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PubMed2002

Achieving river integrity through natural resource management and integrated catchment management legislative frameworks.

This paper reports on a project which further refines a model legislative framework first identified in a Land and Water Australia project in 1999. This framework is benchmarked against legislative excerpts from within Australian jurisdictions, as well as the major policy initiatives of the Council of Australian Governments (COAG) water reform agenda, the Commonwealth's National Action Plan on Salinity and Water Quality, and others. The model framework has been heavily influenced by current thinking on ecological systems, good governance, and organisational management. Another important product of the report is a statement of model statutory objectives and principles, suitable for use in water resource legislation.

Australia↗
PubMed2002

GPs' compliance with health and safety legislation and their occupational health needs in one London health authority.

This survey assessed general practitioners' (GPs') knowledge of and compliance with, health and safety legislation and occupational health guidance in one London health authority. The response rate was 85%. Although the majority of practices were aware of the most important piece of legislation--The Management of Health and Safety at Work Regulations, 1992--less than one in ten practices had carried out the required systematic risk assessments. Compliance with other health and safety legislation and related employment issues was also poor. The health of GPs and their staff may be at risk and these general practices may be vulnerable to prosecution by the Health and Safety Executive.

Cross-Sectional Studies↗
PubMed2003

Highlights from the Hill: AAO-HNS legislative briefing day on Capitol Hill: a nursing perspective.

It is a well-known fact that to promote an issue in the political arena, a coalition or group of people desiring the same thing has more power than a single entity. I have seen the results in my home state of Texas when the Nursing Legislative Coalition of which the Society of Otorhinolaryngology-Head and Neck Nurses (SOHN) is a member, the Texas Hospital Association, and the Texas Medical Association all work together to pass legislation. As Chair of the Government Relations Committee (GRC), it was with this in mind that I requested to attend the American Academy of Otolaryngology-Head and Neck Surgery (AAO-HNS) Legislative Briefing Day in Washington, D.C. on March 11, 2003. Executive Director Sandra Schwartz and President Linda Miller Calandra were also in attendance. This article provides an overview and personal perspectives of this event.

Health Policy↗
PubMed2003

Recent developments in privacy legislation.

In this article, Ruth Carey takes a critical look at recent privacy-of-personal-information legislation drafted in three Canadian provinces--Ontario, Alberta, and British Columbia. The article begins with a historical overview of international legal instruments and other privacy guidelines, and the Canadian experience with privacy protection. It then critically analyzes the provincial initiatives in the context of the federal Personal Information Protection and and Electronic Documents Act and accepted privacy principles. The article goes on to highlight certain types of legislative provisions of particular interest to people with HIV/AIDS and those who advocate on their behalf. It concludes that the numerous legislative initiatives underway in Canada provide an opportunity to alter the public discourse around the virus, thereby improving the lives of people with HIV/AIDS.

Canada↗
PubMed1992

State legislative efforts to regulate use and potential misuse of genetic information.

The purpose of this study was to review existing and proposed legislation specifically intended to regulate the collection, use, and potential misuse of genetic data. The study encompasses laws relating to confidentiality, informed consent, discrimination, and related issues. It excludes from consideration legislation relating to medical records generally that may bear indirectly on genetic information. It also excludes both legislation relating to the regulation of DNA data collection for law enforcement purposes and state laws relating to the confidentiality of data collected by newborn-screening programs. While relatively few laws that explicitly regulate the treatment of genetic information have been enacted to date, a considerable amount of activity is currently underway in the nation's legislatures. Although most of the bills under consideration are not comprehensive in scope, they reflect a growing societal awareness that the uncontrolled dissemination and use of genetic data entails significant risks.

Confidentiality↗
PubMed2003

Sex offender treatment and legislation.

The current issue of the Journal contains three articles related to sex offenders. The first, by Scott and Holmberg, discusses legislation that mandates either "chemical or surgical castration." The second, by Saleh and Guidry, reviews diagnostic and treatment considerations. The third, by Scott and Gerbasi, discusses sex offender registration and community notification. Much of the relevant sex offender legislation, including that pertaining to testosterone-lowering treatments, has been enacted in response to intense public passion. When it comes to the issue of sex offenders, there is a pressing need to develop a coherent body of evidence-based forensic concepts and knowledge that can rationally inform both clinical practice and future public policy. That may require a closer collaboration between both the criminal justice and legislative sectors, and the scientific-medical communities. The three papers published in this issue provide useful information that may assist toward such a goal.

Androgen Antagonists↗
PubMedDate not supplied

The influence of motor vehicle legislation on injury claim incidence.

BACKGROUND: Although there have been numerous strategies to prevent motor vehicle collisions and their subsequent injuries, few have been effective in preventing motor vehicle injury claims. In this paper, we examine the role of legislation and compensation system in altering injury claim incidence. METHODS: The population base for our natural experiment was all Saskatchewan, Manitoba, British Columbia and Quebec residents who submitted personal injury claims to their respective motor vehicle insurance provider from 1990 to 1999. The provinces of Saskatchewan and Manitoba switched from Tort to pure No-Fault insurance on January 1, 1995 and on March 1, 1994 respectively. British Columbia maintained tort insurance and Quebec maintained pure no-fault insurance throughout the entire 10-year period. RESULTS: The conversion from tort insurance to pure no-fault motor vehicle insurance resulted in a five-year 31% (RR = 0.69; 95% CI 0.68-0.70) reduction in total injury claims per 100,000 residents in Saskatchewan and a five-year 43% (RR = 0.57; 95% CI 0.56-0.58) reduction in Manitoba. At the same time, the province of British Columbia retained tort insurance and had a five-year 5% reduction (RR = 0.95; 95% CI 0.94-0.99). Quebec, which retained pure no-fault throughout the entire 10-year period, had less than one third of the injury claims per 100,000 residents than the tort province of British Columbia. INTERPRETATION: The conversion from tort to pure no-fault legislation has a large influence in reducing motor vehicle injury claim incidence in Canada. Legislative system and injury compensation scheme have an observable impact on injury claim incidence and can therefore have significant impact on the health care system.

Accidents, Traffic↗
PubMed2005

[Epilepsy and road legislation].

As regards road safety, the doctors have the duty to inform their patients on the affections incompatible, transitorily or in a final way, with control of a vehicle. In the majority of the countries, the very large majority of the epileptics is not in rule with respect to this legislation with regard to the private cars. Moreover, the legislation is too restrictive for the drivers of group 2. After having begun again the conditions for application of the French and European current legislation, the authors specifie the later upgrading capabilities relating to the epilepsy.

Automobile Driving↗
PubMed1992

[The importance of applied ethology for the execution of animal welfare legislation].

Applied ethology in general and farm animal ethology in particular have a great importance in connection with animal welfare regulations on a national and international level. They have through the legislation on animal welfare brought about important repercussions on housing of farm animals, wild animals and experimental animals in Switzerland. The animal welfare legislation has been a considerable boost to scientific research. The application of ethological knowledge in the legislation and in practice has indeed also its limits. The importance of applied ethology for animal welfare and for animal husbandry will still increase in future.

Animal Husbandry↗
PubMed2006

Employment legislation. Rewriting the rulebook.

NHS organisation will have to be on their toes to keep abreast of a raft of recent and forthcoming changes to employment law and discrimination legislation. The legislation most affecting NHS middle managers will be implementation of the Age Discrimination Act and amendments to the Disability Discrimination Act. The CIPD has produced guidelines to help trusts cope with new legislation.

Coercion↗
PubMed2006

Animal welfare and protection during transport: the current legislative framework in European Union.

The Protocol on the protection and welfare of animals annexed to the Amsterdam Treaty (1997) establishing the European Community requires that in formulating and implementing agriculture and transport policies, the Community and the Member States shall pay full regard to the welfare requirements of animals. In the field of animal welfare, transport has been, and still is today, cause of much controversy. Council Directive 91/628/EEC, amended by Directive 95/29/EC, constitutes the current Community legislative framework. In the light of experience gained under Directive 91/628/EEC at harmonising Community legislation on the transport of animals, and the difficulties encountered due to the diverse transposition of that Directive at national level, it was more appropriate to set out Community rules in this field in a regulation. In fact Council Regulations (EC) no. 97/1255, no 98/411 and no. 2005/1 were adopted subsequently to provide more detailed rules. This paper is aimed to review the current EU legislation affecting the animal transport.

Animal Welfare↗
PubMed1991

Breath alcohol legislation in The Netherlands.

In October 1987 the legislation on driving under the influence of alcohol has been changed thoroughly in The Netherlands. From that date breath analysis was introduced to obtain legal evidence for prosecuting drunken drivers. For financial and logistic reasons a transitional period of two years was allowed which means that from October 1989 breath analysis was completely introduced. One of the features of this legislation is that the suspect has no choice between breath--or blood analyses. The blood test will only be used if there is a technical or medical reason which prevents that a breath sample is collected. The legal limit is set at 220 micrograms/litre, which is equivalent to the Dutch blood alcohol limit of 0.5 mg/ml at a assumed blood/breath ratio of 2300. The features of the legislation are described; the technical requirements are stressed.

Accidents, Traffic↗
PubMed1990

A survey of the social, legal, historical and 'psycho-babble' factors leading to sex offenders legislation in the areas of British common law heritage.

This survey covers the socio-economic and religious factors which influenced the development of the law in regard to sexual offenders in the Common Law traditions of Britain and North America. This overview shows that, in the 20th Century, ideas of psychology and psychiatry have led to perceptions (often mis-perceptions) on the part of legislators as to the implications of new knowledge and theories in regard to the formulation of legislation. This paper concludes with some recent work indicating that theories about the homogeneity and distinctiveness of different types of sexual offenders - which resulted in the evolution of legislation to its present form - might well now be considered obsolete. A brief indication of current correctional strategies and their limitations is given.

Female↗
PubMed1990

Proposed legislation would blunt area wage index changes.

Legislation introduced in Congress will blunt the dramatic changes in Medicare payments to hospitals resulting from the area wage index update. The legislation calls for the new index values to be phased in over the next two years instead of taking full effect on Oct. 1. However, the legislation will not alter the fact that hospitals in some market areas will be big winners, while those in other areas will be big losers.

Abstracting and Indexing↗
PubMed1990

[Increased use of resources at psychiatric departments after the introduction of legislation on limitation of liberty and other forms of restriction in psychiatry. A prospective 3-month study].

The Danish legislation on restriction of liberty and other forms of compulsion in psychiatry was introduced on 1.10.1989. This legislation has involved an increased workload for psychiatric departments. A prospective investigation during a period of three months in an acute closed admission department in Frederiksberg Hospital revealed, as minimum figures, increased weekly working time for the caring staff of 28 1/2 hours, for doctors 6 1/4 hours and one hour for secretaries. In addition, the department registered an increased bed-day employment resulting from the new legislation. As the department has not received any new resources of note, this time must be taken from the time available for therapeutic work for all of the patients. Unless new resources are awarded to psychiatry, it is to be feared that the general psychiatric service will deteriorate.

Commitment of Persons with Psychiatric Disorders↗
PubMed1989

[A check list for monitoring facilities within the scope of federal legislation for the prevention of blood contact infections].

Federal German Land legislation on the prevention of blood contact infections (legislation on hygiene) now also enforced in the Rhineland-palatinate (Rheinland-Pfalz) deals with relevant hygienic prerequisities for instalations and equipment that can be involved in spreading diseases which can be transmitted by blood. This legislation, however, does not apply to medical and dental practices and consulting rooms as far as the Rhineland-Palatinate is concerned. A check list is presented which can be used for controlling the relevant equipment and installations.

Acquired Immunodeficiency Syndrome↗
PubMed1983

Social Security Amendments of 1983: legislative history and summary of provisions.

This article traces the legislative history of the new law from the report, on January 20, 1983, of the recommendations of the National Commission on Social Security Reform (which formed the basis of this legislation) to enactment, on April 20, 1983, of Public Law 98-21. It also analyzes the provisions of Public Law 98-21, which, among other things, delay the annual cost-of-living adjustments in benefits from July to January of each each year, make up to one-half of the benefits received by higher-income beneficiaries subject to income taxes, gradually raise the retirement age early in the next century, call for the earlier implementation of schedule payroll tax increases, and put new Federal employees under the Social Security program. The legislation also establishes a new system of prospective payment for hospital services under Medicare and extends supplementary unemployment compensation benefits that otherwise would have expired in March 1983.

Costs and Cost Analysis↗
PubMed1983

Presbyterian Hospital of Dallas v. Harris: a dubious consequence of piecemeal health care legislation.

For almost forty years, legislators have advocated comprehensive measures designed to assure Americans quality health care. Instead of implementing an integrated health care plan, Congress has intermittently enacted statutes which address specific health care delivery problems. At times the judiciary has stretched the ambit of existing health legislation in response to particular plaintiffs' urgent claims. This Case Comment examines the dilemma of piecemeal legislation and judicial policymaking as exemplified by Presbyterian Hospital of Dallas v. Harris, a Fifth Circuit Court of Appeals health care financing decision whose outcome Congress has flatly rejected.

Cost Control↗