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PubMed1976

Community mental health center legislation: flight of the phoenix.

The author describes the history and implications of recent legislation affecting community mental health centers. New legislative requirements will result in centers seeing typically underserved populations (children, the elderly, and drug and alcohol abusers) as part of 7 new essential services. The impact of new grant mechanisms and the role of the National Institute of Mental Health in assisting and evaluating centers are examined. The author concludes that as a result of legislative and other trends in mental health care, psychiatrists will be seeing sicker patients for shorter periods, role confusion in the mental health professions will lessen, and centers will be forced to devote much time and effort to financial concerns and appropriate allocation of manpower.

Community Mental Health Services↗
PubMed2000

Regulating dangerous futures: the German Embryo Protection Act of 1990--legislation in risk society.

This article summarises the outcome of a research project which analyses the legislative debate about the German Embryonenschutzgesetz (Embryo Protection Act) in 1990. From 1988 to 1990 the German Parliament discussed legislation for the practice of assisted contraception and embryo research. The term 'risk' is central to the discourse. For Ulrich Beck (1986) this emphasis on risk is a sign of the reflexivity which contemporary western societies have reached. This article reads back into the risk discourse the values hidden in risk terminology: they are identified as fears about modernisation processes. The focus on risk in this article allows observation of late modernity's unease about its own potential and a growing ambiguity about modern ideas of progress and control (Bauman, 1991). This ambiguity also becomes apparent in the strategies of policing which the German legislature offers as solutions to the perceived risks: different legislative strategies are developed to tackle the contradictory risk scenarios. These different strategies of policing are understood as the construction of 'places of safety' in the face of identified dangers: the 'traditional family', the 'good doctor', 'professional' judgement. Defining those boundaries allows the German legislature to juggle contradictory agendas. This explains the inconsistent and fragmented nature of the Embryo Protection Act 1990.

Criminal Law↗
PubMed1987

Protective legislation, ionizing radiation and health: a new appraisal and international survey.

Restrictive regulations ("protective legislation") on employment conditions of female workers limiting maximum hours of work and prohibiting certain toxic exposures have existed for decades. In some countries, such as the United States, Canada and the Nordic countries, the growth of civil rights and equal opportunity legislation has led to their elimination, either in fact or in practice, and only a small number of disparate regulations for male and female workers still exist. Most other industrialized countries, as well as the International Labour Office of the United Nations, still have active restrictive rules for women's employment. However, restrictive regulation is an area of active policy debate around the world. International examples of the debate on protective legislation are given here. A specific case study of the occupational health standards governing exposure to ionizing radiation is used and its technical rationale discussed as an illustration of the basic issues. These include: overbroad categorization of all women as potential childbearers, no matter what their childbearing intentions; failure to recognize the full range of potential adverse health effects to males; disparate application of the restrictive regulations, generally to occupations or areas of employment that are traditionally held by men, while traditional female jobs with the same exposures are excluded from the regulatory restriction.

Adult↗
PubMed1985

Legislated policies and recidivism for driving under the influence of liquor in Massachusetts.

Legislation on driving under the influence of liquor was changed significantly in Massachusetts on 1 December 1975; it permitted courts to continue cases without a finding if defendants were place probation and assigned to driver alcohol education. The effect of the revisions on the incidence of rearrest was assessed. The 3-yr arrest records of 522 individuals arrested for drunken driving 2 yr before the changes (1973) were compared with 716 and 690 offenders arrested 1 (1976) and 2 (1977) yr post-law modification. Sample participants were selected randomly. The legislation strongly affected court dispositions. Over 70% of the 1976-1977 cases were continued without findings and more offenders were sanctioned. The proportion found not guilty dropped from 1973 to 1976-1977. Absolute rearrest rates were similar for each cohort. Probability of arrest, however, rose substantially between 1973 and 1980. Relative to the increased arrest rate, there was a significant decline in rearrests 2 and 3 yr after a drunken driving arrest during the post-law period. The legislation apparently contributed to an amelioration of the drunken driving problem by encouraging judicial reforms and educational interventions.

Accidents, Traffic↗
PubMedDate not supplied

[Incorporation of the Hazard Analysis and Critical Control Point system (HACCP) in food legislation].

The Hazard Analysis and Critical Control Point system (HACCP), recommended by different international organizations as the Codex Alimentarius Commission, the World Trade Organization (WTO), the International Office of Epizootics (OIE) and the International Convention for Vegetables Protection (ICPV) amongst others, contributes to ensuring the innocuity of food along the agro-alimentary chain and requires of Good Manufacturing Practices (GMP) for its implementation, GMP's which are legislated in most countries. Since 1997, Colombia has set rules and legislation for application of HACCP system in agreement with international standards. This paper discusses the potential and difficulties of the legislation enforcement and suggests some policy implications towards food safety.

Colombia↗
PubMed1996

National legislation in Great Britain for the control of fish diseases.

The Diseases of Fish Act 1937 of Great Britain is almost certainly the longest-standing example of national legislation specifically devised to control fish diseases. It was introduced in response to several outbreaks of furunculosis disease in wild salmon and other fish species in the rivers of England, Wales and Scotland, which were attributed to the importation of infected live rainbow trout from Germany. The Act totally prohibited the importation of live salmonids into Great Britain, and made it illegal to import salmonid ova and all live freshwater fish species without a licence. The Act also provided powers for authorised persons to enter onto any land to confiscate any fish, ova, foodstuff or articles suspected to have been illegally imported into Great Britain. Moreover, the Act enabled any disease to be designated as 'notifiable', meaning that even the suspicion of its presence in any waters must be reported to the official services. This legislation was eventually amended and extended by the Diseases of Fish Act 1983 to make it a legal requirement for all fish-farming businesses to become registered with the official services, and to maintain records of the movement of fish and fish ova into and from their sites. In 1986, additional powers were introduced under the Animal Health Act 1981 to limit the importation of dead, ungutted salmonid fish. In 1993, the legislation was amended to remove any legal conflict with European Economic Community Council Directive 91/67/EEC. In addition, the Diseases of Fish (Control) Regulations have since been passed so that new European Union rules for the control of infectious salmon anaemia, viral haemorrhagic septicaemia and infectious haematopoietic necrosis may be enforced nationally.

Animals↗
PubMed1975

Legislation to regulate medical devices.

The history of medical device regulation began with the need to rid the marketplace of bogus inventions which were either harmful in themselves or harmful because they delayed meaningful treatment of illness. Since World War II, sophistication in medical technology and development of electronic and other types of medical devices has created a new need for regulation of safety and performance of devices used to cure and mitigate disease in man. The 1938 amendments to the Food, Drug, and Cosmetic Act gave FDA authority over labeling and advertising of devices, enforceable only after devices were marketed. In 1969 a study by an HEW commission documented the need for further legislation. The commission recommended three categories of medical devices: those requiring premarket clearance or scientific review, those for which standards could be established to protect the public, and those which are generally recognized as safe and for which nor standards would be necessary. In 1974 the Senate unanimously approved Senator Kennedy's "Medical Device Amendments of 1973" legislation which fulfills the recommendations of the HEW commission report. The House of Representatives failed to pass their version of the legislation in the 93rd Congress. Senator Kennedy re-introduced the bill in the 94th Congress and it passed the Senate in April 1975. Representative Rogers re-introduced an amended bill. The bill is expected to become law in 1975.

Equipment and Supplies↗
PubMed1981

Understanding drug product selection legislation.

While drug product selection legislation offers many opportunities for consumers to save money and pharmacists to use more professional prerogatives, it is possible that confusion in much of the legislation may create problems for the profession and consumers. Understanding the intent of the legislation may be a key to the pharmacist's decision to practice drug product selection.

Legislation, Drug↗
PubMed1982

Abstracts of state legislated hospital cost-containment programs.

This report summarizes State legislated efforts to control rising hospital costs and the status of these efforts in May 1982. The abstract for each of 17 State programs summarizes key legislative features and operating aspects. The States included in this report are: Arizona, California, Connecticut, Florida, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Virginia, Washington, West Virginia, and Wisconsin, The abstracts focus on programs requiring the disclosure, review, or legislation of hospital rates and budgets.

Budgets↗
PubMed2000

[Female genital mutilation and legislation].

This article deals with the legal aspect concerning female genital mutilations (FGM). Such a practice (a partial excision of the external genitalia) is highly widespread in Central Africa, especially in Ethiopia and Somalia, and currently involves approximately 130,000,000 women worldwide and, in Italy, about 30,000 women amongst the immigrant population. Since 1982 the World Health Organization (WHO), which condemns such a practice as injurious to women's rights and health, proposed that laws and professional codes prohibit it in all countries. Legislation, although insufficient as a sole measure, is considered indispensable for the elimination of FMG. Since a long time some western countries (Sweden, Great Britain, Belgium and Norway), involved by immigration from countries with FGM tradition, legislated with regard to FGM. In Italy, a specific law does not exist; however, FGM are not allowed by the article 5 of the Civil Code. Nevertheless, recently, several cases of mutilations took place: this led some members of the Parliament to introduce a bill in order to specifically forbid FGM. The authors believe that legislation could effectively support the job of prevention and education, which physicians may carry out in order to save little girls from the risk of familial tradition of genital mutilations.

Africa↗
PubMed2001

[Office surgery: legislative, medicolegal and economic aspects].

An analysis of Italian legislation shows that while there are national guide lines (not organic on the subject of day surgery), a more fragmentary situation exists at a regional level (the authors work in Lazio and give details on the specific regional legislation). These differences may engenger confusion or, worse, discretion in their application. It has also been seen that at an international level there are no organic laws, except in rare cases. At both a national and international level, experience has been acquired in this direction, always with positive RESULTS. The authors underline the pre, intra and postoperative role of nurses and the economic aspects are analysed, regarding both the resources needed to create structures and provide maintenance costs, as well as those to cover the cost of individual procedures. In conclusion, the authors affirm that the matter is not clear in statutory terms. In some disciplines and for some types of surgery in suitable areas, day surgery is reliable; it is also economically and psychologically beneficial. The authors hope that the legislation will be harmonised and specific evaluation structures will be set up to monitor the quality of structures and also to authorize them.

Adult↗
PubMed2002

Judicial responses to the protected confidential communications legislation in Australia.

The article examines the background, aims and scope of recent legislation enacted in New South Wales, Victoria and South Australia to protect from disclosure in court of "confidential communications" generated in the context of counselling persons who allege that they were victims of sexual offenses. In drafting the "confidential communications" legislation, the legislators undertook a difficult task of balancing the public interest in therapeutic confidentiality that would encourage victims of sexual assaults to report these offenses and seek psychological and psychiatric care on the one hand, and the public interest in fairness of the trial, which may be prejudiced by exclusion of evidence pertinent to the forensic process on the other. In South Australia this task was fulfilled with greater success than in New South Wales and Victoria.

Australia↗
PubMed1997

Legislating organ donation: problems with this approach.

The number of organs available for transplantation in Canada is insufficient to meet the demand, so many patients die waiting for surgery. Improving the supply of donor organs by enacting legislation is controversial. Three approaches to legislation have been suggested: required request, mandated choice, and presumed consent. Required-request legislation demands that physicians ask all families of potential donors for permission to retrieve organs. Mandated choice requires all adults to register whether they wish to be organ donors. Presumed consent allows the removal of organs without permission if no choice was registered. These laws are aimed at coercion of physicians, patients and families retrospectively, but their relative success and ethics are questionable. Facilitating the organ donation process may be a better solution.

Canada↗
PubMed2003

Food additives used in meat processing according to the Polish and European Union legislation.

This paper presents the legal regulations related to the use of food additives in meat production in Poland and the European Union. The Polish legal definition of food additives is given as well as the classification of permitted food additives added to food and stimulants by their technological function. In addition, a definition of processing aids in the food industry is included. It shows that Polish legislation includes food additives used to ensure or improve food nutritional value, whereas in the EU legislation, these substances are not included in the list of food additives. Moreover, the Council Directives include food additive specific purity criteria, whereas the Polish regulations do not mention the legal regulations of this issue in practice. The European Union use mechanisms and procedures for the introduction of new food additives into internal markets as well as controlling the circulation of additives. The Polish legislation in practice, however, does not determine approval or methods for the introduction of new food additives to the market. Legal regulations on the monitoring of food additives no exist.

Animals↗
PubMed1991

[Evaluation of health legislation within the context of the goals and strategies for "Health for All by the Year 2000" in Bosnia and Herzegovina].

In this paper significant changes have been presented concerning to the health legislation of Bosnia and Herzegovina in the period from 1970 till today. These changes could have had an effect on the changes in the health system as well as in the health status of the population. This is all aimed at achieving strategy and targets for Health for All by the year 2000. Certain systematic solutions for achieving strategy and targets exist in the health legislation of Bosnia and Herzegovina (Law on health care the 1986), but they are set without clear content and holders of office. We could notice the absence of legislative support for resolving group of targets 13-17 and partially 32-38.

Bosnia and Herzegovina↗
PubMed1992

[Cooperation of veterinarians in legislation in the area of environmental hygiene (Germany and the European Economic Community)].

After a brief exposition of the tasks about the protection against chemical, physical, and biological environmental risks, a demonstration will be given according to deliberations of our law system about the possibilities for veterinarians to cooperate in the legislative branches. A detailed examination on former activities in the fields of pollution and the food-chain are to serve as a model for the future legislative process in Germany with the intention to strive for a harmonization of the in parts independently developed legislative branches. The external harmonization, a long-term objective, is to be found in the form of an uniform environmental law. Veterinarians take a great interest to work in advance for this uniform law in the way they bring new perspectives by cooperating in the fields of environmental hygiene and toxicology for the protection of the environmental media, of species and the food-chain. In conclusion one finds a brief documentation about the impact of the adaptation of law and the process on the EC-level.

Environmental Health↗
PubMed1988

Affiliated state chapter experience with a professional lobbyist for pharmacy legislative activities.

The experiences of the New Jersey Society of Hospital Pharmacists (NJSHP) with a professional lobbyist are described. NJSHP hired a part-time lobbyist in 1985 for direct lobbying services, legislative monitoring, and public relations duties. Accomplishments of the lobbyist include reappointment of a hospital pharmacist to the state board of pharmacy, formation of a political action committee, development of a specific political action plan, and creation of position statements. Future goals include sponsoring legislative breakfasts featuring key state legislators and establishing an official state Hospital Pharmacists Day. The experiences of NJSHP with a professional lobbyist have been positive.

Costs and Cost Analysis↗