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PubMed2003

[Animal protection as a constitutional principle--effects on the legislation, the administration and the judiciary].

The latest amendment of Art. 20a GG dates from August 1st 2002. With this amendment the moral thought of animal protection has become a constitutional principle. The following text tries to explain the consequences of this amendment for the legislation, the administration and the jurisdiction in Germany. It ist to be expected that the new Art. 20 a GG will not lead to an expansion of specific legislation. However, the powers of administration and jurisdiction might be strengthened, especially as far as the freedom of research, the freedom of science and the religious freedom are concerned.

Animal Rights↗
PubMed2003

Cloning and stem cell research: a critical overview of the present legislative regime in Australia and the way forward.

The application of stem cell research in biomedical science has recently sparked debates similar to the calls nearly 25 years ago for a ban involving recombinant DNA. This article critically examines the present legislative framework in Australia governing stem cell research and cloning, after briefly seeking a clear understanding of what these procedures involve, as well as suggesting an ethical paradigm within which these issues can be approached. The deficiencies in the proposed legislative framework are also highlighted. Australia has a duty to future generations to pursue the benefits unlocked by this type of research and it is hoped that the next two years will lead to more insights regarding the potential of such research and hence a revision of the present legal impediments.

Australia↗
PubMed2003

[Confidential healthcare for Israeli adolescents: towards evolution of specific legislation].

BACKGROUND: Despite its critical importance, the issue of confidentiality in the provision of adolescent health care has not been specifically clarified by Israeli law. OBJECTIVE: To review the conflict between the needs of adolescents, attitudes of the medical community and daily medical practice, and to promote legislation that would allow health care providers to treat adolescents without parental consent under certain circumstances. THE CURRENT CONFLICT: A major key to the productive encounter between the adolescent and the health professional is the confidence that sensitive information, communicated between them, will not be divulged to anyone, including parents. The Israeli law does not allow minors to give independent consent to care, except under certain circumstances. Also, Israeli physicians frequently do not provide confidential care, even when the issue is explicitly covered by the law such as in the case of termination of pregnancy. STEPS TOWARDS CHANGE: The Ministry of Health adopted an analogy stating that "in the case of an activity in which minors of his/her age are accustomed to engaging, a legal act performed by a minor cannot be cancelled". On this basis, medical associations and other bodies involved in adolescent health recommended that care related to issues requiring privacy should be provided to minors without parental consent or knowledge whenever it is common among a certain age group to seek the specific type of care. However, a clear and updated legislation is still required in order to enhance professional legitimization and awareness.

Adolescent↗
PubMed1992

[Progress, detours, errors--social legislative aspects of the development of rehabilitation].

Any person threatened by the onset of disability has a right to the assistance needed to integrate in work, career, and society (section 10, Book 1 of the Social Code). A highly sophisticated system of legal provisions and pursuant administrative competencies, eligibility requirements and benefit provision modalities seeks to fulfill this entitlement. The system of available services is subject to on-going development, with adjustments necessary in response both to medical advances and labour market or technological developments. The adjustment process is limited by the economic resources available, which may restrict the scope of what is considered feasible regardless of what might be possible or desirable. To avoid becoming entangled in the "jungle" of its own system of competencies and eligibilities, a rehabilitee-centred rehabilitation approach must seek to make even better use of the manifold opportunities of rehabilitation legislation in light of the individual case at hand and based on professional cooperation. Any further development of rehabilitation legislation will moreover have to pay attention to those persons for whom occupational integration is no longer, or not yet, possible, in order to face up to future social challenges.

Persons with Disabilities↗
PubMed2003

Patients rights and accountability: can there exist rights without remedies in an American legal and legislative framework?

Considerable attention has been given patient rights within the borders of the United States over the last five to 10 years. This has been driven by the creation of the managed health care organization. But as this form of health care delivery within the United States has a strong foothold, perils in its administration have arisen, notably how America's legislative and civil justice systems need to respond to the issue of accountability for such entities when they make decisions as to what care and treatment should be provided to enrollees of their plans. This has come to be known as decisions involving what is medically necessary care and treatment. The American Congress has tackled, legislatively, the issue of patient rights (and remedies within these rights) to be accorded patients affected by decisions made by managed care organizations. Unfortunately, these efforts have stalled, principally over the remedies to be so afforded patients whose care has been unacceptable, i.e., fallen below a standard of care that results in injury or death. Experience from other nations has not been helpful due, in large measure, to the system of health care delivery within those countries. America's civil court decisions, however, are not only illuminating a proper path to follow nonetheless, but also are a beacon to follow for justice systems in other countries faced with the same or similar issues.

Delivery of Health Care↗
PubMedDate not supplied

[The concept of health in Italian occupational health legislation].

This study describes the evolution of the concept of health in Italian occupational health legislation (1900-2001). Mental health dimensions at work (such as reduction in monotony and repetitiveness, mental risks in pregnancy and so on) were introduced only recently. This can be explained with: 1) poor working conditions; 2) the delay of the occupational health community in including mental health in the concept of health; 3) the gap between scientific knowledge of risk factors for mental health and legislation aimed at prevention.

Health↗
PubMed2003

[Opinion of the French National Academy of Medicine on the legislative framework for the application of the European Directive on biomedical research in humans].

The French National Academy of Medicine considers that biomedical research in humans is a necessity for Public Health. This research is indispensable to medical progress and public health. It must respect medical ethics, scientific rigor, and should be implemented within a legislative framework. The Academy is concerned by the insufficient French participation in this research, which is largely a result of the small number of patients included in therapeutic trials that are necessary to the progression of knowledge and the improvement of diagnosis and treatment. Such research should be encouraged and unjustified (or useless) constraints should be lifted, particularly those which weigh on studies whose goal is furthering knowledge and are independent from industry. It approves that in the proposed revision of the articles of the law regarding the protection of persons participating in biomedical research, the distinction between research with of without direct individual benefit is removed. It notes that trials known as "non-interventional," meaning tested trials (studies in which the drugs which are used are already authorized or which use tested therapeutic strategies) are not concerned by the directive. The Academy would like these trials to be better defined in order to avoid any ambiguity. It would like to see the creation of a registry of French trials as well as the rapid publication of epidemiological studies or therapeutic trials whose results could have important consequences for Public Health. The realization of large trials requires European cooperation, therefore the harmonization of legislation in the member States of the E.U. is a necessity; this should lead to the creation of a European structure of appeal in this field.

Academies and Institutes↗
PubMed2004

[The French legislation against smoking].

Smoking is one most common threat of public health around the world. One of the best way to fight it is legislation. The French legislation is probably one of the more sharp and precise for the non-smokers or youths protection. Historically, the law "Veil" voted for in 1976 has defined the French basis of this sort of prevention. The law "Evin" voted for in 1991 has reinforced the non-smokers protection by the ban of smoking in public places, has decided the ban of advertising and has allowed very significant tobacco prices increases. Following European directives, new health warning appeared on cigarettes boxes in France in 2003. They are more strict, visible than they were before. It's because the law is implemented and because it's in continuous evolution that the French smoking prevalence will have the right evolution.

Europe↗
PubMed2004

Psychiatric services in nursing homes in Israel: should the American legislation be adopted?

BACKGROUND: Nursing homes provide care for the elderly who require medical, nursing or rehabilitation services. Legislation for the public health model of mental health care for nursing home residents in the USA was enacted in 1987. OBJECTIVE: To determine whether the USA act regulating psychiatric care for nursing homes may be applied in Israel. METHODS: Publications analyzing the outcome of the USA regulations demonstrate improved care as reflected by decrease in restraints and better use of psychotropic compounds. The shortcomings as well as benefits of the USA legislation are tested as to their relevance to the specific economic, environmental and medical issues in Israel. CONCLUSIONS: The adoption of USA legal acts regulating nursing home residents' psychiatric care may not be feasible in Israel. However, quality of care in nursing homes can be significantly improved if such regulations were "tailored" to Israel's unique structure of nursing homes.

Aged↗
PubMed2005

Charting a course through difficult legislative waters: tribunal decisions on life-sustaining measures.

Since the enactment in Queensland of the Powers of Attorney Act 1998 (Qld) and the Guardianship and Administration Act 2000 (Qld), a decision can be made to withhold or withdraw life-sustaining medical treatment from an adult who lacks capacity to make such decisions for herself or himself. The Guardianship and Administration Tribunal of Queensland has been asked to consider the law in relation to these decisions on a number of occasions since the legislation was passed. This article explores the relevant provisions of these statutes and some of the difficulties that arise from how they are currently drafted. It also examines how the Guardianship and Administration Tribunal has dealt with applications to withhold or withdraw life-sustaining measures, and suggests a course that might avoid some of the difficulties that are inherent in Queensland's legislative regime.

Adult↗
PubMedDate not supplied

And it all came tumbling down...new industrial relations legislation to hurt nurses.

When the Howard Government gains total control of Parliament in July this year, it has announced it will introduce legislation which will dismantle Australia's industrial relations system. The Australian Nursing Federation (ANF) and the Queensland Nurses' Union (QNU) expect the new legislation will reduce the role of unions, put downward pressure on wages and conditions and dilute the power of the Australian Industrial Relations Commission (AIRC) to hear and resolve disputes. The changes will not only affect nurses' wages and conditions, but threaten to undermine the profession itself.

Australia↗
PubMed2005

[Legislative policy and management in relation to long term care in Taiwan].

Because of the ageing of Taiwan society, long-term care needs increase on a daily basis. But no shift system has been introduced for long-term care, with the result that when there is an inappropriate balance of deployment of resources, acute hospital resources are being given over to long-term care patients, and a heavy burden is being placed upon long-term care patients and their families. In addition, there are developmental differences within the current system, in which many different management methods are adopted. For this reason, this article describes the difficulties that long-term care faces in Taiwan, and makes suggestions in that regard. In an ageing society, integration of policy, legislation and services, the provision of welfare to the elderly, are responsibilities of the whole of society--the elderly themselves, their families, civil society, and government. We sincerely hope that legislation on long-term care can now be passed quickly, so that a truly flawless long-term care system can be introduced.

Humans↗
PubMed2006

Electroconvulsive therapy: administrative codes, legislation, and professional recommendations.

Government regulatory involvement in electroconvulsive therapy (ECT) is due to several factors, including patient advocate groups, prior abuse by psychiatrists, and a general trend of state authority to move into areas traditionally governed by medical authorities. Regardless of the specific reasons, ECT is both highly effective in the treatment of many psychiatric disorders and heavily regulated by state administrative codes and legislation. The purpose of this article is to conduct a systematic review of the state administrative codes and legislation for the 50 states, the District of Columbia, and Puerto Rico and to compare the findings with professional recommendations for the administration of ECT.

Electroconvulsive Therapy↗
PubMed2004

Looking backwards, looking forwards: judicial and legislative trends in the regulation of surrogate motherhood in the UK and Australia.

It has been a quarter of a century since the first reported decision was handed down with respect to surrogate motherhood by a common law court. Since that initial decision Australian jurisdictions and the United Kingdom have seen a plethora of parliamentary inquiries, legislation and case law. This article reviews these historical legal developments in case law and legislation in both Australia and the UK to identify what, if any, trends are occurring in the regulation of surrogacy. It is suggested from this review that there is a trend towards recognising and allowing altruistic surrogacy. This raises issues of practical and theoretical importance in relation to the definition of family and the regulation of surrogacy.

Altruism↗
PubMedDate not supplied

[The legal question of the obtention of human stem cells for biomedical research. Legislation policy considerations].

The future Law on Biomedical Research, whose draft bill has been approved by the Council of Ministers and that will soon begin its parliamentary process of approval, will regulate, among other matters, the research with embryos. Likewise, it will make a pronouncement on the so-called therapeutic cloning. This report makes a detailed analysis of different matters that must be borne in mind by the legislator in order to face the process of evaluation and approval of said Law in relation with the aforementioned matters. It makes a special analysis of the legal texts of an international nature to which Spain is unavoidably subjected to, in such a way that the legislative text that will finally be approved is not contrary to the dispositions that are within such.

Biomedical Research↗
PubMed2006

[Professionalization of occupational therapists--based on interviews with the psychiatric nurses and instructors before legislation on occupational therapists was passed].

This article aims to clarify the historical background regarding why psychiatric occupational therapists pointed out the ambiguity of their professional roles in the 1990's after over 25 years of legislation on occupational therapists. Findings regarding their social background and interviews with the nurses and instructors who were engaged in occupational therapy before the legislation are as follows: (1) Actual conditions of the nurses and instructors were not fully reflected in the clauses. This seems to create a separation between old and new people in this field. (2) Although social prejudice against the patients and chronic shortages of manpower existed, the objectives of treating the patients as human beings and collaborating with them (not having them work) were regarded as being important. This seems to have been one of the "guidelines" of Doctor Shuzo Kure in the Meiji Era.

History, 20th Century↗
PubMed2006

[Towards a new social perception of people with disabilities: legislation, medicine and the work-disabled in Spain (1900-1936)].

This paper aims to analyse the role played by Medicine, against a background of social reform in the first third of the 20th Century, in helping to shape the nature of disabilities in Spain. We look at the legislation passed to regulate occupational accidents and the institutions set up to look after accident victims with physical or functional disabilities from the perspective developed in the new academic field of disability studies and using scientific and professional journals as well as documentation from Spain's legislative chambers as our main sources. We attempt to examine the extent to which these developments helped to transform the existing social perception of people with disabilities.

Accidents, Occupational↗