do occur, using the legislation in Michigan as the model. Over 60,000 acutal prescriptions were examined for the three-year period, April 1, 1974 through March 31, 1977--which covers the period of the year immediately before the legislation became effective and the two subsequent years-to determine: 1) the extent to which substitution is possible; 2) potential savings from generic substitution; and 3) very substantial potential cost savings from drug product selection, the actual savings represent only an extremely small proportion of the potential. This principally is due to the fact of the low rate of substitution among eligible prescriptions. Thus, if the gap between actual and potential savings is to be reduced, more attention must be given to affecting the pattern of drug selection among pharmacists.
NP practice autonomy means prescribing medication and treatment based on graduate nursing education and credentials, without physician supervision. NP advancement and optimal professional practice depends on autonomy. NP researchers conducted a study to describe legislative initiatives in states where NPs practice and prescribe autonomously. This article outlines the strategies NPs used to pass autonomy legislation in South Carolina. NPs in other states can use these strategies to pursue autonomy legislation.
A brief overview is given of the legislation in the European Community concerning the classification and labelling, marketing and use, occupational exposure, etc. of carcinogenic agents. This includes data on the regulation of 739 agents which have been evaluated for carcinogenicity by the International Agency for Research on Cancer and/or the European Community. These data have been collected in a computerized data base. Although no comprehensive evaluation of the legislation is attempted, it is suggested that a number of carcinogenic agents still need attention, and that the labelling requirements should be supplemented with more restrictive legislation.
OBJECTIVE: With regard to the workplace, to examine restrictions on smoking, smoking at work, attitudes toward and reactions to restrictions, and workplace programmes in the context of the legislative environment. DESIGN: Population-based telephone interview survey of adult residents of the jurisdictions of Metropolitan Toronto, Ontario, Canada. SUBJECTS: Workers within the City of Toronto (n = 374) were compared with other workers (n = 536), because their legislative environments with regard to workplace smoking were markedly different, with workplaces in the City of Toronto being covered by a much more stringent bylaw. RESULTS: In comparison with other workers, City of Toronto workers reported workplace restrictions to be more common and widespread. These workers were also less likely to smoke at work, and more likely to smoke less at work and to have cut down on smoking at work. Quit-smoking rates, however, were similar. There was evidence of some compensatory smoking outside work, but additional compensation in association with more stringent restrictions was not found. City workers and other workers were similar in their support for smoke-free workplaces, in their attitudes to the role of governments in regulating workplace smoking, and in their perceptions of conflict between smokers and non-smokers. Reports of quit-smoking programmes and educational interventions in the workplace were similarly uncommon, although both groups of workers indicated strong support for the role of business and industry in helping people quit. CONCLUSIONS: Restrictions on smoking and smoking patterns reflected the legislative environment; a more stringent environment was associated with more restrictions and less smoking at work.
The legislative developments regarding the rights of patients in Belgium are described, analysed and discussed. Legislative developments in this field are rather recent and scarce. Up to now overall interest of the legislator has been disappointing. This may be explained by an exaggerated and out-dated confidence in medical professional ethics as an alternative source of regulation.